Bill Text: MN SF957 | 2013-2014 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Criminal justice data secure communications network access provisions modification; criminal history checks by law enforcement agencies with informed consent of county or city employment applicants authorization
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-05-19 - General Orders: Stricken and returned to author [SF957 Detail]
Download: Minnesota-2013-SF957-Introduced.html
Bill Title: Criminal justice data secure communications network access provisions modification; criminal history checks by law enforcement agencies with informed consent of county or city employment applicants authorization
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-05-19 - General Orders: Stricken and returned to author [SF957 Detail]
Download: Minnesota-2013-SF957-Introduced.html
1.2relating to public safety; authorizing access to secure communications network;
1.3providing minimum standards; clarifying use of network;amending Minnesota
1.4Statutes 2012, section 299C.46, subdivisions 1, 2, 2a, 3.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 299C.46, subdivision 1, is amended to read:
1.7 Subdivision 1. Establishment; interconnection. The commissioner of public safety
1.8shall establish a criminal justice data communications networkwhich that will enable the
1.9interconnection of the criminal justice agencies within the state provide secure access to
1.10systems and services available from or through the Bureau of Criminal Apprehension. The
1.11commissioner of public safety is authorized to lease or purchase facilities and equipment
1.12as may be necessary to establish and maintain the data communications network.
1.13 Sec. 2. Minnesota Statutes 2012, section 299C.46, subdivision 2, is amended to read:
1.14 Subd. 2. Criminal justice agency defined. For the purposes of sections299C.46
1.15to299C.49 , "criminal justice agency" means an agency of the state or an agency of a
1.16political subdivision or the federal government charged with detection, enforcement,
1.17prosecution, adjudication or incarceration in respect to the criminal or traffic laws of this
1.18state. This definition also includes all sites identified and licensed as a detention facility
1.19by the commissioner of corrections under section241.021 and federal agencies that serve
1.20part or all of the state from an office located outside the state.
1.21 Sec. 3. Minnesota Statutes 2012, section 299C.46, subdivision 2a, is amended to read:
2.1 Subd. 2a. Noncriminal justice agency defined. For the purposes of sections
2.2299C.46
to
299C.49 , "noncriminal justice agency" means an agency of a the state or an
2.3agency of a political subdivision of a the state charged with the responsibility of performing
2.4checks of state databases connected to the criminal justice data communications network.
2.5 Sec. 4. Minnesota Statutes 2012, section 299C.46, subdivision 3, is amended to read:
2.6 Subd. 3. Authorized use, fee. (a) The criminal justice data communications
2.7network shall be used exclusively by:
2.8(1) criminal justice agencies in connection with the performance of duties required
2.9by law;
2.10(2) agencies investigating federal security clearances of individuals for assignment
2.11or retention in federal employment with duties related to national security, as required by
2.12Public Law 99-169 United States Code, title 5, section 9101;
2.13(3) other agencies to the extent necessary to provide for protection of the public or
2.14property inan a declared emergency or disaster situation;
2.15(4) noncriminal justice agencies statutorily mandated, by state or national law, to
2.16conduct checks into state databases prior to disbursing licenses or providing benefits;
2.17(5) the public authority responsible for child support enforcement in connection
2.18with the performance of its duties;
2.19(6) the public defender, as provided in section611.272 ; and
2.20(7) a county attorney or the attorney general, as the county attorney's designee, for
2.21the purpose of determining whether a petition for the civil commitment of a proposed
2.22patient as a sexual psychopathic personality or as a sexually dangerous person should be
2.23filed, and during the pendency of the commitment proceedings.;
2.24(8) an agency of the state or a political subdivision whose access to systems or
2.25services provided from or through the bureau is specifically authorized by federal statute
2.26or regulation or state statute; and
2.27(9) a court for access to data as authorized by state statute or federal law and related
2.28to the disposition of a pending case.
2.29(b) The commissioner of public safety shall establish a monthly network access
2.30charge to be paid by each participating criminal justice agency. The network access
2.31charge shall be a standard fee established for each terminal, computer, or other equipment
2.32directly addressable by the data communications network, as follows: January 1, 1984
2.33to December 31, 1984, $40 connect fee per month; January 1, 1985 and thereafter, $50
2.34connect fee per month.
3.1(c) The commissioner of public safety is authorized to arrange for the connection
3.2of the data communications network with the criminal justice information system of
3.3the federal government, anyadjacent state, or Canada country for the secure exchange
3.4of information for any of the purposes authorized in paragraph (a), clauses (1), (2), (3),
3.5(8), and (9).
3.6(d) Prior to establishing a secure connection, a criminal justice agency must:
3.7(1) agree to comply with all applicable policies governing access to, submission of,
3.8or use of the data;
3.9(2) meet the bureau's security requirements;
3.10(3) agree to pay any required fees; and
3.11(4) conduct fingerprint-based background checks on the agency's employees and
3.12contractors as required by the Federal Bureau of Investigation.
3.13(e) Prior to establishing a secure connection, a noncriminal justice agency must:
3.14(1) agree to comply with all applicable policies governing access to, submission of,
3.15or use of the data;
3.16(2) meet the bureau's security requirements;
3.17(3) agree to pay any required fees; and
3.18(4) conduct fingerprint-based background checks on the agency's employees and
3.19contractors.
