Bill Text: MN HF828 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Secure communications network access authorized and modified, minimum standards provided, and network use clarified.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-20 - Second reading [HF828 Detail]
Download: Minnesota-2013-HF828-Engrossed.html
1.2relating to public safety; authorizing and modifying access to secure
1.3communications network; providing minimum standards; clarifying use of
1.4network;amending Minnesota Statutes 2012, sections 299C.11, subdivision
1.51; 299C.46, subdivisions 1, 2, 2a, 3; 299F.035, subdivisions 1, 2; 299F.77;
1.6340A.301, subdivision 2; 340A.402; proposing coding for new law in Minnesota
1.7Statutes, chapter 299C; repealing Minnesota Statutes 2012, section 299A.28.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 299C.11, subdivision 1, is amended to read:
1.10 Subdivision 1. Identification data other than DNA. (a) Each sheriff and chief of
1.11police shall furnish the bureau, upon such form as the superintendent shall prescribe, with
1.12such finger and thumb prints, photographs, distinctive physical mark identification data,
1.13information on known aliases and street names, and other identification data as may be
1.14requested or required by the superintendent of the bureau, which must be taken under the
1.15provisions of section299C.10 . In addition, sheriffs and chiefs of police shall furnish this
1.16identification data to the bureau for individuals found to have been convicted of a felony,
1.17gross misdemeanor, or targeted misdemeanor, within the ten years immediately preceding
1.18their arrest. When the bureau learns that an individual who is the subject of a background
1.19check has used, or is using, identifying information, including, but not limited to, name
1.20and date of birth, other than those listed on the criminal history, the bureau may add the
1.21new identifying information to the criminal history when supported by fingerprints.
1.22(b) No petition under chapter 609A is required if the person has not been convicted
1.23of any felony or gross misdemeanor, either within or without the state, within the period
1.24of ten years immediately preceding the determination of all pending criminal actions or
1.25proceedings in favor of the arrested person, and either of the following occurred:
2.1(1) all charges were dismissed prior to a determination of probable cause; or
2.2(2) the prosecuting authority declined to file any charges and a grand jury did not
2.3return an indictment.
2.4Where these conditions are met, the bureau or agency shall, upon demand,return to
2.5 destroy the arrested person finger and thumb prints, photographs, distinctive physical mark
2.6identification data, information on known aliases and street names, and other identification
2.7data, and all copies and duplicates of them.
2.8(c) Except as otherwise provided in paragraph (b), upon the determination of all
2.9pending criminal actions or proceedings in favor of the arrested person, and the granting
2.10of the petition of the arrested person under chapter 609A, the bureau shall seal finger and
2.11thumb prints, photographs, distinctive physical mark identification data, information on
2.12known aliases and street names, and other identification data, and all copies and duplicates
2.13of them if the arrested person has not been convicted of any felony or gross misdemeanor,
2.14either within or without the state, within the period of ten years immediately preceding
2.15such determination.
2.16 Sec. 2. Minnesota Statutes 2012, section 299C.46, subdivision 1, is amended to read:
2.17 Subdivision 1. Establishment; interconnection. The commissioner of public safety
2.18shall establish a criminal justice data communications networkwhich that will enable the
2.19interconnection of the criminal justice agencies within the state provide secure access to
2.20systems and services available from or through the Bureau of Criminal Apprehension. The
2.21commissioner of public safety is authorized to lease or purchase facilities and equipment
2.22as may be necessary to establish and maintain the data communications network.
2.23 Sec. 3. Minnesota Statutes 2012, section 299C.46, subdivision 2, is amended to read:
2.24 Subd. 2. Criminal justice agency defined. For the purposes of sections299C.46
2.25to299C.49 , "criminal justice agency" means an agency of the state or an agency of a
2.26political subdivision or the federal government charged with detection, enforcement,
2.27prosecution, adjudication or incarceration in respect to the criminal or traffic laws of this
2.28state. This definition also includes all sites identified and licensed as a detention facility
2.29by the commissioner of corrections under section241.021 and those federal agencies that
2.30serve part or all of the state from an office located outside the state.
2.31 Sec. 4. Minnesota Statutes 2012, section 299C.46, subdivision 2a, is amended to read:
2.32 Subd. 2a. Noncriminal justice agency defined. For the purposes of sections
2.33299C.46
to
299C.49 , "noncriminal justice agency" means an agency of a the state or an
3.1agency of a political subdivision of a the state charged with the responsibility of performing
3.2checks of state databases connected to the criminal justice data communications network.
