SF 957

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 05/20/2013 10:06am

A bill for an act
relating to public safety; authorizing and modifying access to secure
communications network; providing minimum standards; clarifying use of
network; amending Minnesota Statutes 2012, sections 299C.11, subdivision 1; 299C.46, subdivisions 1, 2, 2a, 3; 299F.035, subdivisions 1, 2; 299F.77; 340A.301, subdivision 2; 340A.402; proposing coding for new law in Minnesota Statutes, chapter 299C; repealing Minnesota Statutes 2012, section 299A.28.

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

Section 1.

Minnesota Statutes 2012, section 299C.11, subdivision 1, is amended to read:

Subdivision 1.

Identification data other than DNA.

(a) Each sheriff and chief of
police shall furnish the bureau, upon such form as the superintendent shall prescribe, with
such finger and thumb prints, photographs, distinctive physical mark identification data,
information on known aliases and street names, and other identification data as may be
requested or required by the superintendent of the bureau, which must be taken under the
provisions of section 299C.10. In addition, sheriffs and chiefs of police shall furnish this
identification data to the bureau for individuals found to have been convicted of a felony,
gross misdemeanor, or targeted misdemeanor, within the ten years immediately preceding
their arrest. When the bureau learns that an individual who is the subject of a background
check has used, or is using, identifying information, including, but not limited to, name
and date of birth, other than those listed on the criminal history, the bureau may add the
new identifying information to the criminal history when supported by fingerprints.

(b) No petition under chapter 609A is required if the person has not been convicted
of any felony or gross misdemeanor, either within or without the state, within the period
of ten years immediately preceding the determination of all pending criminal actions or
proceedings in favor of the arrested person, and either of the following occurred:

(1) all charges were dismissed prior to a determination of probable cause; or

(2) the prosecuting authority declined to file any charges and a grand jury did not
return an indictment.

Where these conditions are met, the bureau or agency shall, upon demand, deleted text begin return to
deleted text end new text begin destroy new text end the arrested person finger and thumb prints, photographs, distinctive physical mark
identification data, information on known aliases and street names, and other identification
data, and all copies and duplicates of them.

(c) Except as otherwise provided in paragraph (b), upon the determination of all
pending criminal actions or proceedings in favor of the arrested person, and the granting
of the petition of the arrested person under chapter 609A, the bureau shall seal finger and
thumb prints, photographs, distinctive physical mark identification data, information on
known aliases and street names, and other identification data, and all copies and duplicates
of them if the arrested person has not been convicted of any felony or gross misdemeanor,
either within or without the state, within the period of ten years immediately preceding
such determination.

Sec. 2.

Minnesota Statutes 2012, section 299C.46, subdivision 1, is amended to read:

Subdivision 1.

Establishment deleted text begin ; interconnection deleted text end .

The commissioner of public safety
shall establish a criminal justice data communications network deleted text begin which deleted text end new text begin that new text end will deleted text begin enable the
interconnection of the criminal justice agencies within the state deleted text end new text begin provide secure access to
systems and services available from or through the Bureau of Criminal Apprehension new text end . The
commissioner of public safety is authorized to lease or purchase facilities and equipment
as may be necessary to establish and maintain the data communications network.

Sec. 3.

Minnesota Statutes 2012, section 299C.46, subdivision 2, is amended to read:

Subd. 2.

Criminal justice agency defined.

For the purposes of sections 299C.46
to 299C.49, "criminal justice agency" means an agency of the state or deleted text begin an agency of deleted text end a
political subdivision new text begin or the federal government new text end charged with detection, enforcement,
prosecution, adjudication or incarceration in respect to the criminal or traffic laws of this
state. This definition also includes all sites identified and licensed as a detention facility
by the commissioner of corrections under section 241.021 new text begin and those federal agencies that
serve part or all of the state from an office located outside the state new text end .

Sec. 4.

Minnesota Statutes 2012, section 299C.46, subdivision 2a, is amended to read:

Subd. 2a.

Noncriminal justice agency defined.

