HF 2481

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to government data practices; modifying 
  1.3             charges allowable for copies of government data; 
  1.4             limiting copyright of data; limiting authority of 
  1.5             local governments to disseminate private or 
  1.6             confidential data; prohibiting monitoring of citizens 
  1.7             requesting access to public data; requiring government 
  1.8             entities to have a data practices compliance officer; 
  1.9             providing for administrative remedies; amending 
  1.10            Minnesota Statutes 1998, sections 13.03, subdivisions 
  1.11            3 and 5; and 13.05, subdivision 3, and by adding 
  1.12            subdivisions; proposing coding for new law in 
  1.13            Minnesota Statutes, chapter 13. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 1998, section 13.03, 
  1.16  subdivision 3, is amended to read: 
  1.17     Subd. 3.  [REQUEST FOR ACCESS TO DATA.] Upon request to a 
  1.18  responsible authority or designee, a person shall be permitted 
  1.19  to inspect and copy public government data at reasonable times 
  1.20  and places, and, upon request, shall be informed of the data's 
  1.21  meaning.  If a person requests access for the purpose of 
  1.22  inspection, the responsible authority may not assess a charge or 
  1.23  require the requesting person to pay a fee to inspect data.  The 
  1.24  responsible authority or designee shall provide copies of public 
  1.25  data upon request.  If a person requests copies or electronic 
  1.26  transmittal of the data to the person, the responsible authority 
  1.27  may require the requesting person to pay only the actual 
  1.28  marginal costs of searching for and retrieving government data, 
  1.29  including the cost of employee time, and for making, certifying, 
  2.1   compiling, and electronically transmitting providing the copies 
  2.2   of the data or the data, unless a statute clearly authorizes 
  2.3   assessment of any additional fee, but may not charge for 
  2.4   separating public from not public data.  For purposes of this 
  2.5   section, "marginal cost" means only the actual cost of making 
  2.6   the copies themselves, excluding any costs associated with 
  2.7   labor, overhead, or development costs.  If the responsible 
  2.8   authority or designee is not able to provide copies at the time 
  2.9   a request is made, copies shall be supplied as soon as 
  2.10  reasonably possible. 
  2.11     When a request under this subdivision involves any person's 
  2.12  receipt of copies of public government data that has commercial 
  2.13  value and is a substantial and discrete portion of or an entire 
  2.14  formula, pattern, compilation, program, device, method, 
  2.15  technique, process, database, or system developed with a 
  2.16  significant expenditure of public funds by the agency, the 
  2.17  responsible authority may charge a reasonable fee for the 
  2.18  information in addition to the costs of making, certifying, and 
  2.19  compiling the copies.  Any fee charged must be clearly 
  2.20  demonstrated by the agency to relate to the actual development 
  2.21  costs of the information.  The responsible authority, upon the 
  2.22  request of any person, shall provide sufficient documentation to 
  2.23  explain and justify the fee being charged.  The responsible 
  2.24  authority of a state agency, statewide system, or political 
  2.25  subdivision that maintains public government data in a computer 
  2.26  storage medium shall provide to any person making a request 
  2.27  under this section a copy of any public data contained in that 
  2.28  medium, in electronic form, if the government agency can 
  2.29  reasonably make the copy or have a copy made.  The agency may 
  2.30  require the requesting person to pay the marginal cost of 
  2.31  providing the copy.  
  2.32     If the responsible authority or designee determines that 
  2.33  the requested data is classified so as to deny the requesting 
  2.34  person access, the responsible authority or designee shall 
  2.35  inform the requesting person of the determination either orally 
  2.36  at the time of the request, or in writing as soon after that 
  3.1   time as possible, and shall cite the specific statutory section, 
  3.2   temporary classification, or specific provision of federal law 
  3.3   on which the determination is based.  Upon the request of any 
  3.4   person denied access to data, the responsible authority or 
  3.5   designee shall certify in writing that the request has been 
  3.6   denied and cite the specific statutory section, temporary 
  3.7   classification, or specific provision of federal law upon which 
  3.8   the denial was based.  
  3.9      Sec. 2.  Minnesota Statutes 1998, section 13.03, 
  3.10  subdivision 5, is amended to read: 
  3.11     Subd. 5.  [COPYRIGHT OR PATENT OF COMPUTER PROGRAM OF 
  3.12  GOVERNMENT DATA.] Nothing in this chapter or any other statute 
  3.13  shall be construed to prevent A state agency, statewide system, 
  3.14  or political subdivision from acquiring may acquire a copyright 
  3.15  or patent for a computer software program or components of a 
  3.16  program created by that government agency.  In the event that a 
  3.17  government agency does acquire a patent or copyright to a 
  3.18  computer software program or component of a program, the data 
  3.19  shall be treated as trade secret information pursuant to section 
  3.20  13.37.  A state agency, statewide system, or political 
  3.21  subdivision may not copyright any other types of government data 
  3.22  unless the state agency, statewide system, or political 
  3.23  subdivision has obtained legislative approval for the copyright. 
