SF 1166

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to data practices; classifying certain transportation department data;
amending Minnesota Statutes 2006, section 13.72, by adding subdivisions.

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

Section 1.

Minnesota Statutes 2006, section 13.72, is amended by adding a subdivision
to read:

new text begin Subd. 14. new text end

new text begin Market research data; classification. new text end

new text begin (a) Names, home addresses
except for zip codes, home e-mail addresses, and home telephone numbers obtained
for or received in response to a survey conducted by or on behalf of the Department of
Transportation are classified as private data on individuals.
new text end

new text begin (b) Business names, business addresses except for zip codes, business e-mail
addresses, and business telephone numbers obtained for or received in response to a
survey conducted by or on behalf of the Department of Transportation are classified
as nonpublic data.
new text end

Sec. 2.

Minnesota Statutes 2006, section 13.72, is amended by adding a subdivision to
read:

new text begin Subd. 15. new text end

new text begin Overhead rate data. new text end

new text begin Financial statements and lists of stockholders
provided to the commissioner of transportation by a consultant in order to establish its
overhead rate, and the schedule of audit adjustments and the overhead rate schedule
prepared by the Department of Transportation in order to establish the overhead rate for a
consultant are classified as nonpublic data or private data on individuals. The overhead
rate percentage is public data.
new text end

Sec. 3.

Minnesota Statutes 2006, section 13.72, is amended by adding a subdivision to
read:

new text begin Subd. 16. new text end

new text begin Bid escrow data. new text end

new text begin Bid documentation held in escrow by the Department
of Transportation is classified as nonpublic data. Any data on individuals in the bid
documentation are classified as private data on individuals. "Bid documentation" means
all writings, working papers, computer printout charts, and other data calculations used
by a contractor to determine its bid in bidding for a contract. The bid documentation
includes, but is not limited to, the contractor's costs for operating each piece of equipment
owned by the contractor, the contractor's overhead costs and its calculated overhead rate,
the contractor's pay rates for its employees, efficiency or productivity factors, arithmetic
extensions, and the rates and quotations from subcontractors and material suppliers to
the extent that the rates and quotations were used by the contractor in formulating and
determining the amount of the bid.
new text end