1.1.................... moves to amend H.F. No. 2167 as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1. Minnesota Statutes 2012, section 13.05, subdivision 11, is amended to read:
1.4 Subd. 11.
Privatization. (a) If a government entity enters into a contract with a
1.5private person to perform any of its functions,
the government entity shall include in the
1.6contract terms that make it clear that all of the data created, collected, received, stored,
1.7used, maintained, or disseminated by the private person in performing those functions
1.8is subject to the requirements of this chapter and
that the private person must comply
1.9with those requirements as if it were a government entity.
All contracts entered into
1.10by a government entity must include a notice that the requirements of this subdivision
1.11apply to the contract. Failure to include the notice in the contract does not invalidate the
1.12application of this subdivision. The remedies in section
13.08 apply to the private person
1.13under this subdivision.
1.14(b) This subdivision does not create a duty on the part of the private person to
1.15provide access to public data to the public if the public data are available from the
1.16government entity, except as required by the terms of the contract."