Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2003, 1st Special Session
Key: (1) language to be deleted (2) new language
CHAPTER 8-S.F.No. 10
An act relating to state government; updating
references; increasing the threshold project amount
for designer selection board approval; modifying
building code language; modifying state procurement
provisions; eliminating a report; regulating data
practices; providing for the classification and
dissemination of certain data; providing for public
access; authorizing the commissioner of administration
to render opinions in certain circumstances; amending
Minnesota Statutes 2002, sections 13.072, subdivisions
1, 2; 13.08, subdivision 4; 13.32, by adding a
subdivision; 13.37, subdivision 3; 13.43, subdivision
1; 13.643, by adding a subdivision; 13.746,
subdivision 3; 13.785, subdivision 2; 16B.054; 16B.24,
subdivisions 1, 5; 16B.33, subdivision 3; 16B.61,
subdivision 1a; 16B.62, subdivision 1; 16C.06, by
adding a subdivision; 16C.08, subdivision 4; 16C.10,
subdivisions 5, 7; 16C.15; 16C.16, subdivision 7;
196.08; 268.19, by adding a subdivision; 307.08, by
adding a subdivision; 327A.01, subdivision 2; 349A.08,
subdivision 9; 386.20, subdivision 1; proposing coding
for new law in Minnesota Statutes, chapters 13; 16C;
repealing Minnesota Statutes 2002, sections 13.6401,
subdivision 4; 16C.18, subdivision 1; 270B.03,
subdivision 8; Laws 2001, First Special Session
chapter 10, article 2, section 40.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
DEPARTMENT OF ADMINISTRATION
Section 1. Minnesota Statutes 2002, section 16B.054, is
amended to read:
16B.054 [DEVELOPMENTAL DISABILITIES.]
The department of administration is designated as the
responsible agency to assist the Minnesota governor's council on
developmental disabilities in carrying out all responsibilities
under United States Code, title 42, section 6021 et seq. the
Developmental Disabilities Assistance and Bill of Rights Act of
2000, also known as United States Code, title 42, sections 15001
to 15115, and Public Law 106-402 (October 30, 2000, 106th
Congress), as well as those responsibilities relating to the
program which are not delegated to the council.
Sec. 2. Minnesota Statutes 2002, section 16B.24,
subdivision 1, is amended to read:
Subdivision 1. [OPERATION AND MAINTENANCE OF BUILDINGS.]
The commissioner is authorized to maintain and operate the state
capitol building and grounds, subject to whatever standards and
policies are set for its appearance and cleanliness by the
capitol area architectural and planning board and the
commissioner under section 15.50, subdivision 2, clause (j), and
all other buildings, cafeterias, and grounds in state-owned
buildings in the capitol area under section 15.50, subdivision
2, clause (a), the state department of public safety, bureau of
criminal apprehension building in St. Paul, the state department
of health building in Minneapolis, the Duluth government
services center in Duluth, 321 Grove Street buildings in St.
Paul, any other properties acquired by the department of
administration, and, when the commissioner considers it
advisable and practicable, any other building or premises owned
or rented by the state for the use of a state agency. The
commissioner shall assign and reassign office space in the
capitol and state buildings to make an equitable division of
available space among agencies. The commissioner shall
regularly update the long-range strategic plan for locating
agencies and shall follow the plan in assigning and reassigning
space to agencies. The plan must include locational and urban
design criteria, a cost-analysis method to be used in weighing
state ownership against leasing of space in specific instances,
and a transportation management plan. If the commissioner
determines that a deviation from the plan is necessary or
desirable in a specific instance, the commissioner shall provide
the legislature with a timely written explanation of the reasons
for the deviation. The power granted in this subdivision does
not apply to state hospitals or to educational, penal,
correctional, or other institutions not enumerated in this
subdivision the control of which is vested by law in some other
agency.
Sec. 3. Minnesota Statutes 2002, section 16B.24,
subdivision 5, is amended to read:
Subd. 5. [RENTING OUT STATE PROPERTY.] (a) [AUTHORITY.]
The commissioner may rent out state property, real or personal,
that is not needed for public use, if the rental is not
otherwise provided for or prohibited by law. The property may
not be rented out for more than five years at a time without the
approval of the state executive council and may never be rented
out for more than 25 years. A rental agreement may provide that
the state will reimburse a tenant for a portion of capital
improvements that the tenant makes to state real property if the
state does not permit the tenant to renew the lease at the end
of the rental agreement.
(b) [RESTRICTIONS.] Paragraph (a) does not apply to state
trust fund lands, other state lands under the jurisdiction of
the department of natural resources, lands forfeited for
delinquent taxes, lands acquired under section 298.22, or lands
acquired under section 41.56 which are under the jurisdiction of
the department of agriculture.
(c) [FORT SNELLING CHAPEL; RENTAL.] The Fort Snelling
Chapel, located within the boundaries of Fort Snelling State
Park, is available for use only on payment of a rental fee. The
commissioner shall establish rental fees for both public and
private use. The rental fee for private use by an organization
or individual must reflect the reasonable value of equivalent
rental space. Rental fees collected under this section must be
deposited in the general fund.
(d) [RENTAL OF LIVING ACCOMMODATIONS.] The commissioner
shall establish rental rates for all living accommodations
provided by the state for its employees. Money collected as
rent by state agencies pursuant to this paragraph must be
deposited in the state treasury and credited to the general fund.
