SF 1378

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

  1.1                          A bill for an act 
  1.2             relating to privacy; providing for the classification 
  1.3             of and access to government data; modifying provisions 
  1.4             governing data practices; amending Minnesota Statutes 
  1.5             1996, sections 13.33; 13.43, subdivision 2; 13.82, by 
  1.6             adding a subdivision; 13.85, subdivision 2; 171.12, 
  1.7             subdivision 1; and 260.161, subdivisions 1 and 1a. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 13.33, is 
  1.10  amended to read: 
  1.11     13.33 [ELECTED OFFICIALS; CORRESPONDENCE; PRIVATE DATA.] 
  1.12     Correspondence between individuals and elected officials is 
  1.13  private data on individuals, but may be made public by either 
  1.14  the sender or the recipient.  This section does not apply to 
  1.15  correspondence between elected officials or between an elected 
  1.16  official and a government employee acting within the scope of 
  1.17  employment. 
  1.18     Sec. 2.  Minnesota Statutes 1996, section 13.43, 
  1.19  subdivision 2, is amended to read: 
  1.20     Subd. 2.  [PUBLIC DATA.] (a) Except for employees described 
  1.21  in subdivision 5, the following personnel data on current and 
  1.22  former employees, volunteers, and independent contractors of a 
  1.23  state agency, statewide system, or political subdivision and 
  1.24  members of advisory boards or commissions is public: 
  1.25     (1) name; actual gross salary; salary range; contract fees; 
  1.26  actual gross pension; the value and nature of employer paid 
  2.1   fringe benefits; and the basis for and the amount of any added 
  2.2   remuneration, including expense reimbursement, in addition to 
  2.3   salary; 
  2.4      (2) job title; job description; education and training 
  2.5   background; and previous work experience; 
  2.6      (3) date of first and last employment; 
  2.7      (4) the existence and status of any complaints or charges 
  2.8   against the employee, regardless of whether the complaint or 
  2.9   charge resulted in a disciplinary action; 
  2.10     (5) the final disposition of any disciplinary action 
  2.11  together with the specific reasons for the action and data 
  2.12  documenting the basis of the action, excluding data that would 
  2.13  identify confidential sources who are employees of the public 
  2.14  body; 
  2.15     (6) the terms of any agreement settling any dispute arising 
  2.16  out of an employment relationship, including a buyout agreement 
  2.17  as defined in section 123.34, subdivision 9a, paragraph (a); 
  2.18  except that the agreement must include specific reasons for the 
  2.19  agreement if it involves the payment of more than $10,000 of 
  2.20  public money; 
  2.21     (7) work location; a work telephone number; badge number; 
  2.22  and honors and awards received; and 
  2.23     (8) payroll time sheets or other comparable data that are 
  2.24  only used to account for employee's work time for payroll 
  2.25  purposes, and calendars used to account for employee's work 
  2.26  time, except to the extent that release of time sheet or 
  2.27  calendar data would reveal the employee's reasons for the use of 
  2.28  sick or other medical leave or other not public data; and city 
  2.29  and county of residence. 
  2.30     (b) For purposes of this subdivision, a final disposition 
  2.31  occurs when the state agency, statewide system, or political 
  2.32  subdivision makes its final decision about the disciplinary 
  2.33  action, regardless of the possibility of any later proceedings 
  2.34  or court proceedings.  In the case of arbitration proceedings 
  2.35  arising under collective bargaining agreements, a final 
  2.36  disposition occurs at the conclusion of the arbitration 
  3.1   proceedings, or upon the failure of the employee to elect 
  3.2   arbitration within the time provided by the collective 
  3.3   bargaining agreement.  Final disposition includes a resignation 
  3.4   by an individual when the resignation occurs after the final 
  3.5   decision of the state agency, statewide system, political 
  3.6   subdivision, or arbitrator. 
  3.7      (c) The state agency, statewide system, or political 
  3.8   subdivision may display a photograph of a current or former 
  3.9   employee to a prospective witness as part of the state agency's, 
  3.10  statewide system's, or political subdivision's investigation of 
  3.11  any complaint or charge against the employee. 
  3.12     (d) A complainant has access to a statement provided by the 
  3.13  complainant to a state agency, statewide system, or political 
  3.14  subdivision in connection with a complaint or charge against an 
  3.15  employee. 
