Public safety radio account establishment provision, criminal justice data communications network fee increase provision, and appropriation

A bill for an act

relating to public safety; establishing the public safety radio account; increasing

the criminal justice data communications network fee; requiring a report;

appropriating money; amending Minnesota Statutes 2024, section 299C.46,

subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 403.

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

Section 1.

Minnesota Statutes 2024, 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

United States Code, title 5, section 9101;

(3) other agencies to the extent necessary to provide for protection of the public or

property in a declared 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
;

(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;

(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;

(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; and

(10) a coroner or medical examiner to identify a deceased person as required by section

390.25
.

(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
deleted text begin
shall

be a standard fee established
deleted text end
new text begin
is a fee of $100 per month
new text end
for each terminal, computer, or

other equipment directly addressable by the data communications network
deleted text begin
, as follows:

January 1, 1984 to December 31, 1984, $40 connect fee per month; January 1, 1985 and

thereafter, $50 connect fee per month
deleted text end
.
new text begin
Of this amount, the commissioner shall deposit $50

into the public safety radio account in the special revenue fund.
new text end

(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 state, or country for the secure exchange of information for any of the

purposes authorized in paragraph (a), clauses (1), (2), (3), (8) and (9).

(d) Prior to establishing a secure connection, a criminal justice agency that is not part

of the Minnesota judicial branch must:

(1) agree to comply with all applicable policies governing access to, submission of or

use of the data and Minnesota law governing the classification of the data;

(2) meet the bureau's security requirements;

(3) agree to pay any required fees; and

(4) conduct fingerprint-based state and national background checks on its employees

and contractors as required by the Federal Bureau of Investigation.

(e) Prior to establishing a secure connection, a criminal justice agency that is part of the

Minnesota judicial branch must:

(1) agree to comply with all applicable policies governing access to, submission of or

use of the data and Minnesota law governing the classification of the data to the extent

applicable and with the Rules of Public Access to Records of the Judicial Branch promulgated

by the Minnesota Supreme Court;

(2) meet the bureau's security requirements;

(3) agree to pay any required fees; and

(4) conduct fingerprint-based state and national background checks on its employees

and contractors as required by the Federal Bureau of Investigation.

(f) Prior to establishing a secure connection, a noncriminal justice agency must:

(1) agree to comply with all applicable policies governing access to, submission of or

use of the data and Minnesota law governing the classification of the data;

(2) meet the bureau's security requirements;

(3) agree to pay any required fees; and

(4) conduct fingerprint-based state and national background checks on its employees

and contractors.

(g) 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 (h) on 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 and on any

contractor with access to the results of a federal criminal history records check.

(h) The background check required by paragraph (f) or (g) 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.

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.

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.

Sec. 2.

new text begin

[403.111] PUBLIC SAFETY RADIO ACCOUNT.

new text end

new text begin

Subdivision 1.

new text end

new text begin

Account established.

new text end

new text begin

The public safety radio account is established in

the special revenue fund.

new text end

new text begin

Subd. 2.

new text end

new text begin

Source of funds.

new text end

new text begin

The account consists of money deposited in the account from

the fee imposed under section 299C.46, subdivision 3, and any interest or earnings of the

account.

new text end

new text begin

Subd. 3.

new text end

new text begin

Appropriation; statewide public safety radio communication system

equipment grants.

new text end

new text begin

Money in the public safety radio account is appropriated to the

commissioner for grants to local government units, federally recognized Tribal entities, and

state agencies participating in the statewide Allied Radio Matrix for Emergency Response

(ARMER) public safety radio communication system established under section 403.36,

subdivision 1e. The grants must be used to purchase or upgrade portable radios, mobile

radios, and related equipment that are interoperable with the ARMER system. Grants for

nonstate agencies are contingent upon a match of at least five percent from nonstate funds.

The director of the Department of Public Safety Emergency Communication Networks

Division, in consultation with the Statewide Emergency Communications Board, must

administer the grant program. Notwithstanding section 16B.98, subdivision 14, up to two

percent of the appropriation is available for grant administration.

new text end

new text begin

Subd. 4.

new text end

new text begin

Reporting.

new text end

new text begin

By January 15, 2027, and each year thereafter, the commissioner

must submit a report to the chairs and ranking minority members of the legislative committees

with jurisdiction over public safety policy and finance on the account established under

subdivision 1. The report must provide detailed information on the money deposited in the

account and grants awarded under subdivision 3.

new text end