Bill Text: MN SF1149 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Transportation related data classification authorization
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2011-04-28 - Second reading [SF1149 Detail]
Download: Minnesota-2011-SF1149-Engrossed.html
1.2relating to data practices; classifying data obtained for design-build transportation
1.3projects; classifying certain data related to adopt-a-highway program; classifying
1.4data related to mileage-based road users; modifying provisions related to traffic
1.5accident data;amending Minnesota Statutes 2010, sections 13.72, subdivision
1.611, by adding subdivisions; 169.09, subdivision 13.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 13.72, subdivision 11, is amended to read:
1.9 Subd. 11. Design-build transportation project data. (a) This subdivision
1.10applies to government data of the Department of Transportation when theDepartment
1.11commissioner of transportation undertakes a design-build transportation project as defined
1.12in section161.3410, subdivision 6 , the statement of qualification evaluation criteria and
1.13scoring methodology, statement of qualification evaluations, technical proposal evaluation
1.14criteria and scoring methodology, and technical proposal evaluations are classified as
1.15protected nonpublic data with regard to data not on individuals and as confidential
1.16data on individuals. The statement of qualification evaluation criteria and scoring
1.17methodology and statement of qualification evaluations are public when the Department
1.18of Transportation announces the short list of qualified contractors. The technical proposal
1.19evaluation criteria, scoring methodology, and technical proposal evaluations are public
1.20when the project is awarded.
1.21(b) When the commissioner solicits a request for qualifications (RFQ), as defined in
1.22section 161.3410, subdivision 9:
1.23(1) the statement of qualifications evaluation criteria and scoring methodology,
1.24identifying information concerning the members of the technical review committee, and
2.1the statement of qualifications evaluations are confidential data on individuals or protected
2.2nonpublic data; and
2.3(2) the statement of qualifications submitted by a potential design-build firm, as
2.4defined in section 161.3410, subdivision 4, is nonpublic data.
2.5When the commissioner announces the short list of qualified design-build firms, the
2.6statement of qualifications evaluation criteria and scoring methodology and the statement
2.7of qualifications evaluations classified under clause (1) become public data.
2.8(c) When the commissioner solicits a request for proposals (RFP), as defined in
2.9section 161.3410, subdivision 8:
2.10(1) the technical proposal; alternative technical concepts; preapproved elements;
2.11price proposal; disadvantaged business enterprise and equal employment opportunity
2.12submittal; and data used to evaluate the disadvantaged business enterprise and equal
2.13employment opportunity submittal, are nonpublic data; and
2.14(2) the technical proposal evaluation criteria and scoring methodology, and technical
2.15proposal evaluations are protected nonpublic data.
2.16(d) When the commissioner opens the price proposals under section 161.3426,
2.17subdivision 1, paragraph (b):
2.18(1) the technical proposal evaluation scores and the dollar amounts in the price
2.19proposals become public data;
2.20(2) the statement of qualifications submitted by a potential design-build firm;
2.21the technical proposal; alternative technical concepts; preapproved elements; the
2.22disadvantaged business enterprise and equal employment opportunity submittal; and data
2.23used to evaluate the disadvantaged business enterprise and equal employment opportunity
2.24submittal, remain nonpublic data until the project is awarded, with the exception of trade
2.25secret data as defined and classified in section 13.37; and
2.26(3) the technical proposal evaluation criteria and scoring methodology; technical
2.27proposal evaluations, other than scores made public under clause (1); and identifying
2.28information concerning the members of the technical review committee, remain protected
2.29nonpublic data until the project is awarded.
2.30(e) If all responses to a request for proposals are rejected before awarding the
2.31project, data that do not become public under this subdivision retain their classification
2.32until a resolicitation of the request for proposals results in award of the project or a
2.33determination is made to abandon the project. If a resolicitation of proposals does not
2.34occur within one year of the announcement of the short list of qualified design-build firms,
2.35all data under this subdivision become public.
3.1 Sec. 2. Minnesota Statutes 2010, section 13.72, is amended by adding a subdivision to
3.2read:
3.3 Subd. 17. Adopt-a-highway data. The following data on participants collected
3.4by the Department of Transportation to administer the adopt-a-highway program are
3.5classified as private data on individuals: home addresses, except for zip codes; home
3.6e-mail addresses; and home telephone numbers.
