HF 4295

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/14/2022 03:10pm

A bill for an act
relating to data practices; requiring the commissioner of information technology
services to establish a central statewide repository for portable recording system
data; requiring the state auditor to conduct a biennial audit; appropriating money;
amending Minnesota Statutes 2021 Supplement, section 13.825, subdivision 9.

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

Section 1.

Minnesota Statutes 2021 Supplement, section 13.825, subdivision 9, is amended
to read:

Subd. 9.

new text begin Central statewide repository; new text end biennial audit.

(a) new text begin The commissioner of
information technology services shall establish a central state repository for the collection,
maintenance, use, access, and dissemination of portable recording system data for use by
law enforcement agencies. The commissioner must establish systems and protocols that
limit access to only the law enforcement agency that submitted the original portable recording
system data. The law enforcement agency must collaborate with the commissioner to comply
with this section, including retention and destruction of the data. new text end A law enforcement agency
must maintain new text begin all portable recording system data, including all new text end records showing the date
and time portable recording system data were collected and the applicable classification of
the data new text begin , in the central electronic system established by the commissioner new text end . deleted text begin The law
enforcement agency shall arrange for an independent, deleted text end new text begin The state auditor shall conduct a new text end
biennial audit of the data new text begin maintained in the central repository new text end to determine whether data are
appropriately classified according to this section, how the data are used, and whether the
data are destroyed as required under this section, and to verify compliance with subdivisions
7 and 8. deleted text begin If the governing body with jurisdiction over the budget of the agency determines
that the agency is not complying with this section or other applicable law, the governing
body may order additional independent audits. Data in the records required under this
paragraph are classified as provided in subdivision 2. deleted text end new text begin The results of the audit are public,
except for data that are otherwise classified under law.
new text end

(b) deleted text begin The results of the audit are public, except for data that are otherwise classified under
law. deleted text end new text begin If the governing body with jurisdiction over the budget of the law enforcement agency
determines that the agency is not complying with this section or other applicable law, the
governing body may order an independent audit. Data in the records required under this
paragraph are classified as provided in subdivision 2. new text end The governing body with jurisdiction
over the budget of the law enforcement agency shall review the results of the audit new text begin by the
state auditor and an independent audit, if ordered new text end . If the governing body determines that
there is a pattern of substantial noncompliance with this section, the governing body must
order that operation of all portable recording systems be suspended until the governing body
has authorized the agency to reinstate their use. An order of suspension under this paragraph
may only be made following review of the results of the audit and review of the applicable
provisions of this chapter, and after providing the agency and members of the public a
reasonable opportunity to respond to the audit's findings in a public meeting.

(c) new text begin The state auditor shall submit new text end a report summarizing the results of each audit deleted text begin must
be provided to the governing body with jurisdiction over the budget of the law enforcement
agency, deleted text end to the Legislative Commission on Data Practices and Personal Data Privacy, and
to the chairs and ranking minority members of the committees of the house of representatives
and the senate with jurisdiction over data practices and public safety issues no later than 60
days following completion of the audit.

Sec. 2. new text begin APPROPRIATION; MNIT.
new text end

new text begin $....... in fiscal year 2023 is appropriated from the general fund to the commissioner of
information technology services for establishing and administering the central repository
for portable recording system data storage and maintenance pursuant to Minnesota Statutes,
section 13.825, subdivision 9. This appropriation does not cancel and is available until June
30, 2025.
new text end