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SF 1770

as introduced - 88th Legislature (2013 - 2014) Posted on 03/05/2014 01:47pm

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) deleted text begin 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 thedeleted text end new text begin All new text end data created, collected, received, stored,
used, maintained, or disseminated by deleted text begin the private person in performing those functions
deleted text end new text begin any party in performing a contract entered into with a government entitynew text end is subject to the
requirements of this chapternew text begin ,new text end and deleted text begin that the private persondeleted text end new text begin the contracting partynew text end must comply
with those requirements as if it were a government entity. new text begin All contracts entered into by
a government entity must include a notice making it clear that the requirements of this
subdivision apply to the contract, provided that failure to include the notice does not
invalidate the application of this subdivision. new text end The remedies in section 13.08 apply to deleted text begin the
private person underdeleted text end new text begin a contracting party subject tonew text end this subdivision.

(b) This subdivision does not create a duty on the part of deleted text begin the private persondeleted text end new text begin a
contracting partynew text end 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.