HF 1986

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to government data practices; providing for
classification and dissemination of security
information and certain data; amending Minnesota
Statutes 2004, sections 13.37, subdivisions 1, 2, 3;
13.591, by adding subdivisions; 16C.06, subdivision 5.

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

Section 1.

Minnesota Statutes 2004, section 13.37,
subdivision 1, is amended to read:

Subdivision 1.

Definitions.

As used in this section, the
following terms have the meanings given them.

(a) "Security information" means government data the
disclosure of which would be likely to substantially jeopardize
the security of information, possessions, individuals or
property against theft, tampering, improper use, attempted
escape, illegal disclosure, trespass, or physical injury.
"Security information" includes crime prevention block maps and
lists of volunteers who participate in community crime
prevention programs and their home addresses and telephone
numbers.

(b) "Trade secret information" means government data,
including a formula, pattern, compilation, program, device,
method, technique or process (1) that was supplied by the
affected individual or organization, (2) that is the subject of
efforts by the individual or organization that are reasonable
under the circumstances to maintain its secrecy, and (3) that
derives independent economic value, actual or potential, from
not being generally known to, and not being readily
ascertainable by proper means by, other persons who can obtain
economic value from its disclosure or use.

(c) "Labor relations information" means management
positions on economic and noneconomic items that have not been
presented during the collective bargaining process or interest
arbitration, including information specifically collected or
created to prepare the management position.

(d) "Parking space leasing data" means the following
government data on an applicant for, or lessee of, a parking
space: residence address, home telephone number, beginning and
ending work hours, place of employment, work telephone number,
and location of the parking space.

deleted text begin (e) "Internal competitive proposal" means a proposal to
provide government services that is prepared by the staff of a
political subdivision in competition with proposals solicited by
the political subdivision from the private sector.
deleted text end

Sec. 2.

Minnesota Statutes 2004, section 13.37,
subdivision 2, is amended to read:

Subd. 2.

Classification.

The following government data
is classified as nonpublic data with regard to data not on
individuals, pursuant to section 13.02, subdivision 9, and as
private data with regard to data on individuals, pursuant to
section 13.02, subdivision 12: Security information; trade
secret information; sealed absentee ballots prior to opening by
an election judge; sealed bids, including the number of bids
received, prior to the opening of the bids; deleted text begin internal competitive
proposals prior to the time specified by a political subdivision
for the receipt of private sector proposals for the services;
deleted text end parking space leasing data; and labor relations information,
provided that specific labor relations information which relates
to a specific labor organization is classified as protected
nonpublic data pursuant to section 13.02, subdivision 13.

Sec. 3.

Minnesota Statutes 2004, section 13.37,
subdivision 3, is amended to read:

Subd. 3.

Data dissemination.

new text begin (a) new text end Crime prevention block
maps and names, home addresses, and telephone numbers of
volunteers who participate in community crime prevention
programs may be disseminated to volunteers participating in
crime prevention programs. The location of a National Night Out
event is public data.

new text begin (b) A government entity may make security information
accessible to any person, entity, or the public if the
government entity determines that the access will aid public
health, promote public safety, or assist law enforcement.
new text end

Sec. 4.

Minnesota Statutes 2004, section 13.591, is
amended by adding a subdivision to read:

new text begin Subd. 4. new text end

new text begin Classification of evaluative data; data
sharing. new text end

new text begin (a) Data created or maintained by a government entity
as part of the selection or evaluation process are protected
nonpublic until completion of the selection process or
completion of the evaluation process at which time the data are
public with the exception of trade secret data as defined and
classified in section 13.37.
new text end

new text begin (b) If a state agency asks employees of other state
agencies to assist with the selection of the responses to a
request for bid or the evaluation of responses to a request for
proposal, the state agency may share not public data in the
responses with those employees. The employees participating in
the selection or evaluation may not further disseminate the not
public data they review.
new text end

Sec. 5.

Minnesota Statutes 2004, section 13.591, is
amended by adding a subdivision to read:

new text begin Subd. 5. new text end

new text begin Internal competitive response. new text end

new text begin (a) For purposes
of this subdivision, "internal competitive response" means a bid
or proposal to provide government goods or services that is
prepared by the staff of a government entity in competition with
bids or proposals solicited by (1) the same government entity
from the private sector or (2) a different government entity
from the private sector.
new text end

new text begin (b) Data in an internal competitive response is classified
as private or nonpublic until completion of the selection
process or completion of the evaluation process at which time
the data is public with the exception of trade secret data as
defined and classified in section 13.37.
new text end

Sec. 6.

Minnesota Statutes 2004, section 16C.06,
subdivision 5, is amended to read:

Subd. 5.

State as responder.

The head of an agency, in
consultation with the requesting agency and the commissioner,
may respond to a solicitation or request if the goods and
services meet the needs of the requesting agency and provide the
state with the best value. When an agency responds to a
solicitation, all work product relating to the response is
deleted text begin nonpublic data as defined in section 13.02, and shall become
public information in accordance with subdivision 3 deleted text end new text begin classified
by section 13.591, subdivision 5 new text end .