(e) [LEASE OF SPACE IN CERTAIN STATE BUILDINGS TO STATE
AGENCIES.] The commissioner may lease portions of the
state-owned buildings in the capitol complex, the capitol square
building, the health building, the Duluth government center, and
the building at 1246 University Avenue, St. Paul, Minnesota, to
state agencies and the court administrator on behalf of the
judicial branch of state government and charge rent on the basis
of space occupied. Notwithstanding any law to the contrary, all
money collected as rent pursuant to the terms of this section
shall be deposited in the state treasury. Money collected as
rent to recover the bond interest costs of a building funded
from the state bond proceeds fund shall be credited to the
general fund. Money collected as rent to recover the
depreciation costs of a building funded from the state bond
proceeds fund and money collected as rent to recover capital
expenditures from capital asset preservation and replacement
appropriations and statewide building access appropriations
shall be credited to a segregated account in a special revenue
fund. Money in the account is appropriated to the commissioner
to be expended for asset preservation projects as determined by
the commissioner. Money collected as rent to recover the
depreciation and interest costs of a building built with other
state dedicated funds shall be credited to the dedicated fund
which funded the original acquisition or construction. All
other money received shall be credited to the general services
revolving fund.
Sec. 4. Minnesota Statutes 2002, section 16B.33,
subdivision 3, is amended to read:
Subd. 3. [AGENCIES MUST REQUEST DESIGNER.] (a)
[APPLICATION.] Upon undertaking a project with an estimated cost
greater than $750,000 $2,000,000 or a planning project with
estimated fees greater than $60,000 $200,000, every user agency,
except the capitol area architectural and planning board, shall
submit a written request for a primary designer for its project
to the commissioner, who shall forward the request to the
board. The University of Minnesota and the Minnesota state
colleges and universities shall follow the process in
subdivision 3a to select designers for their projects. The
written request must include a description of the project, the
estimated cost of completing the project, a description of any
special requirements or unique features of the proposed project,
and other information which will assist the board in carrying
out its duties and responsibilities set forth in this section.
(b) [REACTIVATED PROJECT.] If a project for which a
designer has been selected by the board becomes inactive,
lapses, or changes as a result of project phasing, insufficient
appropriations, or other reasons, the commissioner, the
Minnesota state colleges and universities, or the University of
Minnesota may, if the project is reactivated, retain the same
designer to complete the project.
(c) [FEE LIMIT REACHED AFTER DESIGNER SELECTED.] If a
project initially estimated to be below the cost and planning
fee limits of this subdivision has its cost or planning fees
revised so that the limits are exceeded, the project must be
referred to the board for designer selection even if a primary
designer has already been selected. In this event, the board
may, without conducting interviews, elect to retain the
previously selected designer if it determines that the interests
of the state are best served by that decision and shall notify
the commissioner of its determination.
Sec. 5. Minnesota Statutes 2002, section 16B.61,
subdivision 1a, is amended to read:
Subd. 1a. [ADMINISTRATION BY COMMISSIONER.] The
commissioner shall administer and enforce the State Building
Code as a municipality with respect to public buildings and
state licensed facilities in the state. The commissioner shall
establish appropriate permit, plan review, and inspection fees
for public buildings and state licensed facilities. Fees and
surcharges for public buildings and state licensed facilities
must be remitted to the commissioner, who shall deposit them in
the state treasury for credit to the special revenue fund.
Municipalities other than the state having a contractual an
agreement with the commissioner for code administration and
enforcement service for public buildings and state licensed
facilities shall charge their customary fees, including
surcharge, to be paid directly to the contractual jurisdiction
by the applicant seeking authorization to construct a public
building or a state licensed facility. The commissioner shall
contract sign an agreement with a municipality other than the
state for plan review, code administration, and code enforcement
service for public buildings and state licensed facilities in
the contractual jurisdiction if the building officials of the
municipality meet the requirements of section 16B.65 and wish to
provide those services and if the commissioner determines that
the municipality has enough adequately trained and qualified
building inspectors to provide those services for the
construction project.
The commissioner may direct the state building official to
assist a community that has been affected by a natural disaster
with building evaluation and other activities related to
building codes.
Administration and enforcement in a municipality under this
section must apply any optional provisions of the State Building
Code adopted by the municipality. A municipality adopting any
optional code provision shall notify the state building official
within 30 days of its adoption.
The commissioner shall administer and enforce the
provisions of the code relating to elevators statewide, except
as provided for under section 16B.747, subdivision 3.
Sec. 6. Minnesota Statutes 2002, section 16B.62,
subdivision 1, is amended to read:
Subdivision 1. [MUNICIPAL ENFORCEMENT.] The State Building
Code applies statewide and supersedes the building code of any
municipality. A municipality must not by ordinance or through
development agreement require building code provisions
regulating components or systems of any residential structure
that are different from any provision of the State Building
Code. A municipality may, with the approval of the state
building official, adopt an ordinance that is more restrictive
than the State Building Code where geological conditions warrant
a more restrictive ordinance. A municipality may appeal the
disapproval of a more restrictive ordinance to the
commissioner. An appeal under this subdivision is subject to
the schedule, fee, procedures, cost provisions, and appeal
rights set out in section 16B.67. The State Building Code does
not apply to agricultural buildings except with respect to state
inspections required or rulemaking authorized by sections
103F.141, 216C.19, subdivision 8, and 326.244. All
municipalities shall adopt and enforce the State Building Code
with respect to new construction within their respective
jurisdictions.
