SF 3723

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/16/2022 10:45am

A bill for an act
relating to data practices; requiring the commissioner of information technology
services to establish a state 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 State repository; new text end biennial audit.

(a) new text begin The commissioner of information
technology services shall establish a state repository for the collection, maintenance, use,
access, and dissemination of portable recording system data for use by law enforcement
agencies. The commissioner of information technology services must 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 of information technology
services 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 state repository established by the commissioner of
information technology services 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
state 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; INFORMATION TECHNOLOGY SERVICES.
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 state 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