SB211 (2017) Detail

Establishing a statewide law enforcement data network.


SB 211-FN - AS INTRODUCED

 

 

2017 SESSION

17-0844

08/04

 

SENATE BILL 211-FN

 

AN ACT establishing a statewide law enforcement data network.

 

SPONSORS: Sen. D'Allesandro, Dist 20

 

COMMITTEE: Executive Departments and Administration

 

-----------------------------------------------------------------

 

ANALYSIS

 

This bill establishes a statewide law enforcement data network.

 

This bill also establishes the law enforcement data network.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0844

08/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT establishing a statewide law enforcement data network.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Chapter; Statewide Law Enforcement Data Network.  Amend RSA by inserting after chapter 106-K the following new chapter:

CHAPTER 106-L

StateWIDE LAW ENFORCEMENT DATA NETWORK

106-L:1  Purpose and Intent.  It is the purpose of this chapter to establish an efficient law enforcement data network for all law enforcement agencies in New Hampshire.  It is the intent of the legislature that the network be established and maintained in a condition sufficient for the needs of law enforcement.

106-L:2  Statewide Law Enforcement Data Network.

I.  The division of state police within the department of safety shall maintain the statewide law enforcement data network for the use of law enforcement agencies, or its successor.

II.  The use of the network shall be used exclusively for the informational needs of governmental criminal justice agencies.

106-L:3  Participation by other Law Enforcement Agencies.  The division may authorize other law enforcement agencies or criminal justice agencies to participate in the data network upon such terms and conditions as are necessary to protect the security of the network.

106-L:4  Fees from Users.  The division is authorized to charge service fees to users in order to reimburse the division for expenditures made on behalf of the other users.

106-L:5  Law Enforcement Data Network Fund.  There is established in the office of the state treasurer a nonlapsing fund to be known as the law enforcement data network fund to be administered by the commissioner of the department of safety, which shall be kept distinct and separate from all other funds.  All moneys in the law enforcement data network fund shall be continually appropriated to the commissioner of the department of safety pay the expenses of financing the acquisition, installation, enhancement, and maintenance equipment for the operation of the network, including additions, extensions, and improvements thereto.  All fees collected pursuant to this chapter shall be credited to the law enforcement data network fund.

106-L:6  Audit.  The division may audit state and local law enforcement and criminal justice agencies to ensure compliance with federal and state laws, as well as policies of the division which pertain to the law enforcement data network.

106-L:7  Termination of Service.  The division shall terminate service to the law enforcement data network if it determines there is a risk or violation of the security or privacy restriction imposed by state or federal statutes or delinquency in payment of assessed fees.

106-L:8  Release or Disclosure Unauthorized.  A person is guilty of a class A misdemeanor if the person:

I.  Knowingly accesses information or willfully obtains information from the law enforcement data network for an unauthorized purpose; or

II.  Knowingly releases or discloses information from the law enforcement data network to another person who lacks authority to receive the information.

2  New Subparagraph; Law Enforcement Data Network Fund.  Amend RSA 6:12, I(a) by inserting after subparagraph (333) the following new subparagraph:

(334)  Moneys deposited in the law enforcement data network fund established in RSA 106-L:5

3  Effective Date.

I.  RSA 106-L:4 and RSA 106-L:5 as inserted by section 1 of this act shall take effect January 1, 2019.

II.  The remainder of this act shall take effect January 1, 2018.

 

LBAO

17-0844

1/26/17

 

SB 211-FN- FISCAL NOTE

as introduced

 

AN ACT establishing a statewide law enforcement data network.

 

FISCAL IMPACT:      [ X ] State              [ X ] County               [ X ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2018

FY 2019

FY 2020

FY 2021

   Appropriation

$0

$0

$0

$0

   Revenue

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

   Expenditures

$0

$0

$0

$0

Funding Source:

  [ X ] General            [    ] Education            [ X ] Highway           [ X ] Turnpike and Law Enforcement Data Network Fund

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

 

 

 

 

LOCAL:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

METHODOLOGY:

This bill establishes a statewide law enforcement data network, maintained by the Department of Safety, Division of State Police, and provides an option for other law enforcement agencies to utilize the data network for a service fee which will be deposited into the Law Enforcement Data Network Fund to pay for expenses related to the operation of the data network.  The Department of Safety states a fee structure has yet to be developed; therefore, State revenues, county expenditures, and local expenditures would result in an indeterminable increase to the extent law enforcement agencies use the network.  The Department currently funds expenses related to the data network through the Division of State Police.  Service fees would replace this funding and the Department anticipates no impact on State expenditures.

 

AGENCIES CONTACTED:

Department of Safety

 

Links

SB211 at GenCourtMobile

Action Dates

Date Body Type
Feb. 8, 2017 Senate Hearing
Feb. 23, 2017 Senate Floor Vote

Bill Text Revisions

SB211 Revision: 1210 Date: Jan. 31, 2017, 11:08 a.m.

Docket

Date Status
Jan. 19, 2017 Introduced 01/19/2017 and Referred to Executive Departments and Administration; SJ 5
Feb. 8, 2017 Hearing: 02/08/2017, Room 101, LOB, 09:40 am; SC 9
Feb. 23, 2017 Committee Report: Inexpedient to Legislate, 02/23/2017; Vote 5-0; CC; SC 11
Feb. 23, 2017 Inexpedient to Legislate, MA, VV === BILL KILLED ===; 02/23/2017; SJ 7