Bill Text: MN HF2167 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Government data practice application clarified.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-05-12 - HF indefinitely postponed [HF2167 Detail]
Download: Minnesota-2013-HF2167-Engrossed.html
1.2relating to data practices; clarifying application of government data practices act
1.3to parties contracting with a government entity;amending Minnesota Statutes
1.42012, section 13.05, subdivision 11.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 13.05, subdivision 11, is amended to read:
1.7 Subd. 11. Privatization. (a) If a government entity enters into a contract with a
1.8private person to perform any of its functions,the government entity shall include in the
1.9contract terms that make it clear that all of the data created, collected, received, stored,
1.10used, maintained, or disseminated by the private person in performing those functions
1.11is subject to the requirements of this chapter andthat the private person must comply
1.12with those requirements as if it were a government entity. All contracts entered into
1.13by a government entity must include a notice that the requirements of this subdivision
1.14apply to the contract. Failure to include the notice in the contract does not invalidate the
1.15application of this subdivision. The remedies in section13.08 apply to the private person
1.16under this subdivision.
1.17(b) This subdivision does not create a duty on the part of the private person to
1.18provide access to public data to the public if the public data are available from the
1.19government entity, except as required by the terms of the contract.
1.3to parties contracting with a government entity;amending Minnesota Statutes
1.42012, section 13.05, subdivision 11.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 13.05, subdivision 11, is amended to read:
1.7 Subd. 11. Privatization. (a) If a government entity enters into a contract with a
1.8private person to perform any of its functions,
1.9
1.10used, maintained, or disseminated by the private person in performing those functions
1.11is subject to the requirements of this chapter and
1.12with those requirements as if it were a government entity. All contracts entered into
1.13by a government entity must include a notice that the requirements of this subdivision
1.14apply to the contract. Failure to include the notice in the contract does not invalidate the
1.15application of this subdivision. The remedies in section
1.16under this subdivision.
1.17(b) This subdivision does not create a duty on the part of the private person to
1.18provide access to public data to the public if the public data are available from the
1.19government entity, except as required by the terms of the contract.
