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REVISOR

This Document can be made available​
in alternative formats upon request​

JRM/JC

State of Minnesota​

HOUSE OF REPRESENTATIVES​
NINETIETH SESSION​
02/09/2017​

17-2802​

H. F. No.

1065​

Authored by Thissen, Lesch, Howe, Halverson and Ecklund​
The bill was read for the first time and referred to the Committee on Civil Law and Data Practices Policy​

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A bill for an act​

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relating to the legislature; expanding the Data Practices Act and Open Meeting​
Law to include the legislative branch; classifying data; amending Minnesota Statutes​
2016, 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 2016, section 3.055.​

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

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Section 1. Minnesota Statutes 2016, section 3C.05, subdivision 1, is amended to read:​

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Subdivision 1. General. The revisor, employees of the revisor's office, and persons​

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assisting the office as part-time employees or independent contractors are subject to the​

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following prohibitions and limitations:​

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(a) They may not reveal to any person not employed by the revisor's office the content​

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or nature of a request for drafting services. The content of the request and documents and​

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communications relating to the drafting service supplied is not public and is not subject to​

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subpoena, search warrant, deposition, writ of mandamus, interrogatory, or other disclosure,​

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provided that requests, documents, and communications relating to a legislative proposal​

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must be disclosed when required by section 13.6055.​

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(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.​

Section 1.​

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(d) They may not engage in outside activities that violate the ethical considerations​

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concerning independent professional judgment and interests of multiple clients contained​

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in the Code of Professional Responsibility for Lawyers.​

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(e) They may not engage in activities of a partisan nature.​
Sec. 2. Minnesota Statutes 2016, section 13.02, subdivision 7a, is amended to read:​
Subd. 7a. Government entity. "Government entity" means a state agency, an entity in​
the legislative branch, a statewide system, or a political subdivision.​

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Sec. 3. Minnesota Statutes 2016, section 13.02, subdivision 16, is amended to read:​

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Subd. 16. Responsible authority. (a) "Responsible authority" in a state agency or​

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statewide system means the state official designated by law or by the commissioner as the​

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individual responsible for the collection, use and dissemination of any set of data on​

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individuals, government data, or summary data.​

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(b) "Responsible authority" in any political subdivision means the individual designated​

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by the governing body of that political subdivision as the individual responsible for the​

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collection, use, and dissemination of any set of data on individuals, government data, or​

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summary data, unless otherwise provided by state law. Until an individual is designated by​

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the political subdivision's governing body, the responsible authority is:​

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(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​

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home rule charter does not provide for an office of city clerk, the responsible authority is​

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the chief clerical officer for filing and record keeping purposes;​

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(3) for school districts, the superintendent; and​

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

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keeping purposes.​

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(c) "Responsible authority" in an entity in the legislative branch means:​

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(1) for the house of representatives, the chief clerk of the house;​

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(2) for the senate, the secretary of the senate;​

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(3) for the Office of the Revisor of Statutes, the revisor of statutes;​

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(4) for the Office of the Legislative Auditor, the legislative auditor;​

Sec. 3.​

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(5) for the Legislative Reference Library, the library director; and​

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(6) for any entity administered by the legislative branch but otherwise not described in​

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this paragraph, the director of the Legislative Coordinating Commission.​

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A responsible authority under this paragraph may delegate the duties required by this chapter​

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to a designated member of the responsible authority's staff.​

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Sec. 4. [13.6055] LEGISLATIVE BRANCH DATA.​

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Subdivision 1. Definition. As used in this section, "legislative branch" means the house​

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of representatives, the senate, and any entity administered by the Legislative Coordinating​

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Commission.​

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Subd. 2. Private or nonpublic data. The following data collected, created, or maintained​
by the legislative branch are private data on individuals or nonpublic data:​
(1) legislative proposals, including preliminary drafts of bills, fiscal spreadsheets, and​

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other working documents related to a legislative proposal, provided that after the legislative​

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proposal has been formally introduced in the form of a bill, supporting data are public.​

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Supporting data do not include preliminary drafts. A legislator may disclose any of these​

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data to an executive branch agency or to the public at any time if disclosure would aid the​

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legislator in preparing or advocating for the proposal; and​

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(2) e-mail correspondence, written memos, bill summaries, and any other data created,​

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collected, or maintained by a legislator or partisan legislative staff member for the exclusive​

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use of the members of a legislative caucus or a group of legislators representing a specific​

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party, geographic region, or political subdivision.​

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Subd. 3. Public data. The following data collected, created, or maintained by the​
legislative branch are public at all times:​
(1) data on the administrative business of the legislative branch, to the extent required​
by chapters 3 and 10, and any other applicable law;​
(2) data on legislative branch personnel, to the extent the data are public under section​
13.43;​

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(3) appointment schedules and daily calendars of legislators and legislative branch staff;​

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(4) e-mail correspondence, written memos, bill summaries, and other communications​

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and correspondence, unless specifically classified by subdivision 2 or other applicable law.​

Sec. 4.​

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Sec. 5. Minnesota Statutes 2016, section 13D.01, is amended by adding a subdivision to​
read:​
Subd. 1a. Meetings of the legislature. Meetings of the legislature shall be open to the​

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public, including sessions of the senate, sessions of the house of representatives, joint​

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sessions of the senate and the house of representatives, and meetings of a standing or special​

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committee, committee division, subcommittee, working group, conference committee, or​

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legislative commission, but not including a caucus of the members of any of those bodies​

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from the same house and political party nor a delegation of legislators representing a​

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geographic area or political subdivision.​

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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.​

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The existence and substance of a complaint, including any supporting materials, and all​

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proceedings, meetings, hearings, and records of the Ethics Committee of the senate or the​

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house of representatives are public; except that the committee, upon a majority vote of the​

