1.2relating to state government; adding a provision to government data practices
1.3allowing access to public government data online;amending Minnesota Statutes
1.42010, section 13.03, subdivision 3.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6    Section 1. Minnesota Statutes 2010, section 13.03, subdivision 3, is amended to read:
1.7    Subd. 3. Request for access to data. (a) Upon request to a responsible authority
1.8or designee, a person shall be permitted to inspect and copy public government data at
1.9reasonable times and places, and, upon request, shall be informed of the data's meaning. If
1.10a person requests access for the purpose of inspection, the responsible authority may not
1.11assess a charge or require the requesting person to pay a fee to inspect data.
1.12    (b) For purposes of this section, "inspection" includes, but is not limited to, the
1.13visual inspection of paper and similar types of government data. Inspection does not
1.14include printing copies by the government entity, unless printing a copy is the only
1.15method to provide for inspection of the data. In the case of data stored in electronic form
1.16and made available in electronic form on a remote access basis to the public by the
1.17government entity, inspection includes remote access to the data by the public and the
1.18ability to print copies of or download the data on the public's own computer equipment.
1.19Nothing in this section prohibits a government entity from charging a reasonable fee for
1.20remote access to data under a specific statutory grant of authority. A government entity
1.21may charge a fee for remote access to data where either the data or the access is enhanced
1.22at the request of the person seeking access.
1.23    (c) The responsible authority or designee shall provide copies of public data upon
1.24request. If a person requests copies or electronic transmittal of the data to the person,
2.1the responsible authority may require the requesting person to pay the actual costs of
2.2searching for and retrieving government data, including the cost of employee time, and for
2.3making, certifying, and electronically transmitting the copies of the data or the data, but
2.4may not charge for separating public from not public data. However, if 100 or fewer pages
2.5of black and white, letter or legal size paper copies are requested, actual costs shall not be
2.6used, and instead, the responsible authority may charge no more than 25 cents for each
2.7page copied. If the responsible authority or designee is not able to provide copies at the
2.8time a request is made, copies shall be supplied as soon as reasonably possible.
2.9    (d) When a request under this subdivision involves any person's receipt of copies
2.10of public government data that has commercial value and is a substantial and discrete
2.11portion of or an entire formula, pattern, compilation, program, device, method, technique,
2.12process, database, or system developed with a significant expenditure of public funds by
2.13the government entity, the responsible authority may charge a reasonable fee for the
2.14information in addition to the costs of making and certifying the copies. Any fee charged
2.15must be clearly demonstrated by the government entity to relate to the actual development
2.16costs of the information. The responsible authority, upon the request of any person, shall
2.17provide sufficient documentation to explain and justify the fee being charged.
2.18    (e) The responsible authority of a government entity that maintains public
2.19government data in a computer storage medium shall provide to any person making a
2.20request under this section a copy of any public data contained in that medium, in electronic
2.21form, if the government entity can reasonably make the copy or have a copy made.
2.22This does not require a government entity to provide the data in an electronic format or
2.23program that is different from the format or program in which the data are maintained
2.24by the government entity. The entity may require the requesting person to pay the actual
2.25cost of providing the copy.
2.26    (f) If the responsible authority or designee determines that the requested data is
2.27classified so as to deny the requesting person access, the responsible authority or designee
2.28shall inform the requesting person of the determination either orally at the time of the
2.29request, or in writing as soon after that time as possible, and shall cite the specific
2.30statutory section, temporary classification, or specific provision of federal law on which
2.31the determination is based. Upon the request of any person denied access to data, the
2.32responsible authority or designee shall certify in writing that the request has been denied
2.33and cite the specific statutory section, temporary classification, or specific provision of
2.34federal law upon which the denial was based.
2.35(g) The responsible authority or designee of a government entity may comply with
2.36a request for inspection or copies of public government data, in whole or in part, by
3.1providing a link or links to a specific Web site that contains the requested data online. A
3.2government entity may only use this paragraph to comply with a request to inspect and/or
3.3copy government data if all of the following conditions are met:
3.4(1) data are classified as public;
3.5(2) data already exist online or are placed online immediately or within ten business
3.6days of the request;
3.7(3) data are on a currently available and online public Web site;
3.8(4) the responsible authority or designee provides links and instructions to each
3.9individual requester so that the requested data are easily accessible;
3.10(5) other data not provided according to this paragraph and the government entity's
3.11response time to the data request are consistent with the requirements of sections 13.03
3.12and 13.04; and
3.13(6) no fee is charged for access to the data online.
3.14(h) Upon request, a government entity that complies with a data request according
3.15to paragraph (g) must inform the data requester if the online data are maintained in
3.16another electronic format and provide reasonable access to the alternative electronic
3.17format through e-mail or another electronic delivery method. No fee may be charged for
3.18providing the data in an alternative electronic format under this paragraph.