3.3 Sec. 5. Minnesota Statutes 2012, section 299C.46, subdivision 3, is amended to read:
3.4 Subd. 3. Authorized use, fee. (a) The criminal justice data communications
3.5network shall be used exclusively by:
3.6(1) criminal justice agencies in connection with the performance of duties required
3.7by law;
3.8(2) agencies investigating federal security clearances of individuals for assignment
3.9or retention in federal employment with duties related to national security, as required by
3.10Public Law 99-169 United States Code, title 5, section 9101;
3.11(3) other agencies to the extent necessary to provide for protection of the public or
3.12property inan a declared emergency or disaster situation;
3.13(4) noncriminal justice agencies statutorily mandated, by state or national law, to
3.14conduct checks into state databases prior to disbursing licenses or providing benefits;
3.15(5) the public authority responsible for child support enforcement in connection
3.16with the performance of its duties;
3.17(6) the public defender, as provided in section611.272 ; and
3.18(7) a county attorney or the attorney general, as the county attorney's designee, for
3.19the purpose of determining whether a petition for the civil commitment of a proposed
3.20patient as a sexual psychopathic personality or as a sexually dangerous person should be
3.21filed, and during the pendency of the commitment proceedings.;
3.22(8) an agency of the state or a political subdivision whose access to systems or
3.23services provided from or through the bureau is specifically authorized by federal law
3.24or regulation or state statute; and
3.25(9) by a court for access to data as authorized by federal law or regulation or state
3.26statute and related to the disposition of a pending case.
3.27(b) The commissioner of public safety shall establish a monthly network access
3.28charge to be paid by each participating criminal justice agency. The network access
3.29charge shall be a standard fee established for each terminal, computer, or other equipment
3.30directly addressable by the data communications network, as follows: January 1, 1984
3.31to December 31, 1984, $40 connect fee per month; January 1, 1985 and thereafter, $50
3.32connect fee per month.
3.33(c) The commissioner of public safety is authorized to arrange for the connection
3.34of the data communications network with the criminal justice information system of
3.35the federal government, anyadjacent state, or Canada country for the secure exchange
4.1of information for any of the purposes authorized in paragraph (a), clauses (1), (2), (3),
4.2(8), and (9).
4.3(d) Prior to establishing a secure connection, a criminal justice agency must:
4.4(1) agree to comply with all applicable policies governing access to, submission of,
4.5or use of the data;
4.6(2) meet the bureau's security requirements;
4.7(3) agree to pay any required fees; and
4.8(4) conduct fingerprint-based state and national background checks on the agency's
4.9employees and contractors as required by the Federal Bureau of Investigation.
4.10(e) Prior to establishing a secure connection, a noncriminal justice agency must:
4.11(1) agree to comply with all applicable policies governing access to, submission of,
4.12or use of the data;
4.13(2) meet the bureau's security requirements;
4.14(3) agree to pay any required fees; and
4.15(4) conduct fingerprint-based state and national background checks on the agency's
4.16employees and contractors.
4.17(f) Those noncriminal justice agencies that do not have a secure network connection
4.18yet receive data either retrieved over the secure network by an authorized criminal justice
4.19agency or as a result of a state or federal criminal history records check shall conduct a
4.20background check as provided in paragraph (g) of those individuals who receive and
4.21review the data to determine another individual's eligibility for employment, housing, a
4.22license, or another legal right dependent on a statutorily mandated background check.
4.23(g) The background check required by paragraph (e) or (f) is accomplished by
4.24submitting a request to the superintendent of the Bureau of Criminal Apprehension
4.25that includes a signed, written consent for the Minnesota and national criminal history
4.26records check, fingerprints, and the required fee. The superintendent may exchange
4.27the fingerprints with the Federal Bureau of Investigation for purposes of obtaining the
4.28individual's national criminal history record information.
4.29The superintendent shall return the results of the national criminal history records check to
4.30the noncriminal justice agency to determine if the individual is qualified to have access to
4.31state and federal criminal history record information or the secure network. An individual
4.32is disqualified when the state and federal criminal history record information show any of
4.33the disqualifiers that the individual will apply to the records of others.
4.34When the individual is to have access to the secure network, the noncriminal justice
4.35agency shall review the criminal history of each employee or contractor with the Criminal
4.36Justice Information Services systems officer at the bureau, or the systems officer's
5.1designee, to determine if the employee or contractor qualifies for access to the secure
5.2network. The Criminal Justice Information Services systems officer or the designee shall
5.3make the access determination based on Federal Bureau of Investigation policy and
5.4Bureau of Criminal Apprehension policy.
5.5 Sec. 6. [299C.72] MINNESOTA CRIMINAL HISTORY CHECKS.
5.6 Subdivision 1. Definitions. (a) For purposes of this section, the terms in this
5.7subdivision have the meanings given them.
5.8(b) "Applicant for employment" means an individual who seeks either county or city
5.9employment or has applied to serve as a volunteer in the county or city.
5.10(c) "Applicant for licensure" means the individual seeks a license issued by the
5.11county or city which is not subject to a federal or state-mandated background check.
5.12(d) "Authorized law enforcement agency" means the county sheriff for checks
5.13conducted for county purposes, the police department for checks conducted for city
5.14purposes, or the county sheriff for checks conducted for city purposes where there is no
5.15police department.
5.16(e) "Criminal history check" means retrieval of criminal history data via the secure
5.17network described in section 299C.46.
5.18(f) "Criminal history data" means adult convictions and adult open arrests less than
5.19one year old found in the Minnesota computerized criminal history repository.
5.20(g) "Informed consent" has the meaning given in section 13.05, subdivision 4,
5.21paragraph (d).
