SF 324

2nd Engrossment - 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) Except as otherwise 
  1.9   provided in this subdivision, human rights investigative data on 
  1.10  an individual, with the exception of the name and address of the 
  1.11  charging party and respondent, factual basis of the allegations, 
  1.12  and the statute under which the action is brought, contained in 
  1.13  an open case file is classified as are confidential data on 
  1.14  individuals or protected nonpublic data.  The name and address 
  1.15  of the charging party and respondent, factual basis of the 
  1.16  allegations, and the statute under which the action is brought 
  1.17  are classified as private data until seven working days after 
  1.18  the commissioner has mailed a copy of the charge to the 
  1.19  respondent, at which time the data become public, unless the 
  1.20  commissioner determines that release of the data would be 
  1.21  detrimental to the investigative and enforcement process private 
  1.22  data on individuals or nonpublic data but are accessible to the 
  1.23  charging party and the respondent. 
  1.24     (b) Human rights investigative data not on an individual 
  1.25  contained in an open case file is classified as protected 
  2.1   nonpublic data. 
  2.2      (c) Notwithstanding this subdivision, After making a 
  2.3   finding of probable cause, the commissioner may make human 
  2.4   rights investigative data contained in an open case file 
  2.5   accessible to a person, government agency, or the public if 
  2.6   access will aid the investigative and enforcement process. 
  2.7      Sec. 2.  Minnesota Statutes 1996, section 363.061, 
  2.8   subdivision 3, is amended to read: 
  2.9      Subd. 3.  [ACCESS TO CLOSED FILES.] (a) Except as otherwise 
  2.10  provided in this subdivision, human rights investigative data on 
  2.11  an individual contained in a closed case file is classified as 
  2.12  are private, with the exception of the following documents: data 
  2.13  on individuals or nonpublic data.  The name and address of the 
  2.14  charging party and respondent, factual basis of the allegations, 
  2.15  and the statute under which the action is brought, the part of 
  2.16  the summary of the investigation that does not contain 
  2.17  identifying data on an individual a person other than the 
  2.18  complainant or respondent, and the commissioner's memorandum 
  2.19  determining whether probable cause has been shown are public 
  2.20  data. 
  2.21     (b) Human rights investigative data not on an individual 
  2.22  contained in a closed case file is classified as nonpublic. 
  2.23     (c) Notwithstanding this subdivision, The commissioner may 
  2.24  make human rights investigative data contained in a closed case 
  2.25  file inaccessible to the charging party or the respondent in 
  2.26  order to protect medical or other security interests of the 
  2.27  parties or third persons.