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Minnesota Legislature

Office of the Revisor of Statutes

SF 1142

as introduced - 91st Legislature (2019 - 2020) Posted on 02/11/2019 03:40pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to the legislature; expanding the Data Practices Act and Open Meeting
Law to include the legislative branch; classifying data; amending Minnesota
Statutes 2018, sections 3C.05, subdivision 1; 13.02, subdivisions 7a, 16; 13D.01,
subdivisions 4, 6, by adding a subdivision; 13D.02, by adding a subdivision;
13D.04, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapter 13; repealing Minnesota Statutes 2018, section 3.055.

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

Section 1.

Minnesota Statutes 2018, section 3C.05, subdivision 1, is amended to read:


Subdivision 1.

General.

The revisor, employees of the revisor's office, and persons
assisting the office as part-time employees or independent contractors are subject to the
following prohibitions and limitations:

(a) They may not reveal to any person not employed by the revisor's office the content
or nature of a request for drafting services. The content of the request and documents and
communications relating to the drafting service supplied is not public and is not subject to
subpoena, search warrant, deposition, writ of mandamus, interrogatory, or other disclosurenew text begin,
provided that requests, documents, and communications relating to a legislative proposal
must be disclosed when required by section 13.6055
new text end.

(b) They may not urge or oppose legislation on issues susceptible to action in the
Minnesota legislature.

(c) They may not use office time to conduct legal business other than the business of
the revisor's office.

(d) They may not engage in outside activities that violate the ethical considerations
concerning independent professional judgment and interests of multiple clients contained
in the Code of Professional Responsibility for Lawyers.

(e) They may not engage in activities of a partisan nature.

Sec. 2.

Minnesota Statutes 2018, section 13.02, subdivision 7a, is amended to read:


Subd. 7a.

Government entity.

"Government entity" means a state agencynew text begin, an entity in
the legislative branch
new text end,new text begin anew text end statewide system, ornew text begin anew text end political subdivision.

Sec. 3.

Minnesota Statutes 2018, section 13.02, subdivision 16, is amended to read:


Subd. 16.

Responsible authority.

(a) "Responsible authority" in a state agency or
statewide system means the state official designated by law or by the commissioner as the
individual responsible for the collection, use and dissemination of any set of data on
individuals, government data, or summary data.

(b) "Responsible authority" in any political subdivision means the individual designated
by the governing body of that political subdivision as the individual responsible for the
collection, use, and dissemination of any set of data on individuals, government data, or
summary data, unless otherwise provided by state law. Until an individual is designated by
the political subdivision's governing body, the responsible authority is:

(1) for counties, the county coordinator or administrator. If the county does not employ
a coordinator or administrator, the responsible authority is the county auditor;

(2) for statutory or home rule charter cities, the elected or appointed city clerk. If the
home rule charter does not provide for an office of city clerk, the responsible authority is
the chief clerical officer for filing and record keeping purposes;

(3) for school districts, the superintendent; and

(4) for all other political subdivisions, the chief clerical officer for filing and record
keeping purposes.

new text begin (c) "Responsible authority" in an entity in the legislative branch means:
new text end

new text begin (1) for the house of representatives, the chief clerk of the house;
new text end

new text begin (2) for the senate, the secretary of the senate;
new text end

new text begin (3) for the Office of the Revisor of Statutes, the revisor of statutes;
new text end

new text begin (4) for the Office of the Legislative Auditor, the legislative auditor;
new text end

new text begin (5) for the Legislative Reference Library, the library director;
new text end

new text begin (6) for the Legislative Budget Office, the director of the Legislative Budget Office; and
new text end

new text begin (7) for any entity administered by the legislative branch but otherwise not described in
this paragraph, the director of the Legislative Coordinating Commission.
new text end

new text begin A responsible authority under this paragraph may delegate the duties required by this chapter
to a designated member of the responsible authority's staff.
new text end

Sec. 4.

new text begin [13.6055] LEGISLATIVE BRANCH DATA.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin As used in this section, "legislative branch" means the house
of representatives, the senate, the Legislative Budget Office, and any entity administered
by the Legislative Coordinating Commission.
new text end

new text begin Subd. 2. new text end

new text begin Private or nonpublic data. new text end

new text begin The following data collected, created, or maintained
by the legislative branch are private data on individuals or nonpublic data:
new text end

new text begin (1) legislative proposals, including preliminary drafts of bills, fiscal spreadsheets, and
other working documents related to a legislative proposal, provided that after the legislative
proposal has been formally introduced in the form of a bill, supporting data are public.
Supporting data do not include preliminary drafts. A legislator may disclose any of these
data to an executive branch agency or to the public at any time if disclosure would aid the
legislator in preparing or advocating for the proposal; and
new text end