If a city has adopted or is enforcing the State Building
Code on June 3, 1977, or determines by ordinance after that date
to undertake enforcement, it shall enforce the code within the
city. A city may by ordinance and with permission of the
township board extend the enforcement of the code to contiguous
unincorporated territory not more than two miles distant from
its corporate limits in any direction if the code is not in
effect in the territory. Where two or more noncontiguous cities
which have elected to enforce the code have boundaries less than
four miles apart, each is authorized to enforce the code on its
side of a line equidistant between them. Once enforcement
authority is extended extraterritorially by ordinance, the
authority may continue to be exercised in the designated
territory even though another city less than four miles distant
later elects to enforce the code. After the extension, the city
may enforce the code in the designated area to the same extent
as if the property were situated within its corporate limits.
Enforcement of the code in an extended area outside a
city's corporate limits includes all rules, laws, and ordinances
associated with administration of the code.
A city which, on June 3, 1977, had not adopted the code may
not commence enforcement of the code within or outside of its
jurisdiction until it has provided written notice to the
commissioner, the county auditor, and the town clerk of each
town in which it intends to enforce the code. A public hearing
on the proposed enforcement must be held not less than 30 days
after the notice has been provided. Enforcement of the code by
the city outside of its jurisdiction commences on the first day
of January in the year following the notice and hearing.
Municipalities may provide for the issuance of permits,
inspection, and enforcement within their jurisdictions by means
which are convenient, and lawful, including by means of
contracts with other municipalities pursuant to section 471.59,
and with qualified individuals. The other municipalities or
qualified individuals may be reimbursed by retention or
remission of some or all of the building permit fee collected or
by other means. In areas of the state where inspection and
enforcement is unavailable from qualified employees of
municipalities, the commissioner shall train and designate
individuals available to carry out inspection and enforcement on
a fee basis. Nothing in this section prohibits a municipality
from adopting ordinances relating to zoning, subdivision, or
planning unless the ordinance conflicts with a provision of the
State Building Code that regulates components or systems of any
residential structure.
Sec. 7. Minnesota Statutes 2002, section 16C.08,
subdivision 4, is amended to read:
Subd. 4. [REPORTS.] (a) The commissioner shall submit to
the governor, the chairs of the house ways and means and senate
finance committees, and the legislative reference library a
yearly listing of all contracts for professional or technical
services executed. The report must identify the contractor,
contract amount, duration, and services to be provided. The
commissioner shall also issue yearly reports summarizing the
contract review activities of the department by fiscal year.
(b) The fiscal year report must be submitted by September 1
of each year and must:
(1) be sorted by agency and by contractor;
(2) show the aggregate value of contracts issued by each
agency and issued to each contractor;
(3) distinguish between contracts that are being issued for
the first time and contracts that are being extended;
(4) state the termination date of each contract; and
(5) identify services by commodity code, including topics
such as contracts for training, contracts for research and
opinions, and contracts for computer systems; and
(6) identify which contracts were awarded without following
the solicitation process in this chapter because it was
determined that there was only a single source for the services.
(c) Within 30 days of final completion of a contract over
$40,000 covered by this subdivision, the head of the agency
entering into the contract must submit a one-page report to the
commissioner who must submit a copy to the legislative reference
library. The report must:
(1) summarize the purpose of the contract, including why it
was necessary to enter into a contract;
(2) state the amount spent on the contract; and
(3) explain why this amount was a cost-effective way to
enable the agency to provide its services or products better or
more efficiently; and
(4) if the contract was awarded without following the
solicitation process in this chapter because it was determined
that there was only a single source for the services, explain
why the agency determined there was only a single source for the
services.
Sec. 8. Minnesota Statutes 2002, section 16C.10,
subdivision 5, is amended to read:
Subd. 5. [SPECIFIC PURCHASES.] The solicitation process
described in this chapter is not required for acquisition of the
following:
(1) merchandise for resale purchased under policies
determined by the commissioner;
(2) farm and garden products which, as determined by the
commissioner, may be purchased at the prevailing market price on
the date of sale;
(3) goods and services from the Minnesota correctional
facilities;
(4) goods and services from rehabilitation facilities and
sheltered workshops extended employment providers that are
certified by the commissioner of economic security;
(5) goods and services for use by a community-based
facility operated by the commissioner of human services;
(6) goods purchased at auction or when submitting a sealed
bid at auction provided that before authorizing such an action,
the commissioner consult with the requesting agency to determine
a fair and reasonable value for the goods considering factors
including, but not limited to, costs associated with submitting
a bid, travel, transportation, and storage. This fair and
reasonable value must represent the limit of the state's bid;
and
(7) utility services where no competition exists or where
rates are fixed by law or ordinance.
Sec. 9. [16C.144] [GUARANTEED SAVINGS CONTRACTS.]
Subdivision 1. [DEFINITIONS.] The following definitions
apply to this section.
(a) "Utility" means electricity, natural gas, or other
energy resource, water, and wastewater.
(b) "Utility cost-savings" means the difference between the
utility costs under the precontract conditions and the utility
costs after the changes have been made under the contract. Such
savings shall be calculated in comparison to an established
baseline of utility costs.
