HF 3112

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to government data practices; requiring that 
  1.3             a predatory offender's driving record include 
  1.4             information regarding registration requirements; 
  1.5             providing for transfer of government data between 
  1.6             state agencies for purposes of the offender 
  1.7             registration system; amending Minnesota Statutes 1998, 
  1.8             sections 13.54, subdivision 6; 171.12, by adding a 
  1.9             subdivision; and 243.166, subdivision 7, and by adding 
  1.10            a subdivision; Minnesota Statutes 1999 Supplement, 
  1.11            section 13.46, subdivision 2; proposing coding for new 
  1.12            law in Minnesota Statutes, chapter 176. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 1999 Supplement, section 
  1.15  13.46, subdivision 2, is amended to read: 
  1.16     Subd. 2.  [GENERAL.] (a) Unless the data is summary data or 
  1.17  a statute specifically provides a different classification, data 
  1.18  on individuals collected, maintained, used, or disseminated by 
  1.19  the welfare system is private data on individuals, and shall not 
  1.20  be disclosed except:  
  1.21     (1) according to section 13.05; 
  1.22     (2) according to court order; 
  1.23     (3) according to a statute specifically authorizing access 
  1.24  to the private data; 
  1.25     (4) to an agent of the welfare system, including a law 
  1.26  enforcement person, attorney, or investigator acting for it in 
  1.27  the investigation or prosecution of a criminal or civil 
  1.28  proceeding relating to the administration of a program; 
  1.29     (5) to personnel of the welfare system who require the data 
  2.1   to determine eligibility, amount of assistance, and the need to 
  2.2   provide services of additional programs to the individual; 
  2.3      (6) to administer federal funds or programs; 
  2.4      (7) between personnel of the welfare system working in the 
  2.5   same program; 
  2.6      (8) the amounts of cash public assistance and relief paid 
  2.7   to welfare recipients in this state, including their names, 
  2.8   social security numbers, income, addresses, and other data as 
  2.9   required, upon request by the department of revenue to 
  2.10  administer the property tax refund law, supplemental housing 
  2.11  allowance, early refund of refundable tax credits, and the 
  2.12  income tax.  "Refundable tax credits" means the dependent care 
  2.13  credit under section 290.067, the Minnesota working family 
  2.14  credit under section 290.0671, the property tax refund under 
  2.15  section 290A.04, and, if the required federal waiver or waivers 
  2.16  are granted, the federal earned income tax credit under section 
  2.17  32 of the Internal Revenue Code; 
  2.18     (9) between the department of human services, the 
  2.19  department of children, families, and learning, and the 
  2.20  department of economic security for the purpose of monitoring 
  2.21  the eligibility of the data subject for reemployment 
  2.22  compensation, for any employment or training program 
  2.23  administered, supervised, or certified by that agency, for the 
  2.24  purpose of administering any rehabilitation program or child 
  2.25  care assistance program, whether alone or in conjunction with 
  2.26  the welfare system, or to monitor and evaluate the Minnesota 
  2.27  family investment program by exchanging data on recipients and 
  2.28  former recipients of food stamps, cash assistance under chapter 
  2.29  256, 256D, 256J, or 256K, child care assistance under chapter 
  2.30  119B, or medical programs under chapter 256B, 256D, or 256L; 
  2.31     (10) to appropriate parties in connection with an emergency 
  2.32  if knowledge of the information is necessary to protect the 
  2.33  health or safety of the individual or other individuals or 
  2.34  persons; 
  2.35     (11) data maintained by residential programs as defined in 
  2.36  section 245A.02 may be disclosed to the protection and advocacy 
  3.1   system established in this state according to Part C of Public 
  3.2   Law Number 98-527 to protect the legal and human rights of 
  3.3   persons with mental retardation or other related conditions who 