5.22 Subd. 2. Criminal history check authorized. (a) The criminal history check
5.23authorized by this section may not be used in place of a statutorily mandated or authorized
5.24background check.
5.25(b) An authorized law enforcement agency may conduct a criminal history check
5.26of an individual who is an applicant for employment or applicant for licensure. Prior
5.27to conducting the criminal history check, the authorized law enforcement agency must
5.28receive the informed consent of the individual.
5.29(c) The authorized law enforcement agency may not disseminate criminal history data
5.30and must maintain it securely with the agency's office. The authorized law enforcement
5.31agency may indicate whether the applicant for employment or applicant for licensure has a
5.32criminal history that would prevent hire, acceptance as a volunteer to a hiring authority, or
5.33would prevent the issuance of a license to the department that issues the license.
5.34 Sec. 7. Minnesota Statutes 2012, section 299F.035, subdivision 1, is amended to read:
6.1 Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this
6.2section.
6.3(b) "Minnesota criminal historydata" has the meaning given in section
13.87
6.4adult convictions and juvenile adjudications.
6.5(c) "Criminal justice agency" has the meaning given in section
299C.46, subdivision
6.62
.
6.7(d) (c) "Fire department" has the meaning given in section
299N.01, subdivision 2 .
6.8(e) (d) "Private data" has the meaning given in section
13.02, subdivision 12 .
6.9 Sec. 8. Minnesota Statutes 2012, section 299F.035, subdivision 2, is amended to read:
6.10 Subd. 2.Plan for Access to data. (a) The superintendent of the Bureau of Criminal
6.11Apprehension, in consultation with the state fire marshal, shall develop and implement
6.12a plan for fire departments to have access to criminal history data. A background check
6.13must be conducted on all applicants for employment and may be conducted on current
6.14employees at a fire department. The fire chief must conduct a Minnesota criminal history
6.15record check. For applicants for employment who have lived in Minnesota for less than
6.16five years, or on the request of the fire chief, a national criminal history record check
6.17must also be conducted.
6.18(b) The plan must include:
6.19(1) security procedures to prevent unauthorized use or disclosure of private data; and
6.20(2) a procedure for the hiring or employing authority in each fire department to
6.21fingerprint job applicants or employees, submit requests to the Bureau of Criminal
6.22Apprehension, and obtain state and federal criminal history data reports for a nominal fee.
6.23(b) For a Minnesota criminal history record check, the fire chief must either (1)
6.24submit the signed informed consent of the applicant or employee and the required fee to
6.25the superintendent, or (2) submit the signed informed consent to the chief of police. The
6.26superintendent or chief must retrieve Minnesota criminal history data and provide it to
6.27the fire chief for review.
6.28(c) For a national criminal history record check, the fire chief must submit the
6.29signed informed consent and fingerprints of the applicant or employee, and the required
6.30fee to the superintendent. The superintendent may exchange the fingerprints with the
6.31Federal Bureau of Investigation to obtain the individual's national criminal history record
6.32information. The superintendent must return the results of the national criminal history
6.33record check to the fire chief for the purpose of determining if the applicant is qualified to
6.34be employed or if a current employee is able to retain the employee's position.
7.1 Sec. 9. Minnesota Statutes 2012, section 299F.77, is amended to read:
7.2299F.77 ISSUANCE TO CERTAIN PERSONS PROHIBITED.
7.3 Subdivision 1. Disqualifiers. The following persons shall not be entitled to receive
7.4an explosives license or permit:
7.5(1) a person under the age of 18 years;
7.6(2) a person who has been convicted in this state or elsewhere of a crime of violence,
7.7as defined in section299F.72, subdivision 1b , unless ten years have elapsed since the
7.8person's civil rights have been restored or the sentence has expired, whichever occurs first,
7.9and during that time the person has not been convicted of any other crime of violence. For
7.10purposes of this section, crime of violence includes crimes in other states or jurisdictions
7.11that would have been crimes of violence if they had been committed in this state;
7.12(3) a person who is or has ever been confined or committed in Minnesota or
7.13elsewhere as a person who is mentally ill, developmentally disabled, or mentally ill and
7.14dangerous to the public, as defined in section253B.02 , to a treatment facility, unless the
7.15person possesses a certificate of a medical doctor or psychiatrist licensed in Minnesota, or
7.16other satisfactory proof, that the person is no longer suffering from this disability;
7.17(4) a person who has been convicted in Minnesota or elsewhere for the unlawful
7.18use, possession, or sale of a controlled substance other than conviction for possession of
7.19a small amount of marijuana, as defined in section152.01, subdivision 16 , or who is or
7.20has ever been hospitalized or committed for treatment for the habitual use of a controlled
7.21substance or marijuana, as defined in sections152.01 and
152.02 , unless the person
7.22possesses a certificate of a medical doctor or psychiatrist licensed in Minnesota, or other
7.23satisfactory proof, that the person has not abused a controlled substance or marijuana
7.24during the previous two years; and
7.25(5) a person who has been confined or committed to a treatment facility in Minnesota
7.26or elsewhere as chemically dependent, as defined in section253B.02 , unless the person
7.27has completed treatment.
