1. The attorney general shall establish a human trafficking commission, comprised of designees from state, local, and tribal agencies which have contact with victims or perpetrators, nongovernmental organizations that represent or work with victims, and other organizations and individuals, including victims, whose expertise would benefit the commission. In addition to the attorney general designees, the commission must include: a. A legislator from the majority party, appointed by the chairman of the legislative management; b. A legislator from the minority party, appointed by the chairman of the legislative management; c. An individual from the department of health and human services child and family services division, appointed by the commissioner of the department of health and human services; d. An individual representing a rural school district, appointed by the superintendent of public instruction; e. An individual representing one of the state's largest ten school districts, appointed by the superintendent of public instruction; f. An individual representing tribal nations, appointed by the North Dakota united tribes tribal chairman's association; g. An individual from the North Dakota state's attorneys' association, appointed by the executive director of the North Dakota state's attorneys' association; and h. An individual from the governor's office, appointed by the governor. 2. The attorney general or the attorney general's designee shall serve as the presiding officer of the commission. 3. The commission shall: a. Collect and evaluate data on human trafficking in this state and submit an annual report to the attorney general, governor, and legislative assembly; b. Promote awareness and provide information to education personnel and the general public about human trafficking, victim remedies and services, and trafficking prevention; c. Promote training on human trafficking prevention and victim services for state and local employees and members of regulated occupations and professions who may have recurring contact with victims or perpetrators; d. Promote training on human trafficking investigation and prosecution and on missing and murdered indigenous people with the North Dakota state's attorney's association, the North Dakota peace officers standards and training board, and state and local law enforcement agencies; e. Present annually regarding human trafficking awareness and prevention at professional development conferences directed toward teachers, administrators, and support staff which are hosted by educational organizations in this state or by the department of public instruction;
f. Facilitate annual prevention and awareness education for students on human trafficking and exploitation, in accordance with section 15.1-09-61; and g. Conduct other appropriate activities.
54-12-33.1. Human trafficking prevention training - Exemptions - Immunity - Continuing appropriation. 1. As used in this section: a. "Human trafficking" means human trafficking as defined in chapter 12.1-41. b. "Human trafficking commission" means the commission established under section 54-12-33. c. "Lodging establishment" means any hotel, motel, resort, building, or structure that is used to provide sleeping accommodations to transient guests. d. "Proprietor" means the person in charge of a lodging establishment and includes an owner, lessee, and manager. e. "Regulated occupation or profession" includes a profession regulated by the education standards and practices board, an occupation or profession regulated under title 43, and an attorney licensed to practice law in this state. 2. The human trafficking commission shall establish an educational training program with a focus on the accurate and prompt identification and reporting of, or response to, suspected human trafficking. To the extent possible, the human trafficking commission shall allow the use of existing training modules and materials. The training must include: a. Human trafficking awareness; b. How to recognize potential victims of human trafficking; c. How to identify activities commonly associated with human trafficking; and d. Effective responses to human trafficking situations, including how to report suspected human trafficking to law enforcement. 3. A proprietor may: a. Provide each onsite employee with the training described in subsection 2. b. In an employee roster or in each employee's personnel file, annually certify each employee has received the training approved by the human trafficking commission. c. Conduct an ongoing awareness campaign for employees which addresses the information described in subsection 2. 4. A proprietor may post and maintain a poster approved and provided by the human trafficking commission which contains the information described in subsection 2. The poster must include the contact information for an organization that provides assistance and support services to human trafficking victims. The poster may be visibly displayed at the lodging establishment's check-in area, lobby, or transient guest services. 5. An entity that regulates an occupation or profession may accept the training described in subsection 2 for continuing education credit. 6. A proprietor or employee of a lodging establishment or a member of a regulated occupation or profession who acts in good faith is immune from liability in any civil action for reporting suspected human trafficking activities but a member of a regulated occupation or profession may be subject to disciplinary action for the reporting if the reporting violates an applicable ethics regulation imposed by the member's regulated occupation or profession. 7. The human trafficking commission may seek, apply for, accept, and receive any donation, gift, grant, or bequest offered or tendered from public or private sources for the purpose of furthering the objectives of the human trafficking prevention training and incentivizing proprietors and members of a regulated occupation or profession to participate in the human trafficking prevention training. All moneys received or accepted under this subsection are appropriated on a continuing basis to the human trafficking commission.
54-12-34. Criminal justice data information sharing system. (Effective through July 31, 2035) 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. 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. Criminal justice data information sharing system. (Effective after July 31, 2035)
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. 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.