SF 3235

1st Unofficial Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

1.1A bill for an act

1.2relating to data practices; making technical changes; defining terms; authorizing
1.3electronic exchange of certain data; authorizing certain data sharing; prohibiting
1.4certain surveys; regulating Social Security data; regulating use of certain data;
1.5increasing liability limits for damages; requiring protection from disclosure for
1.6certain data; classifying data;amending Minnesota Statutes 2006, sections 6.715,
1.7by adding a subdivision; 13.03, subdivision 3; 13.08, subdivision 1; 13.202,
1.8subdivision 11; 13.41, subdivisions 1, 2, 5, by adding a subdivision; 13.601,
1.9subdivision 3, by adding a subdivision; 13.6905, by adding a subdivision;
1.10260B.171, subdivision 5; 299F.28; 299F.75, by adding a subdivision; 325E.59,
1.11by adding a subdivision; 383B.917, subdivision 1; 518.10; Minnesota Statutes
1.122007 Supplement, sections 13.08, subdivision 4; 13.39, subdivisions 2, 2a;
1.1313.41, subdivision 3; 256.01, subdivision 2b; 268.19, subdivision 1; proposing
1.14coding for new law in Minnesota Statutes, chapters 13; 473; repealing Minnesota
1.15Statutes 2006, section 13.41, subdivision 4.
1.16BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.17    Section 1. Minnesota Statutes 2006, section 6.715, is amended by adding a subdivision
1.18to read:
1.19    Subd. 5. Review of data; data protection. If, before releasing a report, the state
1.20auditor provides a person with data relating to the audit for the purpose of review and
1.21verification of the data, the person must protect the data from unlawful disclosure or be
1.22subject to the penalties and liabilities provided in sections 13.08 and 13.09.

1.23    Sec. 2. Minnesota Statutes 2006, section 13.03, subdivision 3, is amended to read:
1.24    Subd. 3. Request for access to data. (a) Upon request to a responsible authority
1.25or designee, a person shall be permitted to inspect and copy public government data at
1.26reasonable times and places, and, upon request, shall be informed of the data's meaning. If
2.1a person requests access for the purpose of inspection, the responsible authority may not
2.2assess a charge or require the requesting person to pay a fee to inspect data.
2.3    (b) For purposes of this section, "inspection" includes, but is not limited to, the
2.4visual inspection of paper and similar types of government data. Inspection does not
2.5include printing copies by the government entity, unless printing a copy is the only
2.6method to provide for inspection of the data. In the case of data stored in electronic form
2.7and made available in electronic form on a remote access basis to the public by the
2.8government entity, inspection includes remote access to the data by the public and the
2.9ability to print copies of or download the data on the public's own computer equipment.
2.10Nothing in this section prohibits a government entity from charging a reasonable fee for
2.11remote access to data under a specific statutory grant of authority. A government entity
2.12may charge a fee for remote access to data where either the data or the access is enhanced
2.13at the request of the person seeking access.
2.14    (c) The responsible authority or designee shall provide copies of public data upon
2.15request. If a person requests copies or electronic transmittal of the data to the person,
2.16the responsible authority may require the requesting person to pay the actual costs of
2.17searching for and retrieving government data, including the cost of employee time, and for
2.18making, certifying, compiling, and electronically transmitting the copies of the data or the
2.19data, but may not charge for separating public from not public data. However, if 100 or
2.20fewer pages of black and white, letter or legal size paper copies are requested, actual costs
2.21shall not be used, and instead, the responsible authority may charge no more than 25 cents
2.22for each page copied. If the responsible authority or designee is not able to provide copies
2.23at the time a request is made, copies shall be supplied as soon as reasonably possible.
2.24    (d) When a request under this subdivision involves any person's receipt of copies
2.25of public government data that has commercial value and is a substantial and discrete
2.26portion of or an entire formula, pattern, compilation, program, device, method, technique,
2.27process, database, or system developed with a significant expenditure of public funds by
2.28the government entity, the responsible authority may charge a reasonable fee for the
2.29information in addition to the costs of making, certifying, and compiling and certifying the
2.30copies. Any fee charged must be clearly demonstrated by the government entity to relate
2.31to the actual development costs of the information. The responsible authority, upon the
2.32request of any person, shall provide sufficient documentation to explain and justify the
2.33fee being charged.
2.34    (e) The responsible authority of a government entity that maintains public
2.35government data in a computer storage medium shall provide to any person making a
2.36request under this section a copy of any public data contained in that medium, in electronic
3.1form, if the government entity can reasonably make the copy or have a copy made.
3.2This does not require a government entity to provide the data in an electronic format or
3.3program that is different from the format or program in which the data are maintained
3.4by the government entity. The entity may require the requesting person to pay the actual
3.5cost of providing the copy.
3.6    (f) If the responsible authority or designee determines that the requested data is
3.7classified so as to deny the requesting person access, the responsible authority or designee
3.8shall inform the requesting person of the determination either orally at the time of the
3.9request, or in writing as soon after that time as possible, and shall cite the specific
3.10statutory section, temporary classification, or specific provision of federal law on which
3.11the determination is based. Upon the request of any person denied access to data, the
3.12responsible authority or designee shall certify in writing that the request has been denied
3.13and cite the specific statutory section, temporary classification, or specific provision of
3.14federal law upon which the denial was based.

