Section 1 amends the definition of "personnel data" under the Data Practices Act. Current law includes government self-evaluation data submitted by employees in the definition, which makes this data private, but limits it to requests for suggestions from all employees. The amendment strikes the word "all" to allow a government entity to request suggestions from work groups, individual offices, etc., and still come under this classification.
Section 2 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 (a copy of the relevant statutes is attached). Different classifications of specified data would apply, depending on the point in time during the bidding and contracting process. It also provides that 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 3 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 4 classifies mileage-based user fee data collected by the Department under the pilot project to demonstrate technologies that will use a mileage charge instead of a gas tax. It is based on a temporary classification of the data. Data contained in applications for participation in the program, personal identification data, vehicle identification data, financial and credit data, and field data, including road usage data, would be private or nonpublic.
Section 5 amends the law governing access to traffic accident reports. As a general rule, traffic accident reports are accessible only to parties to the accident. The amendment would give the Commissioner of Transportation access to reports for purposes of seeking restitution for damages to state-owned infrastructure.