SF 1718

as introduced - 90th Legislature (2017 - 2018) Posted on 03/03/2017 09:23am

A bill for an act
relating to data practices; modifying requirements for a government entity denying
access to data; amending Minnesota Statutes 2016, section 13.03, subdivision 3.

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

Section 1.

Minnesota Statutes 2016, 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 costs of searching for and
retrieving government data, including the cost of employee time, and for making, certifying,
and electronically transmitting the copies of the data or the data, but may not charge for
separating public from not public data. However, if 100 or fewer pages of black and white,
letter or legal size paper copies are requested, 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 and certifying 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,
new text begin including the statutory section's subdivision, paragraph, or clause, if applicable, new text end 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,
new text begin including the statutory section's subdivision, paragraph, or clause, if applicable, new text end temporary
classification, or specific provision of federal law upon which the denial was based.