1.1 A bill for an act
1.2 relating to government data practices; classifying and
1.3 defining certain government data; providing for access
1.4 to, use and maintenance of certain government data;
1.5 clarifying effect of advisory opinions; modifying
1.6 records management requirements; removing sunset on
1.7 law governing access to juvenile records for gang
1.8 investigations; extending authority for law governing
1.9 property taxpayer data; requiring a report; abolishing
1.10 certain administrative remedies; amending Minnesota
1.11 Statutes 2000, sections 13.02, subdivision 11; 13.072,
1.12 subdivision 2; 13.08, subdivision 4; 13.32, by adding
1.13 a subdivision; 13.322, subdivision 3; 13.59; 13.719,
1.14 by adding a subdivision; 136A.243, by adding a
1.15 subdivision; 138.17, subdivision 7; 182.659,
1.16 subdivision 8; 260B.171, subdivision 1; 299C.095,
1.17 subdivision 1; 299C.13; 299C.61, by adding a
1.18 subdivision; 611A.19; Laws 1997, First Special Session
1.19 chapter 3, section 27, as amended; proposing coding
1.20 for new law in Minnesota Statutes, chapters 13; 611A;
1.21 repealing Minnesota Statutes 2000, sections 13.081;
1.22 13.592; 13.5921; 13.5922; 13.593; 13.594; 13.5951;
1.23 13.5952; 13.5953; 13.596; 13.5965; 13.643, subdivision
1.24 4; 16C.06, subdivision 3.
1.25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.26 Section 1. Minnesota Statutes 2000, section 13.02,
1.27 subdivision 11, is amended to read:
1.28 Subd. 11. [POLITICAL SUBDIVISION.] "Political subdivision"
1.29 means any county, statutory or home rule charter city, school
1.30 district, special district, any town exercising powers under
1.31 chapter 368 and located in the metropolitan area, as defined in
1.32 section 473.121, subdivision 2, and any board, commission,
1.33 district or authority created pursuant to law, local ordinance
1.34 or charter provision. It includes any nonprofit corporation
1.35 which is a community action agency organized pursuant to the
2.1 Economic Opportunity Act of 1964 (Public Law Number 88-452) as
2.2 amended, to qualify for public funds, or any nonprofit social
2.3 service agency which performs services under contract to any
2.4 political subdivision, statewide system or state agency, to the
2.5 extent that the nonprofit social service agency or nonprofit
2.6 corporation collects, stores, disseminates, and uses data on
2.7 individuals because of a contractual relationship with state
2.8 agencies, political subdivisions or statewide systems.
2.9 Sec. 2. Minnesota Statutes 2000, section 13.072,
2.10 subdivision 2, is amended to read:
2.11 Subd. 2. [EFFECT.] Opinions issued by the commissioner
2.12 under this section are not binding on the state agency,
2.13 statewide system, or political subdivision whose data is the
2.14 subject of the opinion, but must be given deference by a court
2.15 in a proceeding involving the data. The commissioner shall
2.16 arrange for public dissemination of opinions issued under this
2.17 section. This section does not preclude a person from bringing
2.18 any other action under this chapter or other law in addition to
2.19 or instead of requesting a written opinion. A state agency,
2.20 statewide system, political subdivision, government entity or
2.21 person that acts in conformity with a written opinion of the
2.22 commissioner issued to the government entity or person or to
2.23 another party is not liable for compensatory or exemplary
2.24 damages or awards of attorneys fees in actions under section
2.25 13.08 or for a penalty under section 13.09.
2.26 Sec. 3. Minnesota Statutes 2000, section 13.08,
2.27 subdivision 4, is amended to read:
2.28 Subd. 4. [ACTION TO COMPEL COMPLIANCE.] (a) In addition to
2.29 the remedies provided in subdivisions 1 to 3 or any other law,
2.30 any aggrieved person seeking to enforce the person's rights
2.31 under this chapter or obtain access to data may bring an action
2.32 in district court to compel compliance with this chapter and may
2.33 recover costs and disbursements, including reasonable attorney's
2.34 fees, as determined by the court. If the court determines that
2.35 an action brought under this subdivision is frivolous and
2.36 without merit and a basis in fact, it may award reasonable costs
3.1 and attorney fees to the responsible authority. If the court
3.2 issues an order to compel compliance under this subdivision, the
3.3 court may impose a civil penalty of up to $300 against the
3.4 government entity. This penalty is payable to the state general
3.5 fund and is in addition to damages under subdivision 1. The
3.6 matter shall be heard as soon as possible. In an action
3.7 involving a request for government data under section 13.03 or
3.8 13.04, the court may inspect in camera the government data in
3.9 dispute, but shall conduct its hearing in public and in a manner
3.10 that protects the security of data classified as not public. If
3.11 the court issues an order to compel compliance under this
3.12 subdivision, the court shall forward a copy of the order to the
3.13 commissioner of administration.