For the purposes of sections
299C.46 to 299C.49, "noncriminal justice agency" means an agency of deleted text begin a deleted text end new text begin the new text end state or deleted text begin an
agency of deleted text end a political subdivision of deleted text begin a deleted text end new text begin the new text end state charged with the responsibility of performing
checks of state databases connected to the criminal justice data communications network.

Sec. 5.

Minnesota Statutes 2012, section 299C.46, subdivision 3, is amended to read:

Subd. 3.

Authorized use, fee.

(a) The criminal justice data communications
network shall be used exclusively by:

(1) criminal justice agencies in connection with the performance of duties required
by law;

(2) agencies investigating federal security clearances of individuals for assignment
or retention in federal employment with duties related to national security, as required by
deleted text begin Public Law 99-169 deleted text end new text begin United States Code, title 5, section 9101 new text end ;

(3) other agencies to the extent necessary to provide for protection of the public or
property in deleted text begin an deleted text end new text begin a declared new text end emergency or disaster situation;

(4) noncriminal justice agencies statutorily mandated, by state or national law, to
conduct checks into state databases prior to disbursing licenses or providing benefits;

(5) the public authority responsible for child support enforcement in connection
with the performance of its duties;

(6) the public defender, as provided in section 611.272; deleted text begin and
deleted text end

(7) a county attorney or the attorney general, as the county attorney's designee, for
the purpose of determining whether a petition for the civil commitment of a proposed
patient as a sexual psychopathic personality or as a sexually dangerous person should be
filed, and during the pendency of the commitment proceedings new text begin ;
new text end

new text begin (8) an agency of the state or a political subdivision whose access to systems or
services provided from or through the bureau is specifically authorized by federal law
or regulation or state statute; and
new text end

new text begin (9) a court for access to data as authorized by federal law or regulation or state
statute and related to the disposition of a pending case new text end .

(b) The commissioner of public safety shall establish a monthly network access
charge to be paid by each participating criminal justice agency. The network access
charge shall be a standard fee established for each terminal, computer, or other equipment
directly addressable by the data communications network, as follows: January 1, 1984
to December 31, 1984, $40 connect fee per month; January 1, 1985 and thereafter, $50
connect fee per month.

(c) The commissioner of public safety is authorized to arrange for the connection
of the data communications network with the criminal justice information system of
the federal government, any deleted text begin adjacent deleted text end state, or deleted text begin Canada deleted text end new text begin country for the secure exchange
of information for any of the purposes authorized in paragraph (a), clauses (1), (2), (3),
(8) and (9) new text end .

new text begin (d) Prior to establishing a secure connection, a criminal justice agency must:
new text end

new text begin (1) agree to comply with all applicable policies governing access to, submission of
or use of the data;
new text end

new text begin (2) meet the bureau's security requirements;
new text end

new text begin (3) agree to pay any required fees; and
new text end

new text begin (4) conduct fingerprint-based state and national background checks on their
employees and contractors as required by the Federal Bureau of Investigation.
new text end

new text begin (e) Prior to establishing a secure connection, a noncriminal justice agency must:
new text end

new text begin (1) agree to comply with all applicable policies governing access to, submission of
or use of the data;
new text end

new text begin (2) meet the bureau's security requirements;
new text end

new text begin (3) agree to pay any required fees; and
new text end

new text begin (4) conduct fingerprint-based state and national background checks on their
employees and contractors.
new text end

new text begin (f) Those noncriminal justice agencies that do not have a secure network connection
yet receive data either retrieved over the secure network by an authorized criminal justice
agency or as a result of a state or federal criminal history records check shall conduct a
background check as provided in paragraph (g) of those individuals who receive and
review the data to determine another individual's eligibility for employment, housing, a
license, or another legal right dependent on a statutorily-mandated background check.
new text end

new text begin (g) The background check required by paragraph (e) or (f) is accomplished by
submitting a request to the superintendent of the Bureau of Criminal Apprehension
that includes a signed, written consent for the Minnesota and national criminal history
records check, fingerprints, and the required fee. The superintendent may exchange
the fingerprints with the Federal Bureau of Investigation for purposes of obtaining the
individual's national criminal history record information.
new text end