7.28 Subd. 2. Background check. (a) For licenses issued by the commissioner under
7.29section 299F.73, the applicant for licensure must provide the commissioner with all of
7.30the information required by Code of Federal Regulations, title 28, section 25.7. The
7.31commissioner shall forward the information to the superintendent of the Bureau of
7.32Criminal Apprehension so that criminal records, histories, and warrant information on
7.33the applicant may be retrieved from the Minnesota Crime Information System and the
7.34National Instant Criminal Background Check System as well as the civil commitment
7.35records maintained by the Department of Human Services. The results must be returned to
7.36the commissioner to determine if the individual applicant is qualified to receive a license.
8.1(b) For permits issued by a county sheriff or chief of police under section 299F.75,
8.2the applicant for a permit must provide the county sheriff or chief of police with all of
8.3the information required by Code of Federal Regulations, title 28, section 25.7. The
8.4county sheriff or chief of police must check, by means of electronic data transfer, criminal
8.5records, histories, and warrant information on each applicant through the Minnesota Crime
8.6Information System and the National Instant Criminal Background Check System as well
8.7as the civil commitment records maintained by the Department of Human Services. The
8.8county sheriff or chief of police shall use the results of the query to determine if the
8.9individual applicant is qualified to receive a permit.
8.10 Sec. 10. Minnesota Statutes 2012, section 340A.301, subdivision 2, is amended to read:
8.11 Subd. 2. Persons eligible. (a) Licenses under this section may be issued only to
8.12a person who:
8.13(1) is of good moral character and repute;
8.14(2) is 21 years of age or older;
8.15(3) has not had a license issued under this chapter revoked within five years of the
8.16date of license application, or to any person who at the time of the violation owns any
8.17interest, whether as a holder of more than five percent of the capital stock of a corporation
8.18licensee, as a partner or otherwise, in the premises or in the business conducted thereon,
8.19or to a corporation, partnership, association, enterprise, business, or firm in which any
8.20such person is in any manner interested; and
8.21(4) has not been convicted within five years of the date of license application of a
8.22felony, or of a willful violation of a federal or state law, or local ordinance governing
8.23the manufacture, sale, distribution, or possession for sale or distribution of alcoholic
8.24beverages. The Alcohol and Gambling Enforcement Division may require that fingerprints
8.25be taken and may forward the fingerprints to the Federal Bureau of Investigation for
8.26purposes of a criminal history check.
8.27(b) In order to determine if an individual has a felony or willful violation of federal
8.28or state law governing the manufacture, sale, distribution, or possession for sale or
8.29distribution of an alcoholic beverage, the applicant for a license to manufacture or sell at
8.30wholesale must provide the commissioner with the applicant's signed, written informed
8.31consent to conduct a background check. The commissioner may query the Minnesota
8.32Criminal History Repository for records on the applicant. If the commissioner conducts a
8.33national criminal history record check, the commissioner must obtain fingerprints from
8.34the applicant and forward them and the required fee to the superintendent of the Bureau
8.35of Criminal Apprehension. The superintendent may exchange the fingerprints with the
9.1Federal Bureau of Investigation for purposes of obtaining the applicant's national criminal
9.2history record information. The superintendent shall return the results of the national
9.3criminal history records check to the commissioner for the purpose of determining if the
9.4applicant is qualified to receive a license.
9.5 Sec. 11. Minnesota Statutes 2012, section 340A.402, is amended to read:
9.6340A.402 PERSONS ELIGIBLE.
9.7 Subdivision 1. Disqualifiers. No retail license may be issued to:
9.8(1) a person under 21 years of age;
9.9(2) a person who has had an intoxicating liquor or 3.2 percent malt liquor license
9.10revoked within five years of the license application, or to any person who at the time of
9.11the violation owns any interest, whether as a holder of more than five percent of the capital
9.12stock of a corporation licensee, as a partner or otherwise, in the premises or in the business
9.13conducted thereon, or to a corporation, partnership, association, enterprise, business, or
9.14firm in which any such person is in any manner interested;
9.15(3) a person not of good moral character and repute; or
9.16(4) a person who has a direct or indirect interest in a manufacturer, brewer, or
9.17wholesaler.
9.18In addition, no new retail license may be issued to, and the governing body of a
9.19municipality may refuse to renew the license of, a person who, within five years of the
9.20license application, has been convicted of a felony or a willful violation of a federal or
9.21state law or local ordinance governing the manufacture, sale, distribution, or possession
9.22for sale or distribution of an alcoholic beverage. The Alcohol and Gambling Enforcement
9.23Division or licensing authority may require that fingerprints be taken and forwarded to the
9.24Federal Bureau of Investigation for purposes of a criminal history check.
9.25 Subd. 2. Background check. (a) A retail liquor license may be issued by a city,
9.26a county, or the commissioner. The chief of police is responsible for the background
9.27checks prior to a city issuing a retail liquor license. A county sheriff is responsible for the
9.28background checks prior to the county issuing a retail liquor license and for those cities
9.29that do not have a police department. The commissioner is responsible for the background
9.30checks prior to the state issuing a retail liquor license.