3.15    Sec. 3. Minnesota Statutes 2006, section 13.08, subdivision 1, is amended to read:
3.16    Subdivision 1. Action for damages. Notwithstanding section 466.03, a responsible
3.17authority or government entity which violates any provision of this chapter is liable to a
3.18person or representative of a decedent who suffers any damage as a result of the violation,
3.19and the person damaged or a representative in the case of private data on decedents or
3.20confidential data on decedents may bring an action against the responsible authority or
3.21government entity to cover any damages sustained, plus costs and reasonable attorney
3.22fees. In the case of a willful violation, the government entity shall, in addition, be liable
3.23to exemplary damages of not less than $100 $5,000, nor more than $10,000 $50,000 for
3.24each violation. The state is deemed to have waived any immunity to a cause of action
3.25brought under this chapter.

3.26    Sec. 4. Minnesota Statutes 2007 Supplement, section 13.08, subdivision 4, is amended
3.27to read:
3.28    Subd. 4. Action to compel compliance. (a) In addition to the remedies provided in
3.29subdivisions 1 to 3 or any other law, any aggrieved person seeking to enforce the person's
3.30rights under this chapter or obtain access to data may bring an action in district court to
3.31compel compliance with this chapter and may recover costs and disbursements, including
3.32reasonable attorney's fees, as determined by the court. If the court determines that an action
3.33brought under this subdivision is frivolous and without merit and a basis in fact, it may
3.34award reasonable costs and attorney fees to the responsible authority. If the court issues an
4.1order to compel compliance under this subdivision, the court may impose a civil penalty
4.2of up to $300 $3,000 against the government entity. This penalty is payable to the state
4.3general fund and is in addition to damages under subdivision 1. The matter shall be heard
4.4as soon as possible. In an action involving a request for government data under section
4.513.03 or 13.04, the court may inspect in camera the government data in dispute, but shall
4.6conduct its hearing in public and in a manner that protects the security of data classified as
4.7not public. If the court issues an order to compel compliance under this subdivision, the
4.8court shall forward a copy of the order to the commissioner of administration.
4.9    (b) In determining whether to assess a civil penalty under this subdivision, the court
4.10shall consider whether the government entity has substantially complied with general
4.11data practices under this chapter, including but not limited to, whether the government
4.12entity has:
4.13    (1) designated a responsible authority under section 13.02, subdivision 16;
4.14    (2) designated a data practices compliance official under section 13.05, subdivision
4.1513 ;
4.16    (3) prepared the public document that names the responsible authority and describes
4.17the records and data on individuals that are maintained by the government entity under
4.18section 13.05, subdivision 1;
4.19    (4) developed public access procedures under section 13.03, subdivision 2;
4.20procedures to guarantee the rights of data subjects under section 13.05, subdivision 8; and
4.21procedures to ensure that data on individuals are accurate and complete and to safeguard
4.22the data's security under section 13.05, subdivision 5;
4.23    (5) acted in conformity with an opinion issued under section 13.072 that was sought
4.24by a government entity or another person; or
4.25    (6) provided ongoing training to government entity personnel who respond to
4.26requests under this chapter.
4.27    (c) The court shall award reasonable attorney fees to a prevailing plaintiff who has
4.28brought an action under this subdivision if the government entity that is the defendant in
4.29the action was also the subject of a written opinion issued under section 13.072 and the
4.30court finds that the opinion is directly related to the cause of action being litigated and that
4.31the government entity did not act in conformity with the opinion.

4.32    Sec. 5. Minnesota Statutes 2006, section 13.202, subdivision 11, is amended to read:
4.33    Subd. 11. Metropolitan government. (a) Affirmative action plans. Treatment
4.34of data relating to metropolitan agency affirmative action plans is governed by section
4.35473.143, subdivisions 5 and 7 .
5.1    (b) Contracts for management services. Data relating to compensation of
5.2personnel who work under a management service contract are classified by section
5.3473.405, subdivision 12 .
5.4    (c) Arena acquisition. Certain data in connection with a decision whether to acquire
5.5a sports arena are classified under section 473.598, subdivision 4.
5.6    (d) Airports commission. Certain airline data submitted to the Metropolitan
5.7Airports Commission in connection with the issuance of revenue bonds are classified
5.8under section 473.6671, subdivision 3.
5.9    (e) Solid waste landfill fee. Information obtained from the operator of a mixed
5.10municipal solid waste disposal facility under section 473.843 is classified under section
5.11473.843, subdivision 4 .
5.12    (f) Metropolitan airport parking customers. Data relating to applicants for or
5.13users of automated parking facilities at the Minneapolis-St. Paul International Airport are
5.14classified under section 473.674.

