HF 1180

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:45am

A bill for an act
relating to state government; changing data practices provisions; amending
Minnesota Statutes 2008, sections 13.06, subdivisions 1, 3, 4, 5, 7, by adding
subdivisions; 13.43, subdivisions 1, 2, by adding subdivisions; 13.64; 16B.97,
by adding a subdivision; repealing Minnesota Statutes 2008, section 13.06,
subdivision 2; Minnesota Rules, part 1205.1800.

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

ARTICLE 1

TEMPORARY CLASSIFICATIONS

Section 1.

Minnesota Statutes 2008, section 13.06, subdivision 1, is amended to read:

Subdivision 1.

Application to commissioner.

(a) Notwithstanding the provisions
of section 13.03, the responsible authority of a government entity may apply to the
commissioner for permission to classify data or types of data on individuals as private
or confidential, or data not on individuals as nonpublic or protected nonpublic, for its
own use and for the use of other similar government entities on a temporary basis until
a proposed statute can be acted upon by the legislature. The application for temporary
classification is public.

(b) Upon deleted text begin the filing deleted text end new text begin receipt by the commissioner new text end of an application for temporary
classification, the data which is the subject of the application shall be deemed to be
classified as set forth in the application for a period of 45 days, or until the application is
disapproved, rejected, or granted by the commissioner, whichever is earlier.

(c) If the commissioner determines that an application has been submitted for
purposes not consistent with this section, the commissioner may immediately reject the
application, give notice of that rejection to the applicant, and return the application. When
the applicant receives the notice of rejection from the commissioner, the data which was
the subject of the application shall have the classification it had before the application was
submitted to the commissioner.

Sec. 2.

Minnesota Statutes 2008, section 13.06, subdivision 3, is amended to read:

Subd. 3.

Contents of application deleted text begin for nonpublic or nonpublic protected data deleted text end .

An application for temporary classification of government data deleted text begin not on individuals deleted text end shall
include and the applicant shall have the burden of clearly establishing that no statute
currently exists which either allows or forbids classification as deleted text begin nonpublic or protected
nonpublic deleted text end new text begin not public new text end ; and deleted text begin either deleted text end new text begin one or more of the following:
new text end

(1) that data similar to that for which the temporary classification is sought deleted text begin has deleted text end new text begin have new text end
been deleted text begin treated deleted text end new text begin classified new text end as deleted text begin nonpublic or protected nonpublic deleted text end new text begin not public new text end by other government
entities deleted text begin , and by the public deleted text end ; or

(2) public access to the data would render unworkable a program authorized by
law deleted text begin ; or deleted text end new text begin .
new text end

deleted text begin (3) deleted text end new text begin The applicant must also clearly establish new text end that a compelling need exists for
immediate temporary classification, which if not granted could adversely affect the new text begin public
interest, new text end health, safety deleted text begin or deleted text end new text begin , new text end welfare deleted text begin of the public deleted text end new text begin , or data subject's well-being or reputation new text end .

Sec. 3.

Minnesota Statutes 2008, section 13.06, subdivision 4, is amended to read:

Subd. 4.

Procedure when classification affects others.

If the commissioner
determines that an application for temporary classification involves data which would
reasonably be classified in the same manner by all government entities similar to the
one which made the application, the commissioner may approve or disapprove the
classification for data of the kind which is the subject of the application for the use
of all government entities similar to the applicant. new text begin If requested in the application, the
commissioner may also determine that the data classification affects similar government
entities. new text end On deeming this approach advisable, the commissioner shall provide notice of
the proposed action by publication deleted text begin in the State Register deleted text end new text begin of the application on the Web site
of the Department of Administration's Information Policy Analysis Division new text end within ten
new text begin business new text end days of receiving the application. Within 30 days after publication deleted text begin in the State
Register deleted text end new text begin on the division's Web site, new text end an affected government entity or the public may
submit comments on the deleted text begin commissioner's proposal deleted text end new text begin application new text end . The commissioner shall
consider any comments received when granting or denying a classification for data of the
kind which is the subject of the application, for the use of all government entities similar
to the applicant. Within 45 days after the close of the period for submitting comment, the
commissioner shall grant or disapprove the application. Applications processed under
this subdivision shall be either approved or disapproved by the commissioner within 90
days of the receipt of the application. For purposes of subdivision 1, the data which
is the subject of the classification shall be deemed to be classified as set forth in the
application for a period of 90 days, or until the application is disapproved or granted by
the commissioner, whichever is earlier. deleted text begin If requested in the application, or determined to be
necessary by the commissioner, the data in the application shall be so classified for all
government entities similar to the applicant until the application is disapproved or granted
by the commissioner, whichever is earlier. deleted text end Proceedings after the grant or disapproval shall
be governed by the provisions of subdivision 5.

Sec. 4.

