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HF 2167

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 06/21/2017 11:01am

KEY: stricken = removed, old language. underscored = added, new language.

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A bill for an act
relating to data practices; clarifying application of government data practices act
to parties contracting with a government entity; amending Minnesota Statutes
2012, section 13.05, subdivision 11.

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

Section 1.

Minnesota Statutes 2012, section 13.05, subdivision 11, is amended to read:


Subd. 11.

Privatization.

(a) If a government entity enters into a contract with a
private person to perform any of its functions, the government entity shall include in the
contract terms that make it clear that
all of the data created, collected, received, stored,
used, maintained, or disseminated by the private person in performing those functions
is subject to the requirements of this chapter and that the private person must comply
with those requirements as if it were a government entity. All contracts entered into
by a government entity must include a notice that the requirements of this subdivision
apply to the contract. Failure to include the notice in the contract does not invalidate the
application of this subdivision.
The remedies in section 13.08 apply to the private person
under this subdivision.

(b) This subdivision does not create a duty on the part of the private person to
provide access to public data to the public if the public data are available from the
government entity, except as required by the terms of the contract.

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