Bill Text: MN HF2146 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Metropolitan Council building plan, specification, and drawing data classified; and government agency requests classified for bids and proposal data.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-02-08 - Introduction and first reading, referred to Government Operations and Elections [HF2146 Detail]
Download: Minnesota-2011-HF2146-Introduced.html
1.2relating to data practices; classifying certain Metropolitan Council data for
1.3building plans, specifications, and drawings; classifying certain government
1.4agency requests for bids and proposal data;amending Minnesota Statutes 2010,
1.5sections 13.202, subdivision 11; 13.591, subdivision 3; 473.504, by adding a
1.6subdivision.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 13.202, subdivision 11, is amended to read:
1.9 Subd. 11. Metropolitan government. (a) Affirmative action plans. Treatment
1.10of data relating to metropolitan agency affirmative action plans is governed by section
1.11473.143, subdivisions 5 and 7
.
1.12 (b) Contracts for management services. Data relating to compensation of
1.13personnel who work under a management service contract are classified by section
1.14473.405, subdivision 12
.
1.15 (c) Arena acquisition. Certain data in connection with a decision whether to acquire
1.16a sports arena are classified under section473.598, subdivision 4 .
1.17 (d) Airports commission. Certain airline data submitted to the Metropolitan
1.18Airports Commission in connection with the issuance of revenue bonds are classified
1.19under section473.6671, subdivision 3 .
1.20 (e) Solid waste landfill fee. Information obtained from the operator of a mixed
1.21municipal solid waste disposal facility under section473.843 is classified under section
1.22473.843, subdivision 4
.
1.23 (f) Metropolitan airport parking customers. Data relating to applicants for or
1.24users of automated parking facilities at the Minneapolis-St. Paul International Airport are
1.25classified under section473.685 .
2.1(g) Metropolitan Council treatment and disposal facilities. Certain data on
2.2council metropolitan treatment and disposal system facilities and building plans and other
2.3information submitted to the council are classified under section 473.504, subdivision 13.
2.4 Sec. 2. Minnesota Statutes 2010, section 13.591, subdivision 3, is amended to read:
2.5 Subd. 3. Business as vendor. (a) Data submitted by a business to a government
2.6entity in response to a request for bids as defined in section16C.02, subdivision 11 , are
2.7private or nonpublic until the bids are opened. Once the bids are opened, the name of the
2.8bidder and the dollar amount specified in the response are read and become public. All
2.9other data in a bidder's response to a bid are private or nonpublic data until completion of
2.10the selection process. For purposes of this section, "completion of the selection process"
2.11means that the government entity has completed its evaluation and has ranked the
2.12responses. After a government entity has completed the selection process, all remaining
2.13data submitted by all bidders are public with the exception of trade secret data as defined
2.14and classified in section13.37 . A statement by a bidder that submitted data are copyrighted
2.15or otherwise protected does not prevent public access to the data contained in the bid.
2.16If all responses to a request for bids are rejected prior to completion of the selection
2.17process, all data, other than that made public at the bid opening, remain private or
2.18nonpublic until a resolicitation of bids results in completion of the selection process
2.19or a determination is made to abandon the purchase. If the rejection occurs after the
2.20completion of the selection process, the data remain public. If a resolicitation of bids does
2.21not occur within one year of the bid opening date, the remaining data become public.
2.22(b) Data submitted by a business to a government entity in response to a request
2.23for proposal, as defined in section16C.02, subdivision 12 , are private or nonpublic until
2.24the responses are opened. Once the responses are opened, the name of the responder is
2.25read and becomes public. All other data in a responder's response to a request for proposal
2.26are private or nonpublic data until completion of the evaluation process. For purposes of
2.27this section, "completion of the evaluation process" means that the government entity has
2.28completed negotiating the contract with the selected vendor. After a government entity
2.29has completed the evaluation process, all remaining data submitted by all responders are
2.30public with the exception of trade secret data as defined and classified in section13.37 . A
2.31statement by a responder that submitted data are copyrighted or otherwise protected does
2.32not prevent public access to the data contained in the response.
2.33If all responses to a request for proposal are rejected prior to completion of the
2.34evaluation process, all data, other than that made public at the response opening, remain
2.35private or nonpublic until a resolicitation of the requests for proposal results in completion
3.1of the evaluation process or a determination is made to abandon the purchase. If the
3.2rejection occurs after the completion of the evaluation process, the data remain public.
