HF 798

as introduced - 88th Legislature (2013 - 2014) Posted on 03/18/2013 07:45pm

A bill for an act
relating to transportation; data practices; classifying certain Minnesota road use
test participation data; classifying certain construction manager and general
contractor contract data; amending Minnesota Statutes 2012, section 13.72, by
adding subdivisions.

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

Section 1.

Minnesota Statutes 2012, section 13.72, is amended by adding a subdivision
to read:

new text begin Subd. 18. new text end

new text begin Mileage-based user fees. new text end

new text begin (a) The following data pertaining to
participation in the Minnesota road use test, as required by Laws 2007, chapter 143,
article 1, section 3, subdivision 3, paragraph (a), clause (1), are classified as nonpublic
or private data:
new text end

new text begin (1) names of participants, participants' contact information, and data contained in
applications for participation in the Minnesota road use test;
new text end

new text begin (2) applications for the purchase, lease, or rental of the GPS navigation device;
new text end

new text begin (3) participants' vehicle identification data;
new text end

new text begin (4) financial and credit data; and
new text end

new text begin (5) participants' road usage data.
new text end

new text begin (b) Nothing in this section prohibits the production of summary data, as defined in
section 13.02, subdivision 19, as it pertains to types of vehicles used and road usage
data, as long as the participants' identities or any other characteristic that could uniquely
identify participants are not ascertainable.
new text end

new text begin (c) Notwithstanding section 13.03, subdivision 6, the Department of Transportation
shall only produce the data made not public under this subdivision to federal, state, and
local law enforcement authorities acting pursuant to a valid probable cause search warrant.
new text end

Sec. 2.

Minnesota Statutes 2012, section 13.72, is amended by adding a subdivision to
read:

new text begin Subd. 19. new text end

new text begin Construction manager/general contractor data. new text end

new text begin (a) When the
Department of Transportation undertakes a construction manager/general contractor
contract, as defined and authorized in sections 161.3207 to 161.3209, the provisions
of this subdivision apply.
new text end

new text begin (b) When the commissioner of transportation solicits a request for qualifications:
new text end

new text begin (1) the following data are classified as protected nonpublic:
new text end

new text begin (i) the statement of qualifications scoring evaluation manual; and
new text end

new text begin (ii) the statement of qualifications evaluations;
new text end

new text begin (2) the statement of qualifications submitted by a potential construction
manager/general contractor is classified as nonpublic data; and
new text end

new text begin (3) identifying information concerning the members of the Technical Review
Committee is classified as private data.
new text end

new text begin (c) When the commissioner of transportation announces the short list of qualified
construction managers/general contractors, the following data become public:
new text end

new text begin (1) the statement of qualifications scoring evaluation manual; and
new text end

new text begin (2) the statement of qualifications evaluations.
new text end

new text begin (d) When the commissioner of transportation solicits a request for proposals:
new text end

new text begin (1) the proposal scoring manual is classified as protected nonpublic data; and
new text end

new text begin (2) the following data are classified as nonpublic data:
new text end

new text begin (i) the proposals submitted by a potential construction manager/general contractor;
and
new text end

new text begin (ii) the proposal evaluations.
new text end

new text begin (e) When the commissioner of transportation has completed the ranking of proposals
and announces the selected construction manager/general contractor, the proposal
evaluation score or rank and proposal evaluations become public data.
new text end

new text begin (f) When the commissioner of transportation conducts contract negotiations
with a construction manager/general contractor, government data created, collected,
stored, and maintained during those negotiations are nonpublic data until a construction
manager/general contractor contract is fully executed.
new text end

new text begin (g) When the construction manager/general contractor contract is fully executed or
when the commissioner of transportation decides to use another contract procurement
process, other than the construction manager/general contractor authority, authorized
under section 161.3209, subdivision 3, paragraph (b), all remaining data not already made
public under this subdivision becomes public.
new text end

new text begin (h) If the commissioner of transportation rejects all responses to a request for
proposals before a construction manager/general contractor contract is fully executed, all
data, other than that data made public under this subdivision, retains its classification
until a resolicitation of the request for proposals results in a fully executed construction
manager/general contractor contract or a determination is made to abandon the project. If
a resolicitation of proposals does not occur within one year of the announcement of the
request for proposals, the remaining data becomes public.
new text end