5.15    Sec. 6. [13.387] HEALTH ASSESSMENT SURVEY PROHIBITION.
5.16A health insurance company may not survey public employees for the purpose of
5.17assessing the health of the individual or collective group.

5.18    Sec. 7. Minnesota Statutes 2007 Supplement, section 13.39, subdivision 2, is amended
5.19to read:
5.20    Subd. 2. Civil actions. (a) Except as provided in paragraph (b), data collected by
5.21state agencies, political subdivisions, or statewide systems a government entity as part of
5.22an active investigation undertaken for the purpose of the commencement or defense of a
5.23pending civil legal action, or which are retained in anticipation of a pending civil legal
5.24action, are classified as protected nonpublic data pursuant to section 13.02, subdivision
5.2513 , in the case of data not on individuals and confidential pursuant to section 13.02,
5.26subdivision 3 , in the case of data on individuals. Any agency, political subdivision, or
5.27statewide system government entity may make any data classified as confidential or
5.28protected nonpublic pursuant to this subdivision accessible to any person, agency or
5.29the public if the agency, political subdivision, or statewide system government entity
5.30determines that the access will aid the law enforcement process or investigative process,
5.31promote public health or safety or dispel widespread rumor or unrest.
5.32    (b) A complainant has access to a statement provided by the complainant to a
5.33government entity under paragraph (a).

6.1    Sec. 8. Minnesota Statutes 2007 Supplement, section 13.39, subdivision 2a, is
6.2amended to read:
6.3    Subd. 2a. Disclosure of data. During the time when a civil legal action is
6.4determined to be pending under subdivision 1, any person may bring an action in the
6.5district court in the county where the data is are maintained to obtain disclosure of data
6.6classified as confidential or protected nonpublic under subdivision 2. The court may order
6.7that all or part of the data be released to the public or to the person bringing the action. In
6.8making the determination whether data shall be disclosed, the court shall consider whether
6.9the benefit to the person bringing the action or to the public outweighs any harm to the
6.10public, the government entity, or any person identified in the data. The data in dispute
6.11shall be examined by the court in camera.

6.12    Sec. 9. Minnesota Statutes 2006, section 13.41, subdivision 1, is amended to read:
6.13    Subdivision 1. Definition. As used in this section, the following terms have the
6.14meanings given them.
6.15    (a) "License" means a credential specified in Minnesota Statutes as a license,
6.16certification, registration, permit, or other credential issued by a state agency that is
6.17required in order for an individual to engage in an occupation, trade, or business regulated
6.18by law.
6.19    (b) "Licensing agency" means any board, department or agency of this state which
6.20state agency that is given the statutory authority to issue professional or other types of
6.21licenses, except the various agencies primarily administered by the commissioner of
6.22human services. Data pertaining to persons or agencies licensed or registered under
6.23authority of the commissioner of human services shall be administered pursuant to section
6.2413.46 .

6.25    Sec. 10. Minnesota Statutes 2006, section 13.41, subdivision 2, is amended to read:
6.26    Subd. 2. Private data; designated addresses and telephone numbers. (a)
6.27Except as provided in this chapter or other law, the following data collected, created, or
6.28maintained by any licensing agency are classified as private, pursuant to section 13.02,
6.29subdivision 12 : data, other than their names data on individuals:
6.30    (1) data related to an application for a license, except for the applicant's name and
6.31designated addresses, submitted by applicants for licenses; address, the license period
6.32for which the applicant applied, and whether the application is approved, disapproved,
6.33withdrawn, or pending;
6.34    (2) the nondesignated address of a licensee;
7.1    (3) the identity of complainants who have made reports concerning licensees or
7.2applicants which appear in inactive complaint data civil investigative data under section
7.313.39, unless the complainant consents to the disclosure;
7.4    (4) the nature or content of unsubstantiated complaints when no disciplinary action
7.5or penalty is imposed and when the information is not maintained in anticipation of legal
7.6action civil investigative data under section 13.39; and
7.7    (5) the identity of patients whose medical records are received by any health
7.8licensing agency for purposes of review or in anticipation of a contested matter; inactive
7.9investigative data relating to violations of statutes or rules; and the record of any
7.10disciplinary proceeding except as limited by subdivision 5.
7.11    (b) An applicant for a license shall designate on the application a residence or
7.12business address and telephone number at which the applicant can be contacted in
7.13connection with the license application. A licensee shall designate a residence or business
7.14address and telephone number at which the licensee can be contacted in connection with
7.15the license. By designating an address under this paragraph other than a residence address,
7.16the applicant or licensee consents to accept personal service of process by service on the
7.17licensing agency for legal or administrative proceedings. The licensing agency shall mail
7.18a copy of the documents to the applicant or licensee at the last known residence address.

