Minnesota Legislature
HF 828
as introduced - 88th Legislature (2013 - 2014) Posted on 02/22/2013 01:48pm
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A bill for an act
relating to public safety; authorizing access to secure communications network;
providing minimum standards; clarifying use of network; amending Minnesota
Statutes 2012, section 299C.46, subdivisions 1, 2, 2a, 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2012, section 299C.46, subdivision 1, is amended to read:
Subdivision 1.
Establishmentdeleted text begin ; interconnectiondeleted text end .
The commissioner of public safety
shall establish a criminal justice data communications network deleted text begin whichdeleted text end new text begin thatnew text end will deleted text begin enable the
interconnection of the criminal justice agencies within the statedeleted text end new text begin provide secure access to
systems and services available from or through the Bureau of Criminal Apprehensionnew text end . The
commissioner of public safety is authorized to lease or purchase facilities and equipment
as may be necessary to establish and maintain the data communications network.
Sec. 2.
Minnesota Statutes 2012, section 299C.46, subdivision 2, is amended to read:
Subd. 2.
Criminal justice agency defined.
For the purposes of sections 299C.46
to 299C.49, "criminal justice agency" means an agency of the state or deleted text begin an agency ofdeleted text end a
political subdivisionnew text begin or the federal governmentnew text end charged with detection, enforcement,
prosecution, adjudication or incarceration in respect to the criminal or traffic laws of this
state. This definition also includes all sites identified and licensed as a detention facility
by the commissioner of corrections under section 241.021new text begin and federal agencies that serve
part or all of the state from an office located outside the statenew text end .
Sec. 3.
Minnesota Statutes 2012, section 299C.46, subdivision 2a, is amended to read:
Subd. 2a.
Noncriminal justice agency defined.
For the purposes of sections
299C.46 to 299C.49, "noncriminal justice agency" means an agency of deleted text begin adeleted text end new text begin thenew text end state or deleted text begin an
agency ofdeleted text end a political subdivision of deleted text begin adeleted text end new text begin thenew text end state charged with the responsibility of performing
checks of state databases connected to the criminal justice data communications network.
Sec. 4.
Minnesota Statutes 2012, section 299C.46, subdivision 3, is amended to read:
Subd. 3.
Authorized use, fee.
(a) The criminal justice data communications
network shall be used exclusively by:
(1) criminal justice agencies in connection with the performance of duties required
by law;
(2) agencies investigating federal security clearances of individuals for assignment
or retention in federal employment with duties related to national security, as required by
deleted text begin Public Law 99-169deleted text end new text begin United States Code, title 5, section 9101new text end ;
(3) other agencies to the extent necessary to provide for protection of the public or
property in deleted text begin andeleted text end new text begin a declarednew text end emergency or disaster situation;
(4) noncriminal justice agencies statutorily mandated, by state or national law, to
conduct checks into state databases prior to disbursing licenses or providing benefits;
(5) the public authority responsible for child support enforcement in connection
with the performance of its duties;
(6) the public defender, as provided in section 611.272; deleted text begin and
deleted text end
(7) a county attorney or the attorney general, as the county attorney's designee, for
the purpose of determining whether a petition for the civil commitment of a proposed
patient as a sexual psychopathic personality or as a sexually dangerous person should be
filed, and during the pendency of the commitment proceedingsdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(8) an agency of the state or a political subdivision whose access to systems or
services provided from or through the bureau is specifically authorized by federal statute
or regulation or state statute; and
new text end
new text begin
(9) a court for access to data as authorized by state statute or federal law and related
to the disposition of a pending case.
new text end
(b) The commissioner of public safety shall establish a monthly network access
charge to be paid by each participating criminal justice agency. The network access
charge shall be a standard fee established for each terminal, computer, or other equipment
directly addressable by the data communications network, as follows: January 1, 1984
to December 31, 1984, $40 connect fee per month; January 1, 1985 and thereafter, $50
connect fee per month.
(c) The commissioner of public safety is authorized to arrange for the connection
of the data communications network with the criminal justice information system of
the federal government, any deleted text begin adjacentdeleted text end state, or deleted text begin Canadadeleted text end new text begin country for the secure exchange
of information for any of the purposes authorized in paragraph (a), clauses (1), (2), (3),
(8), and (9)new text end .
new text begin
(d) Prior to establishing a secure connection, a criminal justice agency must:
new text end
new text begin
(1) agree to comply with all applicable policies governing access to, submission of,
or use of the data;
new text end
new text begin
(2) meet the bureau's security requirements;
new text end
new text begin
(3) agree to pay any required fees; and
new text end
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(4) conduct fingerprint-based background checks on the agency's employees and
contractors as required by the Federal Bureau of Investigation.
new text end
new text begin
(e) Prior to establishing a secure connection, a noncriminal justice agency must:
new text end
new text begin
(1) agree to comply with all applicable policies governing access to, submission of,
or use of the data;
new text end
new text begin
(2) meet the bureau's security requirements;
new text end
new text begin
(3) agree to pay any required fees; and
new text end
new text begin
(4) conduct fingerprint-based background checks on the agency's employees and
contractors.
new text end
new text begin
(f) The noncriminal justice agency shall conduct the background check required
under paragraph (e) by submitting a request to the superintendent of the bureau that
includes a signed, written consent for the Minnesota criminal history check, fingerprints,
and a money order or check payable to the Bureau of Criminal Apprehension to cover
the cost of conducting the background check. The superintendent shall conduct the
background check by retrieving criminal history data as defined in section 13.87. The
noncriminal justice agency shall review the criminal history of each of its employees
and contractors with the CJIS Systems Officer at the bureau or the officer's designee to
determine if the employee or contractor qualifies for access to the secure network. The
CJIS Systems Officer or the officer's designee shall make the access determination based
on FBI policy and bureau policy.
new text end