new text begin The superintendent shall return the results of the national criminal history records check to
the noncriminal justice agency to determine if the individual is qualified to have access to
state and federal criminal history record information or the secure network. An individual
is disqualified when the state and federal criminal history record information show any of
the disqualifiers that the individual will apply to the records of others.
new text end

new text begin When the individual is to have access to the secure network, the noncriminal justice
agency shall review the criminal history of each employee or contractor with the Criminal
Justice Information Services systems officer at the bureau, or the officer's designee, to
determine if the employee or contractor qualifies for access to the secure network. The
Criminal Justice Information Services systems officer or the designee shall make the
access determination based on Federal Bureau of Investigation policy and Bureau of
Criminal Apprehension policy.
new text end

Sec. 6.

new text begin [299C.72] MINNESOTA CRIMINAL HISTORY CHECKS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section the following terms have
the meaning given.
new text end

new text begin (a) "Applicant for employment" means an individual who seeks either county or city
employment or has applied to serve as a volunteer in the county or city.
new text end

new text begin (b) "Applicant for licensure" means the individual seeks a license issued by the
county or city which is not subject to a federal- or state-mandated background check.
new text end

new text begin (c) "Authorized law enforcement agency" means the county sheriff for checks
conducted for county purposes, the police department for checks conducted for city
purposes, or the county sheriff for checks conducted for city purposes where there is no
police department.
new text end

new text begin (d) "Criminal history check" means retrieval of criminal history data via the secure
network described in section 299C.46.
new text end

new text begin (e) "Criminal history data" means adult convictions and adult open arrests less than
one year old found in the Minnesota computerized criminal history repository.
new text end

new text begin (f) "Informed consent" has the meaning given in section 13.05, subdivision 4,
paragraph (d).
new text end

new text begin Subd. 2. new text end

new text begin Criminal history check authorized. new text end

new text begin (a) The criminal history check
authorized by this section shall not be used in place of a statutorily-mandated or authorized
background check.
new text end

new text begin (b) An authorized law enforcement agency may conduct a criminal history check
of an individual who is an applicant for employment or applicant for licensure. Prior
to conducting the criminal history check, the authorized law enforcement agency must
receive the informed consent of the individual.
new text end

new text begin (c) The authorized law enforcement agency shall not disseminate criminal history
data and must maintain it securely with the agency's office. The authorized law enforcement
agency can indicate whether the applicant for employment or applicant for licensure has a
criminal history that would prevent hire, acceptance as a volunteer to a hiring authority, or
would prevent the issuance of a license to the department that issues the license.
new text end

Sec. 7.

Minnesota Statutes 2012, section 299F.035, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) The definitions in this subdivision apply to this
section.

(b) " new text begin Minnesota new text end criminal history deleted text begin data deleted text end " deleted text begin has the meaning given in section 13.87 deleted text end new text begin means
adult convictions and juvenile adjudications new text end .

(c) deleted text begin "Criminal justice agency" has the meaning given in section 299C.46, subdivision
2.
deleted text end

deleted text begin (d) deleted text end "Fire department" has the meaning given in section 299N.01, subdivision 2.

deleted text begin (e) deleted text end new text begin (d) new text end "Private data" has the meaning given in section 13.02, subdivision 12.

Sec. 8.

Minnesota Statutes 2012, section 299F.035, subdivision 2, is amended to read:

Subd. 2.

Plan for access to data.

(a) deleted text begin The superintendent of the Bureau of Criminal
Apprehension, in consultation with the state fire marshal, shall develop and implement
a plan for fire departments to have access to criminal history data deleted text end new text begin A background check
must be conducted on all applicants for employment and may be conducted on current
employees at a fire department. The fire chief must conduct a Minnesota criminal history
record check. For applicants for employment who have lived in Minnesota for less than
five years, or on the request of the fire chief, a national criminal history record check
must also be conducted new text end .