(c) "Established baseline" means the precontract utilities,
operations, and maintenance costs.
(d) "Utility cost-savings measure" means a measure that
produces utility cost savings and/or operation and maintenance
cost savings.
(e) "Operation and maintenance cost savings" means a
measurable decrease in operation and maintenance costs that are
a direct result of the implementation of one or more utility
cost-savings measures but do not include savings from in-house
staff labor. Such savings shall be calculated in comparison to
an established baseline of operation and maintenance costs.
(f) "Guaranteed savings contract" means a contract for the
evaluation, recommendation, and installation of one or more
utility cost-savings measures. The contract must provide that
all payments are to be made over time but not to exceed ten
years from the date of final installation, and the savings are
guaranteed to the extent necessary to make payments for the
utility cost-savings measures.
(g) "Baseline adjustments" means adjusting the established
baselines in paragraphs (b) and (d) for changes in the following
variables:
(1) utility rates;
(2) number of days in the utility billing cycle;
(3) square footage of the facility;
(4) operational schedule of the facility;
(5) facility temperature set points;
(6) weather; and
(7) amount of equipment or lighting utilized in the
facility.
(h) "Lease purchase contract" means a contract obligating
the state to make regular lease payments to satisfy the lease
costs of the utility cost-savings measures until the final
payment, after which time the utility cost-savings measures
become the sole property of the state of Minnesota.
(i) "Qualified provider" means a person or business
experienced in the design, implementation, and installation of
utility cost-savings measures.
(j) "Engineering report" means a report prepared by a
professional engineer licensed by the state of Minnesota
summarizing estimates of all costs of installations,
modifications, or remodeling, including costs of design,
engineering, installation, maintenance, repairs, and estimates
of the amounts by which utility and operation and maintenance
costs will be reduced.
(k) "Capital cost avoidance" means money expended by a
state agency to pay for utility cost-savings measures with a
guaranteed savings contract so long as the measures that are
being implemented to achieve the cost-savings are a significant
portion of an overall project.
(l) "Guaranteed savings contracting guidelines" means
policies, procedures, and requirements of guaranteed savings
contracts established by the department of administration upon
enacting this legislation.
Subd. 2. [GUARANTEED SAVINGS CONTRACT.] The commissioner
may enter into a guaranteed savings contract with a qualified
provider if:
(1) the qualified provider is selected through a
competitive process in accordance with the guaranteed savings
contracting guidelines within the department of administration;
(2) the qualified provider agrees to submit an engineering
report prior to the execution of the guaranteed savings
contract;
(3) the commissioner finds that the amount it would spend
on the utility cost-savings measures recommended in the
engineering report will not exceed the amount to be saved in
utility operation and maintenance costs over ten years from the
date of implementation of utility cost-savings measures;
(4) the qualified provider provides a written guarantee
that the utility, operation, and maintenance cost savings will
meet or exceed the costs of the guaranteed savings contract.
The qualified provider shall reimburse the state for any
shortfall of guaranteed utility cost-savings; and
(5) the qualified provider gives a sufficient bond in
accordance with section 574.26 to the commissioner for the
faithful implementation and installation of the utility
cost-savings measures.
Subd. 3. [LEASE PURCHASE CONTRACT.] The commissioner may
enter into a lease purchase agreement with any party for the
implementation of utility cost-savings measures in accordance
with an engineering report. The implementation costs of the
utility cost-savings measures recommended in the engineering
report shall not exceed the amount to be saved in utility and
operation and maintenance costs over the term of the lease
purchase agreement. The term of the lease purchase agreement
shall not exceed ten years. The lease is assignable in
accordance with terms approved by the commissioner of finance.
Subd. 4. [USE OF CAPITAL COST AVOIDANCE.] The affected
state agency may contribute funds for capital cost avoidance for
guaranteed savings contracts. Use of capital cost avoidance is
subject to the guaranteed savings contracting guidelines within
the department of administration.
Subd. 5. [REPORT.] By January 15 of 2005 and 2007, the
commissioner of administration shall submit to the commissioner
of finance and the chairs of the senate and house of
representatives capital investment committees a list of projects
in the agency that have been funded using guaranteed energy
savings, as outlined in this section, during the preceding
biennium. For each guaranteed savings contract entered into,
the commissioner of administration shall contract with an
independent third party to evaluate the cost-effectiveness of
each utility cost-savings measure implemented to ensure that
such measures were the least-cost measures available. For the
purposes of this section, "independent third party" means an
entity not affiliated with the qualified provider; that is not
involved in creating or providing conservation project services
to that provider; and that has expertise (or access to
expertise) in energy savings practices.
Subd. 6. [CONTRACT LIMITS.] Contracts may not be entered
into after June 30, 2007.
Sec. 10. Minnesota Statutes 2002, section 16C.15, is
amended to read:
16C.15 [SHELTERED WORKSHOPS AND SERVICES WORK ACTIVITY
PROGRAMS REHABILITATION FACILITIES AND EXTENDED EMPLOYMENT
PROVIDERS.]
The commissioner, in consultation with the commissioner of
economic security, shall prepare a list containing products and
services of state-certified certified rehabilitation facilities,
sheltered workshops, and work activity programs and extended
employment providers as described in chapter 268A for
acquisition by state agencies and institutions.
