HF 1898

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to government data practices; providing for 
  1.3             access to and maintenance of certain government data; 
  1.4             classifying and defining certain government data; 
  1.5             requiring a report to commissioner of administration; 
  1.6             abolishing certain administrative remedies; amending 
  1.7             Minnesota Statutes 2000, sections 3.979, by adding a 
  1.8             subdivision; 13.02, subdivision 11; 13.32, by adding a 
  1.9             subdivision; 13.59; 13.594; 13.719, by adding a 
  1.10            subdivision; 138.17, subdivision 7; 182.659, 
  1.11            subdivision 8; Laws 1997, First Special Session 
  1.12            chapter 3, section 27, as amended; proposing coding 
  1.13            for new law in Minnesota Statutes, chapters 8; 13; 
  1.14            611A; repealing Minnesota Statutes 2000, sections 
  1.15            13.081; 13.592; 13.5921; 13.5922; 13.593; 13.594; 
  1.16            13.5951; 13.5952; 13.5953; 13.596; 13.5965; 13.643, 
  1.17            subdivision 4; 16C.06, subdivision 3. 
  1.18  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.19     Section 1.  Minnesota Statutes 2000, section 3.979, is 
  1.20  amended by adding a subdivision to read: 
  1.21     Subd. 5.  [COMMISSIONER'S OPINION; LEGISLATIVE AUDITOR 
  1.22  ACCESS TO DATA.] If, after the commissioner of administration 
  1.23  issues an opinion under section 13.072 that a person requesting 
  1.24  access to data held by a state agency is entitled to that 
  1.25  access, the state agency continues to refuse to provide the data 
  1.26  or the person making the request is told that the data sought 
  1.27  does not exist, the legislative audit commission may instruct 
  1.28  the legislative auditor to review all state agency data related 
  1.29  to the request.  Following the review, the legislative auditor 
  1.30  shall provide all public data obtained, if any, to the 
  1.31  legislative audit commission. 
  2.1      Sec. 2.  [8.37] [ACCESS TO HEALTH RECORDS.] 
  2.2      Notwithstanding section 13.384, subdivision 3; 13.46; 
  2.3   62D.145, subdivision 2; or 72A.502, or any other provision of 
  2.4   law to the contrary, the attorney general must follow the 
  2.5   procedure established in this section to obtain access to 
  2.6   patient health records or any other individually identifiable 
  2.7   medical data about a patient.  To obtain access to patient 
  2.8   health records or any other individually identifiable medical 
  2.9   data about a patient, the attorney general must seek a court 
  2.10  order authorizing release of the data.  Before releasing the 
  2.11  data, the court or the entity maintaining the data must contact 
  2.12  all patients who are the subjects of the data, notify the 
  2.13  patients that the attorney general has requested access to the 
  2.14  data, and give the patients the opportunity to refuse to have 
  2.15  their data released to the attorney general.  The court shall 
  2.16  not release any patient health records or other individually 
  2.17  identifiable medical data, pursuant to a court order, if the 
  2.18  patient who is the subject of the data has refused to consent to 
  2.19  the release. 
  2.20     Sec. 3.  Minnesota Statutes 2000, section 13.02, 
  2.21  subdivision 11, is amended to read: 
  2.22     Subd. 11.  [POLITICAL SUBDIVISION.] "Political subdivision" 
  2.23  means any county, statutory or home rule charter city, school 
  2.24  district, special district, metropolitan area town as described 
  2.25  in section 368.01, subdivision 1 or 1a, and any board, 
  2.26  commission, district or authority created pursuant to law, local 
  2.27  ordinance or charter provision.  It includes any nonprofit 
  2.28  corporation which is a community action agency organized 
  2.29  pursuant to the Economic Opportunity Act of 1964 (Public Law 
  2.30  Number 88-452) as amended, to qualify for public funds, or any 
  2.31  nonprofit social service agency which performs services under 
  2.32  contract to any political subdivision, statewide system or state 
  2.33  agency, to the extent that the nonprofit social service agency 
  2.34  or nonprofit corporation collects, stores, disseminates, and 
  2.35  uses data on individuals because of a contractual relationship 
  2.36  with state agencies, political subdivisions or statewide systems.
  3.1      Sec. 4.  [13.15] [COMPUTER DATA.] 
  3.2      Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  3.3   following terms have the meanings given. 
  3.4      (a) [ELECTRONIC ACCESS DATA.] "Electronic access data" 
  3.5   means data created, collected, or maintained about a person's 
  3.6   access to a government entity's computer for the purpose of:  
  3.7      (1) gaining access to data or information; 
  3.8      (2) transferring data or information; or 
  3.9      (3) using government services. 
