An act to create and enact a new section to chapter 54-12 of the North Dakota Century Code, relating to the collection of data on missing persons and the missing indigenous people task force; to amend and reenact section, the official text

Sixty-ninth Legislative Assembly of North Dakota In Regular Session Commencing Tuesday, January 7, 2025
HOUSE BILL NO. 1199 (Representatives Holle, Davis, Finley-DeVille, Brown, Frelich, Grueneich, Porter)
(Senators Braunberger, Cory, Patten, Marcellais)
AN ACT to create and enact a new section to chapter 54-12 of the North Dakota Century Code, relating to the collection of data on missing persons and the missing indigenous people task force; to amend and reenact section 54-12-34 of the North Dakota Century Code, relating to the criminal justice data information sharing system; to provide for a legislative management report; to provide an appropriation; to provide a continuing appropriation; to provide for a transfer; to provide an expiration date; and to declare an emergency.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA: SECTION 1. AMENDMENT. Section 54-12-34 of the North Dakota Century Code is amended and
reenacted as follows: 54-12-34. Criminal justice data information sharing system. 1. The attorney general shall maintain a criminal justice data information sharing system within the bureau of criminal investigation for the exchange of criminal justice data information by judicial, law enforcement, and emergency services agencies, and the department of transportation. Only an authorized individual employed by a criminal justice agency as defined in section 12-60-16.1, the department of transportation, a state court, or the department of emergency services or any other individual approved by the attorney general or the attorney general's designee may access the system. For access to the criminal justice data information sharing system, an individual shall undergo a criminal history background check, including a fingerprint check, and meet eligibility access criteria in accordance with the rules adopted under this section. 2. The criminal justice data information sharing system may be accessed only in accordance with rules adopted under this section. Any law enforcement record in the possession of the attorney general through the criminal justice data information sharing system is an exempt record. Criminal justice data information about an offense committed by a child if the offense has not been transferred under section 27-20.4-21 to another court having jurisdiction of the offense and information about a child victim or witness is confidential. 3. The attorney general shall provide staff to maintain the criminal justice data information system and provide administrative support for the advisory board. 4. A criminal justice information advisory board must be appointed, consisting of: a. The chief justice of the supreme court or the chief justice's designee. b. The director of the department of emergency services or the director's designee. c. The director of the department of corrections and rehabilitation or the director's designee. d. The superintendent of the state highway patrol or the superintendent's designee. e. The chief of the bureau of criminal investigation, who is the chairman of the advisory board. f. The chief information officer of the state or the chief information officer's designee.

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g. The director of the department of transportation or the director's designee. h. A representative of a city police department, appointed by the attorney general from a list
of two or more nominees from the North Dakota chiefs of police association. i. A representative of a county sheriff's office, appointed by the attorney general from a list
of two or more nominees from the North Dakota sheriffs and deputies association. j. A state's attorney, appointed by the attorney general from a list of two or more nominees
from the North Dakota state's attorney's association. k. A city government representative, appointed by the attorney general from a list of two or
more nominees from the league of cities. l. A county government representative, appointed by the attorney general from a list of two
or more nominees from the association of counties. 5. Advisory board members who are not permanent full-time state employees are entitled to
compensation of seventy-five dollars per day and mileage and expenses as provided by law for state employees. With the exception of the chief of the bureau of criminal investigation, advisory board members appointed under this section serve staggered three-year terms. 6. The attorney general, after consultation with the advisory board, shall adopt rules to establish eligibility for access to the criminal justice data information sharing system; to implement the collection, storage, and sharing of criminal justice information and the systems necessary to perform those functions; and to address the operation of the advisory board. 7. The attorney general shall implement a missing person repository for authorized users to enter missing person information in accordance with rules established by the bureau of criminal investigation. Missing person information, including demographic data related to indigenous people, which is entered by an authorized user or made available to an authorized user by a federally recognized tribe in this state must be included in the repository. Records under this subsection are exempt records that may be disclosed only in accordance with bureau of criminal investigation rules. SECTION 2. A new section to chapter 54-12 of the North Dakota Century Code is created and enacted as follows: Missing indigenous people task force - Membership - Duties - Collection of data on missing persons - Continuing appropriation - Legislative management report. 1. There is created a missing indigenous people task force. The attorney general, or the attorney general's designee, shall serve as the chairman of the task force and the attorney general's office shall provide staff services for the task force. 2. The task force shall meet at least once each quarter. 3. The task force membership must include the following members: a. The superintendent of public instruction, or the superintendent's designee; b. The chief of the bureau of criminal investigation, or the chief's designee; c. The executive director of the Indian affairs commission, or the executive director's
designee; d. The superintendent of the state highway patrol, or the superintendent's designee;