  3.16     (e) Notwithstanding paragraph (a), clause (5), upon 
  3.17  completion of an investigation of a complaint or charge against 
  3.18  a public official, or if a public official resigns or is 
  3.19  terminated from employment while the complaint or charge is 
  3.20  pending, all data relating to the complaint or charge are 
  3.21  public, unless access to the data would jeopardize an active 
  3.22  investigation or reveal confidential sources.  For purposes of 
  3.23  this paragraph, "public official" means: 
  3.24     (1) the head of a state agency and deputy and assistant 
  3.25  state agency heads; 
  3.26     (2) members of boards or commissions required by law to be 
  3.27  appointed by the governor or other elective officers; and 
  3.28     (3) executive or administrative heads of departments, 
  3.29  bureaus, divisions, or institutions. 
  3.30     Sec. 3.  Minnesota Statutes 1996, section 13.82, is amended 
  3.31  by adding a subdivision to read: 
  3.32     Subd. 5f.  [RELEASE OF CHILD ABUSE DATA TO CHILDREN'S 
  3.33  SERVICE PROVIDER.] Notwithstanding subdivision 5a or 5b, if a 
  3.34  law enforcement agency believes that reasonable grounds exist to 
  3.35  support allegations of maltreatment of a child by a children's 
  3.36  service worker, the agency may disclose data relating to the 
  4.1   incident to the children's service provider for whom the worker 
  4.2   provides services.  For purposes of this subdivision, 
  4.3   "children's service provider" and "children's service worker" 
  4.4   have the meanings given in section 299C.61. 
  4.5      Sec. 4.  Minnesota Statutes 1996, section 13.85, 
  4.6   subdivision 2, is amended to read: 
  4.7      Subd. 2.  [PRIVATE DATA.] Unless the data are summary data 
  4.8   or arrest data, or a statute specifically provides a different 
  4.9   classification, corrections and detention data on individuals 
  4.10  are classified as private pursuant to section 13.02, subdivision 
  4.11  12, to the extent that the release of the data would either (a) 
  4.12  disclose personal, medical, psychological, or financial 
  4.13  information, or personal information not related to their lawful 
  4.14  confinement or detainment or (b) endanger an individual's life. 
  4.15     Sec. 5.  Minnesota Statutes 1996, section 171.12, 
  4.16  subdivision 1, is amended to read: 
  4.17     Subdivision 1.  [LICENSES FILED IN ALPHABETICAL ORDER.] The 
  4.18  department shall file every application for a driver's license 
  4.19  received by it and shall maintain suitable indices containing, 
  4.20  in alphabetical order: 
  4.21     (1) all applications denied and the reason for denial; 
  4.22     (2) all applications granted; and 
  4.23     (3) the name of every person whose license has been 
  4.24  suspended, revoked, or canceled or who has been disqualified 
  4.25  from operating a commercial motor vehicle by the department, and 
  4.26  after each name the reasons for the action.  
  4.27     Notwithstanding section 13.46 or 260.161, data revealing 
  4.28  that the reason for the action under clause (3) is nonpayment of 
  4.29  support or an order of the juvenile court are public. 
  4.30     Sec. 6.  Minnesota Statutes 1996, section 260.161, 
  4.31  subdivision 1, is amended to read: 
  4.32     Subdivision 1.  [RECORDS REQUIRED TO BE KEPT.] (a) The 
  4.33  juvenile court judge shall keep such minutes and in such manner 
  4.34  as the court deems necessary and proper.  Except as provided in 
  4.35  paragraph (b), the court shall keep and maintain records 
  4.36  pertaining to delinquent adjudications until the person reaches 
  5.1   the age of 28 years and shall release the records on an 
  5.2   individual to another juvenile court that has jurisdiction of 
  5.3   the juvenile, to a requesting adult court for purposes of 
  5.4   sentencing, or to an adult court or juvenile court as required 
  5.5   by the right of confrontation of either the United States 
  5.6   Constitution or the Minnesota Constitution.  The juvenile court 
  5.7   shall provide, upon the request of any other juvenile court, 
  5.8   copies of the records concerning adjudications involving the 
  5.9   particular child.  The court also may provide copies of records 
  5.10  concerning delinquency adjudications, on request, to law 
  5.11  enforcement agencies, probation officers, and corrections agents 
  5.12  if the court finds that providing these records serves public 
  5.13  safety or is in the best interests of the child.  The records 
  5.14  have the same data classification in the hands of The agency 
  5.15  receiving them as they had in the hands of the court the records 
  5.16  may release the records only as permitted under this section or 
  5.17  authorized by law. 