deleted text begin (b) The plan must include:
deleted text end

deleted text begin (1) security procedures to prevent unauthorized use or disclosure of private data; and
deleted text end

deleted text begin (2) a procedure for the hiring or employing authority in each fire department to
fingerprint job applicants or employees, submit requests to the Bureau of Criminal
Apprehension, and obtain state and federal criminal history data reports for a nominal fee.
deleted text end

new text begin (b) For a Minnesota criminal history record check, the fire chief must either (i)
submit the signed informed consent of the applicant or employee and the required fee
to the superintendent, or (ii) submit the signed informed consent to the chief of police.
The superintendent or chief of police must retrieve Minnesota criminal history data and
provide it to the fire chief for review.
new text end

new text begin (c) For a national criminal history record check, the fire chief must submit the
signed informed consent and fingerprints of the applicant or employee, and the required
fee to the superintendent. The superintendent may exchange the fingerprints with the
Federal Bureau of Investigation to obtain the individual's national criminal history record
information. The superintendent must return the results of the national criminal history
record check to the fire chief for the purpose of determining if the applicant is qualified to
be employed or if a current employee is able to retain the employee's position.
new text end

Sec. 9.

Minnesota Statutes 2012, section 299F.77, is amended to read:

299F.77 ISSUANCE TO CERTAIN PERSONS PROHIBITED.

new text begin Subdivision 1. new text end

new text begin Disqualifiers. new text end

The following persons shall not be entitled to receive
an explosives license or permit:

(1) a person under the age of 18 years;

(2) a person who has been convicted in this state or elsewhere of a crime of violence,
as defined in section 299F.72, subdivision 1b, unless ten years have elapsed since the
person's civil rights have been restored or the sentence has expired, whichever occurs first,
and during that time the person has not been convicted of any other crime of violence. For
purposes of this section, crime of violence includes crimes in other states or jurisdictions
that would have been crimes of violence if they had been committed in this state;

(3) a person who is or has ever been confined or committed in Minnesota or
elsewhere as a person who is mentally ill, developmentally disabled, or mentally ill and
dangerous to the public, as defined in section 253B.02, to a treatment facility, unless the
person possesses a certificate of a medical doctor or psychiatrist licensed in Minnesota, or
other satisfactory proof, that the person is no longer suffering from this disability;

(4) a person who has been convicted in Minnesota or elsewhere for the unlawful
use, possession, or sale of a controlled substance other than conviction for possession of
a small amount of marijuana, as defined in section 152.01, subdivision 16, or who is or
has ever been hospitalized or committed for treatment for the habitual use of a controlled
substance or marijuana, as defined in sections 152.01 and 152.02, unless the person
possesses a certificate of a medical doctor or psychiatrist licensed in Minnesota, or other
satisfactory proof, that the person has not abused a controlled substance or marijuana
during the previous two years; and

(5) a person who has been confined or committed to a treatment facility in Minnesota
or elsewhere as chemically dependent, as defined in section 253B.02, unless the person
has completed treatment.

new text begin Subd. 2. new text end

new text begin Background check. new text end

new text begin (a) For licenses issued by the commissioner under
section 299F.73, the applicant for licensure must provide the commissioner with all of
the information required by Code of Federal Regulations, title 28, section 25.7. The
commissioner shall forward the information to the superintendent of the Bureau of
Criminal Apprehension so that criminal records, histories and warrant information on the
applicant can be retrieved from the Minnesota Crime Information System and the National
Instant Criminal Background Check System as well as the civil commitment records
maintained by the Department of Human Services. The results must be returned to the
commissioner to determine if the individual applicant is qualified to receive a license.
new text end

new text begin (b) For permits issued by a county sheriff or chief of police under section 299F.75,
the applicant for a permit must provide the county sheriff or chief of police with all of
the information required by Code of Federal Regulations, title 28, section 25.7. The
county sheriff or chief of police must check, by means of electronic data transfer, criminal
records, histories and warrant information on each applicant through the Minnesota Crime
Information System and the National Instant Criminal Background Check System as well
as the civil commitment records maintained by the Department of Human Services. The
county sheriff or chief of police shall use the results of the query to determine if the
individual applicant is qualified to receive a permit.
new text end

Sec. 10.

Minnesota Statutes 2012, section 340A.301, subdivision 2, is amended to read:

Subd. 2.

