Sections 1 to 8, 14, 15, 18, 19, 21, 22, 25-36, 40-50, 53-57, 59-62, 64, 67, and 68 contain technical and stylistic changes to the Data Practices Act. Grammatical changes are made to reflect the use of the word "data" as a plural object. Redundant language and unnecessary cross-references are eliminated and language is reorganized. Cross-references to data practices and Open Meeting Law provisions that are outside of chapters 13 and 13D are added.
Section 9 amends the definition of “responsible authority” under the Data Practices Act to specify individuals in political subdivisions who will serve as the responsible authority until the governing body appoints one.
Section 10 combines government entity obligation provisions that appear in different sections of current law into one section.
Section 11 removes a requirement that public access procedures be updated every year by August 1.
Section 12 amends the “traveling data” statute. Grammatical corrections are included. Clarifications are made in the language governing data that travel from the judicial branch to a government entity. If data have a specific classification under state or federal law, the government entity must maintain the data according to the specific classification.
Section 13 amends the commissioner opinion statute to require an opinion to indicate when the principles stated in the opinion are not intended to provide guidance to all similarly situated persons or government entities.
Section 16 amends the definition of “security information” to require the responsible authority to determine that disclosure would be likely to jeopardize the security of information, individuals, or property against theft and other improper uses.
Section 17 provides that if a government entity denies a data request based on a determination that the data are security information, upon request, it must provide a short description explaining the necessity for the classification.
Section 20 amends the civil investigative data statute to provide that it does not apply when the sole issue or dispute is a government entity’s timeliness in responding to a data request.
Section 23 amends the personnel data statute to provide that if the personal telephone number, home address, and e-mail address of an employee are maintained as a result of a contractual relationship entered into on or after August 1, 2012, between a contractor or subcontractor and a government entity, the data are private. A government entity must share the data with a government entity to perform a function authorized by law and must disclose the data to a government entity or any person for prevailing wage purposes.
Section 24 amends the appraisal data statute to allow a government entity to make data that are confidential or protected nonpublic data to become public data. An immediate effective date is included.
Section 37 amends the statute governing data on applicants for appointment that are public to make it consistent with the personnel data statute.
Section 38 adds a cross-reference to the new classification of dependent eligibility audit data in section 65.
Section 39 classifies data on a request for an unofficial fiscal note. "Unofficial fiscal note" is defined as a fiscal note requested by or on behalf of a member of the Legislature on draft language for a bill that has not been introduced. If a fiscal note request is accompanied by a directive from the requester that the data be classified under this section, data on the request, the bill draft, and the unofficial fiscal note would be private data on individuals or nonpublic data, but would be accessible to, and could be disclosed by, the requester. If the unofficial fiscal note or an updated version is used for an introduced bill or legislation, an amendment, or proposed bill that is offered for consideration by a legislative committee, the fiscal note becomes public data. This section addresses a recommendation contained in a February 2012 report from the Legislative Auditor on fiscal notes.
Section 51 rewrites the section of law governing the classification of data when the Commissioner of Transportation undertakes a design-build transportation project, which is the law allowing the Commissioner to award a contract on the basis of a best-value selection process. Different classifications of specified data would apply, depending on the point in time during the bidding and contracting process. If all responses to requests for proposals are rejected before award of the project, certain data retain their classification until a re-solicitation results in an award of the project or a determination is made to abandon the project.
Section 52 classifies data on participants in the "adopt-a-highway" program. Home addresses, except zip codes, home e-mail addresses, and home telephone numbers would be private data.
Section 58 amends the law enforcement data statute to provide that investigative data that become inactive that are a person’s financial account number or transaction numbers are private data on individuals or nonpublic data.
Section 63 amends the Open Meeting Law to clarify that the ten-day Web posting requirement applies only to regular meetings.
Section 65 classifies data submitted to the Commissioner of Management and Budget as part of a dependent eligibility audit as private data. The data may be shared with and used by an employer if necessary to pursue any action arising out of apparent ineligibility of a dependent. An immediate effective date is included.
Section 66 establishes procedures and notice requirements that must be followed before the commissioner may terminate enrollment of a dependent for failure to submit documentation as part of an eligibility audit. This section expires on January 1, 2014. An immediate effective date is included.
Section 69 amends the Department of Natural Resources electronic licensing data statute to expand the persons who have access to data.
Section 70 amends the statute governing energy program data to authorize the sharing and use of the data for specified purposes. An immediate effective date is included.
Section 71 authorizes the use of the telephone assistance fund for reimbursing reasonable expenses associated with the data sharing under section 70.
Section 72, paragraph (a), repeals current laws that are replaced by the new provisions governing the obligations of responsible authorities contained in section 10. Paragraph (b) repeals the law classifying data of the Iron Range Resources and Rehabilitation Board on applicants for a loan or equity investment as private or nonpublic data. It is retroactive from the date of final enactment.