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S.F. No. 2403 - Data Practices and Open Meeting Law (First Engrossment)
 
Author: Senator Warren Limmer
 
Prepared By:
 
Date: April 19, 2012



 

Section 1 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 2 combines government entity obligation provisions that appear in different sections of current law into one section.

Section 3 removes a requirement that public access procedures be updated every year by August 1.

Section 4 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 5 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 6 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 7 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 8 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.

Sections 9 and 10 amend the personnel data statute to move language governing employee suggestion data from the definition of “personnel data” into a separate subdivision.

Section 11 amends the personnel data statute to provide that the personal telephone number, home address, and e-mail address of an employee of a contractor or subcontractor doing business with a government entity are private data.

Section 12 amends the statute governing data on applicants for appointment that are public to make it consistent with the personnel data statute.

Section 13 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 14 amends the Open Meeting Law to clarify that the ten-day Web posting requirement for statewide bodies applies only to regular meetings. 

Section 15 amends the Department of Natural Resources electronic licensing data statute to expand the persons who have access to data. 

Section 16 repeals current laws that are replaced by the new provisions governing the obligations of responsible authorities contained in sections 2 and 3.

KP:rer

 
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