Minnesota Legislature
HF 1208
as introduced - 90th Legislature (2017 - 2018) Posted on 02/15/2017 11:34am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/14/2017 |
Current Version - as introduced
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A bill for an act
relating to state government; changing authority for conducting law enforcement
license plate reader biennial audits; amending Minnesota Statutes 2016, section
13.824, subdivision 6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2016, section 13.824, subdivision 6, is amended to read:
Subd. 6.
Biennial audit.
(a) In addition to the log required under subdivision 5, the law
enforcement agency must maintain records showing the date and time automated license
plate reader data were collected and the applicable classification of the data. The law
enforcement agency shall arrange for an independent, biennial audit of the records to
determine whether data currently in the records are classified, how the data are used, whether
they are destroyed as required under this section, and to verify compliance with subdivision
7. If the deleted text begin commissioner of administrationdeleted text end new text begin governing body or state agency head with
jurisdiction over the budget of the agencynew text end believes that a law enforcement agency is not
complying with this section or other applicable law, the deleted text begin commissionerdeleted text end new text begin governing body or
state agency headnew text end may order a law enforcement agency to arrange for additional independent
audits. Data in the records required under this paragraph are classified as provided in
subdivision 2.
(b) The results of the audit are public. The deleted text begin commissioner of administrationdeleted text end new text begin governing
body or state agency head with jurisdiction over the budget of the agencynew text end shall review the
results of the audit. If the deleted text begin commissionerdeleted text end new text begin governing body or state agency headnew text end determines
that there is a pattern of substantial noncompliance with this section by the law enforcement
agency, the agency must immediately suspend operation of all automated license plate
reader devices until the deleted text begin commissionerdeleted text end new text begin governing body or state agency headnew text end has authorized
the agency to reinstate their use. An order of suspension under this paragraph may be issued
by the deleted text begin commissionerdeleted text end new text begin governing body or state agency headnew text end , upon review of the results of
the audit, review of the applicable provisions of this chapter, and after providing the agency
a reasonable opportunity to respond to the audit's findings.
(c) A report summarizing the results of each audit must be provided to new text begin the governing
body or state agency head with jurisdiction over the budget of the agency, new text end the commissioner
of administration, to the chair and ranking minority members of the committees of the house
of representatives and the senate with jurisdiction over data practices and public safety
issues, and to the Legislative Commission on Data Practices and Personal Data Privacy no
later than 30 days following completion of the audit.