1.1 	A bill for an act
1.2 	relating to government data practices; classifying
1.3 	certain data of the Department of Transportation;
1.4 	amending Minnesota Statutes 2004, section 13.72, by
1.5 	adding subdivisions.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2004, section 13.72, is
1.8 	amended by adding a subdivision to read:
1.9 		Subd. 11.Design-build transportation project. When the
1.10 	Department of Transportation undertakes a design-build
1.11 	transportation project as defined in section 161.3410,
1.12 	subdivision 6, the statement of qualification evaluation
1.13 	criteria and scoring methodology, statement of qualification
1.14 	evaluations, technical proposal evaluation criteria and scoring
1.15 	methodology, and technical proposal evaluations are classified
1.16 	as protected nonpublic data with regard to data not on
1.17 	individuals and as confidential data on individuals.  The
1.18 	statement of qualification evaluation criteria and scoring
1.19 	methodology and statement of qualification evaluations are
1.20 	public when the Department of Transportation announces the short
1.21 	list of qualified contractors.  The technical proposal
1.22 	evaluation criteria, scoring methodology, and technical proposal
1.23 	evaluations are public when the project is awarded.

1.24 	Sec. 2. Minnesota Statutes 2004, section 13.72, is amended
1.25 	by adding a subdivision to read:
2.1 		Subd. 12.Mediation data. All data received, created, or
2.2 	maintained by the commissioner of transportation or staff during
2.3 	the course of providing mediation services to employees are
2.4 	classified as nonpublic data with regard to data not on
2.5 	individuals and private data on individuals.

2.6 	Sec. 3. Minnesota Statutes 2004, section 13.72, is amended
2.7 	by adding a subdivision to read:
2.8 		Subd. 13.Transportation department data. When the
2.9 	commissioner of transportation determines that the design-build
2.10 	best value method of project delivery is appropriate for a
2.11 	project under sections 161.3410 to 161.3428, project
2.12 	right-of-way work maps, acquisition plat maps, relocation
2.13 	reports, computations for relocation supplements, computations
2.14 	for replacement housing, planimetric files, digital terrain
2.15 	models, preliminary design drawings, and other data deemed by
2.16 	the commissioner as necessary to preserve the design-build
2.17 	process integrity are classified as protected nonpublic data
2.18 	with regard to data not on individuals and confidential data on
2.19 	individuals until the department publishes the data as part of
2.20 	the request for proposal process.  The commissioner may release
2.21 	design-build data to counties, cities, and other parties under
2.22 	contract to a government entity as necessary to facilitate
2.23 	project development.  The released data retain their
2.24 	classification as protected nonpublic data with regard to data
2.25 	not on individuals and confidential data on individuals as
2.26 	provided by section 13.03, subdivision 4, paragraph (c), until
2.27 	the department publishes the data as part of the request for
2.28 	proposal process.

2.29 	Sec. 4. Minnesota Statutes 2004, section 13.72, is amended
2.30 	by adding a subdivision to read:
2.31 		Subd. 14.Account data. The following data pertaining to
2.32 	applicants for or users of toll facilities, and high-occupancy
2.33 	vehicle lanes for which a user fee is charged under section
2.34 	169.03, are classified as nonpublic data with regard to data not
2.35 	on individuals and as private data with regard to data on
2.36 	individuals:  data contained in applications for the purchase,
3.1 	lease, or rental of a device such as an electronic vehicle
3.2 	transponder which automatically assesses charges for a vehicle's
3.3 	use of toll roads; personal and vehicle identification data;
3.4 	financial and credit data; and toll road usage data.  Nothing in
3.5 	this subdivision prohibits the production of summary data as
3.6 	defined in section 13.02, subdivision 19.

3.7 	Sec. 5. EFFECTIVE DATE.
 3.8 	Sections 1 to 4 are effective the day following final
3.9 	enactment.