MNCOGI endorsed bills/concepts for 2018 Legislative Session

Posted by: on Mar 2, 2018 | No Comments

• HF 3258; HF 3259; HF 2309/SF 1589 – Implementing recommendations of the Data Practices Commission
HF 3258 and HF 3259 improve auditing for license plate readers and body-worn cameras by requiring audits to be conducted by an independent, third-party vendor.  HF 2309/SF 1589 clarify reporting requirements related to the use of location tracking warrants.

• HF 1185/SF 1719 – Three-year e-mail retention
Removes references to “official” records and reconciles the language of 15.17 and 138.17 with Chapter 13 (the Data Practices Act). The Minnesota Supreme Court’s reading of the word “official” in Minn. Stat. 15.17 (in the Kottscahde v. Lundberg opinion) has been used to narrow the types of records that must be retained by government entities. The effect of the proposed change would be to require that all government data be placed on a retention schedule that specifies the length of time it must be maintained for. Recently, some government entities (including the City of Saint Paul and Hennepin County) have started to destroy e-mails that contain data useful for government oversight.  A three-year retention period for government correspondence (including e-mail) is established.

• HF 1105/SF 1715 – Change to the Open Meeting Law
In 2016, the Saint Paul School Board sought to hold “collaborative problem solving” meetings in private, outside of the coverage of Minnesota’s Open Meeting Law – meaning that the public could not attend the sessions. The school district sought – and secured – an advisory opinion allowing the private meetings to occur, so long as “official business” was not discussed.  The Minneapolis School Board has followed suit, and closed one “leadership development” session to the public in 2017. Out of concern that these private sessions may be abused, MNCOGI seeks to amend Minnesota’s Open Meeting Law to ensure that the public is granted access to gatherings of a quorum or more members of a governing body.

• HF 1316 – Government cannot use “personnel data” exception to limit access to otherwise public video
Amends Minnesota Statutes 13.43 to specify that certain video recordings of government employees continue to be public data even when classified as “personnel data.”  The bill is a response to the Minnesota Supreme Court’s decision in the KSTP TV v. Metropolitan Council case.

• HF 2065/SF 1517 – Permitting access to certain HMO quality of care records by complainant
Amends the HMO quality of care investigation statute to ensure access by the complainant to records of resolved complaints.

• HF 857/SF 817 – Data Practices Commission to study expanding access to legislative records
Directing the Data Practices Commission to study the possibility of establishing an open records framework for the Minnesota Legislature.

• HF 2954; HF 1065/SF 1393 – Legislative open records framework
Open records frameworks established for the Minnesota Legislature, including amending the Data Practices Act.

• MNCOGI supports the Rep. Lesch/Rep. O’Neill proposal to change the House rules as they relate to investigations of sexual harassment
MNCOGI supports the public reporting and public process provisions of the procedural changes to the House rules proposed by Reps. Lesch and O’Neill.

• MNCOGI encourages legislators to work to improve enforcement of the Data Practices Act