3.20(f) The noncriminal justice agency shall conduct the background check required
3.21under paragraph (e) by submitting a request to the superintendent of the bureau that
3.22includes a signed, written consent for the Minnesota criminal history check, fingerprints,
3.23and a money order or check payable to the Bureau of Criminal Apprehension to cover
3.24the cost of conducting the background check. The superintendent shall conduct the
3.25background check by retrieving criminal history data as defined in section 13.87. The
3.26noncriminal justice agency shall review the criminal history of each of its employees
3.27and contractors with the CJIS Systems Officer at the bureau or the officer's designee to
3.28determine if the employee or contractor qualifies for access to the secure network. The
3.29CJIS Systems Officer or the officer's designee shall make the access determination based
3.30on FBI policy and bureau policy.
1.3providing minimum standards; clarifying use of network;amending Minnesota
1.4Statutes 2012, section 299C.46, subdivisions 1, 2, 2a, 3.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 299C.46, subdivision 1, is amended to read:
1.7 Subdivision 1. Establishment
1.8shall establish a criminal justice data communications network
1.9
1.10systems and services available from or through the Bureau of Criminal Apprehension. The
1.11commissioner of public safety is authorized to lease or purchase facilities and equipment
1.12as may be necessary to establish and maintain the data communications network.
1.13 Sec. 2. Minnesota Statutes 2012, section 299C.46, subdivision 2, is amended to read:
1.14 Subd. 2. Criminal justice agency defined. For the purposes of sections
1.15to
1.16political subdivision or the federal government charged with detection, enforcement,
1.17prosecution, adjudication or incarceration in respect to the criminal or traffic laws of this
1.18state. This definition also includes all sites identified and licensed as a detention facility
1.19by the commissioner of corrections under section
1.20part or all of the state from an office located outside the state.
1.21 Sec. 3. Minnesota Statutes 2012, section 299C.46, subdivision 2a, is amended to read:
2.1 Subd. 2a. Noncriminal justice agency defined. For the purposes of sections
2.3
2.4checks of state databases connected to the criminal justice data communications network.
2.5 Sec. 4. Minnesota Statutes 2012, section 299C.46, subdivision 3, is amended to read:
2.6 Subd. 3. Authorized use, fee. (a) The criminal justice data communications
2.7network shall be used exclusively by:
2.8(1) criminal justice agencies in connection with the performance of duties required
2.9by law;
2.10(2) agencies investigating federal security clearances of individuals for assignment
2.11or retention in federal employment with duties related to national security, as required by
2.12
2.13(3) other agencies to the extent necessary to provide for protection of the public or
2.14property in
2.15(4) noncriminal justice agencies statutorily mandated, by state or national law, to
2.16conduct checks into state databases prior to disbursing licenses or providing benefits;
2.17(5) the public authority responsible for child support enforcement in connection
2.18with the performance of its duties;
2.19(6) the public defender, as provided in section
2.20(7) a county attorney or the attorney general, as the county attorney's designee, for
2.21the purpose of determining whether a petition for the civil commitment of a proposed
2.22patient as a sexual psychopathic personality or as a sexually dangerous person should be
2.23filed, and during the pendency of the commitment proceedings
2.24(8) an agency of the state or a political subdivision whose access to systems or
2.25services provided from or through the bureau is specifically authorized by federal statute
2.26or regulation or state statute; and
2.27(9) a court for access to data as authorized by state statute or federal law and related
2.28to the disposition of a pending case.
2.29(b) The commissioner of public safety shall establish a monthly network access
2.30charge to be paid by each participating criminal justice agency. The network access
2.31charge shall be a standard fee established for each terminal, computer, or other equipment
2.32directly addressable by the data communications network, as follows: January 1, 1984
2.33to December 31, 1984, $40 connect fee per month; January 1, 1985 and thereafter, $50
2.34connect fee per month.
3.1(c) The commissioner of public safety is authorized to arrange for the connection
3.2of the data communications network with the criminal justice information system of
3.3the federal government, any
3.4of information for any of the purposes authorized in paragraph (a), clauses (1), (2), (3),
3.5(8), and (9).
3.6(d) Prior to establishing a secure connection, a criminal justice agency must:
3.7(1) agree to comply with all applicable policies governing access to, submission of,
3.8or use of the data;
3.9(2) meet the bureau's security requirements;
3.10(3) agree to pay any required fees; and
3.11(4) conduct fingerprint-based background checks on the agency's employees and
3.12contractors as required by the Federal Bureau of Investigation.
3.13(e) Prior to establishing a secure connection, a noncriminal justice agency must:
3.14(1) agree to comply with all applicable policies governing access to, submission of,
3.15or use of the data;
3.16(2) meet the bureau's security requirements;
3.17(3) agree to pay any required fees; and
3.18(4) conduct fingerprint-based background checks on the agency's employees and
3.19contractors.
3.20(f) The noncriminal justice agency shall conduct the background check required
3.21under paragraph (e) by submitting a request to the superintendent of the bureau that
3.22includes a signed, written consent for the Minnesota criminal history check, fingerprints,
3.23and a money order or check payable to the Bureau of Criminal Apprehension to cover
3.24the cost of conducting the background check. The superintendent shall conduct the
3.25background check by retrieving criminal history data as defined in section 13.87. The
3.26noncriminal justice agency shall review the criminal history of each of its employees
3.27and contractors with the CJIS Systems Officer at the bureau or the officer's designee to
3.28determine if the employee or contractor qualifies for access to the secure network. The
3.29CJIS Systems Officer or the officer's designee shall make the access determination based
3.30on FBI policy and bureau policy.
