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SF 565

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:13am

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

Current Version - 1st Engrossment

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A bill for an act
relating to data practices; classifying private equity investment data; regulating
data and lists of enrolled students; amending Minnesota Statutes 2008, sections
13.3215; 135A.17, subdivision 2.

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

Section 1.

Minnesota Statutes 2008, section 13.3215, is amended to read:


13.3215 UNIVERSITY OF MINNESOTA DATA.

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms in this
subdivision have the meanings given them.
new text end

new text begin (b) "Business data" is data described in section 13.591, subdivision 1, and includes
the funded amount of the University of Minnesota's commitment to the investment
to date, if any; the market value of the investment by the University of Minnesota; the
University of Minnesota's internal rate of return for the investment, including expenditures
and receipts used in the calculation of the investment's internal rate of return; and the
age of the investment in years.
new text end

new text begin (c) "Financial, business, or proprietary data" means data, as determined by the
responsible authority for the University of Minnesota, that is of a financial, business, or
proprietary nature, the release of which could cause competitive harm to the University
of Minnesota, the legal entity in which the University of Minnesota has invested or has
considered an investment, the managing entity of an investment, or a portfolio company in
which the legal entity holds an interest.
new text end

new text begin (d) "Investment" means the investments by the University of Minnesota in the
following private capital:
new text end

new text begin (1) venture capital and other private equity investment businesses through
participation in limited partnerships, trusts, limited liability corporations, limited liability
companies, limited liability partnerships, and corporations;
new text end

new text begin (2) real estate ownership interests or loans secured by mortgages or deeds of trust or
shares of real estate investment trusts through investment in limited partnerships; and
new text end

new text begin (3) natural resource investments through limited partnerships, trusts, limited liability
corporations, limited liability companies, limited liability partnerships, and corporations.
new text end

new text begin Subd. 2. new text end

new text begin Claims experience data. new text end

Claims experience and all related information
received from carriers and claims administrators participating in a University of Minnesota
group health, dental, life, or disability insurance plan or the University of Minnesota
workers' compensation program, and survey information collected from employees or
students participating in these plans and programs, except when the university determines
that release of the data will not be detrimental to the plan or program, are classified as
nonpublic data deleted text begin not on individuals pursuant todeleted text end new text begin undernew text end section 13.02, subdivision 9.

new text begin Subd. 3. new text end

new text begin Private equity investment data. new text end

new text begin (a) Financial, business, or proprietary
data and business data collected, created, received, or maintained by the University of
Minnesota in connection with investments are nonpublic data.
new text end

new text begin (b) The name of the general partners and the legal entity in which the University of
Minnesota has invested; the amount of the University of Minnesota's initial commitment;
and the portfolio performance of University of Minnesota investments overall, including
the number of investments, the total amount of University of Minnesota commitments, the
total current market value, and the return on the total investment portfolio, are public.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2008, section 135A.17, subdivision 2, is amended to read:


Subd. 2.

deleted text begin Residential housingdeleted text end List new text begin of enrolled studentsnew text end .

deleted text begin All postsecondary
institutions that enroll students accepting state or federal financial aid may
deleted text end new text begin (a) Institutions
within the Minnesota State Colleges and Universities must
new text end prepare a current list of
students enrolled in the institution and residing deleted text begin in the institution's housing ordeleted text end within deleted text begin ten
miles of the institution's campus
deleted text end new text begin Minnesotanew text end . The list deleted text begin shalldeleted text end new text begin must new text end include each student's
new text begin name and new text end current addressnew text begin , unless the name or address is not designated as public data
under section 13.32, subdivision 5
new text end . The list deleted text begin shalldeleted text end new text begin must new text end be certified and sent to the
deleted text begin appropriate county auditor or auditorsdeleted text end new text begin secretary of state no earlier than 30 and no later than
25 days prior to the November general election, in an electronic format specified by the
secretary of state,
new text end for use in election day registration as provided under section 201.061,
subdivision 3
. new text begin The certification must be dated and signed by the chief officer or designee
of the postsecondary educational institution, or for institutions within the Minnesota State
Colleges and Universities, by the chancellor, and must state that the list is current and
accurate and includes only the names of currently enrolled students residing in Minnesota
as of the date of certification. The secretary of state must combine the data received from
each postsecondary educational institution under this subdivision and must process the
data to locate the precinct in which the address provided for each student is located. If the
data submitted by the postsecondary educational institution is insufficient for the secretary
of state to locate the proper precinct, the associated student name must not appear in any
list forwarded to a county auditor under this subdivision.
new text end

new text begin At least 14 days prior to the November general election, the secretary of state
must forward to the appropriate county auditor lists of students containing the students'
names and addresses for which precinct determinations have been made along with their
postsecondary educational institutions. The list must be sorted by precinct and student
last name and must be forwarded in an electronic format specified by the secretary of
state or other mutually agreed upon medium, if a written agreement specifying the
medium is signed by the secretary of state and the county auditor at least 90 days before
the November general election. A written agreement is effective for all elections until
rescinded by either the secretary of state or the county auditor.
new text end

new text begin (b) Other postsecondary institutions may provide lists as provided by this subdivision
or as provided by the rules of the secretary of state. The University of Minnesota is
requested to comply with this subdivision.
new text end

new text begin (c)new text end A residential housing list provided under this subdivision may not be used or
disseminated by a county auditor or the secretary of state for any other purpose.