  3.24     Sec. 3.  Minnesota Statutes 1998, section 13.05, 
  3.25  subdivision 3, is amended to read: 
  3.26     Subd. 3.  [GENERAL STANDARDS FOR COLLECTION AND STORAGE.] 
  3.27  Collection and, storage, and use of all data on individuals and 
  3.28  the use and dissemination of private and confidential data on 
  3.29  individuals shall be is limited to that necessary for the 
  3.30  administration and management of programs specifically 
  3.31  authorized by the legislature or local governing body or 
  3.32  mandated by the federal government.  Dissemination of private or 
  3.33  confidential data on individuals is limited to that necessary 
  3.34  for the administration and management of programs specifically 
  3.35  authorized by the legislature or mandated by the federal 
  3.36  government. 
  4.1      Sec. 4.  Minnesota Statutes 1998, section 13.05, is amended 
  4.2   by adding a subdivision to read: 
  4.3      Subd. 11.  [MONITORING OF CITIZENS.] Unless specifically 
  4.4   authorized by statute, state agencies, statewide systems, and 
  4.5   political subdivisions may not require citizens to identify 
  4.6   themselves, state a reason for, or justify a request to gain 
  4.7   access to public government data.  A citizen may be asked to 
  4.8   provide certain identifying information for the sole purpose of 
  4.9   facilitating access to the data. 
  4.10     Sec. 5.  Minnesota Statutes 1998, section 13.05, is amended 
  4.11  by adding a subdivision to read: 
  4.12     Subd. 12.  [DATA PRACTICES COMPLIANCE OFFICER.] By December 
  4.13  1, 2000, each responsible authority or other appropriate 
  4.14  authority in every government entity shall appoint or designate 
  4.15  an employee of the government entity to act as the entity's data 
  4.16  practices compliance officer.  The data practices compliance 
  4.17  officer shall assure that the government entity complies with 
  4.18  this chapter.  By January 15, 2001, the responsible authority or 
  4.19  other appropriate authority in every government entity shall 
  4.20  report, in a form prescribed by the commissioner, the name of 
  4.21  the individual designated as the data practices compliance 
  4.22  officer.  Whenever the government entity makes a change in the 
  4.23  individual assigned to the position of data practices compliance 
  4.24  officer, it shall report that change to the commissioner.  Each 
  4.25  biennial budget session, the commissioner shall report to the 
  4.26  appropriate finance committees of the legislature on the 
  4.27  progress of government entities in assuring compliance with this 
  4.28  subdivision. 
  4.29     Sec. 6.  [13.081] [ADMINISTRATIVE REMEDIES.] 
  4.30     Subdivision 1.  [COMPLAINTS.] Any person who believes that 
  4.31  a government entity is not in compliance with this chapter may 
  4.32  file a complaint with the commissioner.  The commissioner shall 
  4.33  specify the form of the complaint.  The commissioner shall 
  4.34  conduct an investigation to determine whether the complaint is 
  4.35  valid.  If the commissioner determines the complaint is not 
  4.36  valid, the commissioner shall dismiss the complaint and so 
  5.1   inform the person who filed the complaint and the government 
  5.2   entity that was the subject of the complaint.  If the 
  5.3   commissioner determines the complaint is valid, the commissioner 
  5.4   may take any of the actions under subdivision 2 or 3 to resolve 
  5.5   the complaint. 
  5.6      Subd. 2.  [INFORMAL RESOLUTION OF COMPLAINT.] The 
  5.7   commissioner may attempt to resolve a complaint informally or, 
  5.8   with the consent of both parties, refer the matter to an 
  5.9   alternative dispute resolution process and use the services of 
  5.10  the office of dispute resolution or the office of administrative 
  5.11  hearings to arbitrate or mediate the dispute.  
  5.12     Subd. 3.  [FORMAL RESOLUTION OF COMPLAINT.] (a) The 
  5.13  commissioner may refer a complaint to the office of 
  5.14  administrative hearings for formal resolution.  A complaint 
  5.15  referred by the commissioner must be heard as a contested case, 
  5.16  except that the report of the administrative law judge is 
  5.17  binding on all parties to the proceeding and, if appropriate, 
  5.18  must be implemented by an order as provided for below.  The 
  5.19  hearing must be conducted at a place designated by the 
  5.20  commissioner within the county where the alleged violation 
  5.21  occurred or where the complainant resides or has a principal 
  5.22  place of business.  The hearing must be conducted under sections 
  5.23  14.57 to 14.62, and is subject to appeal under sections 14.63 to 
  5.24  14.68. 
  5.25     (b) The administrative law judge shall make findings of 
  5.26  fact and conclusions of law and, if the administrative law judge 
  5.27  finds that the government entity has violated this chapter, the 
  5.28  administrative law judge shall issue an order directing the 
  5.29  government entity to take affirmative action as in the judgment 
  5.30  of the administrative law judge will effectuate the purposes of 
  5.31  this chapter.  The order is a final decision of the 
  5.32  commissioner.  If the administrative law judge determines that 
  5.33  the government entity's failure to comply with this chapter has 
  5.34  caused damage to the complainant, the administrative law judge 
  5.35  may also order the government entity to pay any actual damages, 
  5.36  including damages for mental anguish and suffering.