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SF 86

Conference Committee Report - 89th Legislature (2015 - 2016) Posted on 05/17/2015 03:28pm

KEY: stricken = removed, old language.
underscored = added, new language.
1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 86
1.2A bill for an act
1.3relating to data practices; classifying data and providing procedures related
1.4to automated license plate readers and portable recording systems;amending
1.5Minnesota Statutes 2014, section 13.82, subdivision 15, by adding subdivisions;
1.6proposing coding for new law in Minnesota Statutes, chapter 626.
1.7May 17, 2015
1.8The Honorable Sandra L. Pappas
1.9President of the Senate
1.10The Honorable Kurt L. Daudt
1.11Speaker of the House of Representatives
1.12We, the undersigned conferees for S.F. No. 86 report that we have agreed upon the
1.13items in dispute and recommend as follows:
1.14That the House recede from its amendment and that S.F. No. 86 be further amended
1.15as follows:
1.16Delete everything after the enacting clause and insert:

1.17    "Section 1. Minnesota Statutes 2014, section 13.82, subdivision 2, is amended to read:
1.18    Subd. 2. Arrest data. The following data created or collected by law enforcement
1.19agencies which document any actions taken by them to cite, arrest, incarcerate or
1.20otherwise substantially deprive an adult individual of liberty shall be public at all times
1.21in the originating agency:
1.22(a) time, date and place of the action;
1.23(b) any resistance encountered by the agency;
1.24(c) any pursuit engaged in by the agency;
1.25(d) whether any weapons were used by the agency or other individual;
1.26(e) the charge, arrest or search warrants, or other legal basis for the action;
1.27(f) the identities of the agencies, units within the agencies and individual persons
1.28taking the action;
1.29(g) whether and where the individual is being held in custody or is being incarcerated
1.30by the agency;
2.1(h) the date, time and legal basis for any transfer of custody and the identity of the
2.2agency or person who received custody;
2.3(i) the date, time and legal basis for any release from custody or incarceration;
2.4(j) the name, age, sex and last known address of an adult person or the age and sex
2.5of any juvenile person cited, arrested, incarcerated or otherwise substantially deprived
2.6of liberty;
2.7(k) whether the agency employed an automated license plate reader, wiretaps or
2.8other eavesdropping techniques, unless the release of this specific data would jeopardize
2.9an ongoing investigation;
2.10(l) the manner in which the agencies received the information that led to the arrest
2.11and the names of individuals who supplied the information unless the identities of those
2.12individuals qualify for protection under subdivision 17; and
2.13(m) response or incident report number.

2.14    Sec. 2. Minnesota Statutes 2014, section 13.82, is amended by adding a subdivision to
2.15read:
2.16    Subd. 31. Use of surveillance technology. Notwithstanding subdivision 25
2.17and section 13.37, subdivision 2, the existence of all technology maintained by a
2.18law enforcement agency that may be used to electronically capture an audio, video,
2.19photographic, or other record of the activities of the general public, or of an individual
2.20or group of individuals, for purposes of conducting an investigation, responding to an
2.21incident or request for service, monitoring or maintaining public order and safety, or
2.22engaging in any other law enforcement function authorized by law is public data.