3.7 Sec. 3. Minnesota Statutes 2010, section 13.72, is amended by adding a subdivision to
3.8read:
3.9 Subd. 18. Mileage-based user fee data. The following data pertaining to users
3.10of navigation software and recording devices used to determine mileage-based user fees
3.11are private data on individuals or nonpublic data: data contained in applications for
3.12participation in the program; personal identification data; vehicle identification data;
3.13financial and credit data; and field data including road usage data. Notwithstanding section
3.1413.03, subdivision 6, a law enforcement agency may obtain access to data that are not
3.15public under this subdivision only pursuant to a search warrant based upon probable cause.
3.16 Sec. 4. Minnesota Statutes 2010, section 169.09, subdivision 13, is amended to read:
3.17 Subd. 13. Reports confidential; evidence, fee, penalty, appropriation. (a) All
3.18reports and supplemental information required under this section must be for the use
3.19of the commissioner of public safety and other appropriate state, federal, county, and
3.20municipal governmental agencies for accident analysis purposes and for the use of the
3.21commissioner of transportation for the purpose of seeking restitution for damages to
3.22state-owned infrastructure, except:
3.23(1) the commissioner of public safety or any law enforcement agency shall, upon
3.24written request of any individual involved in an accident or upon written request of the
3.25representative of the individual's estate, surviving spouse, or one or more surviving next
3.26of kin, or a trustee appointed under section573.02 , or other person injured in person,
3.27property, or means of support, or who incurs other pecuniary loss by virtue of the accident,
3.28disclose to the requester, the requester's legal counsel, or a representative of the requester's
3.29insurer the report required under subdivision 8;
3.30(2) the commissioner of public safety shall, upon written request, provide the driver
3.31filing a report under subdivision 7 with a copy of the report filed by the driver;
3.32(3) the commissioner of public safety may verify with insurance companies vehicle
3.33insurance information to enforce sections65B.48 ,
169.792 ,
169.793 ,
169.796 , and
3.34169.797
;
4.1(4) the commissioner of public safety shall provide the commissioner of
4.2transportation the information obtained for each traffic accident involving a commercial
4.3motor vehicle, for purposes of administering commercial vehicle safety regulations; and
4.4(5) the commissioner of public safety may give to the United States Department of
4.5Transportation commercial vehicle accident information in connection with federal grant
4.6programs relating to safety.
4.7(b) Accident reports and data contained in the reports are not discoverable under any
4.8provision of law or rule of court. No report shall be used as evidence in any trial, civil or
4.9criminal, or any action for damages or criminal proceedings arising out of an accident.
4.10However, the commissioner of public safety shall furnish, upon the demand of any person
4.11who has or claims to have made a report or upon demand of any court, a certificate
4.12showing that a specified accident report has or has not been made to the commissioner
4.13solely to prove compliance or failure to comply with the requirements that the report be
4.14made to the commissioner.
4.15(c) Nothing in this subdivision prevents any individual who has made a report under
4.16this section from providing information to any individuals involved in an accident or their
4.17representatives or from testifying in any trial, civil or criminal, arising out of an accident,
4.18as to facts within the individual's knowledge. It is intended by this subdivision to render
4.19privileged the reports required, but it is not intended to prohibit proof of the facts to
4.20which the reports relate.
4.21(d) Disclosing any information contained in any accident report, except as provided
4.22in this subdivision, section13.82, subdivision 3 or 6 , or other statutes, is a misdemeanor.
4.23(e) The commissioner of public safety shall charge authorized persons as described
4.24in paragraph (a) a $5 fee for a copy of an accident report. Ninety percent of the $5 fee
4.25collected under this paragraph must be deposited in the special revenue fund and credited
4.26to the driver services operating account established in section299A.705 and ten percent
4.27must be deposited in the general fund. The commissioner may also furnish an electronic
4.28copy of the database of accident records, which must not contain personal or private data
4.29on an individual, to private agencies as provided in paragraph (g), for not less than the cost
4.30of preparing the copies on a bulk basis as provided in section13.03, subdivision 3 .
4.31(f) The fees specified in paragraph (e) notwithstanding, the commissioner and law
4.32enforcement agencies shall charge commercial users who request access to response or
4.33incident data relating to accidents a fee not to exceed 50 cents per record. "Commercial
4.34user" is a user who in one location requests access to data in more than five accident
4.35reports per month, unless the user establishes that access is not for a commercial purpose.
4.36Of the money collected by the commissioner under this paragraph, 90 percent must be
5.1deposited in the special revenue fund and credited to the driver services operating account
5.2established in section299A.705 and ten percent must be deposited in the general fund.
5.3(g) The fees in paragraphs (e) and (f) notwithstanding, the commissioner shall
5.4provide an electronic copy of the accident records database to the public on a case-by-case
5.5basis using the cost-recovery charges provided for under section13.03, subdivision
5.63 . The database provided must not contain personal or private data on an individual.