  3.10     (b) [COOKIE.] "Cookie" means any data that a 
  3.11  government-operated computer electronically places on the 
  3.12  computer of a person who has gained access to a government 
  3.13  computer.  
  3.14     Subd. 2.  [CLASSIFICATION OF DATA.] Electronic access data 
  3.15  are private data on individuals or nonpublic data. 
  3.16     Subd. 3.  [NOTICE.] A government entity that creates, 
  3.17  collects, or maintains electronic access data or uses its 
  3.18  computer to install a cookie on a person's computer must inform 
  3.19  persons gaining access to the entity's computer of the creation, 
  3.20  collection, or maintenance of electronic access data or the 
  3.21  entity's use of cookies before requiring the person to provide 
  3.22  any data about the person to the government entity.  As part of 
  3.23  that notice, the government entity must inform the person how 
  3.24  the data will be used and disseminated, including the uses and 
  3.25  disseminations in subdivision 4. 
  3.26     Subd. 4.  [USE OF ELECTRONIC ACCESS DATA.] Electronic 
  3.27  access data may be disseminated: 
  3.28     (1) to the commissioner for the purpose of evaluating 
  3.29  electronic government services; 
  3.30     (2) to another government entity to prevent unlawful 
  3.31  intrusions into government electronic systems; or 
  3.32     (3) as otherwise provided by law. 
  3.33     Sec. 5.  Minnesota Statutes 2000, section 13.32, is amended 
  3.34  by adding a subdivision to read: 
  3.35     Subd. 5a.  [MILITARY RECRUITMENT.] An educational agency or 
  3.36  institution shall release to military recruiting officers the 
  4.1   names, addresses, and home telephone numbers of students in 
  4.2   grades 11 and 12 within 60 days after the date of the request, 
  4.3   except as otherwise provided by this subdivision.  An 
  4.4   educational agency or institution shall give parents and 
  4.5   students notice of the right to refuse release of this data to 
  4.6   military recruiting officers.  Notice may be given by any means 
  4.7   reasonably likely to inform the parents and students of the 
  4.8   right.  Data released to military recruiting officers under this 
  4.9   subdivision: 
  4.10     (1) may be used only for the purpose of providing 
  4.11  information to students about military service, state and 
  4.12  federal veterans' education benefits, and other career and 
  4.13  educational opportunities provided by the military; and 
  4.14     (2) shall not be further disseminated to any other person 
  4.15  except personnel of the recruiting services of the armed forces. 
  4.16     Sec. 6.  [13.3215] [EDVEST DATA.] 
  4.17     Account owner data, account data, and data on beneficiaries 
  4.18  of accounts established under the Edvest savings program are 
  4.19  classified as private data on individuals as defined in section 
  4.20  13.02, except that the names and addresses of the beneficiaries 
  4.21  of accounts that receive grants are public. 
  4.22     Sec. 7.  [13.5515] [HUMAN RIGHTS INTAKE FILE DATA.] 
  4.23     All data in intake files that identify potential charging 
  4.24  parties, potential respondents, and witnesses are classified as 
  4.25  confidential data on individuals and protected nonpublic data.  
  4.26     Sec. 8.  Minnesota Statutes 2000, section 13.59, is amended 
  4.27  to read: 
  4.28     13.59 [HOUSING AND REDEVELOPMENT DATA.] 
  4.29     Subdivision 1.  [PRIVATE SURVEY DATA.] The following data 
  4.30  collected in surveys of individuals conducted by cities and 
  4.31  housing and redevelopment authorities for the purposes of 
  4.32  planning, development, and redevelopment, are classified as 
  4.33  private data pursuant to section 13.02, subdivision 12:  the 
  4.34  names and addresses of individuals and the legal descriptions of 
  4.35  property owned by individuals.  
  4.36     Subd. 2.  [NONPUBLIC SURVEY DATA.] The following data 
  5.1   collected in surveys of businesses conducted by cities and 
  5.2   housing and redevelopment authorities, for the purposes of 
  5.3   planning, development, and redevelopment, are classified as 
  5.4   nonpublic data pursuant to section 13.02, subdivision 9:  the 
  5.5   names, addresses, and legal descriptions of business properties 
  5.6   and the commercial use of the property to the extent disclosure 
  5.7   of the use would identify a particular business. 
