1.1.................... moves to amend the H0920A3 amendment to H. F. No. 920 as follows:
1.2Page 4, after line 34, insert:
1.3 "Sec. 8. Minnesota Statutes 2008, section 13.03, subdivision 3, is amended to read:
1.4 Subd. 3.
Request for access to data. (a) Upon request to a responsible authority
1.5or designee, a person shall be permitted to inspect and copy public government data at
1.6reasonable times and places, and, upon request, shall be informed of the data's meaning. If
1.7a person requests access for the purpose of inspection, the responsible authority may not
1.8assess a charge or require the requesting person to pay a fee to inspect data.
1.9 (b) For purposes of this section, "inspection" includes, but is not limited to, the
1.10visual inspection of paper and similar types of government data. Inspection does not
1.11include printing copies by the government entity, unless printing a copy is the only
1.12method to provide for inspection of the data. In the case of data stored in electronic form
1.13and made available in electronic form on a remote access basis to the public by the
1.14government entity, inspection includes remote access to the data by the public and the
1.15ability to print copies of or download the data on the public's own computer equipment.
1.16Nothing in this section prohibits a government entity from charging a reasonable fee for
1.17remote access to data under a specific statutory grant of authority. A government entity
1.18may charge a fee for remote access to data where either the data or the access is enhanced
1.19at the request of the person seeking access.
1.20 (c) The responsible authority or designee shall provide copies of public data upon
1.21request. If a person requests copies or electronic transmittal of the data to the person,
1.22the responsible authority may require the requesting person to pay the actual costs of
1.23searching for and retrieving government data, including the cost of employee time, and
1.24for making, certifying, and electronically transmitting the copies of the data or the data,
1.25but and may
not charge for separating public from not public data. However, if 100 or
1.26fewer pages of black and white, letter or legal size paper copies are requested, actual costs
1.27shall not be used, and instead, the responsible authority may charge no more than 25 cents
2.1for each page copied. If the responsible authority or designee is not able to provide copies
2.2at the time a request is made, copies shall be supplied as soon as reasonably possible.
2.3 (d) When a request under this subdivision involves any person's receipt of copies
2.4of public government data that has commercial value and is a substantial and discrete
2.5portion of or an entire formula, pattern, compilation, program, device, method, technique,
2.6process, database, or system developed with a significant expenditure of public funds by
2.7the government entity, the responsible authority may charge a reasonable fee for the
2.8information in addition to the costs of making and certifying the copies. Any fee charged
2.9must be clearly demonstrated by the government entity to relate to the actual development
2.10costs of the information. The responsible authority, upon the request of any person, shall
2.11provide sufficient documentation to explain and justify the fee being charged.
2.12 (e) The responsible authority of a government entity that maintains public
2.13government data in a computer storage medium shall provide to any person making a
2.14request under this section a copy of any public data contained in that medium, in electronic
2.15form, if the government entity can reasonably make the copy or have a copy made.
2.16This does not require a government entity to provide the data in an electronic format or
2.17program that is different from the format or program in which the data are maintained
2.18by the government entity. The entity may require the requesting person to pay the actual
2.19cost of providing the copy.
2.20 (f) If the responsible authority or designee determines that the requested data is
2.21classified so as to deny the requesting person access, the responsible authority or designee
2.22shall inform the requesting person of the determination either orally at the time of the
2.23request, or in writing as soon after that time as possible, and shall cite the specific
2.24statutory section, temporary classification, or specific provision of federal law on which
2.25the determination is based. Upon the request of any person denied access to data, the
2.26responsible authority or designee shall certify in writing that the request has been denied
2.27and cite the specific statutory section, temporary classification, or specific provision of
2.28federal law upon which the denial was based."
2.29Renumber the sections in sequence and correct the internal references
2.30Amend the title accordingly