2.23    Sec. 3. [13.824] AUTOMATED LICENSE PLATE READERS.
2.24    Subdivision 1. Definition. As used in this section, "automated license plate reader"
2.25means an electronic device mounted on a law enforcement vehicle or positioned in a
2.26stationary location that is capable of recording data on, or taking a photograph of, a
2.27vehicle or its license plate and comparing the collected data and photographs to existing
2.28law enforcement databases for investigative purposes. Automated license plate reader
2.29includes a device that is owned or operated by a person who is not a government entity to
2.30the extent that data collected by the reader are shared with a law enforcement agency.
2.31    Subd. 2. Data collection; classification; use restrictions. (a) Data collected by an
2.32automated license plate reader must be limited to the following:
2.33    (1) license plate numbers;
2.34    (2) date, time, and location data on vehicles; and
3.1    (3) pictures of license plates, vehicles, and areas surrounding the vehicles.
3.2Collection of any data not authorized by this paragraph is prohibited.
3.3(b) All data collected by an automated license plate reader are private data on
3.4individuals or nonpublic data unless the data are public under section 13.82, subdivision 2,
3.53, or 6, or are active criminal investigative data under section 13.82, subdivision 7.
3.6(c) Data collected by an automated license plate reader may only be matched with
3.7data in the Minnesota license plate data file, provided that a law enforcement agency
3.8may use additional sources of data for matching if the additional data relate to an active
3.9criminal investigation. A central state repository of automated license plate reader data is
3.10prohibited unless explicitly authorized by law.
3.11(d) Automated license plate readers must not be used to monitor or track an individual
3.12who is the subject of an active criminal investigation unless authorized by a warrant, issued
3.13upon probable cause, or exigent circumstances justify the use without obtaining a warrant.
3.14    Subd. 3. Destruction of data required. (a) Notwithstanding section 138.17, and
3.15except as otherwise provided in this subdivision, data collected by an automated license
3.16plate reader that are not related to an active criminal investigation must be destroyed no
3.17later than 60 days from the date of collection.
3.18(b) Upon written request from an individual who is the subject of a pending criminal
3.19charge or complaint, along with the case or complaint number and a statement that the
3.20data may be used as exculpatory evidence, data otherwise subject to destruction under
3.21paragraph (a) must be preserved by the law enforcement agency until the criminal charge
3.22or complaint is resolved or dismissed.
3.23(c) Upon written request from a program participant under chapter 5B, automated
3.24license plate reader data related to the program participant must be destroyed at the
3.25time of collection or upon receipt of the request, whichever occurs later, unless the data
3.26are active criminal investigative data. The existence of a request submitted under this
3.27paragraph is private data on individuals.
3.28(d) Data that are inactive criminal investigative data are subject to destruction
3.29according to the retention schedule for the data established under section 138.17.
3.30    Subd. 4. Sharing among law enforcement agencies. (a) Automated license plate
3.31reader data that are not related to an active criminal investigation may only be shared
3.32with, or disseminated to, another law enforcement agency upon meeting the standards
3.33for requesting access to data as provided in subdivision 7.
3.34(b) If data collected by an automated license plate reader are shared with another law
3.35enforcement agency under this subdivision, the agency that receives the data must comply
3.36with all data classification, destruction, and security requirements of this section.
4.1(c) Automated license plate reader data that are not related to an active criminal
4.2investigation may not be shared with, disseminated to, sold to, or traded with any other
4.3individual or entity unless explicitly authorized by this subdivision or other law.
4.4    Subd. 5. Log of use required. (a) A law enforcement agency that installs or
4.5uses an automated license plate reader must maintain a public log of its use, including
4.6but not limited to:
4.7(1) specific times of day that the reader actively collected data;
4.8(2) the aggregate number of vehicles or license plates on which data are collected for
4.9each period of active use and a list of all state and federal databases with which the data
4.10were compared, unless the existence of the database itself is not public;
4.11(3) for each period of active use, the number of vehicles or license plates in each of
4.12the following categories where the data identify a vehicle or license plate that has been
4.13stolen, a warrant for the arrest of the owner of the vehicle or an owner with a suspended or
4.14revoked driver's license or similar category, or are active investigative data; and
4.15(4) for a reader at a stationary or fixed location, the location at which the reader
4.16actively collected data and is installed and used.
4.17(b) The law enforcement agency must maintain a list of the current and previous
4.18locations, including dates at those locations, of any fixed stationary automated license
4.19plate readers or other surveillance devices with automated license plate reader capability
4.20used by the agency. The agency's list must be accessible to the public, unless the agency
4.21determines that the data are security information as provided in section 13.37, subdivision
4.222. A determination that these data are security information is subject to in-camera judicial
4.23review as provided in section 13.08, subdivision 4.
4.24    Subd. 6. Biennial audit. (a) In addition to the log required under subdivision 5,
4.25the law enforcement agency must maintain records showing the date and time automated
4.26license plate reader data were collected and the applicable classification of the data. The
4.27law enforcement agency shall arrange for an independent, biennial audit of the records
4.28to determine whether data currently in the records are classified, how the data are used,
4.29whether they are destroyed as required under this section, and to verify compliance with
4.30subdivision 7. If the commissioner of administration believes that a law enforcement
4.31agency is not complying with this section or other applicable law, the commissioner may
4.32order a law enforcement agency to arrange for additional independent audits. Data in the
4.33records required under this paragraph are classified as provided in subdivision 2.
4.34(b) The results of the audit are public. The commissioner of administration shall
4.35review the results of the audit. If the commissioner determines that there is a pattern of
4.36substantial noncompliance with this section by the law enforcement agency, the agency
5.1must immediately suspend operation of all automated license plate reader devices until the
5.2commissioner has authorized the agency to reinstate their use. An order of suspension
5.3under this paragraph may be issued by the commissioner, upon review of the results of the
5.4audit, review of the applicable provisions of this chapter, and after providing the agency a
5.5reasonable opportunity to respond to the audit's findings.
5.6(c) A report summarizing the results of each audit must be provided to the
5.7commissioner of administration, to the chair and ranking minority members of the
5.8committees of the house of representatives and the senate with jurisdiction over data
5.9practices and public safety issues, and to the Legislative Commission on Data Practices
5.10and Personal Data Privacy no later than 30 days following completion of the audit.
5.11    Subd. 7. Authorization to access data. (a) A law enforcement agency must comply
5.12with sections 13.05, subdivision 5, and 13.055 in the operation of automated license plate
5.13readers, and in maintaining automated license plate reader data.
5.14(b) The responsible authority for a law enforcement agency must establish written
5.15procedures to ensure that law enforcement personnel have access to the data only if
5.16authorized in writing by the chief of police, sheriff, or head of the law enforcement agency,
5.17or their designee, to obtain access to data collected by an automated license plate reader
5.18for a legitimate, specified, and documented law enforcement purpose. Consistent with the
5.19requirements of paragraph (c), each access must be based on a reasonable suspicion that
5.20the data are pertinent to an active criminal investigation and must include a record of the
5.21factual basis for the access and any associated case number, complaint, or incident that is
5.22the basis for the access.
5.23(c) The ability of authorized individuals to enter, update, or access automated license
5.24plate reader data must be limited through the use of role-based access that corresponds
5.25to the official duties or training level of the individual and the statutory authorization
5.26that grants access for that purpose. All queries and responses, and all actions in which
5.27data are entered, updated, accessed, shared, or disseminated, must be recorded in a data
5.28audit trail. Data contained in the audit trail are public, to the extent that the data are
5.29not otherwise classified by law.
5.30    Subd. 8. Notification to Bureau of Criminal Apprehension. (a) Within ten days
5.31of the installation or current use of an automated license plate reader or the integration
5.32of automated license plate reader technology into another surveillance device, a law
5.33enforcement agency must notify the Bureau of Criminal Apprehension of that installation
5.34or use and of any fixed location of a stationary automated license plate reader.
5.35(b) The Bureau of Criminal Apprehension must maintain a list of law enforcement
5.36agencies using automated license plate readers or other surveillance devices with
6.1automated license plate reader capability, including locations of any fixed stationary
6.2automated license plate readers or other devices. Except to the extent that the law
6.3enforcement agency determines that the location of a specific reader or other device is
6.4security information, as defined in section 13.37, this list is accessible to the public and
6.5must be available on the bureau's Web site. A determination that the location of a reader
6.6or other device is security information is subject to in-camera judicial review, as provided
6.7in section 13.08, subdivision 4.
6.8EFFECTIVE DATE.This section is effective August 1, 2015. Data collected
6.9before the effective date of this section must be destroyed, if required by this section, no
6.10later than 15 days after the date this section becomes effective.