Persons eligible.

new text begin (a) new text end Licenses under this section may be issued only to
a person who:

(1) is of good moral character and repute;

(2) is 21 years of age or older;

(3) has not had a license issued under this chapter revoked within five years of the
date of license application, or to any person who at the time of the violation owns any
interest, whether as a holder of more than five percent of the capital stock of a corporation
licensee, as a partner or otherwise, in the premises or in the business conducted thereon,
or to a corporation, partnership, association, enterprise, business, or firm in which any
such person is in any manner interested; and

(4) has not been convicted within five years of the date of license application of a
felony, or of a willful violation of a federal or state law, or local ordinance governing
the manufacture, sale, distribution, or possession for sale or distribution of alcoholic
beverages. The Alcohol and Gambling Enforcement Division may require that fingerprints
be taken and may forward the fingerprints to the Federal Bureau of Investigation for
purposes of a criminal history check.

new text begin (b) In order to determine if an individual has a felony or willful violation of federal
or state law governing the manufacture, sale, distribution, or possession for sale or
distribution of an alcoholic beverage, the applicant for a license to manufacture or sell
at wholesale must provide the commissioner with their signed, written informed consent
to conduct a background check. The commissioner may query the Minnesota criminal
history repository for records on the applicant. If the commissioner conducts a national
criminal history record check, the commissioner must obtain fingerprints from the
applicant and forward them and the required fee to the superintendent of the Bureau
of Criminal Apprehension. The superintendent may exchange the fingerprints with the
Federal Bureau of Investigation for purposes of obtaining the applicant's national criminal
history record information. The superintendent shall return the results of the national
criminal history records check to the commissioner for the purpose of determining if the
applicant is qualified to receive a license.
new text end

Sec. 11.

Minnesota Statutes 2012, section 340A.402, is amended to read:

340A.402 PERSONS ELIGIBLE.

new text begin Subdivision 1. new text end

new text begin Disqualifiers. new text end

No retail license may be issued to:

(1) a person under 21 years of age;

(2) a person who has had an intoxicating liquor or 3.2 percent malt liquor license
revoked within five years of the license application, or to any person who at the time of
the violation owns any interest, whether as a holder of more than five percent of the capital
stock of a corporation licensee, as a partner or otherwise, in the premises or in the business
conducted thereon, or to a corporation, partnership, association, enterprise, business, or
firm in which any such person is in any manner interested;

(3) a person not of good moral character and repute; or

(4) a person who has a direct or indirect interest in a manufacturer, brewer, or
wholesaler.

In addition, no new retail license may be issued to, and the governing body of a
municipality may refuse to renew the license of, a person who, within five years of the
license application, has been convicted of a felony or a willful violation of a federal or
state law or local ordinance governing the manufacture, sale, distribution, or possession
for sale or distribution of an alcoholic beverage. The Alcohol and Gambling Enforcement
Division or licensing authority may require that fingerprints be taken and forwarded to the
Federal Bureau of Investigation for purposes of a criminal history check.

new text begin Subd. 2. new text end

new text begin Background check. new text end

new text begin (a) A retail liquor license may be issued by a city,
a county, or the commissioner. The chief of police is responsible for the background
checks prior to a city issuing a retail liquor license. A county sheriff is responsible for the
background checks prior to the county issuing a retail liquor license and for those cities
that do not have a police department. The commissioner is responsible for the background
checks prior to the state issuing a retail liquor license.
new text end

new text begin (b) The applicant for a retail license must provide the appropriate authority with
their signed, written informed consent to conduct a background check. The appropriate
authority is authorized to query the Minnesota criminal history repository for records
on the applicant. If the appropriate authority conducts a national criminal history
record check, the appropriate authority must obtain fingerprints from the applicant and
forward them and the required fee to the superintendent of the Bureau of Criminal
Apprehension. The superintendent may exchange the fingerprints with the Federal Bureau
of Investigation for purposes of obtaining the applicant's national criminal history record
information. The superintendent shall return the results of the national criminal history
records check to the appropriate authority for the purpose of determining if the applicant
is qualified to receive a license.
new text end

Sec. 12. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 299A.28, new text end new text begin is repealed.
new text end