.................... moves to amend H.F. No. 2167 as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2012, section 13.05, subdivision 11, is amended to read:
Subd. 11. Privatization.
(a) If a government entity enters into a contract with a
private person to perform any of its functions,
the government entity shall include in the
1.6 contract terms that make it clear that
all of the data created, collected, received, stored,
used, maintained, or disseminated by the private person in performing those functions
is subject to the requirements of this chapter and
the private person must comply
with 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
apply to the private person
under this subdivision.
(b) This subdivision does not create a duty on the part of the private person to
provide access to public data to the public if the public data are available from the
government entity, except as required by the terms of the contract."