Bill Text: MN SF1770 | 2013-2014 | 88th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Data practices act privatization application clarification to parties contracting with a government entity; bulk vehicle records fees authorization; transfer standards of certain drivers license and motor vehicle registration data modification
Spectrum: Bipartisan Bill
Status: (Passed) 2014-05-28 - Secretary of State, Filed [SF1770 Detail]
Download: Minnesota-2013-SF1770-Engrossed.html
Bill Title: Data practices act privatization application clarification to parties contracting with a government entity; bulk vehicle records fees authorization; transfer standards of certain drivers license and motor vehicle registration data modification
Spectrum: Bipartisan Bill
Status: (Passed) 2014-05-28 - Secretary of State, Filed [SF1770 Detail]
Download: Minnesota-2013-SF1770-Engrossed.html
1.2relating to data practices; clarifying application of government data practices act
1.3to parties contracting with a government entity;amending Minnesota Statutes
1.42012, section 13.05, subdivision 11; proposing coding for new law in Minnesota
1.5Statutes, chapter 13.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 13.05, subdivision 11, is amended to read:
1.8 Subd. 11. Privatization. (a) If a government entity enters into a contract with a
1.9private person to perform any of its functions,the government entity shall include in the
1.10contract terms that make it clear that all of the all data created, collected, received, stored,
1.11used, maintained, or disseminated by the private person in performing those functions
1.12is subject to the requirements of this chapter andthat the private person must comply
1.13with those requirements as if it were a government entity. All contracts entered into by a
1.14government entity with a private person must include a notice that the requirements of
1.15this subdivision apply to the contract. Failure to include the notice in a contract does not
1.16invalidate the application of this subdivision. The remedies in section13.08 apply to
1.17the private person under this subdivision.
1.18(b) This subdivision does not create a duty on the part of the private person to
1.19provide access to public data to the public if the public data are available from the
1.20government entity, except as required by the terms of the contract.
1.21 Sec. 2. [13.387] HEALTH CARE CONTRACT DATA.
1.22The provisions of section 13.05, subdivision 11, requiring public access to certain
1.23data of private persons performing a government function, do not apply to health plan
1.24companies, managed care organizations, county-based purchasing plans, third-party
2.1administrators, providers, or other vendors, or their parent or subsidiary, contracting with a
2.2government entity for health care related services. This section expires on June 30, 2015.
2.3 Sec. 3. HEALTH CARE STUDY.
2.4The commissioner of human services, in consultation with interested stakeholders
2.5and other state agencies, shall study public policy issues related to application of Minnesota
2.6Statutes, section 13.05, subdivision 11, to the entities listed in section 2 and the economic
2.7impact on the health care market. The commissioner shall submit a report to the chairs
2.8and ranking minority members of the committees of the legislature with jurisdiction over
2.9health and human services policy and finance and data practices by December 21, 2014.
2.10 Sec. 4. EFFECTIVE DATE.
2.11This act is effective the day following final enactment.
1.3to parties contracting with a government entity;amending Minnesota Statutes
1.42012, section 13.05, subdivision 11; proposing coding for new law in Minnesota
1.5Statutes, chapter 13.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 13.05, subdivision 11, is amended to read:
1.8 Subd. 11. Privatization. (a) If a government entity enters into a contract with a
1.9private person to perform any of its functions,
1.10
1.11used, maintained, or disseminated by the private person in performing those functions
1.12is subject to the requirements of this chapter and
1.13with those requirements as if it were a government entity. All contracts entered into by a
1.14government entity with a private person must include a notice that the requirements of
1.15this subdivision apply to the contract. Failure to include the notice in a contract does not
1.16invalidate the application of this subdivision. The remedies in section
1.17the private person under this subdivision.
1.18(b) This subdivision does not create a duty on the part of the private person to
1.19provide access to public data to the public if the public data are available from the
1.20government entity, except as required by the terms of the contract.
1.21 Sec. 2. [13.387] HEALTH CARE CONTRACT DATA.
1.22The provisions of section 13.05, subdivision 11, requiring public access to certain
1.23data of private persons performing a government function, do not apply to health plan
1.24companies, managed care organizations, county-based purchasing plans, third-party
2.1administrators, providers, or other vendors, or their parent or subsidiary, contracting with a
2.2government entity for health care related services. This section expires on June 30, 2015.
2.3 Sec. 3. HEALTH CARE STUDY.
2.4The commissioner of human services, in consultation with interested stakeholders
2.5and other state agencies, shall study public policy issues related to application of Minnesota
2.6Statutes, section 13.05, subdivision 11, to the entities listed in section 2 and the economic
2.7impact on the health care market. The commissioner shall submit a report to the chairs
2.8and ranking minority members of the committees of the legislature with jurisdiction over
2.9health and human services policy and finance and data practices by December 21, 2014.
2.10 Sec. 4. EFFECTIVE DATE.
2.11This act is effective the day following final enactment.
