Facts and Procedural History:

On February 2, 2010, the Information Policy Analysis Division (IPAD) received a letter dated February 1, 2010, from Annette Margarit, attorney for the Dakota County Agricultural Society. In her letter, Ms. Margarit asked the Commissioner to issue an advisory opinion as to whether the Agricultural Society is subject to the provisions of Minnesota Statutes, Chapter 13.

A summary of the facts as Ms. Margarit provided them is as follows. She wrote in her opinion request:

The [Agricultural Society] was incorporated in 1918 as a perpetual non-profit corporation pursuant to now Minnesota Statute Chapter 38. Its primary task is to run the Dakota County Fair. Any adult who resides in Dakota County can be a member of the Agricultural Society. The Agricultural Society members elect a Board of Directors at its annual meeting in November. The Agricultural Society owns real property within Dakota County upon which it annually conducts the Dakota County Fair.

Issue:

Discussion:

All government entities are governed by Minnesota Statutes, Chapter 13. (Minnesota Statutes, section 13.01, subdivision 1.)

The term "government entity" is defined as "a state agency, statewide system, or political subdivision." (Minnesota Statutes, section 13.02, subdivision 7a.)

The term "political subdivision" is defined, in relevant part, as "any board, commission, district or authority created pursuant to law, local ordinance or charter provision." (Minnesota Statutes, section 13.02, subdivision 11.)

Minnesota Statutes, section 38.01, discusses the formation and powers of county agricultural societies. Clause (a), in part, states:

An agricultural society or association may be incorporated by citizens of any county, or two or more counties jointly, but only one agricultural society shall be organized in any county. An agricultural society may sue and be sued in its corporate name; may adopt bylaws, rules, and regulations, alter and amend the same; may purchase and hold, lease and control any real or personal property deemed to promote the objects of the society, and may rent, lease, sell, and convey the same.

As stated above, pursuant to section 13.02, subdivision 11, a political subdivision includes an entity created pursuant to law. Minnesota Statutes, Chapter 38, contains the enabling legislation that grants county agricultural societies their powers and responsibilities. Thus, county agricultural societies are political subdivisions as that term is defined in Chapter 13.

Further, language enacted during the 2004 Legislative Session provides, "Reports of [county agricultural societies] are public data under chapter 13 and must be made available for inspection by any person." (Minnesota Statutes, section 38.04.) Generally, the construction and operation of Chapter 13 either subject an entity to Chapter 13 requirements or not (or subject an entity in limited ways, as in the case of a contractual relationship). Section 38.04 refers only to reports of a county agricultural society being public under Chapter 13; because an agricultural society is a political subdivision as defined in section 13.02, subdivision 11, all of its data are subject to the requirements of Chapter 13. The Commissioner assumes the language in section 38.04 to be a partial restatement of the general presumption that all (county agricultural society) data are public unless otherwise classified (Minnesota Statutes, section 13.03, subdivision 1).

For the reasons specified above, it is the Commissioner's conclusion that a county agricultural society, such as the Dakota County Agricultural Society, is a political subdivision and, therefore, is subject to the requirements of Chapter 13.

Opinion:

Signed:

Sheila M. Reger
Commissioner

Dated: March 3, 2010