2025 Session Last amended: 2018 session

§ 13.64 — Administration; Management and Budget Data

Plain-Language Summary

This section classifies certain data held by Minnesota Management and Budget and the Department of Administration. It makes the Management Analysis Division's notes and preliminary report drafts confidential or protected nonpublic until the final report is published, protects litigation-related supporting data and the identity of individuals who supplied data under an assurance of privacy, and treats security features of state building plans and disability-related assistive technology data as nonpublic or private. It also classifies data about unofficial fiscal notes (fiscal notes on bill drafts not yet introduced) and requires agencies to share fiscal note data with the Legislative Budget Office on request.

13.64 ADMINISTRATION; MANAGEMENT AND BUDGET DATA.

Subdivision 1.Department of Management and Budget.

(a) Notes and preliminary drafts of reports created, collected, or maintained by the Management Analysis Division, Department of Management and Budget, and prepared during management studies, audits, reviews, consultations, or investigations are classified as confidential or protected nonpublic data until the final report has been published or preparation of the report is no longer being actively pursued.

(b) Data that support the conclusions of the report and that the commissioner of management and budget reasonably believes will result in litigation are confidential or protected nonpublic until the litigation has been completed or until the litigation is no longer being actively pursued.

(c) Data on individuals that could reasonably be used to determine the identity of an individual supplying data for a report are private if:

(1) the data supplied by the individual were needed for a report; and

(2) the data would not have been provided to the Management Analysis Division without an assurance to the individual that the individual’s identity would remain private, or the Management Analysis Division reasonably believes that the individual would not have provided the data. §

Subd. 2.Department of Administration.

(a) Security features of building plans, building specifications, and building drawings of state-owned facilities and non-state-owned facilities leased by the state are classified as nonpublic data when maintained by the Department of Administration and may be shared with anyone as needed to perform duties of the commissioner.

(b) Data maintained by the Department of Administration that identify an individual with a disability or a family member of an individual with a disability related to services funded by the federal Assistive Technology Act, United States Code, title 29, sections 3001 to 3007, for assistive technology device demonstrations, transition training, loans, reuse, or alternative financing are private data on individuals. §

Subd. 3.Unofficial fiscal note.

(a) For purposes of this subdivision, “unofficial fiscal note” means a fiscal note requested by or on behalf of a member of the legislature on draft language for a bill that has not been introduced.

(b) This paragraph applies if a request for an unofficial fiscal note is accompanied by a directive from the requester that the data be classified under this paragraph. Government data on the request, the bill draft, and the unofficial fiscal note are private data on individuals or nonpublic data, provided that the data are accessible to, and may be disclosed by, the requester. If the unofficial fiscal note or an updated version is subsequently used for an introduced bill, or any legislation, including an amendment or a proposed bill, that any member of the legislature offers for consideration by a legislative committee, the fiscal note becomes public data. §

Subd. 4.Fiscal note data must be shared with Legislative Budget Office.

A head or chief administrative officer of a department or agency of the state government, including the supreme court, must provide data that are used to prepare a fiscal note, including data that are not public data under this section to the director of the Legislative Budget Office upon the director’s request and consistent with section 3.8853, subdivision 4, unless there are federal laws or regulations that prohibit the provision of the not public data for this purpose. The data must be supplied according to any standards and procedures adopted under section 3.8853, subdivision 3, including any standards and procedures governing timeliness. Notwithstanding section 13.05, subdivision 9, a responsible authority may not require the Legislative Budget Office to pay a cost for supplying data requested under this subdivision.

History:

1984 c 436 s 28; 1986 c 444; 1989 c 351 s 8; 2001 c 162 s 1; 2009 c 101 art 2 s 20,109; 2010 c 365 art 1 s 5; 2012 c 290 s 39; 2013 c 82 s 7; 2018 c 214 art 5 s 9

History: History: 1984 c 436 s 28; 1986 c 444; 1989 c 351 s 8; 2001 c 162 s 1; 2009 c 101 art 2 s 20,109; 2010 c 365 art 1 s 5; 2012 c 290 s 39; 2013 c 82 s 7; 2018 c 214 art 5 s 9

Practical Notes

If you request records from Minnesota Management and Budget or the Department of Administration, expect that draft and preliminary management study, audit, and review materials are withheld until the final report is published or abandoned, and that data tied to anticipated litigation stay nonpublic until the litigation ends. Security details of state building plans are nonpublic, and data identifying individuals with disabilities served through assistive technology programs are private. Unofficial fiscal notes on bills that have not been introduced may be kept private at the requester’s direction, but they become public once the note is used for an introduced bill or other legislation offered to a committee.

Source: Minnesota Office of the Revisor of Statutes