  5.8      Subd. 3.  [FINANCIAL ASSISTANCE DATA.] (a) The following 
  5.9   data that are submitted to a housing and redevelopment authority 
  5.10  by persons who are requesting financial assistance are private 
  5.11  data on individuals or nonpublic data: 
  5.12     (1) financial statements; 
  5.13     (2) credit reports; 
  5.14     (3) business plans; 
  5.15     (4) income and expense projections; 
  5.16     (5) customer lists; 
  5.17     (6) balance sheets; 
  5.18     (7) income tax returns; and 
  5.19     (8) design, market, and feasibility studies not paid for 
  5.20  with public funds. 
  5.21     (b) Data submitted to the authority under paragraph (a) 
  5.22  become public data if the authority provides financial 
  5.23  assistance to the person, except that the following data remain 
  5.24  private or nonpublic: 
  5.25     (1) business plans; 
  5.26     (2) income and expense projections not related to the 
  5.27  financial assistance provided; 
  5.28     (3) customer lists; 
  5.29     (4) income tax returns; and 
  5.30     (5) design, market, and feasibility studies not paid for 
  5.31  with public funds. 
  5.32     Subd. 4.  [DEFINITION.] For purposes of this section, 
  5.33  "housing and redevelopment authority" has the meaning given in 
  5.34  section 469.002, subdivision 2, and includes a government entity 
  5.35  exercising powers under sections 469.001 to 469.047. 
  5.36     Sec. 9.  [13.591] [BUSINESS DATA.] 
  6.1      Subdivision 1.  [NOT PUBLIC DATA WHEN BENEFIT 
  6.2   REQUESTED.] The following data, that are submitted to a 
  6.3   government entity by a business requesting financial assistance 
  6.4   or a benefit financed by public funds, are private or nonpublic 
  6.5   data:  the identity of the business and financial information 
  6.6   about the business including, credit reports; financial 
  6.7   statements; net worth calculations; business plans; income and 
  6.8   expense projections; customer lists; income tax returns; and 
  6.9   design, market, and feasibility studies not paid for with public 
  6.10  funds. 
  6.11     Subd. 2.  [PUBLIC DATA WHEN BENEFIT RECEIVED.] Data 
  6.12  submitted to a government entity under subdivision 1 become 
  6.13  public when public financial assistance is provided or the 
  6.14  business receives a benefit from the government entity, except 
  6.15  that the following data remain private or nonpublic:  business 
  6.16  plans; income and expense projections not related to the 
  6.17  financial assistance provided; customer lists; income tax 
  6.18  returns; and design, market, and feasibility studies not paid 
  6.19  for with public funds. 
  6.20     Subd. 3.  [BUSINESS AS VENDOR.] (a) Data submitted by a 
  6.21  business to a government entity in response to a request for 
  6.22  bids as defined in section 16C.02, subdivision 11, are private 
  6.23  or nonpublic until the bids are opened.  Once the bids are 
  6.24  opened, the name of the bidder and the dollar amount specified 
  6.25  in the response are read and become public.  All other data in a 
  6.26  bidder's response to a bid are private or nonpublic data until 
  6.27  completion of the selection process.  For purposes of this 
  6.28  section, "completion of the selection process" means that the 
  6.29  government entity has completed its evaluation and has ranked 
  6.30  the responses.  After a government entity has completed the 
  6.31  selection process, all remaining data submitted by all bidders 
  6.32  are public with the exception of trade secret data as defined 
  6.33  and classified in section 13.37.  A statement by a bidder that 
  6.34  submitted data are copyrighted or otherwise protected does not 
  6.35  prevent public access to the data contained in the bid. 
  6.36     If all responses to a request for bids are rejected prior 
  7.1   to completion of the selection process, all data, other than 
  7.2   that made public at the bid opening, remain private or nonpublic 
  7.3   until a resolicitation of bids results in completion of the 
  7.4   selection process or a determination is made to abandon the 
  7.5   purchase.  If the rejection occurs after the completion of the 
  7.6   selection process, the data remain public.  If a resolicitation 
  7.7   of bids does not occur within one year of the bid opening date, 
  7.8   the remaining data become public. 
  7.9      (b) Data submitted by a business to a government entity in 
  7.10  response to a request for proposal, as defined in section 
  7.11  16C.02, subdivision 12, are private or nonpublic until the 
  7.12  responses are opened.  Once the responses are opened, the name 
  7.13  of the responder is read and becomes public.  All other data in 
  7.14  a responder's response to a request for proposal are private or 
  7.15  nonpublic data until completion of the evaluation process.  For 
  7.16  purposes of this section, "completion of the evaluation process" 
  7.17  means that the government entity has completed negotiating the 
  7.18  contract with the selected vendor.  After a government entity 
  7.19  has completed the evaluation process, all remaining data 
  7.20  submitted by all responders are public with the exception of 
  7.21  trade secret data as defined and classified in section 13.37.  A 
  7.22  statement by a responder that submitted data are copyrighted or 
  7.23  otherwise protected does not prevent public access to the data 
  7.24  contained in the response. 
