HF 1130

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to government data practices; providing a
maximum copy fee for certain copies of data; amending
Minnesota Statutes 2004, section 13.03, subdivision 3.

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

Section 1.

Minnesota Statutes 2004, section 13.03,
subdivision 3, is amended to read:

Subd. 3.

Request for access to data.

(a) Upon request to
a responsible authority or designee, a person shall be permitted
to inspect and copy public government data at reasonable times
and places, and, upon request, shall be informed of the data's
meaning. If a person requests access for the purpose of
inspection, the responsible authority may not assess a charge or
require the requesting person to pay a fee to inspect data.

(b) For purposes of this section, "inspection" includes,
but is not limited to, the visual inspection of paper and
similar types of government data. Inspection does not include
printing copies by the government entity, unless printing a copy
is the only method to provide for inspection of the data. In
the case of data stored in electronic form and made available in
electronic form on a remote access basis to the public by the
government entity, inspection includes remote access to the data
by the public and the ability to print copies of or download the
data on the public's own computer equipment. Nothing in this
section prohibits a government entity from charging a reasonable
fee for remote access to data under a specific statutory grant
of authority. A government entity may charge a fee for remote
access to data where either the data or the access is enhanced
at the request of the person seeking access.

(c) The responsible authority or designee shall provide
copies of public data upon request. If a person requests copies
or electronic transmittal of the data to the person, the
responsible authority may require the requesting person to pay
the actual costs of searching for and retrieving government
data, including the cost of employee time, and for making,
certifying, compiling, and electronically transmitting the
copies of the data or the data, but may not charge for
separating public from not public data. new text begin However, if 300 or
fewer paper copies are requested, actual costs shall not be
used, and instead the responsible authority may assess a set fee
per copy, which shall not exceed .. cents for each page. new text end If the
responsible authority or designee is not able to provide copies
at the time a request is made, copies shall be supplied as soon
as reasonably possible.

(d) When a request under this subdivision involves any
person's receipt of copies of public government data that has
commercial value and is a substantial and discrete portion of or
an entire formula, pattern, compilation, program, device,
method, technique, process, database, or system developed with a
significant expenditure of public funds by the agency, the
responsible authority may charge a reasonable fee for the
information in addition to the costs of making, certifying, and
compiling the copies. Any fee charged must be clearly
demonstrated by the agency to relate to the actual development
costs of the information. The responsible authority, upon the
request of any person, shall provide sufficient documentation to
explain and justify the fee being charged.

(e) The responsible authority of a state agency, statewide
system, or political subdivision that maintains public
government data in a computer storage medium shall provide to
any person making a request under this section a copy of any
public data contained in that medium, in electronic form, if the
government entity can reasonably make the copy or have a copy
made. This does not require a government entity to provide the
data in an electronic format or program that is different from
the format or program in which the data are maintained by the
government entity. The entity may require the requesting person
to pay the actual cost of providing the copy.

(f) If the responsible authority or designee determines
that the requested data is classified so as to deny the
requesting person access, the responsible authority or designee
shall inform the requesting person of the determination either
orally at the time of the request, or in writing as soon after
that time as possible, and shall cite the specific statutory
section, temporary classification, or specific provision of
federal law on which the determination is based. Upon the
request of any person denied access to data, the responsible
authority or designee shall certify in writing that the request
has been denied and cite the specific statutory section,
temporary classification, or specific provision of federal law
upon which the denial was based.