1.1                          A bill for an act 
  1.2             relating to government data practices; providing for 
  1.3             classification of certain data; eliminating reporting 
  1.4             redundancy; abolishing administrative remedies; 
  1.5             amending Minnesota Statutes 2000, sections 13.719, by 
  1.6             adding a subdivision; 138.17, subdivision 7; proposing 
  1.7             coding for new law in Minnesota Statutes, chapter 13; 
  1.8             repealing Minnesota Statutes 2000, section 13.081. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [13.15] [COMPUTER DATA.] 
  1.11     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  1.12  following terms have the meanings given. 
  1.13     (a) [ELECTRONIC ACCESS DATA.] "Electronic access data" 
  1.14  means data created, collected, or maintained about a person's 
  1.15  access to a government entity's computer for the purpose of:  
  1.16     (1) gaining access to data or information; 
  1.17     (2) transferring data or information; or 
  1.18     (3) using government services. 
  1.19     (b) [COOKIE.] "Cookie" means any data that a 
  1.20  government-operated computer electronically places on the 
  1.21  computer of a person who has gained access to a government 
  1.22  computer.  
  1.23     Subd. 2.  [CLASSIFICATION OF DATA.] Electronic access data 
  1.24  are private data on individuals or nonpublic data. 
  1.25     Subd. 3.  [NOTICE.] A government entity that creates, 
  1.26  collects, or maintains electronic access data or uses its 
  1.27  computer to install a cookie on a person's computer must inform 
  2.1   persons gaining access to the entity's computer of the creation, 
  2.2   collection, or maintenance of electronic access data or the 
  2.3   entity's use of cookies before requiring the person to provide 
  2.4   any data about the person to the government entity.  As part of 
  2.5   that notice, the government entity must inform the person how 
  2.6   the data will be used and disseminated, including the uses and 
  2.7   disseminations in subdivision 4. 
  2.8      Subd. 4.  [USE OF ELECTRONIC ACCESS DATA.] Electronic 
  2.9   access data may be disseminated: 
  2.10     (1) to the commissioner for the purpose of evaluating 
  2.11  electronic government services; 
  2.12     (2) to another government entity to prevent unlawful 
  2.13  intrusions into government electronic systems; or 
  2.14     (3) as otherwise provided by law. 
  2.15     Sec. 2.  [13.3215] [EDVEST DATA.] 
  2.16     All data on beneficiaries of accounts, established under 
  2.17  the Edvest savings program as provided in sections 136A.241 to 
  2.18  136A.245, are classified as private data on individuals, except 
  2.19  that the names and addresses of the beneficiaries of accounts 
  2.20  that receive grants are public. 
  2.21     Sec. 3.  [13.5515] [HUMAN RIGHTS INTAKE FILE DATA.] 
  2.22     All data in intake files that identify potential charging 
  2.23  parties, potential respondents, and witnesses are classified as 
  2.24  confidential data on individuals and protected nonpublic data.  
  2.25     Sec. 4.  Minnesota Statutes 2000, section 13.719, is 
  2.26  amended by adding a subdivision to read: 
  2.27     Subd. 6.  [AUTOMOBILE INSURANCE.] (a) [GROUP SELF-INSURANCE 
  2.28  DATA.] Financial data relating to nonpublic companies that are 
  2.29  submitted to the commissioner of commerce for the purpose of 
  2.30  obtaining approval to self-insure liability for automobile 
  2.31  coverage as a group are classified as nonpublic data. 
  2.32     (b) [SELF-INSURANCE; PLAN ADMINISTRATOR DATA.] Financial 
  2.33  documents, including income statements, balance sheets, 
  2.34  statements of change in financial positions and supporting 
  2.35  financial information, submitted by nonpublic companies seeking 
  2.36  to self-insure their automobile liability or to be licensed as 
  3.1   self-insurance plan administrators, are classified as nonpublic 
  3.2   data. 
  3.3      Sec. 5.  Minnesota Statutes 2000, section 138.17, 
  3.4   subdivision 7, is amended to read: 
  3.5      Subd. 7.  [RECORDS MANAGEMENT PROGRAM.] A records 
  3.6   management program for the application of efficient and 
  3.7   economical management methods to the creation, utilization, 
  3.8   maintenance, retention, preservation, and disposal of official 
  3.9   records shall be administered by the commissioner of 
  3.10  administration with assistance from the director of the 
  3.11  historical society.  The state records center which stores and 
  3.12  services state records not in state archives shall be 
  3.13  administered by the commissioner of administration.  The 
  3.14  commissioner of administration is empowered to (1) establish 
  3.15  standards, procedures, and techniques for effective management 
  3.16  of government records, (2) make continuing surveys of paper work 
  3.17  operations, and (3) recommend improvements in current records 
  3.18  management practices including the use of space, equipment, and 
  3.19  supplies employed in creating, maintaining, preserving and 
  3.20  disposing of government records.  It shall be the duty of the 
  3.21  head of each state agency and the governing body of each county, 
  3.22  municipality, and other subdivision of government to cooperate 
  3.23  with the commissioner in conducting surveys and to establish and 
  3.24  maintain an active, continuing program for the economical and 
  3.25  efficient management of the records of each agency, county, 
  3.26  municipality, or other subdivision of government.  When 
  3.27  requested by the commissioner, public officials shall assist in 
  3.28  the preparation of an inclusive inventory of records in their 
  3.29  custody, to which shall be attached a schedule, approved by the 
  3.30  head of the governmental unit or agency having custody of the 
  3.31  records and the commissioner, establishing a time period for the 
  3.32  retention or disposal of each series of records.  When the 
  3.33  schedule is unanimously approved by the records disposition 
  3.34  panel, the head of the governmental unit or agency having 
  3.35  custody of the records may dispose of the type of records listed 
  3.36  in the schedule at a time and in a manner prescribed in the 
  4.1   schedule for particular records which were created after the 
  4.2   approval.  A list of records disposed of pursuant to this 
  4.3   subdivision shall be ~~forwarded to the commissioner and the~~ 
  4.4   ~~archivist~~ maintained by the ~~head of the~~ governmental unit or 
  4.5   agency.  ~~The archivist shall maintain a list of all records~~ 
  4.6   ~~destroyed.~~ 
  4.7      Sec. 6.  [REPEALER.] 
  4.8      Minnesota Statutes 2000, section 13.081, is repealed.