new text begin (2) e-mail correspondence, written memos, bill summaries, and any other data created,
collected, or maintained by a legislator or partisan legislative staff member for the exclusive
use of the members of a legislative caucus or a group of legislators representing a specific
party, geographic region, or political subdivision.
new text end

new text begin Subd. 3. new text end

new text begin Public data. new text end

new text begin The following data collected, created, or maintained by the
legislative branch are public at all times:
new text end

new text begin (1) data on the administrative business of the legislative branch, to the extent required
by chapters 3 and 10, and any other applicable law;
new text end

new text begin (2) data on legislative branch personnel, to the extent the data are public under section
13.43;
new text end

new text begin (3) appointment schedules and daily calendars of legislators and legislative branch staff;
new text end

new text begin (4) e-mail correspondence, written memos, bill summaries, and other communications
and correspondence, unless specifically classified by subdivision 2 or other applicable law.
new text end

Sec. 5.

Minnesota Statutes 2018, section 13D.01, is amended by adding a subdivision to
read:


new text begin Subd. 1a. new text end

new text begin Meetings of the legislature. new text end

new text begin Meetings of the legislature shall be open to the
public, including sessions of the senate and house of representatives, joint sessions of the
senate and house of representatives, and meetings of a standing or special committee,
committee division, subcommittee, working group, conference committee, or legislative
commission, but not including a caucus of the members of any of those bodies from the
same house and political party nor a delegation of legislators representing a geographic area
or political subdivision.
new text end

new text begin For purposes of this subdivision, a meeting occurs when a quorum is present and action
is taken regarding a matter within the jurisdiction of the body.
new text end

new text begin The existence and substance of a complaint, including any supporting materials, and all
proceedings, meetings, hearings, and records of the Ethics Committee of the senate or the
house of representatives are public; except that the committee, upon a majority vote of the
whole committee, may meet in a closed executive session to consider or determine the
question of probable cause, to consider a member's medical or other health records, or to
protect the privacy of a victim or a third party.
new text end

Sec. 6.

Minnesota Statutes 2018, section 13D.01, subdivision 4, is amended to read:


Subd. 4.

Votes to be kept in journal.

(a) The votes of the members of the state agency,
board, commission, or department; or of the governing body, committee, subcommittee,
board, department, or commission on an action taken in a meeting required by this section
to be open to the public must be recorded in a journal kept for that purpose.

(b) The vote of each member must be recorded on each appropriation of money, except
for payments of judgments, claims, and amounts fixed by statute.

new text begin (c) The senate and house of representatives shall keep journals of their proceedings, and
from time to time publish the same. The votes of the members of the senate and house of
representatives, when taken on any question, shall be entered in the journals. Each house
may provide by rule for recording proceedings and making the recordings and votes available
to the public.
new text end

Sec. 7.

Minnesota Statutes 2018, section 13D.01, subdivision 6, is amended to read:


Subd. 6.

Public copy of members' materials.

(a) In any meeting which under
subdivisions 1,new text begin 1a,new text end 2, 4, and 5, and section 13D.02 must be open to the public, at least one
copy of any printed materials relating to the agenda items of the meeting prepared or
distributed by or at the direction of the governing body or its employees and:

(1) distributed at the meeting to all members of the governing body;

(2) distributed before the meeting to all members; or

(3) available in the meeting room to all members;

shall be available in the meeting room for inspection by the public while the governing body
considers their subject matter.

(b) This subdivision does not apply to materials classified by law as other than public
as defined in chapter 13, or to materials relating to the agenda items of a closed meeting
held in accordance with the procedures in section 13D.03 or other law permitting the closing
of meetings.

Sec. 8.

Minnesota Statutes 2018, section 13D.02, is amended by adding a subdivision to
read:


new text begin Subd. 1a. new text end

new text begin Meetings of legislative branch entities. new text end

new text begin Meetings of legislative standing and
special committees, committee divisions, subcommittees, working groups, conference
committees, or commissions may be conducted in accordance with this section, except that
compliance with subdivision 1, clause (4), is not required.
new text end

Sec. 9.

Minnesota Statutes 2018, section 13D.04, is amended by adding a subdivision to
read:


new text begin Subd. 5a. new text end

new text begin Meetings of the legislature. new text end

new text begin (a) For sessions of the senate and house of
representatives and joint sessions of the senate and house of representatives:
new text end

new text begin (1) the senate and house of representatives may provide by rule and joint rule for public
notice of sessions and joint sessions; and
new text end

new text begin (2) the senate and house of representatives may not consider and vote on any bill,
conference committee report, or motion to concur in passage of a bill by the other body or
take any other action that would constitute final passage of legislation unless the bill,
conference committee report, or motion to concur has been made available to each member
and to the public for at least 24 hours.
new text end

new text begin (b) For meetings of a legislative standing or special committee, committee division,
subcommittee, working group, or legislative commission:
new text end

