HF 1606

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to data practices; authorizing the issuance 
  1.3             of advisory opinions regarding overly burdensome 
  1.4             requests for public data; clarifying provisions 
  1.5             relating to security information and applicant data; 
  1.6             amending Minnesota Statutes 2000, sections 13.072, 
  1.7             subdivision 1; 13.37, subdivision 1; 13.43, 
  1.8             subdivision 3. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2000, section 13.072, 
  1.11  subdivision 1, is amended to read: 
  1.12     Subdivision 1.  [OPINION; WHEN REQUIRED PERMITTED; 
  1.13  PROCEDURE.] (a) Upon request of a state agency, statewide 
  1.14  system, or political subdivision, the commissioner may give a 
  1.15  written opinion on any question relating to public access to 
  1.16  government data, rights of subjects of data, or classification 
  1.17  of data under this chapter or other Minnesota statutes governing 
  1.18  government data practices.  The commissioner may also give a 
  1.19  written opinion to a government entity regarding whether the 
  1.20  government entity need not respond in whole or in part to a 
  1.21  request for public data because the request is overly 
  1.22  burdensome.  A request may be overly burdensome if a reasonable 
  1.23  person, considering the facts and circumstances, would conclude 
  1.24  that the request will require the government entity to incur 
  1.25  substantial costs with little benefit to the public.  Upon 
  1.26  request of any person who disagrees with a determination 
  1.27  regarding data practices made by a state agency, statewide 
  2.1   system, or political subdivision, the commissioner may give a 
  2.2   written opinion regarding the person's rights as a subject of 
  2.3   government data or right to have access to government data.  
  2.4      (b) If the commissioner determines that no opinion will be 
  2.5   issued, the commissioner shall give the state agency, statewide 
  2.6   system, political subdivision, or person requesting the opinion 
  2.7   notice of the decision not to issue the opinion within five days 
  2.8   of receipt of the request.  If this notice is not given, the 
  2.9   commissioner shall issue an opinion within 20 days of receipt of 
  2.10  the request.  For good cause and upon written notice to the 
  2.11  person requesting the opinion, the commissioner may extend this 
  2.12  deadline for one additional 30-day period.  The notice must 
  2.13  state the reason for extending the deadline.  The state agency, 
  2.14  statewide system, or political subdivision must be provided a 
  2.15  reasonable opportunity to explain the reasons for its decision 
  2.16  regarding the data.  The commissioner or the state agency, 
  2.17  statewide system, or political subdivision may choose to give 
  2.18  notice to the subject of the data concerning the dispute 
  2.19  regarding the data. 
  2.20     (b) (c) This section does not apply to a determination made 
  2.21  by the commissioner of health under section 13.3805, subdivision 
  2.22  1, paragraph (b), or 144.6581. 
  2.23     (c) (d) A written opinion issued by the attorney general 
  2.24  shall take precedence over an opinion issued by the commissioner 
  2.25  under this section. 
  2.26     Sec. 2.  Minnesota Statutes 2000, section 13.37, 
  2.27  subdivision 1, is amended to read: 
  2.28     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  2.29  following terms have the meanings given them. 
  2.30     (a) "Security information" means government data the 
  2.31  disclosure of which would be likely to substantially jeopardize 
  2.32  the security of information, possessions, individuals or 
  2.33  property against theft, tampering, improper use, attempted 
  2.34  escape, illegal disclosure, trespass, or physical injury.  For 
  2.35  purposes of this section, "substantially jeopardize" means that 
  2.36  a reasonable person, considering the facts and circumstances, 
  3.1   would conclude that disclosure will result in one of these 
  3.2   harms.  On request of a person seeking disclosure of data 
  3.3   claimed to be security information, the responsible authority 
  3.4   shall provide documentation and justification to explain the 
  3.5   harm that will result if the data are disclosed.  "Security 
  3.6   information" includes crime prevention block maps and lists of 
  3.7   volunteers who participate in community crime prevention 
  3.8   programs and their home addresses and telephone numbers. 
  3.9      (b) "Trade secret information" means government data, 
  3.10  including a formula, pattern, compilation, program, device, 
  3.11  method, technique or process (1) that was supplied by the 
  3.12  affected individual or organization, (2) that is the subject of 
  3.13  efforts by the individual or organization that are reasonable 
  3.14  under the circumstances to maintain its secrecy, and (3) that 
  3.15  derives independent economic value, actual or potential, from 
  3.16  not being generally known to, and not being readily 
  3.17  ascertainable by proper means by, other persons who can obtain 
  3.18  economic value from its disclosure or use. 
  3.19     (c) "Labor relations information" means management 
  3.20  positions on economic and noneconomic items that have not been 
  3.21  presented during the collective bargaining process or interest 
  3.22  arbitration, including information specifically collected or 
  3.23  created to prepare the management position. 
  3.24     (d) "Parking space leasing data" means the following 
  3.25  government data on an applicant for, or lessee of, a parking 
  3.26  space:  residence address, home telephone number, beginning and 
  3.27  ending work hours, place of employment, work telephone number, 
  3.28  and location of the parking space. 
  3.29     (e) "Internal competitive proposal" means a proposal to 
  3.30  provide government services that is prepared by the staff of a 
  3.31  political subdivision in competition with proposals solicited by 
  3.32  the political subdivision from the private sector. 
  3.33     Sec. 3.  Minnesota Statutes 2000, section 13.43, 
  3.34  subdivision 3, is amended to read: 
  3.35     Subd. 3.  [APPLICANT DATA.] Except for applicants described 
  3.36  in subdivision 5, the following personnel data on current and 
  4.1   former applicants for employment by a state agency, statewide 
  4.2   system or political subdivision or appointment to an advisory 
  4.3   board or commission is public:  veteran status; relevant test 
  4.4   scores; rank on eligible list; job history; education and 
  4.5   training; and work availability.  Names of applicants shall be 
  4.6   private data except when certified as eligible for appointment 
  4.7   to a vacancy or when applicants are considered by the appointing 
  4.8   authority to be finalists for a position in public employment.  
  4.9   For purposes of this subdivision, "finalist" means an individual 
  4.10  who is selected to be interviewed by the appointing authority, 
  4.11  including a selection committee appointed by a school district 
  4.12  to interview applicants, prior to selection.  Names and home 
  4.13  addresses of applicants for appointment to and members of an 
  4.14  advisory board or commission are public.