HF 3454

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/04/2024 09:12pm

A bill for an act
relating to the military; modifying the definition of criminal justice agencies;
modifying data that the adjutant general may request from other agencies;
modifying powers of the adjutant general; authorizing the adjutant general to
establish a referral bonus program; modifying the crime of unauthorized presence
at military installations; amending Minnesota Statutes 2022, sections 13.02,
subdivision 3a; 13.785; 190.16, subdivisions 3, 6a; 192.25; 192.501, by adding a
subdivision; 192.67; 609.396.

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

Section 1.

Minnesota Statutes 2022, section 13.02, subdivision 3a, is amended to read:

Subd. 3a.

Criminal justice agencies.

"Criminal justice agencies" means all state and
local prosecution authorities, all state and local law enforcement agencies, the Sentencing
Guidelines Commission, the Bureau of Criminal Apprehension, the Department of
Corrections, new text begin the Minnesota National Guard, new text end and all probation officers who are not part of
the judiciary.

Sec. 2.

Minnesota Statutes 2022, section 13.785, is amended to read:

13.785 VETERANS new text begin OR MILITARY AFFAIRS new text end DATA CODED ELSEWHERE.

Subdivision 1.

Scope.

The sections referred to in this section are codified outside this
chapter. Those sections classify veterans new text begin or military affairs new text end data as other than public, place
restrictions on access to government data, or involve data sharing.

Subd. 2.

Department of Veterans Affairs.

(a) Certain veterans benefits and military
certificates of discharge. Access to military certificates of discharge and to files pertaining
to claims for certain veterans benefits is governed by section 196.08.

(b) Environmental Hazards Information and Assistance Act. Disclosure of summary
data and of the identity of a veteran about whom information is received under sections
196.19 to 196.26, is governed by section 196.25.

Subd. 3.

Veterans rewards and privileges; service officers.

Data maintained by county
veterans service officers are classified under section 197.603.

Subd. 4.

Deceased veterans data.

Data relating to veterans deceased as a result of
service-connected causes are classified under section 197.225.

Subd. 5.

Veterans stable housing.

Data maintained for purposes of the veterans stable
housing initiative is classified under section 196.081.

new text begin Subd. 6. new text end

new text begin Service member data; disclosure to adjutant general. new text end

new text begin Access to data on a
service member of the military forces by the adjutant general of the Minnesota National
Guard is governed by section 192.67, subdivision 2.
new text end

Sec. 3.

Minnesota Statutes 2022, section 190.16, subdivision 3, is amended to read:

Subd. 3.

Contracts; agreements.

deleted text begin When prescribed or required by the laws of the United
States and any rules or regulations made thereunder, and deleted text end Notwithstanding any state law to
the contrary, the adjutant general shall be the contracting new text begin authority and new text end officer for any
construction, improvement or maintenance program or project new text begin , or any other program or
project new text end financed either in whole or in part by moneys made available by the federal
government and may execute agreements and contracts for and in behalf of the state therefor,
including a dedication of the primary use and purpose of such buildings, air bases, roads,
utilities or other structures or facilities required in the training, housing, and maintenance
of the military forces of the state for periods up to and including 25 years.

Sec. 4.

Minnesota Statutes 2022, section 190.16, subdivision 6a, is amended to read:

Subd. 6a.

Rental of deleted text begin Camp Ripley deleted text end new text begin military new text end facilities.

The adjutant general or the adjutant
general's designee may rent buildings or other facilities deleted text begin at Camp Ripley deleted text end new text begin of the Minnesota
National Guard new text end to persons under terms and conditions specified by the adjutant general or
designee. Subject to any prohibitions or restrictions in any agreement between the United
States and the state of Minnesota, proceeds of rentals under this subdivision must be applied
as follows:

(1) payment of increased utilities, maintenance, or other costs directly attributable to
the rental;

(2) other operating and maintenance or repair costs for the building or facility being
rented; and

(3) maintenance and improvement of buildings or other facilities at Camp Ripley.

Rentals under this subdivision must be made under terms and conditions that do not conflict
with the use of deleted text begin Camp Ripley deleted text end new text begin the facilities new text end for military purposes.

Sec. 5.

Minnesota Statutes 2022, section 192.25, is amended to read:

192.25 EXEMPTION FROM PROCESS new text begin ; TRANSFER TO CIVIL AUTHORITIES new text end .

new text begin Subdivision 1. new text end

new text begin Exemption from process. new text end

No member of the guard shall be arrested, or
served with any summons, order, warrant or other civil process after having been ordered
to any duty or while going to, attending or returning from any place to which the member
is required to go for military duty; but nothing herein shall prevent an arrest by order of a
military officer or for a felony or breach of the peace committed while not in the actual
performance of assigned duties. The articles of equipment personally owned by such members
shall be exempt from seizure or sale for debt.

new text begin Subd. 2. new text end

new text begin Transfer to civil authorities. new text end

new text begin When probable cause exists that a criminal
offense, other than a crime designated as a purely military offense in section 192A.021, has
been committed by any officer or enlisted member of the military forces while on duty
status other than federal duty, the officer or enlisted member may be turned over by superior
officers to the proper civil authorities of the county or municipality in which the offense
occurred for adjudication of such crime, to include imposition of pretrial restraint, but trial
and punishment by the civil authorities shall not preclude trial and additional punishment
or dismissal from the service by court-martial for any military offense resulting from the
commission of said crime.
new text end

Sec. 6.

