2006 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.
History: 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.