7.19    Sec. 11. Minnesota Statutes 2007 Supplement, section 13.41, subdivision 3, is
7.20amended to read:
7.21    Subd. 3. Board of Peace Officer Standards and Training. The following
7.22government data of the Board of Peace Officer Standards and Training are private data:
7.23    (1) home addresses of licensees and applicants for licenses; and
7.24    (2) data that identify the government entity that employs a licensed peace officer.
7.25    The board may disseminate private data on applicants and licensees as is necessary
7.26to administer law enforcement licensure or to provide data under section 626.845,
7.27subdivision 1 , to law enforcement agencies who are conducting employment background
7.28investigations. License numbers, license status, and continuing education records issued
7.29or maintained by the Board of Peace Officer Standards and Training are public data.

7.30    Sec. 12. Minnesota Statutes 2006, section 13.41, subdivision 5, is amended to read:
7.31    Subd. 5. Public data. Licensing agency minutes, application data on licensees
7.32except nondesignated addresses, orders for hearing, findings of fact, conclusions of
7.33law and specification of the final disciplinary action contained in the record of the
7.34disciplinary action are classified as public, pursuant to section 13.02, subdivision 15. The
8.1entire record concerning the disciplinary proceeding is public data pursuant to section
8.213.02, subdivision 15 , in those instances where there is a public hearing concerning the
8.3disciplinary action. If the licensee and the licensing agency agree to resolve a complaint
8.4without a hearing, the agreement and the specific reasons for the agreement are public
8.5data. The license numbers, the license status, and continuing education records issued or
8.6maintained by the Board of Peace Officer Standards and Training are classified as public
8.7data, pursuant to section 13.02, subdivision 15.

8.8    Sec. 13. Minnesota Statutes 2006, section 13.41, is amended by adding a subdivision
8.9to read:
8.10    Subd. 7. Complaints and investigations. Data related to complaints against or
8.11investigations about a licensee or applicant for a license are governed by section 13.39.

8.12    Sec. 14. Minnesota Statutes 2006, section 13.601, subdivision 3, is amended to read:
8.13    Subd. 3. Applicants for election or appointment. The following data on all
8.14applicants for election or appointment to a public body, including those subject to chapter
8.1513D, are public: name, city of residence, education and training, employment history,
8.16volunteer work, awards and honors, and prior government service or experience. (a)
8.17Data about applicants for appointment to a public body are private data on individuals
8.18except that the following are public:
8.19    (1) name;
8.20    (2) city of residence except when the appointment has a residency requirement that
8.21requires the entire address to be public;
8.22    (3) education and training;
8.23    (4) employment history;
8.24    (5) volunteer work;
8.25    (6) awards and honors; and
8.26    (7) prior government service.
8.27    (b) Once an individual is appointed to a public body, the following additional items
8.28of data are public:
8.29    (1) full residence address or an alternate address specified by the appointee where
8.30the appointee can be reached;
8.31    (2) a telephone number where the appointee can be reached; and
8.32    (3) an electronic mail address where the appointee can be reached.

9.1    Sec. 15. Minnesota Statutes 2006, section 13.601, is amended by adding a subdivision
9.2to read:
9.3    Subd. 4. Elected officials. The following data about elected officials are classified
9.4as private data on individuals:
9.5    (1) all telephone numbers except the one designated by the elected official as the
9.6telephone number at which the elected official can be contacted on official business;
9.7    (2) all electronic mail addresses except the one designated by the elected official as
9.8the electronic mail address at which the elected official can be contacted about official
9.9business;
9.10    (3) all postal mail addresses except the one designated by the elected official as the
9.11postal mail address at which the elected official can be contacted about official business;
9.12    (4) the reason for and specific amount of any deduction and withholding;
9.13    (5) name, address, and birth date of any dependent; and
9.14    (6) medical information provided in support of an application or a claim for
9.15insurance or disability benefits.

9.16    Sec. 16. Minnesota Statutes 2006, section 13.6905, is amended by adding a subdivision
9.17to read:
9.18    Subd. 28a. Use and storage of explosives. Data related to the use and storage of
9.19explosives by individuals holding a permit are governed by sections 299F.28 and 299F.75,
9.20subdivision 4.