5.7However, unless the accident records database includes the vehicle identification number,
5.8the commissioner shall include the vehicle registration plate number if a private agency
5.9certifies and agrees that the agency:
5.10(1) is in the business of collecting accident and damage information on vehicles;
5.11(2) will use the vehicle registration plate number only for identifying vehicles that
5.12have been involved in accidents or damaged, to provide this information to persons
5.13seeking access to a vehicle's history and not for identifying individuals or for any other
5.14purpose; and
5.15(3) will be subject to the penalties and remedies under sections13.08 and
13.09 .
1.3projects; classifying certain data related to adopt-a-highway program; classifying
1.4data related to mileage-based road users; modifying provisions related to traffic
1.5accident data;amending Minnesota Statutes 2010, sections 13.72, subdivision
1.611, by adding subdivisions; 169.09, subdivision 13.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 13.72, subdivision 11, is amended to read:
1.9 Subd. 11. Design-build transportation project data. (a) This subdivision
1.10applies to government data of the Department of Transportation when the
1.11commissioner of transportation undertakes a design-build transportation project as defined
1.12in section
1.13
1.14
1.15
1.16
1.17
1.18
1.19
1.20
1.21(b) When the commissioner solicits a request for qualifications (RFQ), as defined in
1.22section 161.3410, subdivision 9:
1.23(1) the statement of qualifications evaluation criteria and scoring methodology,
1.24identifying information concerning the members of the technical review committee, and
2.1the statement of qualifications evaluations are confidential data on individuals or protected
2.2nonpublic data; and
2.3(2) the statement of qualifications submitted by a potential design-build firm, as
2.4defined in section 161.3410, subdivision 4, is nonpublic data.
2.5When the commissioner announces the short list of qualified design-build firms, the
2.6statement of qualifications evaluation criteria and scoring methodology and the statement
2.7of qualifications evaluations classified under clause (1) become public data.
2.8(c) When the commissioner solicits a request for proposals (RFP), as defined in
2.9section 161.3410, subdivision 8:
2.10(1) the technical proposal; alternative technical concepts; preapproved elements;
2.11price proposal; disadvantaged business enterprise and equal employment opportunity
2.12submittal; and data used to evaluate the disadvantaged business enterprise and equal
2.13employment opportunity submittal, are nonpublic data; and
2.14(2) the technical proposal evaluation criteria and scoring methodology, and technical
2.15proposal evaluations are protected nonpublic data.
2.16(d) When the commissioner opens the price proposals under section 161.3426,
2.17subdivision 1, paragraph (b):
2.18(1) the technical proposal evaluation scores and the dollar amounts in the price
2.19proposals become public data;
2.20(2) the statement of qualifications submitted by a potential design-build firm;
2.21the technical proposal; alternative technical concepts; preapproved elements; the
2.22disadvantaged business enterprise and equal employment opportunity submittal; and data
2.23used to evaluate the disadvantaged business enterprise and equal employment opportunity
2.24submittal, remain nonpublic data until the project is awarded, with the exception of trade
2.25secret data as defined and classified in section 13.37; and
2.26(3) the technical proposal evaluation criteria and scoring methodology; technical
2.27proposal evaluations, other than scores made public under clause (1); and identifying
2.28information concerning the members of the technical review committee, remain protected
2.29nonpublic data until the project is awarded.
2.30(e) If all responses to a request for proposals are rejected before awarding the
2.31project, data that do not become public under this subdivision retain their classification
2.32until a resolicitation of the request for proposals results in award of the project or a
2.33determination is made to abandon the project. If a resolicitation of proposals does not
2.34occur within one year of the announcement of the short list of qualified design-build firms,
2.35all data under this subdivision become public.
3.1 Sec. 2. Minnesota Statutes 2010, section 13.72, is amended by adding a subdivision to
3.2read:
3.3 Subd. 17. Adopt-a-highway data. The following data on participants collected
3.4by the Department of Transportation to administer the adopt-a-highway program are
3.5classified as private data on individuals: home addresses, except for zip codes; home
3.6e-mail addresses; and home telephone numbers.
3.7 Sec. 3. Minnesota Statutes 2010, section 13.72, is amended by adding a subdivision to
3.8read:
3.9 Subd. 18. Mileage-based user fee data. The following data pertaining to users
3.10of navigation software and recording devices used to determine mileage-based user fees
3.11are private data on individuals or nonpublic data: data contained in applications for
3.12participation in the program; personal identification data; vehicle identification data;
3.13financial and credit data; and field data including road usage data. Notwithstanding section
3.1413.03, subdivision 6, a law enforcement agency may obtain access to data that are not
3.15public under this subdivision only pursuant to a search warrant based upon probable cause.