6.11    Sec. 4. [626.8472] AUTOMATED LICENSE PLATE READER POLICY.
6.12The chief law enforcement officer of every state and local law enforcement agency
6.13that maintains an automated license plate reader shall establish and enforce a written
6.14policy governing use of the reader. Use of an automated license plate reader without
6.15adoption of a written policy under this section is prohibited. At a minimum, the policies
6.16and procedures must incorporate the requirements of section 13.824, and the employee
6.17discipline standards for unauthorized access to data contained in section 13.09.
6.18EFFECTIVE DATE.This section is effective August 1, 2015, provided that chief
6.19law enforcement officers shall adopt the policy required under this section no later than
6.20January 15, 2016."
6.21Delete the title and insert:
6.22"A bill for an act
6.23relating to relating to data practices; classifying data related to automated license
6.24plate readers and requiring a governing policy; requiring a log of use; requiring
6.25data to be destroyed in certain circumstances; requiring a report;amending
6.26Minnesota Statutes 2014, section 13.82, subdivision 2, by adding a subdivision;
6.27proposing coding for new law in Minnesota Statutes, chapters 13; 626."
7.1
We request the adoption of this report and repassage of the bill.
7.2
Senate Conferees:
7.3
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7.4
Ron Latz
Susan Kent
7.5
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7.6
Dan D. Hall
7.7
House Conferees:
7.8
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7.9
Tony Cornish
Peggy Scott
7.10
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7.11
Dan Schoen