  7.25     If all responses to a request for proposal are rejected 
  7.26  prior to completion of the evaluation process, all data, other 
  7.27  than that made public at the response opening, remain private or 
  7.28  nonpublic until a resolicitation of the requests for proposal 
  7.29  results in completion of the evaluation process or a 
  7.30  determination is made to abandon the purchase.  If the rejection 
  7.31  occurs after the completion of the evaluation process, the data 
  7.32  remain public.  If a resolicitation of proposals does not occur 
  7.33  within one year of the proposal opening date, the remaining data 
  7.34  become public.  
  7.35     Sec. 10.  Minnesota Statutes 2000, section 13.594, is 
  7.36  amended to read: 
  8.1      13.594 [ECONOMIC ASSISTANCE DATA.] 
  8.2      The following data collected by cities or counties in their 
  8.3   administration of the city or county economic development 
  8.4   assistance program are classified as nonpublic data: 
  8.5      (1) application data, except company names, addresses, and 
  8.6   other data that identify the applicant, until the application is 
  8.7   approved by the city or county; 
  8.8      (2) application data, except company names, addresses, and 
  8.9   other data that identify the applicant, that pertain to 
  8.10  companies whose applications have been disapproved; 
  8.11     (3) attachments to applications including but, not limited 
  8.12  to, business and personal financial records, until the 
  8.13  application is approved; 
  8.14     (4) income tax returns, either personal or corporate, that 
  8.15  are filed by applicants; and 
  8.16     (5) correspondence between the program administrators and 
  8.17  the applicant until the application has been approved or 
  8.18  disapproved. 
  8.19     Sec. 11.  Minnesota Statutes 2000, section 13.719, is 
  8.20  amended by adding a subdivision to read: 
  8.21     Subd. 6.  [AUTOMOBILE INSURANCE.] (a) [GROUP SELF-INSURANCE 
  8.22  DATA.] Financial data relating to nonpublic companies that are 
  8.23  submitted to the commissioner of commerce for the purpose of 
  8.24  obtaining approval to self-insure liability for automobile 
  8.25  coverage as a group are classified as nonpublic data. 
  8.26     (b) [SELF-INSURANCE; PLAN ADMINISTRATOR DATA.] Financial 
  8.27  documents, including income statements, balance sheets, 
  8.28  statements of change in financial positions, and supporting 
  8.29  financial information submitted by nonpublic companies seeking 
  8.30  to self-insure their automobile liability or to be licensed as 
  8.31  self-insurance plan administrators are classified as nonpublic 
  8.32  data. 
  8.33     Sec. 12.  Minnesota Statutes 2000, section 138.17, 
  8.34  subdivision 7, is amended to read: 
  8.35     Subd. 7.  [RECORDS MANAGEMENT PROGRAM.] A records 
  8.36  management program for the application of efficient and 
  9.1   economical management methods to the creation, utilization, 
  9.2   maintenance, retention, preservation, and disposal of official 
  9.3   records shall be administered by the commissioner of 
  9.4   administration with assistance from the director of the 
  9.5   historical society.  The state records center which stores and 
  9.6   services state records not in state archives shall be 
  9.7   administered by the commissioner of administration.  The 
  9.8   commissioner of administration is empowered to (1) establish 
  9.9   standards, procedures, and techniques for effective management 
  9.10  of government records, (2) make continuing surveys of paper work 
  9.11  operations, and (3) recommend improvements in current records 
  9.12  management practices including the use of space, equipment, and 
  9.13  supplies employed in creating, maintaining, preserving and 
  9.14  disposing of government records.  It shall be the duty of the 
  9.15  head of each state agency and the governing body of each county, 
  9.16  municipality, and other subdivision of government to cooperate 
  9.17  with the commissioner in conducting surveys and to establish and 
  9.18  maintain an active, continuing program for the economical and 
  9.19  efficient management of the records of each agency, county, 
  9.20  municipality, or other subdivision of government.  When 
  9.21  requested by the commissioner, public officials shall assist in 
  9.22  the preparation of an inclusive inventory of records in their 
  9.23  custody, to which shall be attached a schedule, approved by the 
  9.24  head of the governmental unit or agency having custody of the 
  9.25  records and the commissioner, establishing a time period for the 
  9.26  retention or disposal of each series of records.  When the 
  9.27  schedule is unanimously approved by the records disposition 
  9.28  panel, the head of the governmental unit or agency having 
  9.29  custody of the records may dispose of the type of records listed 
  9.30  in the schedule at a time and in a manner prescribed in the 
  9.31  schedule for particular records which were created after the 
  9.32  approval.  A list of records disposed of pursuant to this 
  9.33  subdivision shall be forwarded to the commissioner and the 
  9.34  archivist maintained by the head of the governmental unit or 
  9.35  agency.  The archivist shall maintain a list of all records 
  9.36  destroyed. 