9.31(b) The applicant for a retail license must provide the appropriate authority with
9.32the applicant's signed, written informed consent to conduct a background check. The
9.33appropriate authority is authorized to query the Minnesota Criminal History Repository
9.34for records on the applicant. If the appropriate authority conducts a national criminal
9.35history record check, the appropriate authority must obtain fingerprints from the applicant
10.1and forward them and the required fee to the superintendent of the Bureau of Criminal
10.2Apprehension. The superintendent may exchange the fingerprints with the Federal Bureau
10.3of Investigation for purposes of obtaining the applicant's national criminal history record
10.4information. The superintendent shall return the results of the national criminal history
10.5records check to the appropriate authority for the purpose of determining if the applicant
10.6is qualified to receive a license.
10.7 Sec. 12. REPEALER.
10.8Minnesota Statutes 2012, section 299A.28, is repealed.
1.3communications network; providing minimum standards; clarifying use of
1.4network;amending Minnesota Statutes 2012, sections 299C.11, subdivision
1.51; 299C.46, subdivisions 1, 2, 2a, 3; 299F.035, subdivisions 1, 2; 299F.77;
1.6340A.301, subdivision 2; 340A.402; proposing coding for new law in Minnesota
1.7Statutes, chapter 299C; repealing Minnesota Statutes 2012, section 299A.28.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 299C.11, subdivision 1, is amended to read:
1.10 Subdivision 1. Identification data other than DNA. (a) Each sheriff and chief of
1.11police shall furnish the bureau, upon such form as the superintendent shall prescribe, with
1.12such finger and thumb prints, photographs, distinctive physical mark identification data,
1.13information on known aliases and street names, and other identification data as may be
1.14requested or required by the superintendent of the bureau, which must be taken under the
1.15provisions of section
1.16identification data to the bureau for individuals found to have been convicted of a felony,
1.17gross misdemeanor, or targeted misdemeanor, within the ten years immediately preceding
1.18their arrest. When the bureau learns that an individual who is the subject of a background
1.19check has used, or is using, identifying information, including, but not limited to, name
1.20and date of birth, other than those listed on the criminal history, the bureau may add the
1.21new identifying information to the criminal history when supported by fingerprints.
1.22(b) No petition under chapter 609A is required if the person has not been convicted
1.23of any felony or gross misdemeanor, either within or without the state, within the period
1.24of ten years immediately preceding the determination of all pending criminal actions or
1.25proceedings in favor of the arrested person, and either of the following occurred:
2.1(1) all charges were dismissed prior to a determination of probable cause; or
2.2(2) the prosecuting authority declined to file any charges and a grand jury did not
2.3return an indictment.
2.4Where these conditions are met, the bureau or agency shall, upon demand,
2.5 destroy the arrested person finger and thumb prints, photographs, distinctive physical mark
2.6identification data, information on known aliases and street names, and other identification
2.7data, and all copies and duplicates of them.
2.8(c) Except as otherwise provided in paragraph (b), upon the determination of all
2.9pending criminal actions or proceedings in favor of the arrested person, and the granting
2.10of the petition of the arrested person under chapter 609A, the bureau shall seal finger and
2.11thumb prints, photographs, distinctive physical mark identification data, information on
2.12known aliases and street names, and other identification data, and all copies and duplicates
2.13of them if the arrested person has not been convicted of any felony or gross misdemeanor,
2.14either within or without the state, within the period of ten years immediately preceding
2.15such determination.
2.16 Sec. 2. Minnesota Statutes 2012, section 299C.46, subdivision 1, is amended to read:
2.17 Subdivision 1. Establishment
2.18shall establish a criminal justice data communications network
2.19
2.20systems and services available from or through the Bureau of Criminal Apprehension. The
2.21commissioner of public safety is authorized to lease or purchase facilities and equipment
2.22as may be necessary to establish and maintain the data communications network.
2.23 Sec. 3. Minnesota Statutes 2012, section 299C.46, subdivision 2, is amended to read:
2.24 Subd. 2. Criminal justice agency defined. For the purposes of sections
2.25to
2.26political subdivision or the federal government charged with detection, enforcement,
2.27prosecution, adjudication or incarceration in respect to the criminal or traffic laws of this
2.28state. This definition also includes all sites identified and licensed as a detention facility
2.29by the commissioner of corrections under section
2.30serve part or all of the state from an office located outside the state.
2.31 Sec. 4. Minnesota Statutes 2012, section 299C.46, subdivision 2a, is amended to read:
2.32 Subd. 2a. Noncriminal justice agency defined. For the purposes of sections
3.1
3.2checks of state databases connected to the criminal justice data communications network.