Sec. 11. Minnesota Statutes 2002, section 16C.16,
subdivision 7, is amended to read:
Subd. 7. [ECONOMICALLY DISADVANTAGED AREAS.] (a) Except as
otherwise provided in paragraph (b), the commissioner may award
up to a six percent preference in the amount bid on state
procurement to small businesses located in an economically
disadvantaged area.
(b) The commissioner may award up to a four percent
preference in the amount bid on state construction to small
businesses located in an economically disadvantaged area.
(c) A business is located in an economically disadvantaged
area if:
(1) the owner resides in or the business is located in a
county in which the median income for married couples is less
than 70 percent of the state median income for married couples;
(2) the owner resides in or the business is located in an
area designated a labor surplus area by the United States
Department of Labor; or
(3) the business is a certified rehabilitation facility or
work activity program extended employment provider as described
in chapter 268A.
(d) The commissioner may designate one or more areas
designated as targeted neighborhoods under section 469.202 or as
enterprise zones under section 469.167 as economically
disadvantaged areas for purposes of this subdivision if the
commissioner determines that this designation would further the
purposes of this section. If the owner of a small business
resides or is employed in a designated area, the small business
is eligible for any preference provided under this subdivision.
(e) The department of revenue shall gather data necessary
to make the determinations required by paragraph (c), clause
(1), and shall annually certify counties that qualify under
paragraph (c), clause (1). An area designated a labor surplus
area retains that status for 120 days after certified small
businesses in the area are notified of the termination of the
designation by the United States Department of Labor.
Sec. 12. Minnesota Statutes 2002, section 327A.01,
subdivision 2, is amended to read:
Subd. 2. [BUILDING STANDARDS.] "Building standards" means
the materials and installation standards of the State Building
Code, adopted by the commissioner of administration pursuant to
sections 16B.59 to 16B.75, that is in effect at the time of the
construction or remodeling.
Sec. 13. [REPEALER.]
Minnesota Statutes 2002, section 16C.18, subdivision 1, is
repealed.
Sec. 14. [EFFECTIVE DATE.]
Section 9 is effective the day following final enactment.
ARTICLE 2
DATA PRACTICES
Section 1. Minnesota Statutes 2002, section 13.072,
subdivision 1, is amended to read:
Subdivision 1. [OPINION; WHEN REQUIRED.] (a) Upon request
of a state agency, statewide system, or political
subdivision government entity, the commissioner may give a
written opinion on any question relating to public access to
government data, rights of subjects of data, or classification
of data under this chapter or other Minnesota statutes governing
government data practices. Upon request of any person who
disagrees with a determination regarding data practices made by
a state agency, statewide system, or political
subdivision government entity, the commissioner may give a
written opinion regarding the person's rights as a subject of
government data or right to have access to government data.
(b) Upon request of a body subject to chapter 13D, the
commissioner may give a written opinion on any question relating
to the body's duties under chapter 13D. Upon request of a
person who disagrees with the manner in which members of a
governing body perform their duties under chapter 13D, the
commissioner may give a written opinion on compliance with
chapter 13D. A governing body or person requesting an opinion
under this paragraph must pay the commissioner a fee of $200.
Money received by the commissioner under this paragraph is
appropriated to the commissioner for the purposes of this
section.
(c) If the commissioner determines that no opinion will be
issued, the commissioner shall give the state agency, statewide
system, political subdivision, government entity or body subject
to chapter 13D or person requesting the opinion notice of the
decision not to issue the opinion within five days of receipt of
the request. If this notice is not given, the commissioner
shall issue an opinion within 20 days of receipt of the request.
(d) For good cause and upon written notice to the person
requesting the opinion, the commissioner may extend this
deadline for one additional 30-day period. The notice must
state the reason for extending the deadline. The state agency,
statewide system, government entity or political subdivision the
members of a body subject to chapter 13D must be provided a
reasonable opportunity to explain the reasons for its decision
regarding the data or how they perform their duties under
chapter 13D. The commissioner or the state agency, statewide
system, government entity or political subdivision body subject
to chapter 13D may choose to give notice to the subject of the
data concerning the dispute regarding the data or compliance
with chapter 13D.
(b) (e) This section does not apply to a determination made
by the commissioner of health under section 13.3805, subdivision
1, paragraph (b), or 144.6581.
(c) (f) A written opinion issued by the attorney general
shall take precedence over an opinion issued by the commissioner
under this section.
Sec. 2. Minnesota Statutes 2002, section 13.072,
subdivision 2, is amended to read:
Subd. 2. [EFFECT.] Opinions issued by the commissioner
under this section are not binding on the state agency,
statewide system, government entity or political subdivision
members of a body subject to chapter 13D whose data or
performance of duties is the subject of the opinion, but an
opinion described in subdivision 1, paragraph (a), must be given
deference by a court in a proceeding involving the data. The
commissioner shall arrange for public dissemination of opinions
issued under this section. This section does not preclude a
person from bringing any other action under this chapter or
other law in addition to or instead of requesting a written
opinion. A government entity, members of a body subject to
chapter 13D, or person that acts in conformity with a written
opinion of the commissioner issued to the government entity,
members, or person or to another party is not liable for
compensatory or exemplary damages or awards of attorneys fees in
actions under section 13.08 or for a penalty under section 13.09
or for fines, awards of attorney fees, or any other penalty
under chapter 13D. A member of a body subject to chapter 13D is
not subject to forfeiture of office if the member was acting in
reliance on an opinion.
