1.1 	A bill for an act
1.2 	relating to government data practices; providing for
1.3 	classification and dissemination of security
1.4 	information and certain data; amending Minnesota
1.5 	Statutes 2004, sections 13.37, subdivisions 1, 2, 3;
1.6 	13.591, by adding subdivisions; 16C.06, subdivision 5.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2004, section 13.37,
1.9 	subdivision 1, is amended to read:
1.10 		Subdivision 1.Definitions.  As used in this section, the
1.11 	following terms have the meanings given them.
1.12 	(a) "Security information" means government data the
1.13 	disclosure of which would be likely to substantially jeopardize
1.14 	the security of information, possessions, individuals or
1.15 	property against theft, tampering, improper use, attempted
1.16 	escape, illegal disclosure, trespass, or physical injury.
1.17 	"Security information" includes crime prevention block maps and
1.18 	lists of volunteers who participate in community crime
1.19 	prevention programs and their home addresses and telephone
1.20 	numbers.
1.21 	(b) "Trade secret information" means government data,
1.22 	including a formula, pattern, compilation, program, device,
1.23 	method, technique or process (1) that was supplied by the
1.24 	affected individual or organization, (2) that is the subject of
1.25 	efforts by the individual or organization that are reasonable
1.26 	under the circumstances to maintain its secrecy, and (3) that
2.1 	derives independent economic value, actual or potential, from
2.2 	not being generally known to, and not being readily
2.3 	ascertainable by proper means by, other persons who can obtain
2.4 	economic value from its disclosure or use.
2.5 	(c) "Labor relations information" means management
2.6 	positions on economic and noneconomic items that have not been
2.7 	presented during the collective bargaining process or interest
2.8 	arbitration, including information specifically collected or
2.9 	created to prepare the management position.
2.10 	(d) "Parking space leasing data" means the following
2.11 	government data on an applicant for, or lessee of, a parking
2.12 	space:  residence address, home telephone number, beginning and
2.13 	ending work hours, place of employment, work telephone number,
2.14 	and location of the parking space.
2.15 	(e) "Internal competitive proposal" means a proposal to
2.16 	provide government services that is prepared by the staff of a
2.17 	political subdivision in competition with proposals solicited by
2.18 	the political subdivision from the private sector.

2.19 	Sec. 2. Minnesota Statutes 2004, section 13.37,
2.20 	subdivision 2, is amended to read:
2.21 		Subd. 2.Classification.  The following government data
2.22 	is classified as nonpublic data with regard to data not on
2.23 	individuals, pursuant to section 13.02, subdivision 9, and as
2.24 	private data with regard to data on individuals, pursuant to
2.25 	section 13.02, subdivision 12:  Security information; trade
2.26 	secret information; sealed absentee ballots prior to opening by
2.27 	an election judge; sealed bids, including the number of bids
2.28 	received, prior to the opening of the bids; internal competitive
2.29 	proposals prior to the time specified by a political subdivision
2.30 	for the receipt of private sector proposals for the services;
2.31 	parking space leasing data; and labor relations information,
2.32 	provided that specific labor relations information which relates
2.33 	to a specific labor organization is classified as protected
2.34 	nonpublic data pursuant to section 13.02, subdivision 13.

2.35 	Sec. 3. Minnesota Statutes 2004, section 13.37,
2.36 	subdivision 3, is amended to read:
3.1 		Subd. 3.Data dissemination. (a) Crime prevention block
3.2 	maps and names, home addresses, and telephone numbers of
3.3 	volunteers who participate in community crime prevention
3.4 	programs may be disseminated to volunteers participating in
3.5 	crime prevention programs.  The location of a National Night Out
3.6 	event is public data.
3.7 	(b) A government entity may make security information
3.8 	accessible to any person, entity, or the public if the
3.9 	government entity determines that the access will aid public
3.10 	health, promote public safety, or assist law enforcement.

3.11 	Sec. 4. Minnesota Statutes 2004, section 13.591, is
3.12 	amended by adding a subdivision to read:
3.13 		Subd. 4.Classification of evaluative data; data
3.14 	sharing. (a) Data created or maintained by a government entity
3.15 	as part of the selection or evaluation process are protected
3.16 	nonpublic until completion of the selection process or
3.17 	completion of the evaluation process at which time the data are
3.18 	public with the exception of trade secret data as defined and
3.19 	classified in section 13.37.
3.20 	(b) If a state agency asks employees of other state
3.21 	agencies to assist with the selection of the responses to a
3.22 	request for bid or the evaluation of responses to a request for
3.23 	proposal, the state agency may share not public data in the
3.24 	responses with those employees.  The employees participating in
3.25 	the selection or evaluation may not further disseminate the not
3.26 	public data they review.

3.27 	Sec. 5. Minnesota Statutes 2004, section 13.591, is
3.28 	amended by adding a subdivision to read:
3.29 		Subd. 5.Internal competitive proposal. (a) For purposes
3.30 	of this subdivision, "internal competitive proposal" means a
3.31 	proposal to provide government services that is prepared by the
3.32 	staff of a government entity in competition with proposals
3.33 	solicited by (1) the same government entity from the private
3.34 	sector or (2) a different government entity from the private
3.35 	sector.
3.36 	(b) Data in an internal competitive proposal is classified
4.1 	as nonpublic data with regard to data not on individuals prior
4.2 	to the time specified by a government entity for the receipt of
4.3 	private sector proposals for the service when the data become
4.4 	public as specified in subdivision 3.

4.5 	Sec. 6. Minnesota Statutes 2004, section 16C.06,
4.6 	subdivision 5, is amended to read:
4.7 		Subd. 5.State as responder.  The head of an agency, in
4.8 	consultation with the requesting agency and the commissioner,
4.9 	may respond to a solicitation or request if the goods and
4.10 	services meet the needs of the requesting agency and provide the
4.11 	state with the best value.  When an agency responds to a
4.12 	solicitation, all work product relating to the response is
4.13 	nonpublic data as defined in section 13.02, and shall become
4.14 	public information in accordance with subdivision 3 classified
4.15 	by section 13.591, subdivision 4.