3.3 Sec. 5. Minnesota Statutes 2012, section 299C.46, subdivision 3, is amended to read:
3.4 Subd. 3. Authorized use, fee. (a) The criminal justice data communications
3.5network shall be used exclusively by:
3.6(1) criminal justice agencies in connection with the performance of duties required
3.7by law;
3.8(2) agencies investigating federal security clearances of individuals for assignment
3.9or retention in federal employment with duties related to national security, as required by
3.10
3.11(3) other agencies to the extent necessary to provide for protection of the public or
3.12property in
3.13(4) noncriminal justice agencies statutorily mandated, by state or national law, to
3.14conduct checks into state databases prior to disbursing licenses or providing benefits;
3.15(5) the public authority responsible for child support enforcement in connection
3.16with the performance of its duties;
3.17(6) the public defender, as provided in section
3.18(7) a county attorney or the attorney general, as the county attorney's designee, for
3.19the purpose of determining whether a petition for the civil commitment of a proposed
3.20patient as a sexual psychopathic personality or as a sexually dangerous person should be
3.21filed, and during the pendency of the commitment proceedings
3.22(8) an agency of the state or a political subdivision whose access to systems or
3.23services provided from or through the bureau is specifically authorized by federal law
3.24or regulation or state statute; and
3.25(9) by a court for access to data as authorized by federal law or regulation or state
3.26statute and related to the disposition of a pending case.
3.27(b) The commissioner of public safety shall establish a monthly network access
3.28charge to be paid by each participating criminal justice agency. The network access
3.29charge shall be a standard fee established for each terminal, computer, or other equipment
3.30directly addressable by the data communications network, as follows: January 1, 1984
3.31to December 31, 1984, $40 connect fee per month; January 1, 1985 and thereafter, $50
3.32connect fee per month.
3.33(c) The commissioner of public safety is authorized to arrange for the connection
3.34of the data communications network with the criminal justice information system of
3.35the federal government, any
4.1of information for any of the purposes authorized in paragraph (a), clauses (1), (2), (3),
4.2(8), and (9).
4.3(d) Prior to establishing a secure connection, a criminal justice agency must:
4.4(1) agree to comply with all applicable policies governing access to, submission of,
4.5or use of the data;
4.6(2) meet the bureau's security requirements;
4.7(3) agree to pay any required fees; and
4.8(4) conduct fingerprint-based state and national background checks on the agency's
4.9employees and contractors as required by the Federal Bureau of Investigation.
4.10(e) Prior to establishing a secure connection, a noncriminal justice agency must:
4.11(1) agree to comply with all applicable policies governing access to, submission of,
4.12or use of the data;
4.13(2) meet the bureau's security requirements;
4.14(3) agree to pay any required fees; and
4.15(4) conduct fingerprint-based state and national background checks on the agency's
4.16employees and contractors.
4.17(f) Those noncriminal justice agencies that do not have a secure network connection
4.18yet receive data either retrieved over the secure network by an authorized criminal justice
4.19agency or as a result of a state or federal criminal history records check shall conduct a
4.20background check as provided in paragraph (g) of those individuals who receive and
4.21review the data to determine another individual's eligibility for employment, housing, a
4.22license, or another legal right dependent on a statutorily mandated background check.
4.23(g) The background check required by paragraph (e) or (f) is accomplished by
4.24submitting a request to the superintendent of the Bureau of Criminal Apprehension
4.25that includes a signed, written consent for the Minnesota and national criminal history
4.26records check, fingerprints, and the required fee. The superintendent may exchange
4.27the fingerprints with the Federal Bureau of Investigation for purposes of obtaining the
4.28individual's national criminal history record information.
4.29The superintendent shall return the results of the national criminal history records check to
4.30the noncriminal justice agency to determine if the individual is qualified to have access to
4.31state and federal criminal history record information or the secure network. An individual
4.32is disqualified when the state and federal criminal history record information show any of
4.33the disqualifiers that the individual will apply to the records of others.
4.34When the individual is to have access to the secure network, the noncriminal justice
4.35agency shall review the criminal history of each employee or contractor with the Criminal
4.36Justice Information Services systems officer at the bureau, or the systems officer's
5.1designee, to determine if the employee or contractor qualifies for access to the secure
5.2network. The Criminal Justice Information Services systems officer or the designee shall
5.3make the access determination based on Federal Bureau of Investigation policy and
5.4Bureau of Criminal Apprehension policy.
5.5 Sec. 6. [299C.72] MINNESOTA CRIMINAL HISTORY CHECKS.
5.6 Subdivision 1. Definitions. (a) For purposes of this section, the terms in this
5.7subdivision have the meanings given them.
5.8(b) "Applicant for employment" means an individual who seeks either county or city
5.9employment or has applied to serve as a volunteer in the county or city.
5.10(c) "Applicant for licensure" means the individual seeks a license issued by the
5.11county or city which is not subject to a federal or state-mandated background check.
5.12(d) "Authorized law enforcement agency" means the county sheriff for checks
5.13conducted for county purposes, the police department for checks conducted for city
5.14purposes, or the county sheriff for checks conducted for city purposes where there is no
5.15police department.
5.16(e) "Criminal history check" means retrieval of criminal history data via the secure
5.17network described in section 299C.46.
5.18(f) "Criminal history data" means adult convictions and adult open arrests less than
5.19one year old found in the Minnesota computerized criminal history repository.
5.20(g) "Informed consent" has the meaning given in section 13.05, subdivision 4,
5.21paragraph (d).
