SF 1149

2nd Engrossment - 87th Legislature (2011 - 2012) Posted on 03/06/2012 02:53pm

A bill for an act
relating to data practices; classifying data obtained for design-build transportation
projects; classifying certain data related to adopt-a-highway program; classifying
data related to mileage-based road users; modifying provisions related to traffic
accident data; amending Minnesota Statutes 2010, sections 13.72, subdivision
11, by adding subdivisions; 169.09, subdivision 13.

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

Section 1.

Minnesota Statutes 2010, section 13.72, subdivision 11, is amended to read:

Subd. 11.

Design-build transportation project new text begin data new text end .

new text begin (a) This subdivision
applies to government data of the Department of Transportation new text end when the deleted text begin Department deleted text end new text begin
commissioner new text end of transportation undertakes a design-build transportation project as defined
in section 161.3410, subdivision 6 deleted text begin , the statement of qualification evaluation criteria and
scoring methodology, statement of qualification evaluations, technical proposal evaluation
criteria and scoring methodology, and technical proposal evaluations are classified as
protected nonpublic data with regard to data not on individuals and as confidential
data on individuals. The statement of qualification evaluation criteria and scoring
methodology and statement of qualification evaluations are public when the Department
of Transportation announces the short list of qualified contractors. The technical proposal
evaluation criteria, scoring methodology, and technical proposal evaluations are public
when the project is awarded deleted text end .

new text begin (b) When the commissioner solicits a request for qualifications (RFQ), as defined in
section 161.3410, subdivision 9:
new text end

new text begin (1) the statement of qualifications evaluation criteria and scoring methodology,
identifying information concerning the members of the technical review committee, and
the statement of qualifications evaluations are confidential data on individuals or protected
nonpublic data; and
new text end

new text begin (2) the statement of qualifications submitted by a potential design-build firm, as
defined in section 161.3410, subdivision 4, is nonpublic data.
new text end

new text begin When the commissioner announces the short list of qualified design-build firms, the
statement of qualifications evaluation criteria and scoring methodology and the statement
of qualifications evaluations classified under clause (1) become public data.
new text end

new text begin (c) When the commissioner solicits a request for proposals (RFP), as defined in
section 161.3410, subdivision 8:
new text end

new text begin (1) the technical proposal; alternative technical concepts; preapproved elements;
price proposal; disadvantaged business enterprise and equal employment opportunity
submittal; and data used to evaluate the disadvantaged business enterprise and equal
employment opportunity submittal, are nonpublic data; and
new text end

new text begin (2) the technical proposal evaluation criteria and scoring methodology, and technical
proposal evaluations are protected nonpublic data.
new text end

new text begin (d) When the commissioner opens the price proposals under section 161.3426,
subdivision 1, paragraph (b):
new text end

new text begin (1) the technical proposal evaluation scores and the dollar amounts in the price
proposals become public data;
new text end

new text begin (2) the statement of qualifications submitted by a potential design-build firm;
the technical proposal; alternative technical concepts; preapproved elements; the
disadvantaged business enterprise and equal employment opportunity submittal; and data
used to evaluate the disadvantaged business enterprise and equal employment opportunity
submittal, remain nonpublic data until the project is awarded, with the exception of trade
secret data as defined and classified in section 13.37; and
new text end

new text begin (3) the technical proposal evaluation criteria and scoring methodology; technical
proposal evaluations, other than scores made public under clause (1); and identifying
information concerning the members of the technical review committee, remain protected
nonpublic data until the project is awarded.
new text end

new text begin (e) If all responses to a request for proposals are rejected before awarding the
project, data that do not become public under this subdivision retain their classification
until a resolicitation of the request for proposals results in award of the project 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 short list of qualified design-build firms,
all data under this subdivision become public.
new text end

Sec. 2.

Minnesota Statutes 2010, section 13.72, is amended by adding a subdivision to
read:

new text begin Subd. 17. new text end

new text begin Adopt-a-highway data. new text end

new text begin The following data on participants collected
by the Department of Transportation to administer the adopt-a-highway program are
classified as private data on individuals: home addresses, except for zip codes; home
e-mail addresses; and home telephone numbers.
new text end

Sec. 3.

Minnesota Statutes 2010, 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 fee data. new text end

new text begin The following data pertaining to users
of navigation software and recording devices used to determine mileage-based user fees
are private data on individuals or nonpublic 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. Notwithstanding section
13.03, subdivision 6, a law enforcement agency may obtain access to data that are not
public under this subdivision only pursuant to a search warrant based upon probable cause.
new text end

Sec. 4.

