2005 Minnesota Statutes

     383B.917 Open Meeting Law; Government Data Practices Act.

    Subdivision 1.    Data Practices Act.  (a) The 
 corporation is subject to chapter 13, the Minnesota Government 
 Data Practices Act.  

    (b) "Competitive data," as defined in this subdivision, are 
 nonpublic data pursuant to section 13.02, subdivision 9, or 
 private data on individuals pursuant to section 13.02, 
 subdivision 12.  Competitive data are any type of data that the 
 corporation, in its discretion, determines that if disclosed 
 could cause competitive disadvantage to the corporation, 
 including causing adverse effects on the current or future 
 competitive position of the corporation or the entities, 
 facilities, and operations for which it is responsible.  Data 
 discussed at an open meeting of the corporation retains the 
 data's original classification, including classification as 
 competitive data, as provided in section 13D.05, subdivision 1, 
 paragraph (c).  Any data disseminated by the corporation to the 
 county shall retain the same classification in the hands of the 
 county, including the classification as competitive data, as 
 provided in section 13.03, subdivision 4. 

    (c) A subsidiary, joint venture, association, partnership, 
 or other entity that is formed by the corporation is not subject 
 to chapter 13, except that if the corporation enters into a 
 contract with such an entity to perform any functions of the 
 corporation, the corporation shall include in the contract terms 
 that make it clear that data created, collected, received, 
 stored, used, maintained, or disseminated by the contracting 
 entity in performing those functions is subject to the same 
 requirements under chapter 13 as the corporation under this 
 subdivision.  However, this section does not create a duty on 
 the part of the contracting entity to provide access to public 
 data to the public if the public data are available from the 
 corporation, except as required by the terms of the contract.  
 Any entity contracting to perform functions of the corporation 
 may classify data as competitive data as defined in paragraph 
 (b). 

    Subd. 2.    Open Meeting Law.  (a) The board of 
 directors of the corporation is subject to chapter 13D, the 
 Minnesota Open Meeting Law.  

    (b) The board may close all or part of a board meeting when 
 discussing competitive data or considering strategic, business, 
 planning, or operational issues the disclosure of which, in its 
 discretion, it determines could cause competitive disadvantage 
 to the corporation, including causing adverse effects on the 
 current or future competitive position of the corporation or the 
 entities, facilities, and operations for which it is 
 responsible.  Meetings of committees of the board of directors 
 may, at the discretion of the board, be closed to the public.  

    (c) In addition, the following meetings of the corporation 
 shall be held and shall be open meetings:  (1) an annual public 
 meeting to report on the affairs of the corporation and the 
 goals for the future, including a report on the health services 
 plan specified in section 383B.918; (2) meetings of the 
 corporation held during the development and implementation phase 
 of the health services plan for the purpose of informing the 
 public and receiving public comment; and (3) that portion of a 
 meeting at which the board of the corporation approves the 
 annual budget prior to submission to the county board for 
 approval.  Meetings held under clause (1) or (2) may be chaired 
 by a member of the board of directors or a member of the 
 administration as designated by the board of directors.  Except 
 as provided in paragraphs (a), (b), and (c), other meetings of 
 the corporation are not subject to chapter 13D.  

    (d) Chapter 13D does not apply to a subsidiary, joint 
 venture, association, or partnership of the corporation unless 
 such entity has been organized to assume management of the 
 corporation. 

    HIST: 2005 c 125 art 1 s 17 

*   NOTE:  This section, as added by Laws 2005, chapter 125, 
*article 1, section 17, is effective when the initial board of 
*the corporation is appointed by the county board.  Laws 2005, 
*chapter 125, article 1, section 29, as amended by Laws 2005, 
*First Special Session chapter 7, section 34.