5.22 Subd. 2. Criminal history check authorized. (a) The criminal history check
5.23authorized by this section may not be used in place of a statutorily mandated or authorized
5.24background check.
5.25(b) An authorized law enforcement agency may conduct a criminal history check
5.26of an individual who is an applicant for employment or applicant for licensure. Prior
5.27to conducting the criminal history check, the authorized law enforcement agency must
5.28receive the informed consent of the individual.
5.29(c) The authorized law enforcement agency may not disseminate criminal history data
5.30and must maintain it securely with the agency's office. The authorized law enforcement
5.31agency may indicate whether the applicant for employment or applicant for licensure has a
5.32criminal history that would prevent hire, acceptance as a volunteer to a hiring authority, or
5.33would prevent the issuance of a license to the department that issues the license.
5.34 Sec. 7. Minnesota Statutes 2012, section 299F.035, subdivision 1, is amended to read:
6.1 Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this
6.2section.
6.3(b) "Minnesota criminal history
6.4adult convictions and juvenile adjudications.
6.5
6.6
6.7
6.8
6.9 Sec. 8. Minnesota Statutes 2012, section 299F.035, subdivision 2, is amended to read:
6.10 Subd. 2.
6.11
6.12
6.13must be conducted on all applicants for employment and may be conducted on current
6.14employees at a fire department. The fire chief must conduct a Minnesota criminal history
6.15record check. For applicants for employment who have lived in Minnesota for less than
6.16five years, or on the request of the fire chief, a national criminal history record check
6.17must also be conducted.
6.18
6.19
6.20
6.21
6.22
6.23(b) For a Minnesota criminal history record check, the fire chief must either (1)
6.24submit the signed informed consent of the applicant or employee and the required fee to
6.25the superintendent, or (2) submit the signed informed consent to the chief of police. The
6.26superintendent or chief must retrieve Minnesota criminal history data and provide it to
6.27the fire chief for review.
6.28(c) For a national criminal history record check, the fire chief must submit the
6.29signed informed consent and fingerprints of the applicant or employee, and the required
6.30fee to the superintendent. The superintendent may exchange the fingerprints with the
6.31Federal Bureau of Investigation to obtain the individual's national criminal history record
6.32information. The superintendent must return the results of the national criminal history
6.33record check to the fire chief for the purpose of determining if the applicant is qualified to
6.34be employed or if a current employee is able to retain the employee's position.
7.1 Sec. 9. Minnesota Statutes 2012, section 299F.77, is amended to read:
7.2299F.77 ISSUANCE TO CERTAIN PERSONS PROHIBITED.
7.3 Subdivision 1. Disqualifiers. The following persons shall not be entitled to receive
7.4an explosives license or permit:
7.5(1) a person under the age of 18 years;
7.6(2) a person who has been convicted in this state or elsewhere of a crime of violence,
7.7as defined in section
7.8person's civil rights have been restored or the sentence has expired, whichever occurs first,
7.9and during that time the person has not been convicted of any other crime of violence. For
7.10purposes of this section, crime of violence includes crimes in other states or jurisdictions
7.11that would have been crimes of violence if they had been committed in this state;
7.12(3) a person who is or has ever been confined or committed in Minnesota or
7.13elsewhere as a person who is mentally ill, developmentally disabled, or mentally ill and
7.14dangerous to the public, as defined in section
7.15person possesses a certificate of a medical doctor or psychiatrist licensed in Minnesota, or
7.16other satisfactory proof, that the person is no longer suffering from this disability;
7.17(4) a person who has been convicted in Minnesota or elsewhere for the unlawful
7.18use, possession, or sale of a controlled substance other than conviction for possession of
7.19a small amount of marijuana, as defined in section
7.20has ever been hospitalized or committed for treatment for the habitual use of a controlled
7.21substance or marijuana, as defined in sections
7.22possesses a certificate of a medical doctor or psychiatrist licensed in Minnesota, or other
7.23satisfactory proof, that the person has not abused a controlled substance or marijuana
7.24during the previous two years; and
7.25(5) a person who has been confined or committed to a treatment facility in Minnesota
7.26or elsewhere as chemically dependent, as defined in section
7.27has completed treatment.
7.28 Subd. 2. Background check. (a) For licenses issued by the commissioner under
7.29section 299F.73, the applicant for licensure must provide the commissioner with all of
7.30the information required by Code of Federal Regulations, title 28, section 25.7. The
7.31commissioner shall forward the information to the superintendent of the Bureau of
7.32Criminal Apprehension so that criminal records, histories, and warrant information on
7.33the applicant may be retrieved from the Minnesota Crime Information System and the
7.34National Instant Criminal Background Check System as well as the civil commitment
7.35records maintained by the Department of Human Services. The results must be returned to
7.36the commissioner to determine if the individual applicant is qualified to receive a license.
