HF 857

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 02/27/2018 12:06pm

A bill for an act
relating to corrections; ensuring inmate case planning information is private;
classifying certain data related to small business certification program; directing
the Legislative Commission on Data Practices and Personal Data Privacy to study
and recommend options for expanding public access to legislative records and
meetings; amending Minnesota Statutes 2016, sections 13.15, subdivision 1; 13.591,
by adding a subdivision; 241.065, subdivisions 2, 3.

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

ARTICLE 1

CORRECTIONS DATA

Section 1.

Minnesota Statutes 2016, section 241.065, subdivision 2, is amended to read:

Subd. 2.

Establishment.

The Department of Corrections shall administer and maintain
a computerized data system for the purpose of assisting criminal justice agencies new text begin in
conducting official duties and new text end in monitoring and enforcing the conditions of conditional
release imposed on criminal offenders by a sentencing court or the commissioner of
corrections.

new text begin Subd. 2a. new text end

new text begin Statewide supervision system access. new text end

new text begin (a) new text end The adult data and juvenile data as
defined in section 260B.171 in the statewide supervision system are private data as defined
in section 13.02, subdivision 12, deleted text begin but deleted text end new text begin and new text end are accessible to new text begin :
new text end

new text begin (1) new text end criminal justice agencies as defined in section 13.02, subdivision 3a deleted text begin , to deleted text end new text begin ;
new text end

new text begin (2) new text end the Minnesota sex offender program as provided in section 246B.04, subdivision 3 deleted text begin ,
to deleted text end new text begin ;
new text end

new text begin (3) new text end public defenders as provided in section 611.272 deleted text begin , to deleted text end new text begin ;
new text end

new text begin (4) new text end all trial courts and appellate courts deleted text begin , deleted text end new text begin ; new text end and deleted text begin to
deleted text end

new text begin (5) new text end criminal justice agencies in other states deleted text begin in the conduct of their official duties deleted text end .

new text begin (b) new text end Adult data in the statewide supervision system are accessible to the secretary of state
for the purposes described in section 201.157.

new text begin Subd. 2b. new text end

new text begin Case planning access. new text end

new text begin Case planning data in the statewide supervision system
are private data as defined in section 13.02, subdivision 12, and are accessible to state prison
facility staff, correction staff in community corrections act counties and county probation
counties, and Department of Corrections field services staff for monitoring and enforcing
conditions as described in subdivision 2.
new text end

Sec. 2.

Minnesota Statutes 2016, section 241.065, subdivision 3, is amended to read:

Subd. 3.

Authority to enter or retrieve data.

Only criminal justice agencies may submit
data to the statewide supervision system and only persons who are authorized users under
subdivision 2 may obtain data from the system. The commissioner of corrections may require
that any or all information be submitted to the statewide supervision system. A consent to
the release of data in the statewide supervision system from the individual who is the subject
of the data is not effective. new text begin According to subdivision 2b, a finalized case plan can be provided
to community service providers for the purposes under subdivision 2.
new text end

ARTICLE 2

ELECTRONIC ACCESS DATA

Section 1.

Minnesota Statutes 2016, section 13.15, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

As used in this section, the following terms have the meanings
given.

(a) "Electronic access data" means data created, collected, or maintained about deleted text begin a person's deleted text end
access to a government entity's computer new text begin by a person, other than the government entity's
employee or independent contractor, new text end for the purpose of:

(1) gaining access to data or information;

(2) transferring data or information; or

(3) using government services.

(b) "Cookie" means any data that a government-operated computer electronically places
on the computer of a person who has gained access to a government computer.

ARTICLE 3

BUSINESS DATA

Section 1.

Minnesota Statutes 2016, section 13.591, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Small business certification program data. new text end

new text begin Subdivisions 1 and 2 apply to
financial information about a business submitted to a government entity as part of the
business' application for certification as a small, small minority-owned, small woman-owned,
or veteran-owned business, or for certification under sections 16C.16 to 16C.21.
new text end

ARTICLE 4

STUDY BY LEGISLATIVE COMMISSION

Section 1. new text begin EXPANDED PUBLIC ACCESS TO LEGISLATIVE RECORDS AND
MEETINGS; STUDY AND RECOMMENDATIONS.
new text end

new text begin (a) No later than December 15, 2017, the Legislative Commission on Data Practices and
Personal Data Privacy must study and recommend options for expanding public access to
legislative records and meetings. The recommendations must facilitate increased public
access, participation, and accountability in the legislative process, while also preserving the
rights and duties of the legislature and its members to function as a constitutional coequal
branch of government.
new text end

new text begin (b) The study and recommendations should consider:
new text end

new text begin (1) current laws, rules, and customs and practices of the legislature that provide public
access to legislative records and meetings;
new text end

new text begin (2) the experiences of other state legislatures in providing public access to their records
and meetings;
new text end

new text begin (3) the potential benefits and risks to the legislative process in expanded public access
to records and meetings;
new text end

new text begin (4) the potential benefits and risks to constituents and other individual members of the
public in expanded access to legislative records and meetings; and
new text end

new text begin (5) impacts on the administrative operations of the legislature in implementing any
recommended change, including the potential for increased costs or staffing needs.
new text end