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e. A representative from each of the federally recognized Indian nations, tribes, or bands in this state, appointed by the attorney general from a list of two or more nominees from the chairman of each tribe;
f. Two members of the house of representatives, one appointed by the majority leader of the house of representatives and one appointed by the minority leader of the house of representatives; and
g. Two members of the senate, one appointed by the majority leader of the senate and one appointed by the minority leader of the senate.
4. While respecting the government-to-government relationship between the state and each tribe, the primary duties of the task force are to: a. Identify jurisdictional barriers between federal, state, local, and tribal law enforcement and community agencies; b. Identify causes that contribute to missing and murdered indigenous people and make recommendations to federally recognized tribes in the state to reduce cases of missing and murdered indigenous people; c. Identify strategies to improve interagency communication, cooperation, and collaboration to remove jurisdictional barriers and increase reporting and investigation of missing indigenous people; d. Administer the missing indigenous people grant fund; and e. Consult with the United States department of justice office of tribal justice to invite a federal liaison or representative for consultation on the federal Savanna's Act [Pub. L. 116-165; 134 Stat. 760; 25 U.S.C. 5701 et seq.].
5. The task force shall submit a report of its activities, findings, and any recommendations to the legislative management by August first of each year. The report must include: a. The number of indigenous individuals reported missing in the missing person repository; b. The number of indigenous individuals recovered as a result of the missing person repository; c. The number of indigenous individuals recovered as a result of the missing indigenous people grant fund; d. The number of missing indigenous individuals searched for and recovered; e. The number of missing indigenous individuals entries into the missing person repository by year; f. An analysis by year of the characteristics of missing indigenous people, including age, gender, child protective services involvement status, foster case status, duration of time missing, and estimated related cause; g. The number of actively missing indigenous people by year; h. A description of the activities and progress related to improving interagency communication, cooperation, and collaboration and removing interjurisdictional barriers; and i. Any other information the task force finds relevant to the task force's mission.

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6. The task force may make recommendations to federal, state, and local agencies in carrying out the task force's duties.
7. Money in the missing indigenous people grant fund is appropriated on a continuing basis to the task force for the purpose of supporting the efforts of a federally recognized Indian nation, tribe, or band in this state, to identify, report, and find missing indigenous people. The director of the office of management and budget shall transfer any funds remaining in the missing indigenous people grant fund after July 31, 2035, to the general fund.
8. The attorney general shall implement a missing person repository for authorized users to enter missing person information in accordance with rules established by the bureau of criminal investigation. Missing person information, including demographic data related to indigenous people, which is entered by an authorized user or made available to an authorized user by a federally recognized tribe in this state must be included in the repository. Records under this subsection are exempt records that may be disclosed only in accordance with bureau of criminal investigation rules.
SECTION 3. APPROPRIATION - TRANSFER - MISSING INDIGENOUS PEOPLE GRANT PROGRAM FUND. There is appropriated out of any moneys in the general fund in the state treasury, not otherwise appropriated, the sum of $250,000, or so much of the sum as may be necessary, which the office of management and budget shall transfer to the missing indigenous people grant fund for the purpose of supporting the efforts of a federally recognized Indian nation, tribe, or band in this state, to identify, report, and find missing indigenous people, for the biennium beginning July 1, 2025, and ending June 30, 2027.
SECTION 4. EXPIRATION DATE. Sections 1 and 2 of this Act are effective through July 31, 2035, and after that date are ineffective.
SECTION 5. EMERGENCY. This Act is declared to be an emergency measure.

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____________________________ Speaker of the House

____________________________ President of the Senate

____________________________ Chief Clerk of the House

____________________________ Secretary of the Senate

This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative Assembly of North Dakota and is known on the records of that body as House Bill No. 1199 and that two-thirds of the members-elect of the House of Representatives voted in favor of said law.

Vote:

Yeas 91

Nays 1

Absent 2

____________________________ Speaker of the House

____________________________ Chief Clerk of the House

This certifies that two-thirds of the members-elect of the Senate voted in favor of said law.

Vote:

Yeas 46

Nays 1

Absent 0

____________________________ President of the Senate

____________________________ Secretary of the Senate

Received by the Governor at ________M. on _____________________________________, 2025. Approved at ________M. on __________________________________________________, 2025.

____________________________ Governor
Filed in this office this ___________day of _______________________________________, 2025, at ________ o’clock ________M.

____________________________ Secretary of State