Bill Text: MN SF800 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Road use test participation and construction manager and general contractor contract data classification
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-20 - Second reading [SF800 Detail]
Download: Minnesota-2013-SF800-Introduced.html
1.2relating to transportation; data practices; classifying certain Minnesota road use
1.3test participation data; classifying certain construction manager and general
1.4contractor contract data;amending Minnesota Statutes 2012, section 13.72, by
1.5adding subdivisions.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 13.72, is amended by adding a subdivision
1.8to read:
1.9 Subd. 18. Mileage-based user fees. (a) The following data pertaining to
1.10participation in the Minnesota road use test, as required by Laws 2007, chapter 143,
1.11article 1, section 3, subdivision 3, paragraph (a), clause (1), are classified as nonpublic
1.12or private data:
1.13(1) names of participants, participants' contact information, and data contained in
1.14applications for participation in the Minnesota road use test;
1.15(2) applications for the purchase, lease, or rental of the GPS navigation device;
1.16(3) participants' vehicle identification data;
1.17(4) financial and credit data; and
1.18(5) participants' road usage data.
1.19(b) Nothing in this section prohibits the production of summary data, as defined in
1.20section 13.02, subdivision 19, as it pertains to types of vehicles used and road usage
1.21data, as long as the participants' identities or any other characteristic that could uniquely
1.22identify participants are not ascertainable.
1.23(c) Notwithstanding section 13.03, subdivision 6, the Department of Transportation
1.24shall only produce the data made not public under this subdivision to federal, state, and
1.25local law enforcement authorities acting pursuant to a valid probable cause search warrant.
2.1 Sec. 2. Minnesota Statutes 2012, section 13.72, is amended by adding a subdivision to
2.2read:
2.3 Subd. 19. Construction manager/general contractor data. (a) When the
2.4Department of Transportation undertakes a construction manager/general contractor
2.5contract, as defined and authorized in sections 161.3207 to 161.3209, the provisions
2.6of this subdivision apply.
2.7(b) When the commissioner of transportation solicits a request for qualifications:
2.8(1) the following data are classified as protected nonpublic:
2.9(i) the statement of qualifications scoring evaluation manual; and
2.10(ii) the statement of qualifications evaluations;
2.11(2) the statement of qualifications submitted by a potential construction
2.12manager/general contractor is classified as nonpublic data; and
2.13(3) identifying information concerning the members of the Technical Review
2.14Committee is classified as private data.
2.15(c) When the commissioner of transportation announces the short list of qualified
2.16construction managers/general contractors, the following data become public:
2.17(1) the statement of qualifications scoring evaluation manual; and
2.18(2) the statement of qualifications evaluations.
2.19(d) When the commissioner of transportation solicits a request for proposals:
2.20(1) the proposal scoring manual is classified as protected nonpublic data; and
2.21(2) the following data are classified as nonpublic data:
2.22(i) the proposals submitted by a potential construction manager/general contractor;
2.23and
2.24(ii) the proposal evaluations.
2.25(e) When the commissioner of transportation has completed the ranking of proposals
2.26and announces the selected construction manager/general contractor, the proposal
2.27evaluation score or rank and proposal evaluations become public data.
2.28(f) When the commissioner of transportation conducts contract negotiations
2.29with a construction manager/general contractor, government data created, collected,
2.30stored, and maintained during those negotiations are nonpublic data until a construction
2.31manager/general contractor contract is fully executed.
2.32(g) When the construction manager/general contractor contract is fully executed or
2.33when the commissioner of transportation decides to use another contract procurement
2.34process, other than the construction manager/general contractor authority, authorized
2.35under section 161.3209, subdivision 3, paragraph (b), all remaining data not already made
2.36public under this subdivision becomes public.
3.1(h) If the commissioner of transportation rejects all responses to a request for
3.2proposals before a construction manager/general contractor contract is fully executed, all
3.3data, other than that data made public under this subdivision, retains its classification
3.4until a resolicitation of the request for proposals results in a fully executed construction
3.5manager/general contractor contract or a determination is made to abandon the project. If
3.6a resolicitation of proposals does not occur within one year of the announcement of the
3.7request for proposals, the remaining data becomes public.