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whole committee, may meet in a closed executive session to consider or determine the​

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question of probable cause, to consider a member's medical or other health records, or to​

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protect the privacy of a victim or a third party.​

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Sec. 6. Minnesota Statutes 2016, 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,​

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board, commission, or department; or of the governing body, committee, subcommittee,​

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board, department, or commission on an action taken in a meeting required by this section​

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to be open to the public must be recorded in a journal kept for that purpose.​

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(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.​
(c) The senate and house of representatives shall keep journals of their proceedings, and​

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from time to time publish the same. The votes of the members of the senate and house of​

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representatives, when taken on any question, shall be entered in the journals. Each house​

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may provide by rule for recording proceedings and making the recordings and votes available​

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to the public.​

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Sec. 7. Minnesota Statutes 2016, section 13D.01, subdivision 6, is amended to read:​
Subd. 6. Public copy of members' materials. (a) In any meeting which under​
subdivisions 1, 1a, 2, 4, and 5, and section 13D.02 must be open to the public, at least one​

Sec. 7.​

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copy of any printed materials relating to the agenda items of the meeting prepared or​

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distributed by or at the direction of the governing body or its employees and:​

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

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

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

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shall be available in the meeting room for inspection by the public while the governing body​

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considers their subject matter.​

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(b) This subdivision does not apply to materials classified by law as other than public​

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as defined in chapter 13, or to materials relating to the agenda items of a closed meeting​

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held in accordance with the procedures in section 13D.03 or other law permitting the closing​

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of meetings.​

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Sec. 8. Minnesota Statutes 2016, section 13D.02, is amended by adding a subdivision to​
read:​
Subd. 1a. Meetings of legislative branch entities. Meetings of legislative standing and​

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special committees, committee divisions, subcommittees, working groups, conference​

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committees, or commissions may be conducted in accordance with this section, except that​

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compliance with subdivision 1, clause (4), is not required.​

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Sec. 9. Minnesota Statutes 2016, section 13D.04, is amended by adding a subdivision to​
read:​
Subd. 5a. Meetings of the legislature. (a) For sessions of the senate, sessions of the​

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house of representatives, and joint sessions of the senate and the house of representatives:​

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(1) the senate and house of representatives may provide by rule and joint rule for public​

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notice of sessions and joint sessions; and​
(2) the senate and house of representatives may not consider and vote on any bill,​

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conference committee report, or motion to concur in passage of a bill by the other house or​

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take any other action that would constitute final passage of legislation unless the bill,​

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conference committee report, or motion to concur has been made available to each member​

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and to the public for at least 24 hours.​

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(b) For meetings of a legislative standing or special committee, committee division,​
subcommittee, working group, or legislative commission:​

Sec. 9.​

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(1) the presiding officers of the senate and the house of representatives must prepare​

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and publish a schedule of committee meetings at the beginning of each biennium, fixing as​

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far as practicable the regular meeting day and time of each committee;​

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(2) the chair of a legislative standing or special committee, committee division,​

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subcommittee, working group, or legislative commission must provide three days' notice​

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of the date, time, place, and agenda for each meeting. Notice shall be provided by posting​

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written notice in a public place, and by posting the schedule electronically on the senate or​

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house of representatives Web site as well as on the committee page of the senate or house​

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of representatives Web site. The notice shall be provided electronically three days in advance​

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to all members of the standing or special committee, committee division, subcommittee,​

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working group, or legislative commission and to each person who has filed a request,​

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electronically or in writing, for notice of meetings. Meeting notices must indicate when​

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alternative media will be used to conduct the meeting; and​

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(3) the chair of a standing or special committee, committee division, subcommittee,​

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working group, or legislative commission may call an emergency meeting when the chair​

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determines that circumstances exist that require immediate consideration by the standing​

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or special committee, committee division, subcommittee, working group, or legislative​

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commission. The chair must provide 24 hours' notice of the subject, date, time, place, and​

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agenda for the emergency meeting. The chair must describe the reason that an emergency​

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meeting is necessary. Notice shall be provided by posting written notice in a public place,​

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and by posting the schedule electronically on the senate or house of representatives Web​

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site as well as on the committee page of the senate or house of representatives Web site.​

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The notice shall be provided electronically to all members of the standing or special​

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committee, committee division, subcommittee, working group, or legislative commission​

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and to each person who has filed a request, electronically or in writing, for notice of meetings.​

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(c) For meetings of a conference committee:​

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(1) the chair of the conference committee must provide 12 hours' notice of the date, time,​

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place, and agenda for each meeting. Notice shall be provided by posting written notice in​

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a public place adopted by joint rule of the senate and the house of representatives, and by​

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posting the schedule electronically on the senate or house of representatives Web site. The​

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notice shall be provided electronically to all members of the conference committee and to​

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each person who has filed a request, electronically or in writing, for notice of meetings.​

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Meeting notices must indicate when alternative media will be used to conduct the meeting;​

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and​

Sec. 9.​

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(2) the conference committee may not take action upon any conference committee report​

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unless the conference committee report has been made available to each member of the​

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conference committee and to the public for at least 12 hours not including the hours between​

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midnight and 7:00 a.m. The conference committee must provide an opportunity for public​

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testimony at the meeting in which it takes final action on adopting a conference committee​

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report.​

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Sec. 10. REPEALER.​
Minnesota Statutes 2016, section 3.055, is repealed.​
Sec. 11. EFFECTIVE DATE.​

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This act is effective January 1, 2018, and, notwithstanding Minnesota Statutes, section​

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13.03, subdivision 9, sections 2 to 4 apply to data collected, created, or received on or after​

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that date.​

Sec. 11.​

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 APPENDIX​
Repealed Minnesota Statutes: HF1065-0​

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.​

1R​