9.21    Sec. 17. Minnesota Statutes 2007 Supplement, section 256.01, subdivision 2b, is
9.22amended to read:
9.23    Subd. 2b. Performance payments; performance measurement. (a) The
9.24commissioner shall develop and implement a pay-for-performance system to provide
9.25performance payments to eligible medical groups and clinics that demonstrate optimum
9.26care in serving individuals with chronic diseases who are enrolled in health care
9.27programs administered by the commissioner under chapters 256B, 256D, and 256L.
9.28The commissioner may receive any federal matching money that is made available
9.29through the medical assistance program for managed care oversight contracted through
9.30vendors, including consumer surveys, studies, and external quality reviews as required
9.31by the federal Balanced Budget Act of 1997, Code of Federal Regulations, title 42, part
9.32438-managed care, subpart E-external quality review. Any federal money received
9.33for managed care oversight is appropriated to the commissioner for this purpose. The
9.34commissioner may expend the federal money received in either year of the biennium.
10.1    (b) Effective July 1, 2009, or upon federal approval, whichever is later, the
10.2commissioner shall develop and implement a patient incentive health program to provide
10.3incentives and rewards to patients who are enrolled in health care programs administered
10.4by the commissioner under chapters 256B, 256D, and 256L, and who have agreed to and
10.5have met personal health goals established with the patients' primary care providers to
10.6manage a chronic disease or condition, including but not limited to diabetes, high blood
10.7pressure, and coronary artery disease.
10.8    (c) The commissioner, in consultation with the Health Services Policy Committee,
10.9shall develop and provide to the legislature by December 15, 2008, a methodology and
10.10any draft legislation necessary to allow for the release, upon request, of summary data as
10.11defined in section 13.02, subdivision 19, on claims and utilization for medical assistance,
10.12general assistance medical care, and MinnesotaCare enrollees at no charge to the
10.13University of Minnesota Medical School, the Mayo Medical School, Northwestern Health
10.14Sciences University, the Institute for Clinical Systems Improvement, and other research
10.15institutions, to conduct analyses of health care outcomes and treatment effectiveness,
10.16provided the research institutions do not release private or nonpublic data, or data for
10.17which dissemination is prohibited by law.

