HF 227

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human rights; reclassifying certain 
  1.3             investigative data; amending Minnesota Statutes 1996, 
  1.4             section 363.061, subdivisions 2 and 3.  
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1996, section 363.061, 
  1.7   subdivision 2, is amended to read: 
  1.8      Subd. 2.  [ACCESS TO OPEN FILES.] (a) Human rights 
  1.9   investigative data on an individual, with the exception of the 
  1.10  name and address of the charging party and respondent, factual 
  1.11  basis of the allegations, and the statute under which the action 
  1.12  is brought, contained in an open case file is classified as 
  1.13  confidential.  In an open case file, the name and address of the 
  1.14  charging party and respondent, factual basis of the allegations, 
  1.15  and the statute under which the action is brought are classified 
  1.16  as private data until seven working days after the commissioner 
  1.17  has mailed a copy of the charge to the respondent, at which time 
  1.18  the data become public, unless the commissioner determines that 
  1.19  release of the data would be detrimental to the investigative 
  1.20  and enforcement process. 
  1.21     (b) Human rights investigative data not on an individual 
  1.22  contained in an open case file is classified as protected 
  1.23  nonpublic data. 
  1.24     (c) Notwithstanding this subdivision, the commissioner may 
  1.25  make human rights investigative data contained in an open case 
  2.1   file accessible to a person, government agency, or the public if 
  2.2   access will aid the investigative and enforcement process. 
  2.3      Sec. 2.  Minnesota Statutes 1996, section 363.061, 
  2.4   subdivision 3, is amended to read: 
  2.5      Subd. 3.  [ACCESS TO CLOSED FILES.] (a) Human rights 
  2.6   investigative data on an individual contained in a closed case 
  2.7   file is classified as private, with the exception of the 
  2.8   following documents:  the name and address of the charging party 
  2.9   and respondent, factual basis of the allegations, and the 
  2.10  statute under which the action is brought, the part of the 
  2.11  summary of the investigation that does not contain identifying 
  2.12  data on an individual other than the complainant or respondent, 
  2.13  and the commissioner's memorandum determining whether probable 
  2.14  cause has been shown. 
  2.15     (b) Human rights investigative data not on an individual 
  2.16  contained in a closed case file is classified as nonpublic. 
  2.17     (c) Notwithstanding this subdivision, the commissioner may 
  2.18  make human rights investigative data contained in a closed case 
  2.19  file inaccessible to the charging party or the respondent in 
  2.20  order to protect medical or other security interests of the 
  2.21  parties or third persons. 
  2.22     (d) For the purposes of this subdivision, "closed case file"
  2.23  includes a file concerning which the commissioner has made a 
  2.24  determination.