Minnesota Statutes 2010, section 169.09, subdivision 13, is amended to read:

Subd. 13.

Reports confidential; evidence, fee, penalty, appropriation.

(a) All
reports and supplemental information required under this section must be for the use
of the commissioner of public safety and other appropriate state, federal, county, and
municipal governmental agencies for accident analysis purposes new text begin and for the use of the
commissioner of transportation for the purpose of seeking restitution for damages to
state-owned infrastructure new text end , except:

(1) the commissioner of public safety or any law enforcement agency shall, upon
written request of any individual involved in an accident or upon written request of the
representative of the individual's estate, surviving spouse, or one or more surviving next
of kin, or a trustee appointed under section 573.02, or other person injured in person,
property, or means of support, or who incurs other pecuniary loss by virtue of the accident,
disclose to the requester, the requester's legal counsel, or a representative of the requester's
insurer the report required under subdivision 8;

(2) the commissioner of public safety shall, upon written request, provide the driver
filing a report under subdivision 7 with a copy of the report filed by the driver;

(3) the commissioner of public safety may verify with insurance companies vehicle
insurance information to enforce sections 65B.48, 169.792, 169.793, 169.796, and
169.797;

(4) the commissioner of public safety shall provide the commissioner of
transportation the information obtained for each traffic accident involving a commercial
motor vehicle, for purposes of administering commercial vehicle safety regulations; and

(5) the commissioner of public safety may give to the United States Department of
Transportation commercial vehicle accident information in connection with federal grant
programs relating to safety.

(b) Accident reports and data contained in the reports are not discoverable under any
provision of law or rule of court. No report shall be used as evidence in any trial, civil or
criminal, or any action for damages or criminal proceedings arising out of an accident.
However, the commissioner of public safety shall furnish, upon the demand of any person
who has or claims to have made a report or upon demand of any court, a certificate
showing that a specified accident report has or has not been made to the commissioner
solely to prove compliance or failure to comply with the requirements that the report be
made to the commissioner.

(c) Nothing in this subdivision prevents any individual who has made a report under
this section from providing information to any individuals involved in an accident or their
representatives or from testifying in any trial, civil or criminal, arising out of an accident,
as to facts within the individual's knowledge. It is intended by this subdivision to render
privileged the reports required, but it is not intended to prohibit proof of the facts to
which the reports relate.

(d) Disclosing any information contained in any accident report, except as provided
in this subdivision, section 13.82, subdivision 3 or 6, or other statutes, is a misdemeanor.

(e) The commissioner of public safety shall charge authorized persons as described
in paragraph (a) a $5 fee for a copy of an accident report. Ninety percent of the $5 fee
collected under this paragraph must be deposited in the special revenue fund and credited
to the driver services operating account established in section 299A.705 and ten percent
must be deposited in the general fund. The commissioner may also furnish an electronic
copy of the database of accident records, which must not contain personal or private data
on an individual, to private agencies as provided in paragraph (g), for not less than the cost
of preparing the copies on a bulk basis as provided in section 13.03, subdivision 3.

(f) The fees specified in paragraph (e) notwithstanding, the commissioner and law
enforcement agencies shall charge commercial users who request access to response or
incident data relating to accidents a fee not to exceed 50 cents per record. "Commercial
user" is a user who in one location requests access to data in more than five accident
reports per month, unless the user establishes that access is not for a commercial purpose.
Of the money collected by the commissioner under this paragraph, 90 percent must be
deposited in the special revenue fund and credited to the driver services operating account
established in section 299A.705 and ten percent must be deposited in the general fund.

(g) The fees in paragraphs (e) and (f) notwithstanding, the commissioner shall
provide an electronic copy of the accident records database to the public on a case-by-case
basis using the cost-recovery charges provided for under section 13.03, subdivision
3. The database provided must not contain personal or private data on an individual.
However, unless the accident records database includes the vehicle identification number,
the commissioner shall include the vehicle registration plate number if a private agency
certifies and agrees that the agency:

(1) is in the business of collecting accident and damage information on vehicles;

(2) will use the vehicle registration plate number only for identifying vehicles that
have been involved in accidents or damaged, to provide this information to persons
seeking access to a vehicle's history and not for identifying individuals or for any other
purpose; and

(3) will be subject to the penalties and remedies under sections 13.08 and 13.09.