10.18    Sec. 18. Minnesota Statutes 2006, section 260B.171, subdivision 5, is amended to read:
10.19    Subd. 5. Peace officer records of children. (a) Except for records relating to
10.20an offense where proceedings are public under section 260B.163, subdivision 1, peace
10.21officers' records of children who are or may be delinquent or who may be engaged in
10.22criminal acts shall be kept separate from records of persons 18 years of age or older
10.23and are private data but shall be disseminated: (1) by order of the juvenile court, (2) as
10.24required by section 121A.28, (3) as authorized under section 13.82, subdivision 2, (4) to
10.25the child or the child's parent or guardian unless disclosure of a record would interfere
10.26with an ongoing investigation, (5) to the Minnesota crime victims reparations board as
10.27required by section 611A.56, subdivision 2, clause (f), for the purpose of processing
10.28claims for crime victims reparations, or (6) as otherwise provided in this subdivision.
10.29Except as provided in paragraph (c), no photographs of a child taken into custody may be
10.30taken without the consent of the juvenile court unless the child is alleged to have violated
10.31section 169A.20. Peace officers' records containing data about children who are victims
10.32of crimes or witnesses to crimes must be administered consistent with section 13.82,
10.33subdivisions 2, 3, 6, and 17 . Any person violating any of the provisions of this subdivision
10.34shall be guilty of a misdemeanor.
11.1    In the case of computerized records maintained about juveniles by peace officers,
11.2the requirement of this subdivision that records about juveniles must be kept separate
11.3from adult records does not mean that a law enforcement agency must keep its records
11.4concerning juveniles on a separate computer system. Law enforcement agencies may keep
11.5juvenile records on the same computer as adult records and may use a common index to
11.6access both juvenile and adult records so long as the agency has in place procedures that
11.7keep juvenile records in a separate place in computer storage and that comply with the
11.8special data retention and other requirements associated with protecting data on juveniles.
11.9    (b) Nothing in this subdivision prohibits the exchange of information by law
11.10enforcement agencies if the exchanged information is pertinent and necessary for law
11.11enforcement purposes.
11.12    (c) A photograph may be taken of a child taken into custody pursuant to section
11.13260B.175, subdivision 1 , clause (b), provided that the photograph must be destroyed when
11.14the child reaches the age of 19 years. The commissioner of corrections may photograph
11.15juveniles whose legal custody is transferred to the commissioner. Photographs of juveniles
11.16authorized by this paragraph may be used only for institution management purposes,
11.17case supervision by parole agents, and to assist law enforcement agencies to apprehend
11.18juvenile offenders. The commissioner shall maintain photographs of juveniles in the same
11.19manner as juvenile court records and names under this section.
11.20    (d) Traffic investigation reports are open to inspection by a person who has sustained
11.21physical harm or economic loss as a result of the traffic accident. Identifying information
11.22on juveniles who are parties to traffic accidents may be disclosed as authorized under
11.23section 13.82, subdivision 4 6, and accident reports required under section 169.09 may be
11.24released under section 169.09, subdivision 13, unless the information would identify a
11.25juvenile who was taken into custody or who is suspected of committing an offense that
11.26would be a crime if committed by an adult, or would associate a juvenile with the offense,
11.27and the offense is not an adult court traffic offense under section 260B.225.
11.28    (e) The head of a law enforcement agency or a person specifically given the duty
11.29by the head of the law enforcement agency shall notify the superintendent or chief
11.30administrative officer of a juvenile's school of an incident occurring within the agency's
11.31jurisdiction if:
11.32    (1) the agency has probable cause to believe that the juvenile has committed an
11.33offense that would be a crime if committed as an adult, that the victim of the offense is a
11.34student or staff member of the school, and that notice to the school is reasonably necessary
11.35for the protection of the victim; or
12.1    (2) the agency has probable cause to believe that the juvenile has committed an
12.2offense described in subdivision 3, paragraph (a), clauses (1) to (3), that would be a crime
12.3if committed by an adult, regardless of whether the victim is a student or staff member
12.4of the school.
12.5    A law enforcement agency is not required to notify the school under this paragraph
12.6if the agency determines that notice would jeopardize an ongoing investigation. For
12.7purposes of this paragraph, "school" means a public or private elementary, middle,
12.8secondary, or charter school.
12.9    (f) In any county in which the county attorney operates or authorizes the operation
12.10of a juvenile prepetition or pretrial diversion program, a law enforcement agency or
12.11county attorney's office may provide the juvenile diversion program with data concerning
12.12a juvenile who is a participant in or is being considered for participation in the program.
12.13    (g) Upon request of a local social services agency, peace officer records of
12.14children who are or may be delinquent or who may be engaged in criminal acts may be
12.15disseminated to the agency to promote the best interests of the subject of the data.
12.16    (h) Upon written request, the prosecuting authority shall release investigative data
12.17collected by a law enforcement agency to the victim of a criminal act or alleged criminal
12.18act or to the victim's legal representative, except as otherwise provided by this paragraph.
12.19Data shall not be released if:
12.20    (1) the release to the individual subject of the data would be prohibited under
12.21section 13.821; or
12.22    (2) the prosecuting authority reasonably believes:
12.23    (i) that the release of that data will interfere with the investigation; or
12.24    (ii) that the request is prompted by a desire on the part of the requester to engage in
12.25unlawful activities.

12.26    Sec. 19. Minnesota Statutes 2007 Supplement, section 268.19, subdivision 1, is
12.27amended to read:
12.28    Subdivision 1. Use of data. (a) Except as provided by this section, data gathered
12.29from any person under the administration of the Minnesota Unemployment Insurance Law
12.30are private data on individuals or nonpublic data not on individuals as defined in section
12.3113.02, subdivisions 9 and 12 , and may not be disclosed except according to a district court
12.32order or section 13.05. A subpoena is not considered a district court order. These data
12.33may be disseminated to and used by the following agencies without the consent of the
12.34subject of the data:
13.1    (1) state and federal agencies specifically authorized access to the data by state
13.2or federal law;
13.3    (2) any agency of any other state or any federal agency charged with the
13.4administration of an unemployment insurance program;
13.5    (3) any agency responsible for the maintenance of a system of public employment
13.6offices for the purpose of assisting individuals in obtaining employment;
13.7    (4) the public authority responsible for child support in Minnesota or any other
13.8state in accordance with section 256.978;
13.9    (5) human rights agencies within Minnesota that have enforcement powers;
13.10    (6) the Department of Revenue to the extent necessary for its duties under Minnesota
13.11laws;
13.12    (7) public and private agencies responsible for administering publicly financed
13.13assistance programs for the purpose of monitoring the eligibility of the program's
13.14recipients;
13.15    (8) the Department of Labor and Industry and the Division of Insurance Fraud
13.16Prevention in the Department of Commerce for uses consistent with the administration of
13.17their duties under Minnesota law;
13.18    (9) local and state welfare agencies for monitoring the eligibility of the data subject
13.19for assistance programs, or for any employment or training program administered by those
13.20agencies, whether alone, in combination with another welfare agency, or in conjunction
13.21with the department or to monitor and evaluate the statewide Minnesota family investment
13.22program by providing data on recipients and former recipients of food stamps or food
13.23support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance
13.24under chapter 119B, or medical programs under chapter 256B, 256D, or 256L;
13.25    (10) local and state welfare agencies for the purpose of identifying employment,
13.26wages, and other information to assist in the collection of an overpayment debt in an
13.27assistance program;
13.28    (11) local, state, and federal law enforcement agencies for the purpose of ascertaining
13.29the last known address and employment location of an individual who is the subject of
13.30a criminal investigation;
13.31    (12) the United States Citizenship and Immigration Services has access to data on
13.32specific individuals and specific employers provided the specific individual or specific
13.33employer is the subject of an investigation by that agency;
13.34    (13) the Department of Health for the purposes of epidemiologic investigations; and
13.35    (14) the Department of Corrections for the purpose of preconfinement and
13.36postconfinement employment tracking of individuals who had been committed to the
14.1custody of the commissioner of corrections committed offenders for the purpose of case
14.2planning.
14.3    (b) Notwithstanding paragraph (a), the following is public data and must be compiled
14.4by the commissioner and submitted to the Department of Immigration Customs and
14.5Enforcement: the identities of any inmate whose immigration status cannot be determined.
14.6    (b) (c) Data on individuals and employers that are collected, maintained, or used
14.7by the department in an investigation under section 268.182 are confidential as to data
14.8on individuals and protected nonpublic data not on individuals as defined in section
14.913.02, subdivisions 3 and 13 , and must not be disclosed except under statute or district
14.10court order or to a party named in a criminal proceeding, administrative or judicial, for
14.11preparation of a defense.
14.12    (c) (d) Data gathered by the department in the administration of the Minnesota
14.13unemployment insurance program must not be made the subject or the basis for any
14.14suit in any civil proceedings, administrative or judicial, unless the action is initiated by
14.15the department.
14.16EFFECTIVE DATE.This section is effective July 1, 2008.