new text begin (1) the presiding officers of the senate and the house of representatives must prepare
and publish a schedule of committee meetings at the beginning of each biennium, fixing as
far as practicable the regular meeting day and time of each committee;
new text end

new text begin (2) the chair of a legislative standing or special committee, committee division,
subcommittee, working group, or legislative commission must provide three days' notice
of the date, time, place, and agenda for each meeting. Notice shall be provided by posting
written notice in a public place, and by posting the schedule electronically on the senate or
house of representatives website as well as on the committee page of the senate or house
of representatives website. The notice shall be provided electronically three days in advance
to all members of the standing or special committee, committee division, subcommittee,
working group, or legislative commission and to each person who has filed a request,
electronically or in writing, for notice of meetings. Meeting notices must indicate when
alternative media will be used to conduct the meeting; and
new text end

new text begin (3) the chair of a standing or special committee, committee division, subcommittee,
working group, or legislative commission may call an emergency meeting when the chair
determines that circumstances exist that require immediate consideration by the standing
or special committee, committee division, subcommittee, working group, or legislative
commission. The chair must provide 24 hours' notice of the subject, date, time, place, and
agenda for the emergency meeting. The chair must describe the reason that an emergency
meeting is necessary. Notice shall be provided by posting written notice in a public place,
and by posting the schedule electronically on the senate or house of representatives website
as well as on the committee page of the senate or house of representatives website. The
notice shall be provided electronically to all members of the standing or special committee,
committee division, subcommittee, working group, or legislative commission and to each
person who has filed a request, electronically or in writing, for notice of meetings.
new text end

new text begin (c) For meetings of a conference committee:
new text end

new text begin (1) the chair of the conference committee must provide 12 hours' notice of the date, time,
place, and agenda for each meeting. Notice shall be provided by posting written notice in
a public place adopted by joint rule of the senate and the house of representatives, and by
posting the schedule electronically on the senate or house of representatives website. The
notice shall be provided electronically to all members of the conference committee and to
each person who has filed a request, electronically or in writing, for notice of meetings.
Meeting notices must indicate when alternative media will be used to conduct the meeting;
and
new text end

new text begin (2) the conference committee may not take action upon any conference committee report
unless the conference committee report has been made available to each member of the
conference committee and to the public for at least 12 hours not including the hours between
midnight and 7:00 a.m. The conference committee must provide an opportunity for public
testimony at the meeting in which it takes final action on adopting a conference committee
report.
new text end

Sec. 10. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2018, section 3.055, new text end new text begin is repealed.
new text end

Sec. 11. new text beginEFFECTIVE DATE.
new text end

new text begin This act is effective January 1, 2020, and, notwithstanding Minnesota Statutes, section
13.03, subdivision 9, sections 2 to 4 apply to data collected, created, or received on or after
that date.
new text end

APPENDIX

Repealed Minnesota Statutes: 19-1417

3.055 OPEN MEETINGS.

Subdivision 1.

Meetings to be open.

Meetings of the legislature shall be open to the public, including sessions of the senate, sessions of the house of representatives, joint sessions of the senate and the house of representatives, and meetings of a standing committee, committee division, subcommittee, conference committee, or legislative commission, but not including a caucus of the members of any of those bodies from the same house and political party nor a delegation of legislators representing a geographic area or political subdivision. For purposes of this section, a meeting occurs when a quorum is present and action is taken regarding a matter within the jurisdiction of the body. Each house shall provide by rule for posting notices of meetings, recording proceedings, and making the recordings and votes available to the public.

Subd. 1a.

Meetings by interactive TV.

(a) A meeting governed by this section may be conducted by interactive television so long as:

(1) all members of the body participating in the meeting, wherever their physical location, can hear and see one another and can hear and see all discussion and testimony presented at any location at which at least one member is present;

(2) members of the public present at the regular meeting location of the body can hear and see all discussion and testimony and all votes of members of the body; and

(3) at least one member of the body is physically present at the regular meeting location.

(b) Each member of a body participating in a meeting by interactive television is considered present at the meeting for purposes of determining a quorum and participating in all proceedings.

(c) If interactive television is used to conduct a meeting, to the extent practical, a body shall allow a person to monitor the meeting electronically from a remote location. The body may require the person making such a connection to pay for documented marginal costs that the body incurs as a result of the additional connection.

(d) House of representatives and senate rules governing notice of meetings must provide for giving notice that interactive television will be used to conduct a meeting.

Subd. 2.

Enforcement.

The house of representatives and the senate shall adopt rules to implement this section. Remedies provided by rules of the house of representatives and senate are exclusive. No court or administrative agency has jurisdiction to enforce, enjoin, penalize, award damages, or otherwise act upon a violation or alleged violation of this section, to invalidate any provision of law because of a violation of this section, or to otherwise interpret this section.