  3.4   live in residential facilities for these persons if the 
  3.5   protection and advocacy system receives a complaint by or on 
  3.6   behalf of that person and the person does not have a legal 
  3.7   guardian or the state or a designee of the state is the legal 
  3.8   guardian of the person; 
  3.9      (12) to the county medical examiner or the county coroner 
  3.10  for identifying or locating relatives or friends of a deceased 
  3.11  person; 
  3.12     (13) data on a child support obligor who makes payments to 
  3.13  the public agency may be disclosed to the higher education 
  3.14  services office to the extent necessary to determine eligibility 
  3.15  under section 136A.121, subdivision 2, clause (5); 
  3.16     (14) participant social security numbers and names 
  3.17  collected by the telephone assistance program may be disclosed 
  3.18  to the department of revenue to conduct an electronic data match 
  3.19  with the property tax refund database to determine eligibility 
  3.20  under section 237.70, subdivision 4a; 
  3.21     (15) the current address of a Minnesota family investment 
  3.22  program participant may be disclosed to law enforcement officers 
  3.23  who provide the name of the participant and notify the agency 
  3.24  that: 
  3.25     (i) the participant: 
  3.26     (A) is a fugitive felon fleeing to avoid prosecution, or 
  3.27  custody or confinement after conviction, for a crime or attempt 
  3.28  to commit a crime that is a felony under the laws of the 
  3.29  jurisdiction from which the individual is fleeing; or 
  3.30     (B) is violating a condition of probation or parole imposed 
  3.31  under state or federal law; 
  3.32     (ii) the location or apprehension of the felon is within 
  3.33  the law enforcement officer's official duties; and 
  3.34     (iii)  the request is made in writing and in the proper 
  3.35  exercise of those duties; 
  3.36     (16) the current address of a recipient of general 
  4.1   assistance or general assistance medical care may be disclosed 
  4.2   to probation officers and corrections agents who are supervising 
  4.3   the recipient and to law enforcement officers who are 
  4.4   investigating the recipient in connection with a felony level 
  4.5   offense; 
  4.6      (17) information obtained from food stamp applicant or 
  4.7   recipient households may be disclosed to local, state, or 
  4.8   federal law enforcement officials, upon their written request, 
  4.9   for the purpose of investigating an alleged violation of the 
  4.10  Food Stamp Act, according to Code of Federal Regulations, title 
  4.11  7, section 272.1(c); 
  4.12     (18) the address, social security number, and, if 
  4.13  available, photograph of any member of a household receiving 
  4.14  food stamps shall be made available, on request, to a local, 
  4.15  state, or federal law enforcement officer if the officer 
  4.16  furnishes the agency with the name of the member and notifies 
  4.17  the agency that:  
  4.18     (i) the member: 
  4.19     (A) is fleeing to avoid prosecution, or custody or 
  4.20  confinement after conviction, for a crime or attempt to commit a 
  4.21  crime that is a felony in the jurisdiction the member is 
  4.22  fleeing; 
  4.23     (B) is violating a condition of probation or parole imposed 
  4.24  under state or federal law; or 
  4.25     (C) has information that is necessary for the officer to 
  4.26  conduct an official duty related to conduct described in subitem 
  4.27  (A) or (B); 
  4.28     (ii) locating or apprehending the member is within the 
  4.29  officer's official duties; and 
  4.30     (iii) the request is made in writing and in the proper 
  4.31  exercise of the officer's official duty; 
  4.32     (19) the current address of a recipient of Minnesota family 
  4.33  investment program-statewide, general assistance, general 
  4.34  assistance medical care, or food stamps may be disclosed to law 
  4.35  enforcement officers who provide the name of the recipient and 
  4.36  notify the agency that the recipient is a person required to 
  5.1   register under section 243.166 but is not residing at the 
  5.2   address at which the recipient is registered under section 
  5.3   243.166; 
