HF 1404

1st Division Engrossment - 91st Legislature (2019 - 2020) Posted on 03/08/2019 04:15pm

A bill for an act
relating to data practices; establishing a Legislative Commission on Intelligence
and Technology; proposing coding for new law in Minnesota Statutes, chapter 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [3.8844] LEGISLATIVE COMMISSION ON INTELLIGENCE AND
TECHNOLOGY.
new text end

new text begin Subdivision 1. new text end

new text begin Established. new text end

new text begin The Legislative Commission on Intelligence and Technology
is created to study and make recommendations on issues relating to the effect of emerging
technology on privacy. The commission has investigatory and oversight jurisdiction over
government surveillance programs and technology, including subpoena power.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin The commission consists of four members of the senate, two
appointed by the majority leader and two appointed by the minority leader, and four members
of the house of representatives, two appointed by the speaker of the house and two appointed
by the minority leader. Each appointing authority must make appointments as soon as
possible after the beginning of the regular legislative session in an odd-numbered year. Each
member of the commission must take an oath, swearing to faithfully discharge the duties
of members of the commission in compliance with the laws governing the commission.
new text end

new text begin Subd. 3. new text end

new text begin Terms; vacancies. new text end

new text begin Commission member terms begin upon appointment and
end at the beginning of the regular legislative session in the next odd-numbered year. In the
case of a vacancy, the appropriate appointing authority must fill the vacancy for the remainder
of the unexpired term.
new text end

new text begin Subd. 4. new text end

new text begin Officers. new text end

new text begin The commission must elect a chair and vice-chair and may elect other
officers as the commission determines is necessary. The chair alternates between a member
of the senate and a member of the house of representatives in January of each odd-numbered
year.
new text end

new text begin Subd. 5. new text end

new text begin Staff. new text end

new text begin Legislative staff must provide administrative and research assistance to
the commission.
new text end

new text begin Subd. 6. new text end

new text begin Meetings; data. new text end

new text begin Notwithstanding any other laws or legislative rules to the
contrary, the commission may determine that a meeting shall not be open to the public.
Notwithstanding any contrary provision of chapter 13 or other law, the commission may
require a law enforcement official to disclose not public data to the commission, as the
commission determines is necessary for performance of the commission's duties. If data
provided to the commission is disseminated by the commission or its members or agents
in violation of section 13.05, subdivision 4, the commission is subject to liability under
section 13.08, subdivisions 1 and 3. Disclosure of not public data by a member of the
commission is grounds for an ethics complaint to the committee with jurisdiction over ethics
in the chamber in which the member serves.
new text end

new text begin Subd. 7. new text end

new text begin Subpoena power. new text end

new text begin The chair or vice-chair or a member of the commission
designated by the chair may issue subpoenas requiring the appearance of persons, production
of relevant records, and giving of relevant testimony on matters within the jurisdiction of
the commission. The person issuing the subpoena may request the issuance of an attachment
to compel the attendance of a witness who, having been duly subpoenaed to attend, fails to
do so. Section 3.153 applies to issuance of subpoenas under this section, except as otherwise
provided in this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
Appointing authorities must make initial appointments by June 1, 2019. The speaker of the
house must designate one member of the commission to convene the first meeting of the
commission by June 15, 2019.
new text end