 10.1      Sec. 13.  Minnesota Statutes 2000, section 182.659, 
 10.2   subdivision 8, is amended to read: 
 10.3      Subd. 8.  Neither the commissioner nor any employee of the 
 10.4   department, including those employees of the department of 
 10.5   health providing services to the department of labor and 
 10.6   industry, pursuant to section 182.67, subdivision 1, is subject 
 10.7   to subpoena for purposes of inquiry into any occupational safety 
 10.8   and health inspection except in enforcement proceedings brought 
 10.9   under this chapter.  All written information, documentation and 
 10.10  reports gathered or prepared by the department pursuant to an 
 10.11  occupational safety and health inspection are public information 
 10.12  once the departmental inspection file is closed.  Data that 
 10.13  identify individuals who provide data to the department as part 
 10.14  of an investigation conducted under this chapter shall be 
 10.15  private. 
 10.16     Sec. 14.  [611A.46] [CLASSIFICATION OF DATA.] 
 10.17     (a) Personal history information and other information 
 10.18  collected, used, and maintained by a Minnesota center for crime 
 10.19  victim services grantee from which the identity and location of 
 10.20  any crime victim may be determined are private data on 
 10.21  individuals as defined in section 13.02, subdivision 12, and the 
 10.22  grantee shall maintain the data in accordance with the 
 10.23  provisions of chapter 13. 
 10.24     (b) Personal history data and other information collected, 
 10.25  used, and maintained by the Minnesota center for crime victim 
 10.26  services from which the identity and location of any victim may 
 10.27  be determined are private data on individuals as defined in 
 10.28  section 13.02, subdivision 12. 
 10.29     (c) Internal auditing data shall be classified as provided 
 10.30  by section 13.392. 
 10.31     Sec. 15.  Laws 1997, First Special Session chapter 3, 
 10.32  section 27, as amended by Laws 1999, chapter 243, article 5, 
 10.33  section 45, is amended to read: 
 10.34     Sec. 27.  [TAXPAYER'S PERSONAL INFORMATION; DISCLOSURE.] 
 10.35     (a) An owner of property in Washington or Ramsey county 
 10.36  that is subject to property taxation must be informed in a clear 
 11.1   and conspicuous manner in writing on a form sent to property 
 11.2   taxpayers that the property owner's name, address, and other 
 11.3   information may be used, rented, or sold for business purposes, 
 11.4   including surveys, marketing, and solicitation. 
 11.5      (b) If the property owner so requests on the form provided, 
 11.6   then any such list generated by the county and sold for business 
 11.7   purposes must exclude the owner's name and address if the 
 11.8   business purpose is conducting surveys, marketing, or 
 11.9   solicitation. 
 11.10     (c) This section expires August 1, 2001 2003. 
 11.11     Sec. 16.  [REPORT OF DATA LAWS.] 
 11.12     The responsible authority of each state agency shall 
 11.13  prepare a list that identifies all data classification 
 11.14  provisions relating to business that are within the jurisdiction 
 11.15  of the agency, or that the agency has been given the statutory 
 11.16  authority to ensure compliance with or enforce.  The agency 
 11.17  shall submit this list to the commissioner of administration no 
 11.18  later than September 1, 2001. 
 11.19     Sec. 17.  [REPEALER.] 
 11.20     Minnesota Statutes 2000, sections 13.081; 13.592; 13.5921; 
 11.21  13.5922; 13.593; 13.594; 13.5951; 13.5952; 13.5953; 13.596; 
 11.22  13.5965; 13.643, subdivision 4; and 16C.06, subdivision 3, are 
 11.23  repealed. 
 11.24     Sec. 18.  [EFFECTIVE DATE.] 
 11.25     Section 5 is effective the day following final enactment.