  5.4      (20) certain information regarding child support obligors 
  5.5   who are in arrears may be made public according to section 
  5.6   518.575; 
  5.7      (20) (21) data on child support payments made by a child 
  5.8   support obligor and data on the distribution of those payments 
  5.9   excluding identifying information on obligees may be disclosed 
  5.10  to all obligees to whom the obligor owes support, and data on 
  5.11  the enforcement actions undertaken by the public authority, the 
  5.12  status of those actions, and data on the income of the obligor 
  5.13  or obligee may be disclosed to the other party; 
  5.14     (21) (22) data in the work reporting system may be 
  5.15  disclosed under section 256.998, subdivision 7; 
  5.16     (22) (23) to the department of children, families, and 
  5.17  learning for the purpose of matching department of children, 
  5.18  families, and learning student data with public assistance data 
  5.19  to determine students eligible for free and reduced price meals, 
  5.20  meal supplements, and free milk according to United States Code, 
  5.21  title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to 
  5.22  allocate federal and state funds that are distributed based on 
  5.23  income of the student's family; and to verify receipt of energy 
  5.24  assistance for the telephone assistance plan; 
  5.25     (23) (24) the current address and telephone number of 
  5.26  program recipients and emergency contacts may be released to the 
  5.27  commissioner of health or a local board of health as defined in 
  5.28  section 145A.02, subdivision 2, when the commissioner or local 
  5.29  board of health has reason to believe that a program recipient 
  5.30  is a disease case, carrier, suspect case, or at risk of illness, 
  5.31  and the data are necessary to locate the person; 
  5.32     (24) (25) to other state agencies, statewide systems, and 
  5.33  political subdivisions of this state, including the attorney 
  5.34  general, and agencies of other states, interstate information 
  5.35  networks, federal agencies, and other entities as required by 
  5.36  federal regulation or law for the administration of the child 
  6.1   support enforcement program; 
  6.2      (25) (26) to personnel of public assistance programs as 
  6.3   defined in section 256.741, for access to the child support 
  6.4   system database for the purpose of administration, including 
  6.5   monitoring and evaluation of those public assistance programs; 
  6.6      (26) (27) to monitor and evaluate the Minnesota family 
  6.7   investment program by exchanging data between the departments of 
  6.8   human services and children, families, and learning, on 
  6.9   recipients and former recipients of food stamps, cash assistance 
  6.10  under chapter 256, 256D, 256J, or 256K, child care assistance 
  6.11  under chapter 119B, or medical programs under chapter 256B, 
  6.12  256D, or 256L; or 
  6.13     (27) (28) to evaluate child support program performance and 
  6.14  to identify and prevent fraud in the child support program by 
  6.15  exchanging data between the department of human services, 
  6.16  department of revenue under section 270B.14, subdivision 1, 
  6.17  paragraphs (a) and (b), without regard to the limitation of use 
  6.18  in paragraph (c), department of health, department of economic 
  6.19  security, and other state agencies as is reasonably necessary to 
  6.20  perform these functions.  
  6.21     (b) Information on persons who have been treated for drug 
  6.22  or alcohol abuse may only be disclosed according to the 
  6.23  requirements of Code of Federal Regulations, title 42, sections 
  6.24  2.1 to 2.67. 
  6.25     (c) Data provided to law enforcement agencies under 
  6.26  paragraph (a), clause (15), (16), (17), or (18), or paragraph 
  6.27  (b), are investigative data and are confidential or protected 
  6.28  nonpublic while the investigation is active.  The data are 
  6.29  private after the investigation becomes inactive under section 
  6.30  13.82, subdivision 5, paragraph (a) or (b). 
  6.31     (d) Mental health data shall be treated as provided in 
  6.32  subdivisions 7, 8, and 9, but is not subject to the access 
  6.33  provisions of subdivision 10, paragraph (b).  