Sec. 3. Minnesota Statutes 2002, section 13.08,
subdivision 4, is amended to read:
Subd. 4. [ACTION TO COMPEL COMPLIANCE.] (a) In addition to
the remedies provided in subdivisions 1 to 3 or any other law,
any aggrieved person seeking to enforce the person's rights
under this chapter or obtain access to data may bring an action
in district court to compel compliance with this chapter and may
recover costs and disbursements, including reasonable attorney's
fees, as determined by the court. If the court determines that
an action brought under this subdivision is frivolous and
without merit and a basis in fact, it may award reasonable costs
and attorney fees to the responsible authority. If the court
issues an order to compel compliance under this subdivision, the
court may impose a civil penalty of up to $300 against the
government entity. This penalty is payable to the state general
fund and is in addition to damages under subdivision 1. The
matter shall be heard as soon as possible. In an action
involving a request for government data under section 13.03 or
13.04, the court may inspect in camera the government data in
dispute, but shall conduct its hearing in public and in a manner
that protects the security of data classified as not public. If
the court issues an order to compel compliance under this
subdivision, the court shall forward a copy of the order to the
commissioner of administration.
(b) In determining whether to assess a civil penalty under
this subdivision, the court shall consider whether the
government entity has substantially complied with general data
practices under this chapter, including but not limited to,
whether the government entity has:
(1) designated a responsible authority under section 13.02,
subdivision 16;
(2) designated a data practices compliance official under
section 13.05, subdivision 13;
(3) prepared the public document that names the responsible
authority and describes the records and data on individuals that
are maintained by the government entity under section 13.05,
subdivision 1;
(4) developed public access procedures under section 13.03,
subdivision 2; procedures to guarantee the rights of data
subjects under section 13.05, subdivision 8; and procedures to
ensure that data on individuals are accurate and complete and to
safeguard the data's security under section 13.05, subdivision
5;
(5) sought an oral, written, or electronic opinion from the
commissioner of administration related to the matter at issue
and acted in conformity with that opinion or acted in conformity
with an opinion issued under section 13.072 that was sought by
another person; or
(6) provided ongoing training to government entity
personnel who respond to requests under this chapter.
(c) The court shall award reasonable attorney fees to a
prevailing plaintiff who has brought an action under this
subdivision if the government entity that is the defendant in
the action was also the subject of a written opinion issued
under section 13.072 and the court finds that the opinion is
directly related to the cause of action being litigated and that
the government entity did not act in conformity with the opinion.
Sec. 4. [13.15] [COMPUTER DATA.]
Subdivision 1. [DEFINITIONS.] As used in this section, the
following terms have the meanings given.
(a) [ELECTRONIC ACCESS DATA.] "Electronic access data"
means data created, collected, or maintained about a person's
access to a government entity's computer for the purpose of:
(1) gaining access to data or information;
(2) transferring data or information; or
(3) using government services.
(b) [COOKIE.] "Cookie" means any data that a
government-operated computer electronically places on the
computer of a person who has gained access to a government
computer.
Subd. 2. [CLASSIFICATION OF DATA.] Electronic access data
are private data on individuals or nonpublic data.
Subd. 3. [NOTICE; REFUSAL TO ACCEPT COOKIE.] (a) A
government entity that creates, collects, or maintains
electronic access data or uses its computer to install a cookie
on a person's computer must inform persons gaining access to the
entity's computer of the creation, collection, or maintenance of
electronic access data or the entity's use of cookies before
requiring the person to provide any data about the person to the
government entity. As part of that notice, the government
entity must inform the person how the data will be used and
disseminated, including the uses and disseminations in
subdivision 4.
(b) Notwithstanding a person's refusal to accept a cookie
on the person's computer, a government entity must allow the
person to gain access to data or information, transfer data or
information, or use government services by the government
entity's computer.
Subd. 4. [USE OF ELECTRONIC ACCESS DATA.] Electronic
access data may be disseminated:
(1) to the commissioner for the purpose of evaluating
electronic government services;
(2) to another government entity to prevent unlawful
intrusions into government electronic systems; or
(3) as otherwise provided by law.
Sec. 5. Minnesota Statutes 2002, section 13.32, is amended
by adding a subdivision to read:
Subd. 4a. [NONPUBLIC SCHOOL STUDENTS.] Data collected by a
public school on a child or parent of a child, whose identity
must be reported pursuant to section 120A.24, is private data
which:
(1) shall not be designated directory information pursuant
to subdivision 5 unless prior written consent is given by the
child's parent or guardian; and
(2) may be disclosed only pursuant to subdivision 3, clause
(a), (b), (c), or (f).
This provision does not apply to students who receive
shared time educational services from a public agency or
institution.
Sec. 6. [13.3215] [UNIVERSITY OF MINNESOTA DATA.]
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 not on individuals pursuant to section 13.02, subdivision 9.
Sec. 7. Minnesota Statutes 2002, section 13.37,
subdivision 3, is amended to read:
Subd. 3. [DATA DISSEMINATION.] Crime prevention block maps
and names, home addresses, and telephone numbers of volunteers
who participate in community crime prevention programs may be
disseminated to volunteers participating in crime prevention
programs. The location of a National Night Out event is public
data.