3.16 Sec. 4. Minnesota Statutes 2010, section 169.09, subdivision 13, is amended to read:
3.17 Subd. 13. Reports confidential; evidence, fee, penalty, appropriation. (a) All
3.18reports and supplemental information required under this section must be for the use
3.19of the commissioner of public safety and other appropriate state, federal, county, and
3.20municipal governmental agencies for accident analysis purposes and for the use of the
3.21commissioner of transportation for the purpose of seeking restitution for damages to
3.22state-owned infrastructure, except:
3.23(1) the commissioner of public safety or any law enforcement agency shall, upon
3.24written request of any individual involved in an accident or upon written request of the
3.25representative of the individual's estate, surviving spouse, or one or more surviving next
3.26of kin, or a trustee appointed under section
3.27property, or means of support, or who incurs other pecuniary loss by virtue of the accident,
3.28disclose to the requester, the requester's legal counsel, or a representative of the requester's
3.29insurer the report required under subdivision 8;
3.30(2) the commissioner of public safety shall, upon written request, provide the driver
3.31filing a report under subdivision 7 with a copy of the report filed by the driver;
3.32(3) the commissioner of public safety may verify with insurance companies vehicle
3.33insurance information to enforce sections
4.1(4) the commissioner of public safety shall provide the commissioner of
4.2transportation the information obtained for each traffic accident involving a commercial
4.3motor vehicle, for purposes of administering commercial vehicle safety regulations; and
4.4(5) the commissioner of public safety may give to the United States Department of
4.5Transportation commercial vehicle accident information in connection with federal grant
4.6programs relating to safety.
4.7(b) Accident reports and data contained in the reports are not discoverable under any
4.8provision of law or rule of court. No report shall be used as evidence in any trial, civil or
4.9criminal, or any action for damages or criminal proceedings arising out of an accident.
4.10However, the commissioner of public safety shall furnish, upon the demand of any person
4.11who has or claims to have made a report or upon demand of any court, a certificate
4.12showing that a specified accident report has or has not been made to the commissioner
4.13solely to prove compliance or failure to comply with the requirements that the report be
4.14made to the commissioner.
4.15(c) Nothing in this subdivision prevents any individual who has made a report under
4.16this section from providing information to any individuals involved in an accident or their
4.17representatives or from testifying in any trial, civil or criminal, arising out of an accident,
4.18as to facts within the individual's knowledge. It is intended by this subdivision to render
4.19privileged the reports required, but it is not intended to prohibit proof of the facts to
4.20which the reports relate.
4.21(d) Disclosing any information contained in any accident report, except as provided
4.22in this subdivision, section
4.23(e) The commissioner of public safety shall charge authorized persons as described
4.24in paragraph (a) a $5 fee for a copy of an accident report. Ninety percent of the $5 fee
4.25collected under this paragraph must be deposited in the special revenue fund and credited
4.26to the driver services operating account established in section
4.27must be deposited in the general fund. The commissioner may also furnish an electronic
4.28copy of the database of accident records, which must not contain personal or private data
4.29on an individual, to private agencies as provided in paragraph (g), for not less than the cost
4.30of preparing the copies on a bulk basis as provided in section
4.31(f) The fees specified in paragraph (e) notwithstanding, the commissioner and law
4.32enforcement agencies shall charge commercial users who request access to response or
4.33incident data relating to accidents a fee not to exceed 50 cents per record. "Commercial
4.34user" is a user who in one location requests access to data in more than five accident
4.35reports per month, unless the user establishes that access is not for a commercial purpose.
4.36Of the money collected by the commissioner under this paragraph, 90 percent must be
5.1deposited in the special revenue fund and credited to the driver services operating account
5.2established in section
5.3(g) The fees in paragraphs (e) and (f) notwithstanding, the commissioner shall
5.4provide an electronic copy of the accident records database to the public on a case-by-case
5.5basis using the cost-recovery charges provided for under section
5.63
5.7However, unless the accident records database includes the vehicle identification number,
5.8the commissioner shall include the vehicle registration plate number if a private agency
5.9certifies and agrees that the agency:
5.10(1) is in the business of collecting accident and damage information on vehicles;
5.11(2) will use the vehicle registration plate number only for identifying vehicles that
5.12have been involved in accidents or damaged, to provide this information to persons
5.13seeking access to a vehicle's history and not for identifying individuals or for any other
5.14purpose; and
5.15(3) will be subject to the penalties and remedies under sections