Minnesota Statutes 2008, section 13.06, is amended by adding a subdivision to
read:

new text begin Subd. 4a. new text end

new text begin Withdrawal of application. new text end

new text begin Except when an application is processed
under subdivision 4, an application may be withdrawn by the responsible authority prior to
the commissioner granting or disapproving the temporary classification. The responsible
authority shall notify the commissioner in writing of the entity's intent to withdraw the
application. The written withdrawal must state the reason the temporary classification is
no longer necessary and must be signed by the responsible authority.
new text end

Sec. 5.

Minnesota Statutes 2008, section 13.06, subdivision 5, is amended to read:

Subd. 5.

Determination.

(a) The commissioner shall either grant or disapprove
the application for temporary classification within 45 days after it is deleted text begin filed deleted text end new text begin received by
the commissioner new text end . On disapproving an application, the commissioner shall set forth
in detail reasons for the disapproval, and shall include a statement of belief as to what
classification is appropriate for the data which is the subject of the application. Twenty
days after the date deleted text begin of deleted text end new text begin the responsible authority receives new text end the commissioner's disapproval
of an application, the data which is the subject of the application shall become public
data, unless the responsible authority submits an amended application for temporary
classification which requests the classification deemed appropriate by the commissioner
in the statement of disapproval or which sets forth additional information relating to the
original proposed classification. Upon the filing of an amended application, the data
which is the subject of the amended application shall be deemed to be classified as set
forth in the amended application for a period of 20 days or until the amended application
is granted or disapproved by the commissioner, whichever is earlier. The commissioner
shall either grant or disapprove the amended application within 20 days after it is filed.
Five working days after the date deleted text begin of deleted text end new text begin the responsible authority receives new text end the commissioner's
disapproval of the amended application, the data which is the subject of the application
shall become public data. No more than one amended application may be submitted for
any single file or system.

(b) If the commissioner grants an application for temporary classification new text begin under this
section new text end , it shall become effective immediately, and the complete record relating to the
application shall be submitted to the attorney general, who shall review the classification
as to form and legality. Within 25 days new text begin after receipt of the record new text end , the attorney general
shall approve the classification, disapprove a classification as confidential new text begin or protected
nonpublic new text end but approve a classification as private new text begin or nonpublic new text end , or disapprove the
classification. If the attorney general disapproves a classification, the data which is the
subject of the classification shall become public data five working days after the date of
the attorney general's disapproval.

Sec. 6.

Minnesota Statutes 2008, section 13.06, is amended by adding a subdivision to
read:

new text begin Subd. 6a. new text end

new text begin Data use and dissemination. new text end

new text begin A responsible authority may request
approval from the commissioner for a new or different use or dissemination of the data
as provided in section 13.05, subdivision 4, for any data temporarily classified under
this section.
new text end

Sec. 7.

Minnesota Statutes 2008, section 13.06, subdivision 7, is amended to read:

Subd. 7.

Legislative consideration of temporary classifications; expiration.

On or before January 15 of each year, the commissioner shall submit all temporary
classifications in effect on January 1 in bill form to the legislature. The temporary
classification expires deleted text begin June deleted text end new text begin August new text end 1 of the year deleted text begin following its submission deleted text end new text begin it is submitted new text end to
the legislature.

ARTICLE 2

PERSONNEL DATA

Section 1.

Minnesota Statutes 2008, section 13.43, subdivision 1, is amended to read:

Subdivision 1.

Definition.

As used in this section, "personnel data" means data on
individuals deleted text begin collected deleted text end new text begin maintained new text end because the individual is or was an employee of or an
applicant for employment by, performs services on a voluntary basis for, or acts as an
independent contractor with a government entity. Personnel data includes data submitted
by an employee to a government entity as part of an organized self-evaluation effort by the
government entity to request suggestions from all employees on ways to cut costs, make
government more efficient, or improve the operation of government. An employee who is
identified in a suggestion shall have access to all data in the suggestion except the identity
of the employee making the suggestion.

Sec. 2.

Minnesota Statutes 2008, section 13.43, subdivision 2, is amended to read:

Subd. 2.

Public data.

(a) Except for employees described in subdivision 5 and
subject to the limitations described in subdivision 5a, the following personnel data on
current and former employees, volunteers, and independent contractors of a government
entity is public:

(1) name; employee identification number, which must not be the employee's Social
Security number; actual gross salary; salary range; new text begin terms and conditions of employment;
new text end contract fees; actual gross pension; the value and nature of employer paid fringe benefits;
and the basis for and the amount of any new text begin employer-paid new text end added remuneration, including
expense reimbursement, in addition to salary;

(2) job title and bargaining unit; job description; education and training background;
and previous work experience;

(3) date of first and last employment;

(4) the existence and status of any complaints or charges against the employee,
regardless of whether the complaint or charge resulted in a disciplinary action;