Sec. 8. Minnesota Statutes 2002, section 13.43,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITION.] As used in this section,
"personnel data" means data on individuals collected because the
individual is or was an employee of or an applicant for
employment by, performs services on a voluntary basis for, or
acts as an independent contractor with a state agency, statewide
system or political subdivision or is a member of or an
applicant for an advisory board or commission. Personnel data
includes data submitted by an employee to a government entity as
part of an organized self-evaluation effort by the government
entity to request suggestions from all employees on ways to cut
costs, make government more efficient, or improve the operation
of government. An employee who is identified in a suggestion
shall have access to all data in the suggestion except the
identity of the employee making the suggestion.
Sec. 9. [13.468] [DATA SHARING WITHIN COUNTIES.]
County welfare, human services, corrections, public health,
and veterans service units within a county may inform each other
as to whether an individual or family currently is being served
by the county unit, without the consent of the subject of the
data. Data that may be shared are limited to the following:
the name, telephone number, and last known address of the data
subject; and the identification and contact information
regarding personnel of the county unit responsible for working
with the individual or family. If further information is
necessary for the county unit to carry out its duties, each
county unit may share additional data if the unit is authorized
by state statute or federal law to do so or the individual gives
written, informed consent.
Sec. 10. Minnesota Statutes 2002, section 13.643, is
amended by adding a subdivision to read:
Subd. 5. [DATA RECEIVED FROM FEDERAL GOVERNMENT.] All data
received by the department of agriculture from the United States
Department of Health and Human Services, the Food and Drug
Administration, and the Agriculture, Food Safety, and Inspection
Service that is necessary for the purpose of carrying out the
department of agriculture's statutory food safety regulatory and
enforcement duties are classified as nonpublic data under
section 13.02, subdivision 9, and private data on individuals
under section 13.02, subdivision 12. This section does not
preclude the obligation of the department of agriculture to
appropriately inform consumers of issues that could affect
public health.
Sec. 11. Minnesota Statutes 2002, section 13.746,
subdivision 3, is amended to read:
Subd. 3. [STATE LOTTERY.] (a) [ACCESS TO CRIMINAL DATA.]
The state lottery director's access to criminal history data on
certain persons is governed by sections 349A.06, subdivision 4,
and 349A.07, subdivision 2.
(b) [LOTTERY PRIZE WINNERS.] Certain data on lottery prize
winners are classified under section 349A.08, subdivision 9.
(c) [ELECTRONIC TRANSMISSIONS.] Data on individuals
requesting electronic transmissions from the lottery are
classified in section 349A.08, subdivision 9.
Sec. 12. Minnesota Statutes 2002, section 13.785,
subdivision 2, is amended to read:
Subd. 2. [DEPARTMENT OF VETERANS AFFAIRS.] (a) [CERTAIN
VETERANS BENEFITS AND MILITARY CERTIFICATES OF DISCHARGE.]
Access to military certificates of discharge and to files
pertaining to claims for certain veterans benefits is governed
by section 196.08.
(b) [AGENT ORANGE INFORMATION AND ASSISTANCE ACT.]
Disclosure of summary data and of the identity of a veteran
about whom information is received under sections 196.19 to
196.26, is governed by section 196.25.
Sec. 13. Minnesota Statutes 2002, section 16C.06, is
amended by adding a subdivision to read:
Subd. 3a. [INFORMATION IN BIDS AND PROPOSALS.] Data
relating to bids and proposals are governed by section 13.591.
Sec. 14. Minnesota Statutes 2002, section 16C.10,
subdivision 7, is amended to read:
Subd. 7. [REVERSE AUCTION.] (a) For the purpose of this
subdivision, "reverse auction" means a purchasing process in
which vendors compete to provide goods at the lowest selling
price in an open and interactive environment.
(b) The provisions of section sections 13.591, subdivision
3, and 16C.06, subdivisions subdivision 2 and 3, do not apply
when the commissioner determines that a reverse auction is the
appropriate purchasing process.
Sec. 15. Minnesota Statutes 2002, section 196.08, is
amended to read:
196.08 [FILES AND RECORDS CONFIDENTIAL.]
(a) The contents of, and all files, records, reports,
papers and documents pertaining to, any claim for the benefits
of Laws 1943, chapter 420, whether pending or adjudicated, shall
be deemed confidential and privileged and no disclosure thereof
shall be made, without the consent in writing of the claimant
who has not been adjudicated incompetent, except as follows:
(a) (1) To said claimant personally, a duly appointed
guardian, an attorney in fact, or a duly authorized
representative, and as to personal matters, when, in the
judgment of the commissioner, such disclosure would not be
injurious to the physical or mental health of the claimant.
(b) (2) To the representatives of veterans' organizations
recognized by the United States government, not exceeding five
from each such veterans' organizations, and when such
representatives have been duly certified as such by the state
department of any such veterans' organizations in the state of
Minnesota.
(c) (3) In any court in the state of Minnesota which has
jurisdiction of the parties to, and subject matter of, an action
or proceeding therein pending, as found by said court, when
required to be produced by the process of such court, and then
only in open court, as evidence, in such action or proceeding
after a judge thereof shall have ruled the same to be relevant
and competent evidence in such action or proceeding according to
the laws and statutes of said state.
