HF 3792

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

A bill for an act
relating to government data practices; modifying the calculation of fees for
copies of government data; amending Minnesota Statutes 2005 Supplement,
section 13.03, subdivision 3.

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

Section 1.

Minnesota Statutes 2005 Supplement, 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 new text begin and reasonable
new text end 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.
However, if deleted text begin 100 or fewer pages of deleted text end black and white, letter or legal size paper copies are
requested new text begin and there are no identifiable additional costs new text end , actual costs shall not be used, and
instead, the responsible authority may charge no more than 25 cents for each page copied.
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 government entity, 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 government entity 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 government entity 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.