(5) the final disposition of any disciplinary action together with the specific reasons
for the action and data documenting the basis of the action, excluding data that would
identify confidential sources who are employees of the public body;

(6) the terms of any agreement settling any dispute arising out of an employment
relationship, including a buyout agreement as defined in section 123B.143, subdivision 2,
paragraph (a); except that the agreement must include specific reasons for the agreement if
it involves the payment of more than $10,000 of public money;

(7) work location; a work telephone number; new text begin employer-provided e-mail address;
new text end badge number; new text begin continuing education; new text end and honors and awards received; and

(8) payroll time sheets or other comparable data that are only used to account for
employee's work time for payroll purposes, except to the extent that release of time sheet
data would reveal the employee's reasons for the use of sick or other medical leave
or other not public data.

(b) For purposes of this subdivision, a final disposition occurs when the government
entity makes its final decision about the disciplinary action, regardless of the possibility of
any later proceedings or court proceedings. In the case of arbitration proceedings arising
under collective bargaining agreements, a final disposition occurs at the conclusion of the
arbitration proceedings, or upon the failure of the employee to elect arbitration within
the time provided by the collective bargaining agreement. Final disposition includes a
resignation by an individual when the resignation occurs after the final decision of the
government entity, or arbitrator. new text begin For purposes of this subdivision, discipline includes an
oral reprimand, written reprimand, suspension, demotion, termination, or any form of
discipline provided in the collective bargaining agreement. A disciplinary proceeding does
not become public data if a final arbitrator's order rejects imposing any disciplinary action.
new text end

(c) The government entity may display a photograph of a current or former employee
to a prospective witness as part of the government entity's investigation of any complaint
or charge against the employee.

(d) A complainant has access to a statement provided by the complainant to a
government entity in connection with a complaint or charge against an employee.

(e) Notwithstanding paragraph (a), clause (5), upon completion of an investigation
of a complaint or charge against a public official, or if a public official resigns or is
terminated from employment while the complaint or charge is pending, all data relating to
the complaint or charge are public, unless access to the data would jeopardize an active
investigation or reveal confidential sources. For purposes of this paragraph, "public
official" means:

(1) the head of a state agency and deputy and assistant state agency heads;

(2) members of boards or commissions required by law to be appointed by the
governor or other elective officers; and

(3) executive or administrative heads of departments, bureaus, divisions, or
institutions within state government.

Sec. 3.

Minnesota Statutes 2008, section 13.43, is amended by adding a subdivision to
read:

new text begin Subd. 17. new text end

new text begin Continuity of operations. new text end

new text begin Personal home contact information may be
used to ensure that an employee can be reached in the event of an emergency or other
disturbance affecting continuity of operation of a government entity. An employee's
personal home contact information may be shared with another government entity in the
event of an emergency or other disturbance to ensure continuity of operation of either
government entity.
new text end

Sec. 4.

Minnesota Statutes 2008, section 13.43, is amended by adding a subdivision to
read:

new text begin Subd. 18. new text end

new text begin Private personnel data. new text end

new text begin Private personnel data of state employees must
be disclosed to the Department of Administration for the purpose of administration of the
workers' compensation program.
new text end

Sec. 5.

Minnesota Statutes 2008, section 13.64, is amended to read:

13.64 DEPARTMENT OF ADMINISTRATION DATA.

(a) Notes and preliminary drafts of reports created, collected, or maintained by the
Management Analysis Division, Department of Administration, and prepared during
management studies, audits, reviews, consultations, or investigations are classified as
confidential or protected nonpublic data until the final report has been published or
preparation of the report is no longer being actively pursued.

(b) Data that support the conclusions of the report and that the commissioner of
administration reasonably believes will result in litigation are confidential or protected
nonpublic until the litigation has been completed or until the litigation is no longer
being actively pursued.

(c) Data on individuals that could reasonably be used to determine the identity of an
individual supplying data for a report are private if:

(1) the data supplied by the individual were needed for a report; and

(2) the data would not have been provided to the Management Analysis Division
without an assurance to the individual that the individual's identity would remain private,
or the Management Analysis Division reasonably believes that the individual would not
have provided the data.

new text begin (d) Building plans, building specifications, and building drawings of state-owned
facilities and nonstate-owned facilities leased by the state are classified as nonpublic data
when maintained by the Department of Administration and may be shared with anyone as
needed to perform duties of the commissioner.
new text end

Sec. 6.

Minnesota Statutes 2008, section 16B.97, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Data classification. new text end

new text begin Data maintained by the commissioner that identify
a person providing comments to the commissioner under subdivision 4, paragraph (a),
clauses (6) and (7), are private and nonpublic data but may be shared with the executive
agency that is the subject of the comments.
new text end

Sec. 7. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2008, section 13.06, subdivision 2, new text end new text begin is repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, part 1205.1800, new text end new text begin is repealed.
new text end