14.17    Sec. 20. Minnesota Statutes 2006, section 299F.28, is amended to read:
14.18299F.28 RECORDS ARE PUBLIC, EXCEPTIONS.
14.19    All records on file in the state fire marshal's office shall be public, except: (1) any
14.20testimony, correspondence, or other matter taken in an investigation under the provisions
14.21of this chapter, which the state fire marshal may withhold from the public; and (2) any
14.22data collected on the locations of storage and use of explosives or blasting agents by
14.23individuals authorized under sections 299F.72 to 299F.831, which shall be classified as
14.24nonpublic data pursuant to section 13.02, subdivision 9.

14.25    Sec. 21. Minnesota Statutes 2006, section 299F.75, is amended by adding a subdivision
14.26to read:
14.27    Subd. 4. Use of data. The portions of an application submitted under this section
14.28and any other data held by an issuing authority, local fire official, or law enforcement
14.29agency that indicate the applicant's place and time of intended use of explosives or blasting
14.30agents and place and means of storage of the explosives or blasting agents until such use
14.31shall be classified as nonpublic data pursuant to section 13.02, subdivision 9.

15.1    Sec. 22. Minnesota Statutes 2006, section 325E.59, is amended by adding a subdivision
15.2to read:
15.3    Subd. 1a. Prohibiting the use of Social Security numbers on the face of mailings.
15.4    A government entity shall not send or cause to be sent or delivered any mailing either by
15.5letter, envelope, postcard, or package that displays a Social Security number on the face
15.6of the letter, envelope, postcard, or package, or from which a Social Security number is
15.7visible, whether on the outside or inside of the mailing. A government entity shall not
15.8require or request that a person send any mailing either by letter, envelope, postcard, or
15.9package that displays a Social Security number on the face of the mailing, or from which a
15.10Social Security number is visible, whether on the outside or inside of the mailing.

