HF 2596

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; classifying specific 
  1.3             location data; amending Minnesota Statutes 2002, 
  1.4             section 13.7931, by adding a subdivision; proposing 
  1.5             coding for new law in Minnesota Statutes, chapter 84. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 13.7931, is 
  1.8   amended by adding a subdivision to read: 
  1.9      Subd. 1a.  [SPECIFIC LOCATION DATA.] Specific location data 
  1.10  are classified under section 84.0872. 
  1.11     Sec. 2.  [84.0872] [SPECIFIC LOCATION DATA.] 
  1.12     Subdivision 1.  [DEFINITION; GENERAL CLASSIFICATION.] As 
  1.13  used in this section, "specific location data" means data that 
  1.14  would enable persons to locate the protected wild animal or 
  1.15  endangered, threatened, or special concern plant or animal 
  1.16  identified by the data.  Specific location data are public data 
  1.17  unless otherwise classified in this section. 
  1.18     Subd. 2.  [NONPUBLIC DATA.] Specific location data procured 
  1.19  by the Department of Natural Resources that identify protected 
  1.20  wild animals, as defined under section 97A.015, subdivision 39, 
  1.21  or species that are designated endangered, threatened, or of 
  1.22  special concern under section 84.0895, subdivision 3, may be 
  1.23  classified by the commissioner as nonpublic data if disclosure 
  1.24  is likely to: 
  1.25     (1) hinder management, propagation, or research; 
  2.1      (2) facilitate unfair chase or illegal taking, transport, 
  2.2   or sale; or 
  2.3      (3) decrease the likelihood of establishing a protected 
  2.4   wild animal or bringing an endangered, threatened, or special 
  2.5   concern species to a point at which it is no longer endangered, 
  2.6   threatened, or of special concern. 
  2.7      Subd. 3.  [DISCLOSURE.] (a) The commissioner may disclose 
  2.8   data classified as nonpublic under subdivision 2 to a person, an 
  2.9   agency, or the public if the commissioner determines that the 
  2.10  disclosure will promote public benefit by: 
  2.11     (1) aiding the environmental review process; 
  2.12     (2) aiding research, education, or conservation planning; 
  2.13  or 
  2.14     (3) providing information to landowners about locations 
  2.15  occurring on the landowners' property, if provision of the 
  2.16  information will promote protection of the resource. 
  2.17     (b) Notwithstanding section 13.05, subdivision 12, the 
  2.18  commissioner may ask a person to state a reason for or to 
  2.19  justify a request to gain access to specific location data.