HF 1204

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to government data practices; classifying
certain data of the Department of Transportation;
amending Minnesota Statutes 2004, section 13.72, by
adding subdivisions.

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

Section 1.

Minnesota Statutes 2004, section 13.72, is
amended by adding a subdivision to read:

new text begin Subd. 11. new text end

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

new text begin When the
Department of Transportation undertakes a design-build
transportation project as defined in section 161.3410,
subdivision 6, 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.
new text end

Sec. 2.

Minnesota Statutes 2004, section 13.72, is amended
by adding a subdivision to read:

new text begin Subd. 12. new text end

new text begin Mediation data. new text end

new text begin All data received, created, or
maintained by the commissioner of transportation or staff during
the course of providing mediation services to employees are
classified as nonpublic data with regard to data not on
individuals and private data on individuals.
new text end

Sec. 3.

Minnesota Statutes 2004, section 13.72, is amended
by adding a subdivision to read:

new text begin Subd. 13. new text end

new text begin Transportation department data. new text end

new text begin When the
commissioner of transportation determines that the design-build
best value method of project delivery is appropriate for a
project under sections 161.3410 to 161.3428, project
right-of-way work maps, acquisition plat maps, relocation
reports, computations for relocation supplements, computations
for replacement housing, planimetric files, digital terrain
models, preliminary design drawings, and other data deemed by
the commissioner as necessary to preserve the design-build
process integrity are classified as protected nonpublic data
with regard to data not on individuals and confidential data on
individuals until the department publishes the data as part of
the request for proposal process. The commissioner may release
design-build data to counties, cities, and other parties under
contract to a government entity as necessary to facilitate
project development. The released data retain their
classification as protected nonpublic data with regard to data
not on individuals and confidential data on individuals as
provided by section 13.03, subdivision 4, paragraph (c), until
the department publishes the data as part of the request for
proposal process.
new text end

Sec. 4.

Minnesota Statutes 2004, section 13.72, is amended
by adding a subdivision to read:

new text begin Subd. 14. new text end

new text begin Account data. new text end

new text begin The following data pertaining to
applicants for or users of toll facilities, and high-occupancy
vehicle lanes for which a user fee is charged under section
169.03, are classified as nonpublic data with regard to data not
on individuals and as private data with regard to data on
individuals: data contained in applications for the purchase,
lease, or rental of a device such as an electronic vehicle
transponder which automatically assesses charges for a vehicle's
use of toll roads; personal and vehicle identification data;
financial and credit data; and toll road usage data. Nothing in
this subdivision prohibits the production of summary data as
defined in section 13.02, subdivision 19.
new text end

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 4 are effective the day following final
enactment.
new text end