HF 1710

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/15/2023 12:30pm

A bill for an act
relating to state government; requiring procedures for when the legislative
commission on cybersecurity holds closed meetings; amending Minnesota Statutes
2022, section 3.888, subdivision 5, by adding subdivisions.

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

Section 1.

Minnesota Statutes 2022, section 3.888, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Definition. new text end

new text begin (a) For purposes of this section, the following term has the meaning
given.
new text end

new text begin (b) "Closed meeting records" means the recordings, minutes, documents, and member
voting records, if any, from a closed meeting by the commission.
new text end

Sec. 2.

Minnesota Statutes 2022, section 3.888, subdivision 5, is amended to read:

Subd. 5.

Meetings.

The commission must meet at least three times per calendar year.
The meetings of the commission are subject to section 3.055, except that the commission
may close a meeting when necessary to safeguard the state's cybersecurity. deleted text begin The minutes,
recordings, and documents from a closed meeting under this subdivision deleted text end new text begin Closed meeting
records new text end shall be maintained by the Legislative Coordinating Commission and shall not be
made available to the public until new text begin at least new text end eight years new text begin but no more than 20 years new text end after the
date of the new text begin closed new text end meeting.

Sec. 3.

Minnesota Statutes 2022, section 3.888, is amended by adding a subdivision to
read:

new text begin Subd. 5a. new text end

new text begin Closed meetings procedures. new text end

new text begin The commission must adopt procedures for
conducting closed meetings before the commission's first closed meeting. At a minimum,
the procedures must include:
new text end

new text begin (1) a requirement to provide notice to the public, when practicable, before each closed
meeting of the commission's intent and authority to hold a closed meeting, or to hold a
closed session during an otherwise open meeting;
new text end

new text begin (2) a requirement that the commission minimize the number of people present at a closed
meeting to those necessary to conduct the meeting;
new text end

new text begin (3) steps the commission must take if a commission member is alleged to have violated
the confidentiality of a closed meeting; and
new text end

new text begin (4) guidance for the Legislative Coordinating Commission for the public release of
closed meeting records following the eight year record requirement in subdivision 5. The
meetings of the Legislative Coordinating Commission under this subdivision are exempt
from section 3.055 when necessary to safeguard the confidentiality of closed meeting records.
new text end

Sec. 4.

Minnesota Statutes 2022, section 3.888, is amended by adding a subdivision to
read:

new text begin Subd. 5b. new text end

new text begin Alleged member closed meeting confidentiality violations. new text end

new text begin Notwithstanding
any law to the contrary, if a complaint alleging a member violated the confidentiality of a
closed meeting is brought to a legislative committee with jurisdiction over ethical conduct,
the committee with jurisdiction over ethical conduct must preserve the confidentiality of
the closed meeting at issue.
new text end