1.3test participation data; classifying certain construction manager and general
1.4contractor contract data;amending Minnesota Statutes 2012, section 13.72, by
1.5adding subdivisions.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 13.72, is amended by adding a subdivision
1.8to read:
1.9 Subd. 18. Mileage-based user fees. (a) The following data pertaining to
1.10participation in the Minnesota road use test, as required by Laws 2007, chapter 143,
1.11article 1, section 3, subdivision 3, paragraph (a), clause (1), are classified as nonpublic
1.12or private data:
1.13(1) names of participants, participants' contact information, and data contained in
1.14applications for participation in the Minnesota road use test;
1.15(2) applications for the purchase, lease, or rental of the GPS navigation device;
1.16(3) participants' vehicle identification data;
1.17(4) financial and credit data; and
1.18(5) participants' road usage data.
1.19(b) Nothing in this section prohibits the production of summary data, as defined in
1.20section 13.02, subdivision 19, as it pertains to types of vehicles used and road usage
1.21data, as long as the participants' identities or any other characteristic that could uniquely
1.22identify participants are not ascertainable.
1.23(c) Notwithstanding section 13.03, subdivision 6, the Department of Transportation
1.24shall only produce the data made not public under this subdivision to federal, state, and
1.25local law enforcement authorities acting pursuant to a valid probable cause search warrant.
2.1 Sec. 2. Minnesota Statutes 2012, section 13.72, is amended by adding a subdivision to
2.2read:
2.3 Subd. 19. Construction manager/general contractor data. (a) When the
2.4Department of Transportation undertakes a construction manager/general contractor
2.5contract, as defined and authorized in sections 161.3207 to 161.3209, the provisions
2.6of this subdivision apply.
2.7(b) When the commissioner of transportation solicits a request for qualifications:
2.8(1) the following data are classified as protected nonpublic:
2.9(i) the statement of qualifications scoring evaluation manual; and
2.10(ii) the statement of qualifications evaluations;
2.11(2) the statement of qualifications submitted by a potential construction
2.12manager/general contractor is classified as nonpublic data; and
2.13(3) identifying information concerning the members of the Technical Review
2.14Committee is classified as private data.
2.15(c) When the commissioner of transportation announces the short list of qualified
2.16construction managers/general contractors, the following data become public:
2.17(1) the statement of qualifications scoring evaluation manual; and
2.18(2) the statement of qualifications evaluations.
2.19(d) When the commissioner of transportation solicits a request for proposals:
2.20(1) the proposal scoring manual is classified as protected nonpublic data; and
2.21(2) the following data are classified as nonpublic data:
2.22(i) the proposals submitted by a potential construction manager/general contractor;
2.23and
2.24(ii) the proposal evaluations.
2.25(e) When the commissioner of transportation has completed the ranking of proposals
2.26and announces the selected construction manager/general contractor, the proposal
2.27evaluation score or rank and proposal evaluations become public data.
2.28(f) When the commissioner of transportation conducts contract negotiations
2.29with a construction manager/general contractor, government data created, collected,
2.30stored, and maintained during those negotiations are nonpublic data until a construction
2.31manager/general contractor contract is fully executed.
2.32(g) When the construction manager/general contractor contract is fully executed or
2.33when the commissioner of transportation decides to use another contract procurement
2.34process, other than the construction manager/general contractor authority, authorized
2.35under section 161.3209, subdivision 3, paragraph (b), all remaining data not already made
2.36public under this subdivision becomes public.
3.1(h) If the commissioner of transportation rejects all responses to a request for
3.2proposals before a construction manager/general contractor contract is fully executed, all
3.3data, other than that data made public under this subdivision, retains its classification
3.4until a resolicitation of the request for proposals results in a fully executed construction
3.5manager/general contractor contract or a determination is made to abandon the project. If
3.6a resolicitation of proposals does not occur within one year of the announcement of the
3.7request for proposals, the remaining data becomes public.
