HF 789

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to data practices; modifying provisions 
  1.3             governing the issuance of advisory opinions by the 
  1.4             commissioner of administration; providing for access 
  1.5             to data and clarifying data classifications; 
  1.6             eliminating a sunset; amending Minnesota Statutes 
  1.7             1994, section 13.072, subdivision 1, and by adding a 
  1.8             subdivision; Laws 1993, chapter 192, section 110. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1994, section 13.072, 
  1.11  subdivision 1, is amended to read: 
  1.12     Subdivision 1.  [OPINION; WHEN REQUIRED.] (a) Upon request 
  1.13  of a state agency, statewide system, or political subdivision, 
  1.14  the commissioner may give a written opinion on any question 
  1.15  relating to public access to government data, rights of subjects 
  1.16  of data, or classification of data under this chapter or other 
  1.17  Minnesota statutes governing government data practices.  Upon 
  1.18  request of any person who disagrees with a determination 
  1.19  regarding data practices made by a state agency, statewide 
  1.20  system, or political subdivision, the commissioner may give a 
  1.21  written opinion regarding the person's rights as a subject of 
  1.22  government data or right to have access to government data.  If 
  1.23  the commissioner determines that no opinion will be issued, the 
  1.24  commissioner shall give the state agency, statewide system, 
  1.25  political subdivision, or person requesting the opinion notice 
  1.26  of the decision not to issue the opinion within five days of 
  1.27  receipt of the request.  If this notice is not given, the 
  2.1   commissioner shall issue an opinion within 20 days of receipt of 
  2.2   the request.  For good cause and upon written notice to the 
  2.3   person requesting the opinion, the commissioner may extend this 
  2.4   deadline for one additional 30-day period.  The notice must 
  2.5   state the reason for extending the deadline.  The state agency, 
  2.6   statewide system, or political subdivision must be provided a 
  2.7   reasonable opportunity to explain the reasons for its decision 
  2.8   regarding the data.  The commissioner or the state agency, 
  2.9   statewide system, or political subdivision may choose to give 
  2.10  notice to the subject of the data concerning the dispute 
  2.11  regarding the data. 
  2.12     (b) This section does not apply to a question involving the 
  2.13  exercise of a discretionary power specifically granted by 
  2.14  statute to a responsible authority to withhold or grant access 
  2.15  to government data in a manner different than the data's general 
  2.16  statutory classification determination made by the commissioner 
  2.17  of health under section 144.6581. 
  2.18     (c) A written opinion issued by the attorney general shall 
  2.19  take precedence over an opinion issued by the commissioner under 
  2.20  this section. 
  2.21     Sec. 2.  Minnesota Statutes 1994, section 13.072, is 
  2.22  amended by adding a subdivision to read: 
  2.23     Subd. 4.  [DATA SUBMITTED TO COMMISSIONER.] A state agency, 
  2.24  statewide system, or political subdivision may submit not public 
  2.25  data to the commissioner for the purpose of requesting or 
  2.26  responding to a person's request for an opinion.  The data 
  2.27  submitted to the commissioner have the same classification as 
  2.28  the data have when held by the state agency, statewide system, 
  2.29  or political subdivision.  Government data submitted to the 
  2.30  commissioner by a person requesting an opinion have the same 
  2.31  classification as comparable data would have in the government 
  2.32  entity about whose data the person is requesting an opinion.  If 
  2.33  the nature of the opinion is such that the release of the 
  2.34  opinion would reveal not public data, the commissioner may issue 
  2.35  an opinion using pseudonyms for individuals. 
  2.36     Sec. 3.  Laws 1993, chapter 192, section 110, is amended to 
  3.1   read: 
  3.2      Sec. 110.  [REPEALER.] 
  3.3      (a) Minnesota Statutes 1992, section 309.502, is repealed.  
  3.4      (b) Minnesota Statutes 1992, sections 16A.095, subdivision 
  3.5   3; 16A.123; 16A.128; 16A.1281; 16A.35; 16A.45, subdivisions 2 
  3.6   and 3; 16A.80; and 290A.24, are repealed. 
  3.7      (c) Minnesota Statutes 1992, section 13.072, is repealed 
  3.8   effective August 1, 1995. 
  3.9      Sec. 4.  [EFFECTIVE DATE.] 
  3.10     This act is effective the day following final enactment.