  6.34     Sec. 2.  Minnesota Statutes 1998, section 13.54, 
  6.35  subdivision 6, is amended to read: 
  6.36     Subd. 6.  [LAW ENFORCEMENT ACCESS TO CERTAIN DATA.] A 
  7.1   public housing agency that enters a contract for assistance 
  7.2   under United States Code, title 42, sections 1437 to 1440, shall 
  7.3   furnish a local, state, or federal law enforcement officer, upon 
  7.4   the officer's request, with the current address, social security 
  7.5   number, and photograph, if available, of a recipient of 
  7.6   assistance under United States Code, title 42, sections 1437 to 
  7.7   1440, if the officer: 
  7.8      (1) provides the name of the recipient to the housing 
  7.9   agency; and 
  7.10     (2) notifies the agency that: 
  7.11     (i) the recipient: 
  7.12     (A) is fleeing to avoid prosecution, or custody or 
  7.13  confinement after conviction, under the laws of the jurisdiction 
  7.14  from which the individual is fleeing, for a crime which is a 
  7.15  felony under the laws of that jurisdiction; 
  7.16     (B) is violating a condition of probation or parole imposed 
  7.17  under state or federal law; or 
  7.18     (C) is a person required to register under section 243.166 
  7.19  and is not residing at the address at which the person is 
  7.20  registered under section 243.166; or 
  7.21     (D) has information necessary for the officer to conduct 
  7.22  the officer's official duties; 
  7.23     (ii) the location or apprehension of the individual is 
  7.24  within the officer's official duties; and 
  7.25     (iii) the request is made in writing and in the proper 
  7.26  exercise of the officer's official duties. 
  7.27     Sec. 3.  Minnesota Statutes 1998, section 171.12, is 
  7.28  amended by adding a subdivision to read: 
  7.29     Subd. 2b.  [DRIVING RECORD TO INDICATE THAT PERSON IS A 
  7.30  REGISTERED PREDATORY OFFENDER.] When the commissioner receives 
  7.31  notice from the bureau of criminal apprehension that a person is 
  7.32  required to register as a predatory offender under section 
  7.33  243.166, the commissioner shall determine whether the person has 
  7.34  a driver's license or permit to drive and, if so, record the 
  7.35  fact that the person is required to register as a predatory 
  7.36  offender, the address of the person according to the bureau's 
  8.1   records, and the time period during which the person is required 
  8.2   to continue to register on the person's driving record.  This 
  8.3   information is private data on individuals under section 13.02, 
  8.4   subdivision 12, but may be released to and exchanged among 
  8.5   agencies for purposes of an investigation.  
  8.6      Sec. 4.  [176.862] [DISCLOSURE TO LAW ENFORCEMENT.] 
  8.7      The commissioner must disclose the current address of an 
  8.8   employee collected or maintained under this chapter to law 
  8.9   enforcement officers who provide the name of the employee and 
  8.10  notify the commissioner that the employee is a person required 
  8.11  to register under section 243.166 and is not residing at the 
  8.12  address at which the employee is registered under section 
  8.13  243.166. 
  8.14     Sec. 5.  Minnesota Statutes 1998, section 243.166, 
  8.15  subdivision 7, is amended to read: 
  8.16     Subd. 7.  [USE OF INFORMATION.] Except as otherwise 
  8.17  provided in subdivision 10 and section 244.052, the information 
  8.18  provided under this section is private data on individuals under 
  8.19  section 13.01 13.02, subdivision 12.  The information may be 
  8.20  used only for law enforcement purposes.  
  8.21     Sec. 6.  Minnesota Statutes 1998, section 243.166, is 
  8.22  amended by adding a subdivision to read: 
  8.23     Subd. 10.  [NOTICE TO DEPARTMENT OF PUBLIC SAFETY.] The 
  8.24  superintendent of the bureau of criminal apprehension shall 
  8.25  notify the commissioner of public safety about individuals who 
  8.26  are required to register under this section so that the 
  8.27  commissioner of public safety can comply with section 171.12, 
  8.28  subdivision 2b.  The notice must contain the registrant's name 
  8.29  and current address and the time period that the registrant is 
  8.30  required to comply with this section.