1.1Senator Kreun moved to amend S.F. No. 1740 as follows (...):
1.2Page 13, delete section 1 and insert:

1.3    "Section 1. Minnesota Statutes 2024, 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 or
1.5designee, 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 visual
1.10inspection of paper and similar types of government data. Inspection does not include
1.11printing copies by the government entity, unless printing a copy is the only method to provide
1.12for inspection of the data. In the case of data stored in electronic form and made available
1.13in electronic form on a remote access basis to the public by the government entity, inspection
1.14includes remote access to the data by the public and the ability to print copies of or download
1.15the data on the public's own computer equipment. Nothing in this section prohibits a
1.16government entity from charging a reasonable fee for remote access to data under a specific
1.17statutory grant of authority. A government entity may charge a fee for remote access to data
1.18where either the data or the access is enhanced at the request of the person seeking access.
1.19    (c) The responsible authority or designee shall provide copies of public data upon request.
1.20If a person requests copies or electronic transmittal of the data to the person, the responsible
1.21authority may require the requesting person to pay the actual costs of searching for and
1.22retrieving government data, including the cost of employee time, and for making, certifying,
1.23and electronically transmitting the copies of the data or the data, but may not charge for
1.24separating public from not public data. However, if 100 or fewer pages of black and white,
1.25letter or legal size paper copies are requested, actual costs shall not be used, and instead,
1.26the responsible authority may charge no more than 25 cents for each page copied. If the
1.27responsible authority or designee is not able to provide copies at the time a request is made,
1.28copies shall be supplied as soon as reasonably possible.
1.29    (d) When a request under this subdivision involves any person's receipt of copies of
1.30public government data that has commercial value and is a substantial and discrete portion
1.31of or an entire formula, pattern, compilation, program, device, method, technique, process,
1.32database, or system developed with a significant expenditure of public funds by the
1.33government entity, the responsible authority may charge a reasonable fee for the information
1.34in addition to the costs of making and certifying the copies. Any fee charged must be clearly
2.1demonstrated by the government entity to relate to the actual development costs of the
2.2information. The responsible authority, upon the request of any person, shall provide
2.3sufficient documentation to explain and justify the fee being charged.
2.4    (e) The responsible authority of a government entity that maintains public government
2.5data in a computer storage medium shall provide to any person making a request under this
2.6section a copy of any public data contained in that medium, in electronic form, if the
2.7government entity can reasonably make the copy or have a copy made. This does not require
2.8a government entity to provide the data in an electronic format or program that is different
2.9from the format or program in which the data are maintained by the government entity. The
2.10entity may require the requesting person to pay the actual cost of providing the copy.
2.11    (f) If the responsible authority or designee determines that the requested data is classified
2.12so as to deny the requesting person access, the responsible authority or designee shall inform
2.13the requesting person of the determination either orally at the time of the request, or in
2.14writing as soon after that time as possible, and shall cite the specific statutory section,
2.15temporary classification, or specific provision of federal law on which the determination is
2.16based. Upon the request of any person denied access to data, the responsible authority or
2.17designee shall certify in writing that the request has been denied and cite the specific statutory
2.18section, temporary classification, or specific provision of federal law upon which the denial
2.19was based.
2.20    (g) If a responsible authority has notified the requesting person that responsive data or
2.21copies are available for inspection or collection, and the requesting person does not inspect
2.22the data or collect the copies within five days of the notification, the responsible authority
2.23may suspend any further response to the request until the requesting person inspects the
2.24data that has been made available or collects and pays for the copies that have been
2.25produced."
2.26Amend the title accordingly
2.27The motion prevailed. #did not prevail. So the amendment was #not adopted.