HF 397

as introduced - 89th Legislature (2015 - 2016) Posted on 01/29/2015 01:44pm

A bill for an act
relating to data practices; modifying classifications related to certain legislative
and budget proposals created by the state administration; amending Minnesota
Statutes 2014, section 13.605, subdivision 1.

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

Section 1.

Minnesota Statutes 2014, section 13.605, subdivision 1, is amended to read:

Subdivision 1.

Legislative and budget proposal data.

(a) deleted text begin Definition. deleted text end As used in
this deleted text begin section, deleted text end new text begin subdivision, the following terms have the meanings given them: new text end

new text begin (1) new text end "state administration" means the governor's office, the Department of
Management and Budget, and any state agency that is under the direct control of the
governor deleted text begin . deleted text end new text begin or other state constitutional officer;
new text end

new text begin (2) "supporting data" means all data created, collected, maintained, or disseminated
by the state administration in crafting a policy or budget proposal, including agency
requests, provided that supporting data does not include preliminary drafts of a proposal;
and
new text end

new text begin (3) "legislative proposal" or "proposal" means a policy or budgetary proposal,
created by the state administration and approved by the governor or appropriate agency
head or commissioner, that may only be implemented by legislative enactment.
new text end

deleted text begin (b) Classifications. Legislative and budget proposals, including preliminary
drafts, that are created, collected, or maintained by the state administration are protected
nonpublic data. After the budget is presented to the legislature by the state administration,
supporting data, including agency requests, are public data. Supporting data do not
include preliminary drafts.
deleted text end

new text begin (b) Except as otherwise provided in this subdivision, a legislative proposal that is
created, collected, or maintained by the state administration is protected nonpublic data.
new text end

new text begin (c) After a legislative proposal is presented to a legislative committee by the
state administration, or introduced in the form of a bill by a member of the legislature,
supporting data on the proposal are public data. A legislative proposal, and any supporting
data on the proposal, not presented to a legislative committee or introduced in the form of
a bill become public 30 days following adjournment of the legislative session.
new text end

new text begin (d) new text end The state administration may disclose any of the data within the state
administration and to the public at any time if disclosure would aid the administration in
considering and preparing its proposals.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to
proposals created on or after that date.
new text end