3.3If a resolicitation of proposals does not occur within one year of the proposal opening
3.4date, the remaining data become public.
3.5(c) If a government entity asks individuals outside the government entity to assist
3.6with the evaluation of the bids or responses, the government entity may share private
3.7or nonpublic data in the bids or responses with those individuals. The individuals
3.8participating in the evaluation may not further disseminate the private or nonpublic data
3.9they review.
3.10(d) Data created by a government entity to create a request for bids or a request for
3.11proposal are classified as nonpublic. To the extent that a government entity involves
3.12persons outside the government entity to create the request for bids or request for proposal,
3.13the data remain nonpublic in the hands of all persons who may not further disseminate any
3.14data that are created or reviewed as part of the request for bids or request for proposal
3.15development. Data created by a government entity to create a request for bids or a request
3.16for proposal become public, as applicable:
3.17(1) at the completion of the selection process for bids or the completion of the
3.18evaluation process for proposals;
3.19(2) when a determination is made to abandon the purchase; or
3.20(3) if all responses to a request for bids or request for proposal have been rejected
3.21prior to completion of the selection or evaluation process and bids or proposals are not
3.22resolicited within one year of the bid or proposal opening date.
3.23 Sec. 3. Minnesota Statutes 2010, section 473.504, is amended by adding a subdivision
3.24to read:
3.25 Subd. 13. Building plans and specifications. (a) The following are nonpublic
3.26security information under section 13.37:
3.27(1) security features, detailed system plans, building plans, building specifications,
3.28and building drawings of interceptor, treatment, and disposal facilities owned or operated
3.29by the council; and
3.30(2) security features, building plans, building specifications, and building drawings
3.31submitted to the council in connection with the performance of the council's wastewater
3.32services responsibilities under sections 473.501 to 473.549.
3.33(b) The council may share its security features, detailed system plans, building
3.34plans, building specifications, and building drawings with anyone as needed for the
3.35construction, operation, or maintenance of its interceptor, treatment, and disposal facilities,
4.1or as required by law. To the extent nonpublic data on council facilities is disseminated
4.2to a government entity or to a person, as defined in section 13.02, subdivision 10, the
4.3data disseminated shall have the same classification in the hands of the entity or person
4.4receiving the data as the data has in the hands of the council.
4.5 Sec. 4. APPLICATION.
4.6Section 3 applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
4.7Scott, and Washington.
4.8 Sec. 5. EFFECTIVE DATE.
4.9Sections 1 to 4 are effective the day following final enactment.
1.3building plans, specifications, and drawings; classifying certain government
1.4agency requests for bids and proposal data;amending Minnesota Statutes 2010,
1.5sections 13.202, subdivision 11; 13.591, subdivision 3; 473.504, by adding a
1.6subdivision.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 13.202, subdivision 11, is amended to read:
1.9 Subd. 11. Metropolitan government. (a) Affirmative action plans. Treatment
1.10of data relating to metropolitan agency affirmative action plans is governed by section
1.12 (b) Contracts for management services. Data relating to compensation of
1.13personnel who work under a management service contract are classified by section
1.15 (c) Arena acquisition. Certain data in connection with a decision whether to acquire
1.16a sports arena are classified under section
1.17 (d) Airports commission. Certain airline data submitted to the Metropolitan
1.18Airports Commission in connection with the issuance of revenue bonds are classified
1.19under section
1.20 (e) Solid waste landfill fee. Information obtained from the operator of a mixed
1.21municipal solid waste disposal facility under section
1.23 (f) Metropolitan airport parking customers. Data relating to applicants for or
1.24users of automated parking facilities at the Minneapolis-St. Paul International Airport are
1.25classified under section
2.1(g) Metropolitan Council treatment and disposal facilities. Certain data on
2.2council metropolitan treatment and disposal system facilities and building plans and other
2.3information submitted to the council are classified under section 473.504, subdivision 13.
2.4 Sec. 2. Minnesota Statutes 2010, section 13.591, subdivision 3, is amended to read:
2.5 Subd. 3. Business as vendor. (a) Data submitted by a business to a government
2.6entity in response to a request for bids as defined in section
2.7private or nonpublic until the bids are opened. Once the bids are opened, the name of the
2.8bidder and the dollar amount specified in the response are read and become public. All
2.9other data in a bidder's response to a bid are private or nonpublic data until completion of
2.10the selection process. For purposes of this section, "completion of the selection process"
2.11means that the government entity has completed its evaluation and has ranked the
2.12responses. After a government entity has completed the selection process, all remaining
2.13data submitted by all bidders are public with the exception of trade secret data as defined
2.14and classified in section
2.15or otherwise protected does not prevent public access to the data contained in the bid.