Minnesota Statutes 2022, section 192.501, is amended by adding a subdivision to
read:

new text begin Subd. 1e. new text end

new text begin Referral bonus program. new text end

new text begin (a) The adjutant general may establish a program
to provide a bonus for referrals leading to enlistment in or commissioning into the Minnesota
National Guard.
new text end

new text begin (b) The adjutant general may determine eligibility criteria for the bonus. The adjutant
general must specify all criteria for the bonus in regulations and publish changes as necessary.
new text end

new text begin (c) The referral bonus payments must be made on a schedule that is determined and
published in department regulations by the adjutant general.
new text end

new text begin (d) If the adjutant general determines that a referral bonus was paid to an individual who
was ineligible, the adjutant general may seek to recoup the bonus.
new text end

new text begin (e) If the adjutant general implements a referral bonus program, the adjutant general
must:
new text end

new text begin (1) notify the legislative committees with jurisdiction over the Minnesota National Guard;
new text end

new text begin (2) develop internal controls for the referral bonus program aimed at preventing fraud,
waste, and abuse of government resources, and publish these internal controls in regulation;
new text end

new text begin (3) by January 16 each year, submit regulations developed under this subdivision to the
legislative committees with jurisdiction over the Minnesota National Guard; and
new text end

new text begin (4) maintain an accurate record of the recipients and benefits paid under this subdivision
and summarize this information in the agency performance report, including information
regarding the rank and unit locations of bonus recipients.
new text end

Sec. 7.

Minnesota Statutes 2022, section 192.67, is amended to read:

192.67 deleted text begin OFFENDERS; TRANSFER TO CIVIL AUTHORITIES; deleted text end SERVICE
MEMBER DATA.

deleted text begin Subdivision 1. deleted text end

deleted text begin Transfer to civil authorities. deleted text end

deleted text begin When any criminal offense is committed
by any officer or enlisted member of the military forces while on duty status other than
federal duty, the officer or enlisted member shall be turned over by superior officers to the
proper civil authorities of the county or municipality in which the offense occurred for
punishment for such crime, but such trial and punishment by the civil authorities shall not
preclude trial and additional punishment or dismissal from the service by court-martial for
any military offense resulting from the commission of said crime.
deleted text end

Subd. 2.

Service member data.

Notwithstanding any provision of chapter 13 or other
state law, all new text begin confidential data on individuals and private data on individuals, as defined by
section 13.02, subdivisions 3 and 12, pertaining to any service member of the military forces
and maintained by any government entity, including but not limited to new text end investigative reports
and law enforcement data deleted text begin , including but not limited to all data deleted text end collected and defined under
section 13.82 deleted text begin pertaining to any service member of the military forces deleted text end , must be made
accessible to the adjutant general of the Minnesota National Guard upon request of the
Office of the State Judge Advocate. All information, data, and records obtained under this
subdivision may be accessed, copied, transmitted, or provided to the adjutant general without
a court order or request from the subject of the data when the matter involves any officer
or enlisted member of the military forces. deleted text begin The adjutant general may only use data made
accessible under this subdivision in support of military justice and Minnesota National
Guard administrative and disciplinary actions.
deleted text end

Sec. 8.

Minnesota Statutes 2022, section 609.396, is amended to read:

609.396 UNAUTHORIZED PRESENCE deleted text begin AT CAMP RIPLEY deleted text end new text begin ON MILITARY
INSTALLATIONS new text end .

Subdivision 1.

Misdemeanor.

A person is guilty of a misdemeanor if the person
intentionally and without new text begin the new text end authorization of the adjutant general new text begin or a duly appointed
commander in accordance with federal regulations new text end enters or is present on deleted text begin the Camp Ripley
Military Reservation deleted text end new text begin or in any campground, any military reservation, any armory, any
installation, or any facility owned or controlled by the state or federal government for
military purposes new text end .

Subd. 2.

Felony.

A person is guilty of a felony and may be sentenced to not more than
five years imprisonment or to payment of a fine of not more than $10,000, or both, if deleted text begin :
deleted text end

deleted text begin (1) deleted text end the person intentionally enters or is present in an area deleted text begin at the Camp Ripley Military
Reservation deleted text end that is posted by order of the adjutant general as restricted for weapon firing
or other hazardous military activity deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (2) the person knows that doing so creates a risk of death, bodily harm, or serious property
damage.
deleted text end