(b) Notwithstanding section 382.16, and except as
authorized in paragraph (c), no government entity may release
the contents of, or any files, records, reports, papers, or
documents pertaining to, United States government form DD214 or
DD215 or any other certificate of discharge from military
service to any person unless that person:
(1) provides proof of identity;
(2) demonstrates tangible interest; and
(3) completes the required release form prepared by the
government entity.
(c) This section does not prohibit release of forms DD214
and DD215 or other certificates of discharge from military
service by an employee or official within a government entity to
another employee or official within that government entity for
purposes of performance of official duties.
(d) Forms DD214 and DD215 and certificates of discharge
from military service filed with a government agency on or after
January 1, 2004, are classified as private data on individuals
under section 13.02, subdivision 12.
(e) Notwithstanding section 386.015, subdivision 5, no fee
may be charged by a government entity for the release of
information to a qualified person under this section.
(f) For purposes of paragraph (b), a person who has a
tangible interest is:
(1) the subject of the record, report, paper, or document;
(2) the surviving spouse of the subject, if the subject is
deceased;
(3) a surviving child of the subject, if the subject is
deceased and there is no surviving spouse;
(4) a surviving parent of the subject, if the subject is
deceased and there is no surviving spouse or surviving children;
and
(5) a duly appointed guardian, an attorney in fact, or a
duly authorized representative.
(g) For purposes of this section, the term "government
entity" has the meaning given in section 13.02, subdivision 7a.
Sec. 16. Minnesota Statutes 2002, section 268.19, is
amended by adding a subdivision to read:
Subd. 1a. [WAGE DETAIL DATA.] (a) Wage and employment data
gathered pursuant to section 268.044 may be disseminated to and
used, without the consent of the subject of the data, by an
agency of another state that is designated as the performance
accountability and consumer information agency for that state
pursuant to Code of Federal Regulations, volume 20, part
663.510(c), in order to carry out the requirements of the
Workforce Investment Act of 1998, United States Code, title 29,
sections 2842 and 2871.
(b) The commissioner may enter into a data exchange
agreement with an employment and training service provider under
section 116L.17, or the Workforce Investment Act of 1998, United
States Code, title 29, section 2864, under which the
commissioner, with the consent of the subject of the data, may
furnish data on the quarterly wages paid and number of hours
worked on those individuals who have received employment and
training services from the provider. With the initial consent
of the subject of the data, this data may be shared for up to
three years after termination of the employment and training
services provided to the individual without execution of an
additional consent. This data shall be furnished solely for the
purpose of evaluating the employment and training services
provided. The data subject's ability to receive service is not
affected by a refusal to give consent under this paragraph. The
consent form must state this fact.
Sec. 17. Minnesota Statutes 2002, section 307.08, is
amended by adding a subdivision to read:
Subd. 11. [BURIAL SITES DATA.] Burial sites locational and
related data maintained by the office of the state archaeologist
and accessible through the office's "Unplatted Burial Sites and
Earthworks in Minnesota" Web site are security information for
purposes of section 13.37. Persons who gain access to the data
maintained on the site are subject to liability under section
13.08 and the penalty established by section 13.09 if they
improperly use or further disseminate the data.
Sec. 18. Minnesota Statutes 2002, section 349A.08,
subdivision 9, is amended to read:
Subd. 9. [PRIVACY.] (a) The phone number and street
address of a winner of a lottery prize is private data on
individuals under chapter 13.
(b) Data on an individual, including name, physical and
electronic address, and telephone number, that are given to the
lottery for direct marketing purposes are private data on
individuals as defined in section 13.02. For purposes of this
subdivision, "direct marketing" means marketing conducted by the
lottery directly with the consumer.
Sec. 19. Minnesota Statutes 2002, section 386.20,
subdivision 1, is amended to read:
Subdivision 1. [RECORDATION.] (a) Certificates of
discharge from the United States army, the United States navy,
and the United States marine corps and releases or transfers
from active duty therein may be recorded in the office of the
county recorder of any county in this state by the person to
whom such discharge, release or transfer was issued without the
payment of any fee to the county recorder for recording the
same. Upon the request of the person having such instrument
recorded, the county recorder shall not stamp, mark, or make any
endorsement upon any such certificate of discharge, release or
transfer, but after the recording thereof has been completed the
recorder shall return the certificate of discharge, release, or
transfer in the condition received.
(b) In any county where the compensation of the county
recorder consists of fees only, the county recorder shall be
entitled to a fee of 60 cents for recording such instrument,
which shall be paid by the county upon presentation of a
verified claim by the county recorder.
(c) The release of any information pertaining to military
certificates of discharge is governed by section 196.08.
Sec. 20. [REPEALER.]
Minnesota Statutes 2002, sections 13.6401, subdivision 4;
and 270B.03, subdivision 8; and Laws 2001, First Special Session
chapter 10, article 2, section 40, are repealed.
Sec. 21. [EFFECTIVE DATE; APPLICATION.]
(a) Section 3 is effective August 1, 2003, and applies to
actions commenced on and after that date.
(b) Sections 12, 15, and 19 are effective January 1, 2004.
(c) Sections 11 and 18 are effective the day following
enactment.
Presented to the governor May 27, 2003
Signed by the governor May 30, 2003, 3:50 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes