SF 863

1st Unofficial Engrossment - 86th Legislature (2009 - 2010) Posted on 12/26/2012 11:17pm

1.1A bill for an act

1.2relating to data practices; classifying government data; requiring informed
1.3consent; amending definitions; allowing disclosure of certain data; authorizing
1.4access to certain records; making technical changes; modifying provisions
1.5governing temporary classifications and personnel data;amending Minnesota
1.6Statutes 2008, sections 13.05, subdivision 4, by adding a subdivision; 13.06,
1.7subdivisions 1, 3, 4, 5, 7, by adding subdivisions; 13.43, subdivisions 1, 2; 13.44,
1.8subdivision 3; 13.792; 13.87, by adding a subdivision; 13D.05, subdivision 3;
1.916B.97, by adding a subdivision; 125A.21, subdivision 5; Minnesota Statutes
1.102009 Supplement, section 13.64; repealing Minnesota Statutes 2008, section
1.1113.06, subdivision 2; Minnesota Rules, part 1205.1800.
1.12BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.13ARTICLE 1

1.14GENERAL PROVISIONS

1.15    Section 1. Minnesota Statutes 2008, section 13.05, subdivision 4, is amended to read:
1.16    Subd. 4. Limitations on collection and use of data. Private or confidential data on
1.17an individual shall not be collected, stored, used, or disseminated by government entities
1.18for any purposes other than those stated to the individual at the time of collection in
1.19accordance with section 13.04, except as provided in this subdivision.
1.20(a) Data collected prior to August 1, 1975, and which have not been treated as public
1.21data, may be used, stored, and disseminated for the purposes for which the data was
1.22originally collected or for purposes which are specifically approved by the commissioner
1.23as necessary to public health, safety, or welfare.
1.24(b) Private or confidential data may be used and disseminated to individuals or
1.25entities specifically authorized access to that data by state, local, or federal law enacted or
1.26promulgated after the collection of the data.
2.1(c) Private or confidential data may be used and disseminated to individuals or
2.2entities subsequent to the collection of the data when the responsible authority maintaining
2.3the data has requested approval for a new or different use or dissemination of the data
2.4and that request has been specifically approved by the commissioner as necessary to carry
2.5out a function assigned by law.
2.6(d) Private data may be used by and disseminated to any person or entity if the
2.7individual subject or subjects of the data have given their informed consent. Whether a
2.8data subject has given informed consent shall be determined by rules of the commissioner.
2.9The format for informed consent is as follows, unless otherwise prescribed by the HIPAA,
2.10Standards for Privacy of Individually Identifiable Health Information, 65 Fed. Reg. 82,
2.11461 (2000) (to be codified as Code of Federal Regulations, title 45, section 164): informed
2.12consent shall not be deemed to have been given by an individual subject of the data by the
2.13signing of any statement authorizing any person or entity to disclose information about the
2.14individual to an insurer or its authorized representative, unless the statement is:
2.15(1) in plain language;
2.16(2) dated;
2.17(3) specific in designating the particular persons or agencies the data subject is
2.18authorizing to disclose information about the data subject;
2.19(4) specific as to the nature of the information the subject is authorizing to be
2.20disclosed;
2.21(5) specific as to the persons or entities to whom the subject is authorizing
2.22information to be disclosed;
2.23(6) specific as to the purpose or purposes for which the information may be used
2.24by any of the parties named in clause (5), both at the time of the disclosure and at any
2.25time in the future;
2.26(7) specific as to its expiration date which should be within a reasonable period of
2.27time, not to exceed one year except in the case of authorizations given in connection
2.28with applications for (i) life insurance or noncancelable or guaranteed renewable health
2.29insurance and identified as such, two years after the date of the policy or (ii) medical
2.30assistance under chapter 256B or MinnesotaCare under chapter 256L, which shall be
2.31ongoing during all terms of eligibility, for individual education plan health-related services
2.32provided by a school district under section 125A.21, subdivision 2.
2.33The responsible authority may require a person requesting copies of data under this
2.34paragraph to pay the actual costs of making, and certifying, and compiling the copies.
2.35(e) Private or confidential data on an individual may be discussed at a meeting open
2.36to the public to the extent provided in section 13D.05.

3.1    Sec. 2. Minnesota Statutes 2008, section 13.05, is amended by adding a subdivision to
3.2read:
3.3    Subd. 4a. Informed consent for insurance purposes. Informed consent for
3.4insurance purposes must comply with this subdivision, unless otherwise prescribed by
3.5the HIPAA Standards for Privacy of Individually Identifiable Health Information, Code
3.6of Federal Regulations, title 45, section 164. Informed consent for insurance purposes
3.7is not considered to have been given by an individual subject of data by the signing of a
3.8statement authorizing a government entity to disclose information about the individual to
3.9an insurer or its authorized representative, unless the statement is:
3.10(1) in plain language;
3.11(2) dated;
3.12(3) specific in designating the government entity the data subject is authorizing to
3.13disclose information about the data subject;
3.14(4) specific as to the nature of the information the data subject is authorizing to
3.15be disclosed;
3.16(5) specific as to the persons to whom the data subject is authorizing information to
3.17be disclosed;
3.18(6) specific as to the purpose or purposes for which the information may be used
3.19by any of the persons named in clause (5), both at the time of the disclosure and at any
3.20time in the future; and
3.21(7) specific as to its expiration date, which must be within a reasonable period of
3.22time, not to exceed one year.
3.23Notwithstanding clause (7), in the case of authorizations given in connection with
3.24applications for life insurance or noncancelable or guaranteed renewable health insurance
3.25that is so identified, the expiration date must not exceed two years after the date of the
3.26policy. An authorization in connection with medical assistance under chapter 256B or
3.27MinnesotaCare under chapter 256L or for individual education plan health-related services
3.28provided by a school district under section 125A.21, subdivision 2, is valid during all
3.29terms of eligibility.

3.30    Sec. 3. Minnesota Statutes 2008, section 13.43, subdivision 1, is amended to read:
3.31    Subdivision 1. Definition. As used in this section, "personnel data" means
3.32government data on individuals collected maintained because the individual is or was
3.33an employee of or an applicant for employment by, performs services on a voluntary
3.34basis for, or acts as an independent contractor with a government entity. Personnel data
3.35includes data submitted by an employee to a government entity as part of an organized
4.1self-evaluation effort by the government entity to request suggestions from all employees
4.2on ways to cut costs, make government more efficient, or improve the operation of
4.3government. An employee who is identified in a suggestion shall have access to all data in
4.4the suggestion except the identity of the employee making the suggestion.

4.5    Sec. 4. Minnesota Statutes 2008, section 13.43, subdivision 2, is amended to read:
4.6    Subd. 2. Public data. (a) Except for employees described in subdivision 5 and
4.7subject to the limitations described in subdivision 5a, the following personnel data on
4.8current and former employees, volunteers, and independent contractors of a government
4.9entity is public:
4.10    (1) name; employee identification number, which must not be the employee's Social
4.11Security number; actual gross salary; salary range; terms and conditions of employment
4.12relationship; contract fees; actual gross pension; the value and nature of employer paid
4.13fringe benefits; and the basis for and the amount of any added remuneration, including
4.14expense reimbursement, in addition to salary;
4.15    (2) job title and bargaining unit; job description; education and training background;
4.16and previous work experience;
4.17    (3) date of first and last employment;
4.18    (4) the existence and status of any complaints or charges against the employee,
4.19regardless of whether the complaint or charge resulted in a disciplinary action;
4.20    (5) the final disposition of any disciplinary action together with the specific reasons
4.21for the action and data documenting the basis of the action, excluding data that would
4.22identify confidential sources who are employees of the public body;
4.23    (6) the terms of any agreement settling any dispute arising out of an employment
4.24relationship, including a buyout agreement as defined in section 123B.143, subdivision 2,
4.25paragraph (a); except that the agreement must include specific reasons for the agreement if
4.26it involves the payment of more than $10,000 of public money;
4.27    (7) work location; a work telephone number; badge number; work-related continuing
4.28education; and honors and awards received; and
4.29    (8) payroll time sheets or other comparable data that are only used to account for
4.30employee's work time for payroll purposes, except to the extent that release of time sheet
4.31data would reveal the employee's reasons for the use of sick or other medical leave
4.32or other not public data.
4.33    (b) For purposes of this subdivision, a final disposition occurs when the government
4.34entity makes its final decision about the disciplinary action, regardless of the possibility of
4.35any later proceedings or court proceedings. In the case of arbitration proceedings arising
5.1under collective bargaining agreements, a final disposition occurs at the conclusion of the
5.2arbitration proceedings, or upon the failure of the employee to elect arbitration within
5.3the time provided by the collective bargaining agreement. Final disposition includes a
5.4resignation by an individual when the resignation occurs after the final decision of the
5.5government entity, or arbitrator. A disciplinary action does not become public data if an
5.6arbitrator sustains a grievance and reverses all aspects of any disciplinary action.
5.7    (c) The government entity may display a photograph of a current or former employee
5.8to a prospective witness as part of the government entity's investigation of any complaint
5.9or charge against the employee.
5.10    (d) A complainant has access to a statement provided by the complainant to a
5.11government entity in connection with a complaint or charge against an employee.
5.12    (e) Notwithstanding paragraph (a), clause (5), upon completion of an investigation
5.13of a complaint or charge against a public official, or if a public official resigns or is
5.14terminated from employment while the complaint or charge is pending, all data relating to
5.15the complaint or charge are public, unless access to the data would jeopardize an active
5.16investigation or reveal confidential sources. For purposes of this paragraph, "public
5.17official" means:
5.18    (1) the head of a state agency and deputy and assistant state agency heads;
5.19    (2) members of boards or commissions required by law to be appointed by the
5.20governor or other elective officers; and
5.21    (3) executive or administrative heads of departments, bureaus, divisions, or
5.22institutions within state government.

5.23    Sec. 5. Minnesota Statutes 2008, section 13.44, subdivision 3, is amended to read:
5.24    Subd. 3. Real property; appraisal data. (a) Confidential or protected nonpublic
5.25data. Estimated or appraised values of individual parcels of real property that are made by
5.26personnel of a government entity or by independent appraisers acting for a government
5.27entity for the purpose of selling or acquiring land through purchase or condemnation are
5.28classified as confidential data on individuals or protected nonpublic data.
5.29    (b) Private or nonpublic data. Appraised values of individual parcels of real
5.30property that are made by appraisers working for fee owners or contract purchasers who
5.31have received an offer to purchase their property from a government entity are classified
5.32as private data on individuals or nonpublic data.
5.33    (c) Public data. The data made confidential or protected nonpublic under paragraph
5.34(a) or made private or nonpublic under paragraph (b) become public upon the occurrence
5.35of any of the following:
6.1    (1) the data are submitted to a court-appointed condemnation commissioner;
6.2    (2) the data are presented in court in condemnation proceedings; or
6.3    (3) the negotiating parties enter into an agreement for the purchase and sale of the
6.4property.
6.5The data made confidential or protected nonpublic under paragraph (a) may be
6.6made public at the discretion of a political subdivision, as determined by majority vote of
6.7its governing body.
6.8EFFECTIVE DATE.This section is effective the day following final enactment.

6.9    Sec. 6. Minnesota Statutes 2009 Supplement, section 13.64, is amended to read:
6.1013.64 DEPARTMENT OF ADMINISTRATION; MANAGEMENT AND
6.11BUDGET DATA.
6.12    Subdivision 1. Department of Management and Budget. (a) Notes and
6.13preliminary drafts of reports created, collected, or maintained by the Management Analysis
6.14Division, Department of Management and Budget, and prepared during management
6.15studies, audits, reviews, consultations, or investigations are classified as confidential or
6.16protected nonpublic data until the final report has been published or preparation of the
6.17report is no longer being actively pursued.
6.18(b) Data that support the conclusions of the report and that the commissioner of
6.19management and budget reasonably believes will result in litigation are confidential or
6.20protected nonpublic until the litigation has been completed or until the litigation is no
6.21longer being actively pursued.
6.22(c) Data on individuals that could reasonably be used to determine the identity of an
6.23individual supplying data for a report are private if:
6.24(1) the data supplied by the individual were needed for a report; and
6.25(2) the data would not have been provided to the Management Analysis Division
6.26without an assurance to the individual that the individual's identity would remain private,
6.27or the Management Analysis Division reasonably believes that the individual would not
6.28have provided the data.
6.29    Subd. 2. Department of Administration. Security features of building
6.30plans, building specifications, and building drawings of state-owned facilities and
6.31nonstate-owned facilities leased by the state are classified as nonpublic data when
6.32maintained by the Department of Administration and may be shared with anyone as
6.33needed to perform duties of the commissioner.

7.1    Sec. 7. Minnesota Statutes 2008, section 13.792, is amended to read:
7.213.792 PRIVATE DONOR GIFT DATA.
7.3The following data maintained by the Minnesota Zoological Garden, the University
7.4of Minnesota, the Minnesota State Colleges and Universities, the Regional Parks
7.5Foundation of the Twin Cities, and any related entity subject to chapter 13 are classified
7.6as private or nonpublic:
7.7(1) research information about prospects and donors gathered to aid in determining
7.8appropriateness of solicitation and level of gift request;
7.9(2) specific data in prospect lists that would identify prospects to be solicited, dollar
7.10amounts to be requested, and name of solicitor;
7.11(3) portions of solicitation letters and proposals that identify the prospect being
7.12solicited and the dollar amount being requested;
7.13(4) letters, pledge cards, and other responses received from donors regarding
7.14prospective gifts in response to solicitations;
7.15(5) portions of thank-you letters and other gift acknowledgment communications
7.16that would identify the name of the donor and the specific amount of the gift, pledge,
7.17or pledge payment;
7.18(6) donor financial or estate planning information, or portions of memoranda, letters,
7.19or other documents commenting on any donor's financial circumstances; and
7.20(7) data detailing dates of gifts, payment schedule of gifts, form of gifts, and specific
7.21gift amounts made by donors.
7.22Names of donors and gift ranges are public data.
7.23EFFECTIVE DATE.This section is effective the day following final enactment.

7.24    Sec. 8. Minnesota Statutes 2008, section 13.87, is amended by adding a subdivision to
7.25read:
7.26    Subd. 5. Parole and probation authority access to records. Parole and county
7.27probation authorities may access data identified in subdivision 2 on an applicant or permit
7.28holder who is also a defendant, parolee, or probationer of a district court.

7.29    Sec. 9. Minnesota Statutes 2008, section 13D.05, subdivision 3, is amended to read:
7.30    Subd. 3. What meetings may be closed. (a) A public body may close a meeting
7.31to evaluate the performance of an individual who is subject to its authority. The public
7.32body shall identify the individual to be evaluated prior to closing a meeting. At its next
8.1open meeting, the public body shall summarize its conclusions regarding the evaluation.
8.2A meeting must be open at the request of the individual who is the subject of the meeting.
8.3(b) Meetings may be closed if the closure is expressly authorized by statute or
8.4permitted by the attorney-client privilege.
8.5(c) A public body may close a meeting:
8.6(1) to determine the asking price for real or personal property to be sold by the
8.7government entity;
8.8(2) to review confidential or protected nonpublic appraisal data under section 13.44,
8.9subdivision 3 ; and
8.10(3) to develop or consider offers or counteroffers for the purchase or sale of real or
8.11personal property.
8.12Before holding a closed meeting under this paragraph, the public body must identify
8.13on the record the particular real or personal property that is the subject of the closed
8.14meeting. The proceedings of a meeting closed under this paragraph must be tape recorded
8.15at the expense of the public body. The recording must be preserved for eight years after
8.16the date of the meeting and made available to the public after all real or personal property
8.17discussed at the meeting has been purchased or sold or the governing body has abandoned
8.18the purchase or sale. The real or personal property that is the subject of the closed meeting
8.19must be specifically identified on the tape. A list of members and all other persons present
8.20at the closed meeting must be made available to the public after the closed meeting. If an
8.21action is brought claiming that public business other than discussions allowed under this
8.22paragraph was transacted at a closed meeting held under this paragraph during the time
8.23when the tape is not available to the public, section 13D.03, subdivision 3, applies.
8.24An agreement reached that is based on an offer considered at a closed meeting is
8.25contingent on approval of the public body at an open meeting. The actual purchase or
8.26sale must be approved at an open meeting after the notice period required by statute or the
8.27governing body's internal procedures, and the purchase price or sale price is public data.
8.28(d) Meetings may be closed to receive security briefings and reports, to discuss issues
8.29related to security systems, to discuss emergency response procedures and to discuss
8.30security deficiencies in or recommendations regarding public services, infrastructure and
8.31facilities, if disclosure of the information discussed would pose a danger to public safety or
8.32compromise security procedures or responses. Financial issues related to security matters
8.33must be discussed and all related financial decisions must be made at an open meeting.
8.34Before closing a meeting under this paragraph, the public body, in describing the subject to
8.35be discussed, must refer to the facilities, systems, procedures, services, or infrastructures
9.1to be considered during the closed meeting. A closed meeting must be tape recorded at the
9.2expense of the governing body, and the recording must be preserved for at least four years.

9.3    Sec. 10. Minnesota Statutes 2008, section 16B.97, is amended by adding a subdivision
9.4to read:
9.5    Subd. 5. Data classification. Data maintained by the commissioner that identify
9.6a person providing comments to the commissioner under subdivision 4, paragraph (a),
9.7clauses (6) and (7), are private and nonpublic data but may be shared with the executive
9.8agency that is the subject of the comments.

9.9    Sec. 11. Minnesota Statutes 2008, section 125A.21, subdivision 5, is amended to read:
9.10    Subd. 5. Informed consent. When obtaining informed consent, consistent with
9.11sections 13.05, subdivision 4, paragraph (d) 4a; and 256B.77, subdivision 2, paragraph
9.12(p), to bill health plans for covered services, the school district must notify the legal
9.13representative (1) that the cost of the person's private health insurance premium
9.14may increase due to providing the covered service in the school setting, (2) that the
9.15school district may pay certain enrollee health plan costs, including but not limited to,
9.16co-payments, coinsurance, deductibles, premium increases or other enrollee cost-sharing
9.17amounts for health and related services required by an individual service plan, or individual
9.18family service plan, and (3) that the school's billing for each type of covered service may
9.19affect service limits and prior authorization thresholds. The informed consent may be
9.20revoked in writing at any time by the person authorizing the billing of the health plan.

9.21    Sec. 12. REPEALER.
9.22(a) Minnesota Statutes 2008, section 13.06, subdivision 2, is repealed.
9.23(b) Minnesota Rules, part 1205.1800, is repealed.

9.24ARTICLE 2

9.25TEMPORARY CLASSIFICATIONS

9.26    Section 1. Minnesota Statutes 2008, section 13.06, subdivision 1, is amended to read:
9.27    Subdivision 1. Application to commissioner. (a) Notwithstanding the provisions
9.28of section 13.03, the responsible authority of a government entity may apply to the
9.29commissioner for permission to classify data or types of data on individuals as private
9.30or confidential, or data not on individuals as nonpublic or protected nonpublic, for its
9.31own use and for the use of other similar government entities on a temporary basis until
10.1a proposed statute can be acted upon by the legislature. The application for temporary
10.2classification is public.
10.3(b) Upon the filing receipt by the commissioner of an application for temporary
10.4classification, the data which is the subject of the application shall be deemed to be
10.5classified as set forth in the application for a period of 45 days, or until the application is
10.6disapproved, rejected, or granted by the commissioner, whichever is earlier.
10.7(c) If the commissioner determines that an application has been submitted for
10.8purposes not consistent with this section, the commissioner may immediately reject the
10.9application, give notice of that rejection to the applicant, and return the application. When
10.10the applicant receives the notice of rejection from the commissioner, the data which was
10.11the subject of the application shall have the classification it had before the application was
10.12submitted to the commissioner.

10.13    Sec. 2. Minnesota Statutes 2008, section 13.06, subdivision 3, is amended to read:
10.14    Subd. 3. Contents of application for nonpublic or nonpublic protected data.
10.15An application for temporary classification of government data not on individuals shall
10.16include and the applicant shall have the burden of clearly establishing that no statute
10.17currently exists which either allows or forbids classification as nonpublic or protected
10.18nonpublic not public; and either one or more of the following:
10.19(1) that data similar to that for which the temporary classification is sought has have
10.20been treated classified as nonpublic or protected nonpublic not public by other government
10.21entities, and by the public; or
10.22(2) public access to the data would render unworkable a program authorized by
10.23law; or.
10.24(3) The applicant must also clearly establish that a compelling need exists for
10.25immediate temporary classification, which if not granted could adversely affect the health,
10.26safety or welfare of the public, or the data subject's well-being or reputation.

10.27    Sec. 3. Minnesota Statutes 2008, section 13.06, subdivision 4, is amended to read:
10.28    Subd. 4. Procedure when classification affects others. If the commissioner
10.29determines that an application for temporary classification involves data which would
10.30reasonably be classified in the same manner by all government entities similar to the
10.31one which made the application, the commissioner may approve or disapprove the
10.32classification for data of the kind which is the subject of the application for the use
10.33of all government entities similar to the applicant. If requested in the application, the
10.34commissioner may also determine that the data classification affects similar government
11.1entities. On deeming this approach advisable, the commissioner shall provide notice of
11.2the proposed action by publication in the State Register within ten 15 days of receiving the
11.3application. Within 30 days after publication in the State Register an affected government
11.4entity or the public may submit comments on the commissioner's proposal application.
11.5The commissioner shall consider any comments received when granting or denying a
11.6classification for data of the kind which is the subject of the application, for the use of all
11.7government entities similar to the applicant. Within 45 days after the close of the period
11.8for submitting comment, the commissioner shall grant or disapprove the application.
11.9Applications processed under this subdivision shall be either approved or disapproved
11.10by the commissioner within 90 days of the receipt of the application. For purposes of
11.11subdivision 1, the data which is the subject of the classification shall be deemed to be
11.12classified as set forth in the application for a period of 90 days, or until the application
11.13is disapproved or granted by the commissioner, whichever is earlier. If requested in the
11.14application, or determined to be necessary by the commissioner, the data in the application
11.15shall be so classified for all government entities similar to the applicant until the application
11.16is disapproved or granted by the commissioner, whichever is earlier. Proceedings after the
11.17grant or disapproval shall be governed by the provisions of subdivision 5.

11.18    Sec. 4. Minnesota Statutes 2008, section 13.06, is amended by adding a subdivision to
11.19read:
11.20    Subd. 4a. Withdrawal of application. Except when an application is processed
11.21under subdivision 4, an application may be withdrawn by the responsible authority prior to
11.22the commissioner granting or disapproving the temporary classification. The responsible
11.23authority shall notify the commissioner in writing of the entity's intent to withdraw the
11.24application. The written withdrawal must state the reason the temporary classification is
11.25no longer necessary and must be signed by the responsible authority.

11.26    Sec. 5. Minnesota Statutes 2008, section 13.06, subdivision 5, is amended to read:
11.27    Subd. 5. Determination. (a) The commissioner shall either grant or disapprove
11.28the application for temporary classification within 45 days after it is filed received by
11.29the commissioner. On disapproving an application, the commissioner shall set forth
11.30in detail reasons for the disapproval, and shall include a statement of belief as to what
11.31classification is appropriate for the data which is the subject of the application. Twenty
11.32days after the date of the responsible authority receives the commissioner's disapproval
11.33of an application, the data which is the subject of the application shall become public
11.34data, unless the responsible authority submits an amended application for temporary
12.1classification which requests the classification deemed appropriate by the commissioner
12.2in the statement of disapproval or which sets forth additional information relating to the
12.3original proposed classification. Upon the filing of an amended application, the data
12.4which is the subject of the amended application shall be deemed to be classified as set
12.5forth in the amended application for a period of 20 days or until the amended application
12.6is granted or disapproved by the commissioner, whichever is earlier. The commissioner
12.7shall either grant or disapprove the amended application within 20 days after it is filed.
12.8Five working days after the date of the responsible authority receives the commissioner's
12.9disapproval of the amended application, the data which is the subject of the application
12.10shall become public data. No more than one amended application may be submitted for
12.11any single file or system.
12.12(b) If the commissioner grants an application for temporary classification under this
12.13section, it shall become effective immediately, and the complete record relating to the
12.14application shall be submitted to the attorney general, who shall review the classification
12.15as to form and legality. Within 25 days after receipt of the record, the attorney general
12.16shall approve the classification, disapprove a classification as confidential or protected
12.17nonpublic but approve a classification as private or nonpublic, or disapprove the
12.18classification. If the attorney general disapproves a classification, the data which is the
12.19subject of the classification shall become public data five working days after the date of
12.20the attorney general's disapproval.

12.21    Sec. 6. Minnesota Statutes 2008, section 13.06, is amended by adding a subdivision to
12.22read:
12.23    Subd. 6a. Data use and dissemination. During the period of the temporary
12.24classification, a responsible authority may request approval from the commissioner for a
12.25new or different use or dissemination of the data as provided in section 13.05, subdivision
12.264, for any data temporarily classified under this section.

12.27    Sec. 7. Minnesota Statutes 2008, section 13.06, subdivision 7, is amended to read:
12.28    Subd. 7. Legislative consideration of temporary classifications; expiration.
12.29On or before January 15 of each year, the commissioner shall submit all temporary
12.30classifications in effect on January 1 in bill form to the legislature. The temporary
12.31classification expires June August 1 of the year following its submission it is submitted to
12.32the legislature.