15.11    Sec. 23. Minnesota Statutes 2006, section 383B.917, subdivision 1, is amended to read:
15.12    Subdivision 1. Data Practices Act. (a) The corporation is subject to chapter 13, the
15.13Minnesota Government Data Practices Act.
15.14    (b) "Competitive data," as defined in this subdivision, are nonpublic data pursuant
15.15to section 13.02, subdivision 9, or private data on individuals pursuant to section 13.02,
15.16subdivision 12 . Competitive data are any type of data that the corporation, in its discretion,
15.17determines that if disclosed could cause competitive disadvantage to the corporation,
15.18including causing adverse effects on the current or future competitive position of the
15.19corporation or the entities, facilities, and operations for which it is responsible. Data
15.20discussed at an open meeting of the corporation retains the data's original classification,
15.21including classification as competitive data, as provided in section 13D.05, subdivision
15.221, paragraph (c) . Any data disseminated by the corporation to the county shall retain the
15.23same classification in the hands of the county, including the classification as competitive
15.24data, as provided in section 13.03, subdivision 4.
15.25    (c) A subsidiary, joint venture, association, partnership, or other entity that is formed
15.26by the corporation is not subject to chapter 13, except that if the corporation enters into a
15.27contract with such an entity to perform any functions of the corporation, the corporation
15.28shall include in the contract terms that make it clear that data created, collected, received,
15.29stored, used, maintained, or disseminated by the contracting entity in performing those
15.30functions is subject to the same requirements under chapter 13 as the corporation under
15.31this subdivision. However, this section does not create a duty on the part of the contracting
15.32entity to provide access to public data to the public if the public data are available from
15.33the corporation, except as required by the terms of the contract. Any entity contracting to
15.34perform functions of the corporation may classify data as competitive data as defined in
15.35paragraph (b).
16.1    (d) Notwithstanding section 13.384, if a nonprofit corporation provides faculty
16.2physician services to the corporation and is participating in an electronic exchange of
16.3health records with the corporation, the nonprofit corporation may share medical data
16.4with all other participants in the exchange for purposes of treatment, payment, or health
16.5care operations. The nonprofit corporation and other participants in the exchange are
16.6considered related health care entities for purposes of section 144.293, subdivision 5,
16.7clause (2), and are not considered outside of the corporation's facility for purposes of
16.8section 144.651, subdivision 16.
16.9EFFECTIVE DATE.This section is effective the day following final enactment.

16.10    Sec. 24. [473.674] AIRPORT PARKING SPACE CUSTOMER DATA.
16.11    The following data relating to applicants for or users of automated parking facilities
16.12at the Minneapolis-St. Paul International Airport are classified as nonpublic data with
16.13regard to data not on individuals and as private data with regard to data on individuals:
16.14(1) data contained in applications for an electronic tag or device that provides access to
16.15airport parking facilities and which assesses charges for a vehicle's use of those facilities;
16.16(2) personal and vehicle information data; (3) financial and credit data; and (4) parking
16.17usage data. Nothing in this section prohibits the production of summary data as defined
16.18in section 13.02, subdivision 19.

16.19    Sec. 25. Minnesota Statutes 2006, section 518.10, is amended to read:
16.20518.10 REQUISITES OF PETITION.
16.21    Subdivision 1. Petition. The petition for dissolution of marriage or legal separation
16.22shall state and allege:
16.23    (a) the name, and address, and, in circumstances in which child support or spousal
16.24maintenance will be addressed, Social Security number of the petitioner and any prior or
16.25other name used by the petitioner;
16.26    (b) the name and, if known, the address and, in circumstances in which child support
16.27or spousal maintenance will be addressed, Social Security number of the respondent and
16.28any prior or other name used by the respondent and known to the petitioner;
16.29    (c) the place and date of the marriage of the parties;
16.30    (d) in the case of a petition for dissolution, that either the petitioner or the respondent
16.31or both:
16.32    (1) has resided in this state for not less than 180 days immediately preceding the
16.33commencement of the proceeding, or
17.1    (2) has been a member of the armed services and has been stationed in this state for
17.2not less than 180 days immediately preceding the commencement of the proceeding, or
17.3    (3) has been a domiciliary of this state for not less than 180 days immediately
17.4preceding the commencement of the proceeding;
17.5    (e) the name at the time of the petition and any prior or other name, Social Security
17.6number, age, and date of birth of each living minor or dependent child of the parties born
17.7before the marriage or born or adopted during the marriage and a reference to, and the
17.8expected date of birth of, a child of the parties conceived during the marriage but not born;
17.9    (f) whether or not a separate proceeding for dissolution, legal separation, or custody
17.10is pending in a court in this state or elsewhere;
17.11    (g) in the case of a petition for dissolution, that there has been an irretrievable
17.12breakdown of the marriage relationship;
17.13    (h) in the case of a petition for legal separation, that there is a need for a decree
17.14of legal separation;
17.15    (i) any temporary or permanent maintenance, child support, child custody,
17.16disposition of property, attorneys' fees, costs and disbursements applied for without setting
17.17forth the amounts; and
17.18    (j) whether an order for protection under chapter 518B or a similar law of another
17.19state that governs the parties or a party and a minor child of the parties is in effect and, if
17.20so, the district court or similar jurisdiction in which it was entered.
17.21    The petition shall be verified by the petitioner or petitioners, and its allegations
17.22established by competent evidence.
17.23    Subd. 2. Social Security number document. In proceedings where child support
17.24or spousal maintenance issues will be addressed, the petition under subdivision 1 must
17.25be accompanied by a separate document that contains the Social Security numbers of the
17.26petitioner and the respondent. The Social Security number document must be maintained
17.27in a portion of the court file or records that are not accessible to the general public.

17.28    Sec. 26. REPEALER.
17.29Minnesota Statutes 2006, section 13.41, subdivision 4, is repealed.