A bill for an act
relating to data practices; modifying certain data request and retention provisions;
creating a state electronic document repository; appropriating money; amending
Minnesota Statutes 2022, sections 13.03, subdivision 3, by adding a subdivision;
138.17, subdivisions 1, 7; proposing coding for new law in Minnesota Statutes,
chapter 13.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2022, section 13.03, subdivision 3, is amended to read:
(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.new text begin For state agencies, "as soon as
reasonably possible" means no more than 30 days. If the request cannot be filled within 30
days, the agency must provide the requester a written explanation on why compliance with
this paragraph was not possible. An agency that is required to provide a written explanation
during a fiscal year must report to the Legislative Commission on Data Practices by February
1 of the following fiscal year. The report must include the number of requests received by
the agency, the number of requests that were not fulfilled within 30 days, and the exigent
circumstances of those requests that made compliance with this paragraph unreasonable.
new text end
(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,
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, temporary classification, or specific provision of federal law upon which the denial
was based.
Minnesota Statutes 2022, section 13.03, is amended by adding a subdivision to
read:
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Notwithstanding subdivisions 3, paragraphs (b) to (e), and 10, a
person may apply for a fee waiver. A state agency must evaluate the following factors in
determining whether to issue a fee waiver:
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(1) if the data concerns the operations or activities of the government;
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(2) if the data is likely to contribute to an increased understanding of government
operations of importance to the public;
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(3) if the data is likely to contribute to a public understanding of the subject;
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(4) if the data is likely to contribute significantly to public understanding of government
operations or activities; and
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(5) if the data is not primarily requested due to a commercial interest in disclosure.
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By ......., the chief information officer must develop and
maintain a state electronic document repository.
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The following documents created or received by a state agency must
be accessible in the repository:
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(1) documents relating to permits, including any draft or final permit for a mining,
pipeline, or energy facility; feedlot; water appropriation; any permit noticed for public
comment; and any permit subject to federal review shall be available online with its
application, technical support documents, federal review comments, comments of the public,
and Tribal comments;
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(2) documents relating to task forces and studies, including applications, technical
materials, drafts, and research;
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(3) rulemaking record documents under section 14.365; and
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(4) documents relating to public health exposure testing, including testing of the
concentration of mercury in fish and monitoring of ambient air quality near emissions
sources.
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(a) The state electronic document repository must be capable of
multi-faceted search by at least the following criteria: agency, date created, keyword, and
permit or rulemaking number.
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(b) Notwithstanding any law to the contrary, documents must be retained in the repository
for the longer of 20 years or the time required by other law prescribing a retention timeline
for the content.
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(a) Within 18 months of completion of the system, an agency with
existing documents required for access under subdivision 2, that does not contain not public
data as defined by section 13.02, subdivision 8a, must be available in the repository.
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(b) Within four years of completion of the system, an agency with existing documents
required for access under subdivision 2 that contain not public data must be available in the
repository.
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(c) An agency with new documents required for access under subdivision 2 that do not
contain not public data must be available in the repository within one month of their creation.
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(d) An agency with new documents required for access under subdivision 2 that contain
not public data must be available in the repository within three months of the documents'
creation.
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Minnesota Statutes 2022, section 138.17, subdivision 1, is amended to read:
(a) The attorney general, legislative auditor in the case of state records, state
auditor in the case of local records, and director of the Minnesota Historical Society,
hereinafter director, shall constitute the Records Disposition Panel. The members of the
panel shall have power by m