| 3 | | - | 1.3 requests; amending Minnesota Statutes 2024, section 13.03, subdivision 3. |
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| 4 | | - | 1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 5 | | - | 1.5 Section 1. Minnesota Statutes 2024, section 13.03, subdivision 3, is amended to read: |
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| 6 | | - | 1.6 Subd. 3.Request for access to data.(a) Upon request to a responsible authority or |
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| 7 | | - | 1.7designee, a person shall be permitted to inspect and copy public government data at |
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| 8 | | - | 1.8reasonable times and places, and, upon request, shall be informed of the data's meaning. If |
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| 9 | | - | 1.9a person requests access for the purpose of inspection, the responsible authority may not |
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| 10 | | - | 1.10assess a charge or require the requesting person to pay a fee to inspect data. |
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| 11 | | - | 1.11 (b) For purposes of this section, "inspection" includes, but is not limited to, the visual |
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| 12 | | - | 1.12inspection of paper and similar types of government data. Inspection does not include |
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| 13 | | - | 1.13printing copies by the government entity, unless printing a copy is the only method to provide |
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| 14 | | - | 1.14for inspection of the data. In the case of data stored in electronic form and made available |
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| 15 | | - | 1.15in electronic form on a remote access basis to the public by the government entity, inspection |
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| 16 | | - | 1.16includes remote access to the data by the public and the ability to print copies of or download |
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| 17 | | - | 1.17the data on the public's own computer equipment. Nothing in this section prohibits a |
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| 18 | | - | 1.18government entity from charging a reasonable fee for remote access to data under a specific |
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| 19 | | - | 1.19statutory grant of authority. A government entity may charge a fee for remote access to data |
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| 20 | | - | 1.20where either the data or the access is enhanced at the request of the person seeking access. |
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| 21 | | - | 1.21 (c) The responsible authority or designee shall provide copies of public data upon request. |
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| 22 | | - | 1.22If a person requests copies or electronic transmittal of the data to the person, the responsible |
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| 23 | | - | 1.23authority may require the requesting person to pay the actual costs of searching for and |
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| 3 | + | 1.3 requests to a school district; amending Minnesota Statutes 2024, section 13.03, by |
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| 4 | + | 1.4 adding a subdivision. |
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| 5 | + | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 6 | + | 1.6 Section 1. Minnesota Statutes 2024, section 13.03, is amended by adding a subdivision |
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| 7 | + | 1.7to read: |
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| 8 | + | 1.8 Subd. 3a.Data requests to school districts.(a) For purposes of this subdivision, "school |
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| 9 | + | 1.9district" means an independent or special school district, as defined in section 120A.05. |
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| 10 | + | 1.10 (b) The provisions in this subdivision apply to a request made to a school district to |
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| 11 | + | 1.11inspect or receive copies of public government data pursuant to subdivision 3. The provisions |
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| 12 | + | 1.12in this subdivision are in addition to those contained in subdivision 3, except that when the |
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| 13 | + | 1.13provisions of this subdivision conflict with those of subdivision 3, this subdivision prevails. |
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| 14 | + | 1.14This subdivision does not apply to a request made by a data subject under section 13.04. |
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| 15 | + | 1.15 (c) A person may not request public data from a school district anonymously. The |
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| 16 | + | 1.16requesting person must provide the school district's responsible authority or designee with |
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| 17 | + | 1.17the identification credentials required by the responsible authority. |
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| 18 | + | 1.18 (d) In addition to any other fees or charges allowable under this chapter, if a requesting |
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| 19 | + | 1.19person fails to appear to inspect the requested data, the responsible authority may require |
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| 20 | + | 1.20the requesting person to pay the costs authorized to be charged under subdivision 3, paragraph |
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| 21 | + | 1.21(c), plus the cost of employee time spent separating public from not public data. |
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| 35 | | - | The bill was read for the first time and referred to the Committee on Judiciary Finance and Civil Law |
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| 36 | | - | Adoption of Report: Placed on the General Register as Amended04/10/2025 |
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| 37 | | - | Read for the Second Time 2.1retrieving government data, including the cost of employee time, and for making, certifying, |
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| 38 | | - | 2.2and electronically transmitting the copies of the data or the data, but may not charge for |
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| 39 | | - | 2.3separating public from not public data. However, if 100 or fewer pages of black and white, |
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| 40 | | - | 2.4letter or legal size paper copies are requested, actual costs shall not be used, and instead, |
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| 41 | | - | 2.5the responsible authority may charge no more than 25 cents for each page copied. If the |
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| 42 | | - | 2.6responsible authority or designee is not able to provide copies at the time a request is made, |
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| 43 | | - | 2.7copies shall be supplied as soon as reasonably possible. |
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| 44 | | - | 2.8 (d) When a request under this subdivision involves any person's receipt of copies of |
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| 45 | | - | 2.9public government data that has commercial value and is a substantial and discrete portion |
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| 46 | | - | 2.10of or an entire formula, pattern, compilation, program, device, method, technique, process, |
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| 47 | | - | 2.11database, or system developed with a significant expenditure of public funds by the |
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| 48 | | - | 2.12government entity, the responsible authority may charge a reasonable fee for the information |
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| 49 | | - | 2.13in addition to the costs of making and certifying the copies. Any fee charged must be clearly |
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| 50 | | - | 2.14demonstrated by the government entity to relate to the actual development costs of the |
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| 51 | | - | 2.15information. The responsible authority, upon the request of any person, shall provide |
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| 52 | | - | 2.16sufficient documentation to explain and justify the fee being charged. |
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| 53 | | - | 2.17 (e) The responsible authority of a government entity that maintains public government |
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| 54 | | - | 2.18data in a computer storage medium shall provide to any person making a request under this |
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| 55 | | - | 2.19section a copy of any public data contained in that medium, in electronic form, if the |
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| 56 | | - | 2.20government entity can reasonably make the copy or have a copy made. This does not require |
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| 57 | | - | 2.21a government entity to provide the data in an electronic format or program that is different |
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| 58 | | - | 2.22from the format or program in which the data are maintained by the government entity. The |
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| 59 | | - | 2.23entity may require the requesting person to pay the actual cost of providing the copy. |
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| 60 | | - | 2.24 (f) If the responsible authority or designee determines that the requested data is classified |
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| 61 | | - | 2.25so as to deny the requesting person access, the responsible authority or designee shall inform |
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| 62 | | - | 2.26the requesting person of the determination either orally at the time of the request, or in |
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| 63 | | - | 2.27writing as soon after that time as possible, and shall cite the specific statutory section, |
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| 64 | | - | 2.28temporary classification, or specific provision of federal law on which the determination is |
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| 65 | | - | 2.29based. Upon the request of any person denied access to data, the responsible authority or |
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| 66 | | - | 2.30designee shall certify in writing that the request has been denied and cite the specific statutory |
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| 67 | | - | 2.31section, temporary classification, or specific provision of federal law upon which the denial |
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| 68 | | - | 2.32was based. |
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| 69 | | - | 2.33 (g) If a responsible authority has notified the requesting person that responsive data or |
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| 70 | | - | 2.34copies are available for inspection or collection, and the requesting person does not inspect |
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| 71 | | - | 2.35the data or collect the copies within five days of the notification, the responsible authority |
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| 31 | + | The bill was read for the first time and referred to the Committee on Judiciary Finance and Civil Law 2.1 EFFECTIVE DATE.This section is effective the day following final enactment and |
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| 32 | + | 2.2applies to data requests made on or after that date. |
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