8.1(b) For permits issued by a county sheriff or chief of police under section 299F.75,
8.2the applicant for a permit must provide the county sheriff or chief of police with all of
8.3the information required by Code of Federal Regulations, title 28, section 25.7. The
8.4county sheriff or chief of police must check, by means of electronic data transfer, criminal
8.5records, histories, and warrant information on each applicant through the Minnesota Crime
8.6Information System and the National Instant Criminal Background Check System as well
8.7as the civil commitment records maintained by the Department of Human Services. The
8.8county sheriff or chief of police shall use the results of the query to determine if the
8.9individual applicant is qualified to receive a permit.
8.10 Sec. 10. Minnesota Statutes 2012, section 340A.301, subdivision 2, is amended to read:
8.11 Subd. 2. Persons eligible. (a) Licenses under this section may be issued only to
8.12a person who:
8.13(1) is of good moral character and repute;
8.14(2) is 21 years of age or older;
8.15(3) has not had a license issued under this chapter revoked within five years of the
8.16date of license application, or to any person who at the time of the violation owns any
8.17interest, whether as a holder of more than five percent of the capital stock of a corporation
8.18licensee, as a partner or otherwise, in the premises or in the business conducted thereon,
8.19or to a corporation, partnership, association, enterprise, business, or firm in which any
8.20such person is in any manner interested; and
8.21(4) has not been convicted within five years of the date of license application of a
8.22felony, or of a willful violation of a federal or state law, or local ordinance governing
8.23the manufacture, sale, distribution, or possession for sale or distribution of alcoholic
8.24beverages. The Alcohol and Gambling Enforcement Division may require that fingerprints
8.25be taken and may forward the fingerprints to the Federal Bureau of Investigation for
8.26purposes of a criminal history check.
8.27(b) In order to determine if an individual has a felony or willful violation of federal
8.28or state law governing the manufacture, sale, distribution, or possession for sale or
8.29distribution of an alcoholic beverage, the applicant for a license to manufacture or sell at
8.30wholesale must provide the commissioner with the applicant's signed, written informed
8.31consent to conduct a background check. The commissioner may query the Minnesota
8.32Criminal History Repository for records on the applicant. If the commissioner conducts a
8.33national criminal history record check, the commissioner must obtain fingerprints from
8.34the applicant and forward them and the required fee to the superintendent of the Bureau
8.35of Criminal Apprehension. The superintendent may exchange the fingerprints with the
9.1Federal Bureau of Investigation for purposes of obtaining the applicant's national criminal
9.2history record information. The superintendent shall return the results of the national
9.3criminal history records check to the commissioner for the purpose of determining if the
9.4applicant is qualified to receive a license.
9.5 Sec. 11. Minnesota Statutes 2012, section 340A.402, is amended to read:
9.6340A.402 PERSONS ELIGIBLE.
9.7 Subdivision 1. Disqualifiers. No retail license may be issued to:
9.8(1) a person under 21 years of age;
9.9(2) a person who has had an intoxicating liquor or 3.2 percent malt liquor license
9.10revoked within five years of the license application, or to any person who at the time of
9.11the violation owns any interest, whether as a holder of more than five percent of the capital
9.12stock of a corporation licensee, as a partner or otherwise, in the premises or in the business
9.13conducted thereon, or to a corporation, partnership, association, enterprise, business, or
9.14firm in which any such person is in any manner interested;
9.15(3) a person not of good moral character and repute; or
9.16(4) a person who has a direct or indirect interest in a manufacturer, brewer, or
9.17wholesaler.
9.18In addition, no new retail license may be issued to, and the governing body of a
9.19municipality may refuse to renew the license of, a person who, within five years of the
9.20license application, has been convicted of a felony or a willful violation of a federal or
9.21state law or local ordinance governing the manufacture, sale, distribution, or possession
9.22for sale or distribution of an alcoholic beverage. The Alcohol and Gambling Enforcement
9.23Division or licensing authority may require that fingerprints be taken and forwarded to the
9.24Federal Bureau of Investigation for purposes of a criminal history check.
9.25 Subd. 2. Background check. (a) A retail liquor license may be issued by a city,
9.26a county, or the commissioner. The chief of police is responsible for the background
9.27checks prior to a city issuing a retail liquor license. A county sheriff is responsible for the
9.28background checks prior to the county issuing a retail liquor license and for those cities
9.29that do not have a police department. The commissioner is responsible for the background
9.30checks prior to the state issuing a retail liquor license.
9.31(b) The applicant for a retail license must provide the appropriate authority with
9.32the applicant's signed, written informed consent to conduct a background check. The
9.33appropriate authority is authorized to query the Minnesota Criminal History Repository
9.34for records on the applicant. If the appropriate authority conducts a national criminal
9.35history record check, the appropriate authority must obtain fingerprints from the applicant
10.1and forward them and the required fee to the superintendent of the Bureau of Criminal
10.2Apprehension. The superintendent may exchange the fingerprints with the Federal Bureau
10.3of Investigation for purposes of obtaining the applicant's national criminal history record
10.4information. The superintendent shall return the results of the national criminal history
10.5records check to the appropriate authority for the purpose of determining if the applicant
10.6is qualified to receive a license.
10.7 Sec. 12. REPEALER.
10.8Minnesota Statutes 2012, section 299A.28, is repealed.