  5.18     The court shall also keep an index in which files 
  5.19  pertaining to juvenile matters shall be indexed under the name 
  5.20  of the child.  After the name of each file shall be shown the 
  5.21  file number and, if ordered by the court, the book and page of 
  5.22  the register in which the documents pertaining to such file are 
  5.23  listed.  The court shall also keep a register properly indexed 
  5.24  in which shall be listed under the name of the child all 
  5.25  documents filed pertaining to the child and in the order filed.  
  5.26  The list shall show the name of the document and the date of 
  5.27  filing thereof.  The juvenile court legal records shall be 
  5.28  deposited in files and shall include the petition, summons, 
  5.29  notice, findings, orders, decrees, judgments, and motions and 
  5.30  such other matters as the court deems necessary and proper.  
  5.31  Unless otherwise provided by law, all court records shall be 
  5.32  open at all reasonable times to the inspection of any child to 
  5.33  whom the records relate, and to the child's parent and guardian. 
  5.34     (b) The court shall retain records of the court finding 
  5.35  that a juvenile committed an act that would be a felony or gross 
  5.36  misdemeanor level offense until the offender reaches the age of 
  6.1   28.  If the offender commits a felony as an adult, or the court 
  6.2   convicts a child as an extended jurisdiction juvenile, the court 
  6.3   shall retain the juvenile records for as long as the records 
  6.4   would have been retained if the offender had been an adult at 
  6.5   the time of the juvenile offense.  This paragraph does not apply 
  6.6   unless the juvenile was provided counsel as required by section 
  6.7   260.155, subdivision 2. 
  6.8      Sec. 7.  Minnesota Statutes 1996, section 260.161, 
  6.9   subdivision 1a, is amended to read: 
  6.10     Subd. 1a.  [RECORD OF FINDINGS.] (a) The juvenile court 
  6.11  shall forward to the Bureau of Criminal Apprehension the 
  6.12  following data in juvenile petitions involving felony- or gross 
  6.13  misdemeanor-level offenses: 
  6.14     (1) the name and birthdate of the juvenile, including any 
  6.15  of the juvenile's known aliases or street names; 
  6.16     (2) the act for which the juvenile was petitioned and date 
  6.17  of the offense; and 
  6.18     (3) the date and county where the petition was filed. 
  6.19     (b) Upon completion of the court proceedings, the court 
  6.20  shall forward the court's finding and case disposition to the 
  6.21  bureau.  Notwithstanding section 138.17, if the petition was 
  6.22  dismissed or the juvenile was not found to have committed a 
  6.23  gross misdemeanor or felony-level offense, the bureau and a 
  6.24  person who received the data from the bureau shall destroy all 
  6.25  the data relating to the petition collected under paragraph (a) 
  6.26  unless the bureau or the person has access to the data under 
  6.27  other law.  The bureau shall notify a person who received the 
  6.28  data that the data must be destroyed. 
  6.29     (c) The bureau shall retain data on a juvenile found to 
  6.30  have committed a felony- or gross misdemeanor-level offense 
  6.31  until the offender reaches the age of 28.  If the offender 
  6.32  commits a felony violation as an adult, the bureau shall retain 
  6.33  the data for as long as the data would have been retained if the 
  6.34  offender had been an adult at the time of the juvenile offense. 
  6.35     (d) The juvenile court shall forward to the bureau, the 
  6.36  sentencing guidelines commission, and the department of 
  7.1   corrections the following data on individuals convicted as 
  7.2   extended jurisdiction juveniles: 
  7.3      (1) the name and birthdate of the offender, including any 
  7.4   of the juvenile's known aliases or street names; 
  7.5      (2) the crime committed by the offender and the date of the 
  7.6   crime; 
  7.7      (3) the date and county of the conviction; and 
  7.8      (4) the case disposition. 
  7.9      The court shall notify the bureau, the sentencing 
  7.10  guidelines commission, and the department of corrections 
  7.11  whenever it executes an extended jurisdiction juvenile's adult 
  7.12  sentence under section 260.126, subdivision 5. 
  7.13     (e) The bureau, sentencing guidelines commission, and the 
  7.14  department of corrections shall retain the extended jurisdiction 
  7.15  juvenile data for as long as the data would have been retained 
  7.16  if the offender had been an adult at the time of the offense.  
  7.17  Data retained on individuals under this subdivision are private 
  7.18  data under section 13.02, except that extended jurisdiction 
  7.19  juvenile data becomes public data under section 13.87, 
  7.20  subdivision 2, when the juvenile court notifies the bureau that 
  7.21  the individual's adult sentence has been executed under section 
  7.22  260.126, subdivision 5.