2.16If all responses to a request for bids are rejected prior to completion of the selection
2.17process, all data, other than that made public at the bid opening, remain private or
2.18nonpublic until a resolicitation of bids results in completion of the selection process
2.19or a determination is made to abandon the purchase. If the rejection occurs after the
2.20completion of the selection process, the data remain public. If a resolicitation of bids does
2.21not occur within one year of the bid opening date, the remaining data become public.
2.22(b) Data submitted by a business to a government entity in response to a request
2.23for proposal, as defined in section
2.24the responses are opened. Once the responses are opened, the name of the responder is
2.25read and becomes public. All other data in a responder's response to a request for proposal
2.26are private or nonpublic data until completion of the evaluation process. For purposes of
2.27this section, "completion of the evaluation process" means that the government entity has
2.28completed negotiating the contract with the selected vendor. After a government entity
2.29has completed the evaluation process, all remaining data submitted by all responders are
2.30public with the exception of trade secret data as defined and classified in section
2.31statement by a responder that submitted data are copyrighted or otherwise protected does
2.32not prevent public access to the data contained in the response.
2.33If all responses to a request for proposal are rejected prior to completion of the
2.34evaluation process, all data, other than that made public at the response opening, remain
2.35private or nonpublic until a resolicitation of the requests for proposal results in completion
3.1of the evaluation process or a determination is made to abandon the purchase. If the
3.2rejection occurs after the completion of the evaluation process, the data remain public.
3.3If a resolicitation of proposals does not occur within one year of the proposal opening
3.4date, the remaining data become public.
3.5(c) If a government entity asks individuals outside the government entity to assist
3.6with the evaluation of the bids or responses, the government entity may share private
3.7or nonpublic data in the bids or responses with those individuals. The individuals
3.8participating in the evaluation may not further disseminate the private or nonpublic data
3.9they review.
3.10(d) Data created by a government entity to create a request for bids or a request for
3.11proposal are classified as nonpublic. To the extent that a government entity involves
3.12persons outside the government entity to create the request for bids or request for proposal,
3.13the data remain nonpublic in the hands of all persons who may not further disseminate any
3.14data that are created or reviewed as part of the request for bids or request for proposal
3.15development. Data created by a government entity to create a request for bids or a request
3.16for proposal become public, as applicable:
3.17(1) at the completion of the selection process for bids or the completion of the
3.18evaluation process for proposals;
3.19(2) when a determination is made to abandon the purchase; or
3.20(3) if all responses to a request for bids or request for proposal have been rejected
3.21prior to completion of the selection or evaluation process and bids or proposals are not
3.22resolicited within one year of the bid or proposal opening date.
3.23 Sec. 3. Minnesota Statutes 2010, section 473.504, is amended by adding a subdivision
3.24to read:
3.25 Subd. 13. Building plans and specifications. (a) The following are nonpublic
3.26security information under section 13.37:
3.27(1) security features, detailed system plans, building plans, building specifications,
3.28and building drawings of interceptor, treatment, and disposal facilities owned or operated
3.29by the council; and
3.30(2) security features, building plans, building specifications, and building drawings
3.31submitted to the council in connection with the performance of the council's wastewater
3.32services responsibilities under sections 473.501 to 473.549.
3.33(b) The council may share its security features, detailed system plans, building
3.34plans, building specifications, and building drawings with anyone as needed for the
3.35construction, operation, or maintenance of its interceptor, treatment, and disposal facilities,
4.1or as required by law. To the extent nonpublic data on council facilities is disseminated
4.2to a government entity or to a person, as defined in section 13.02, subdivision 10, the
4.3data disseminated shall have the same classification in the hands of the entity or person
4.4receiving the data as the data has in the hands of the council.
4.5 Sec. 4. APPLICATION.
4.6Section 3 applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
4.7Scott, and Washington.
4.8 Sec. 5. EFFECTIVE DATE.
4.9Sections 1 to 4 are effective the day following final enactment.