3.14 (b) In determining whether to assess a civil penalty under
3.15 this subdivision, the court shall consider whether the
3.16 government entity has substantially complied with general data
3.17 practices under this chapter, including but not limited to,
3.18 whether the government entity has:
3.19 (1) designated a responsible authority under section 13.02,
3.20 subdivision 16;
3.21 (2) designated a data practices compliance official under
3.22 section 13.05, subdivision 13;
3.23 (3) prepared the public document that names the responsible
3.24 authority and describes the records and data on individuals that
3.25 are maintained by the government entity under section 13.05,
3.26 subdivision 1;
3.27 (4) developed public access procedures under section 13.03,
3.28 subdivision 2; procedures to guarantee the rights of data
3.29 subjects under section 13.05, subdivision 8; and procedures to
3.30 ensure that data on individuals are accurate and complete and to
3.31 safeguard the data's security under section 13.05, subdivision
3.32 5;
3.33 (5) sought an oral, written, or electronic opinion from the
3.34 commissioner of administration related to the matter at issue
3.35 and acted in conformity with that opinion or acted in conformity
3.36 with an opinion issued under section 13.072 that was sought by
4.1 another person; or
4.2 (6) provided ongoing training to government entity
4.3 personnel who respond to requests under this chapter.
4.4 Sec. 4. Minnesota Statutes 2000, section 13.32, is amended
4.5 by adding a subdivision to read:
4.6 Subd. 5a. [MILITARY RECRUITMENT.] A secondary institution
4.7 shall release to military recruiting officers the names,
4.8 addresses, and home telephone numbers of students in grades 11
4.9 and 12 within 60 days after the date of the request, except as
4.10 otherwise provided by this subdivision. A secondary institution
4.11 shall give parents and students notice of the right to refuse
4.12 release of this data to military recruiting officers. Notice
4.13 may be given by any means reasonably likely to inform the
4.14 parents and students of the right. Data released to military
4.15 recruiting officers under this subdivision:
4.16 (1) may be used only for the purpose of providing
4.17 information to students about military service, state and
4.18 federal veterans' education benefits, and other career and
4.19 educational opportunities provided by the military; and
4.20 (2) shall not be further disseminated to any other person
4.21 except personnel of the recruiting services of the armed forces.
4.22 Sec. 5. Minnesota Statutes 2000, section 13.322,
4.23 subdivision 3, is amended to read:
4.24 Subd. 3. [HIGHER EDUCATION SERVICES OFFICE.] (a)
4.25 [GENERAL.] Data sharing involving the higher education services
4.26 office and other institutions is governed by section 136A.05.
4.27 (b) [STUDENT FINANCIAL AID.] Data collected and used by the
4.28 higher education services office on applicants for financial
4.29 assistance are classified under section 136A.162.
4.30 (c) [MINNESOTA COLLEGE SAVINGS PLAN DATA.] Account owner
4.31 data, account data, and data on beneficiaries of accounts under
4.32 the Minnesota college savings plan are classified under section
4.33 136A.243, subdivision 10.
4.34 (d) [SCHOOL FINANCIAL RECORDS.] Financial records submitted
4.35 by schools registering with the higher education services office
4.36 are classified under section 136A.64.
5.1 Sec. 6. Minnesota Statutes 2000, section 13.59, is amended
5.2 to read:
5.3 13.59 [HOUSING AND REDEVELOPMENT DATA.]
5.4 Subdivision 1. [PRIVATE SURVEY DATA.] The following data
5.5 collected in surveys of individuals conducted by cities and
5.6 housing and redevelopment authorities for the purposes of
5.7 planning, development, and redevelopment, are classified as
5.8 private data pursuant to section 13.02, subdivision 12: the
5.9 names and addresses of individuals and the legal descriptions of
5.10 property owned by individuals.
5.11 Subd. 2. [NONPUBLIC SURVEY DATA.] The following data
5.12 collected in surveys of businesses conducted by cities and
5.13 housing and redevelopment authorities, for the purposes of
5.14 planning, development, and redevelopment, are classified as
5.15 nonpublic data pursuant to section 13.02, subdivision 9: the
5.16 names, addresses, and legal descriptions of business properties
5.17 and the commercial use of the property to the extent disclosure
5.18 of the use would identify a particular business.
5.19 Subd. 3. [FINANCIAL ASSISTANCE DATA.] (a) The following
5.20 data that are submitted to a housing and redevelopment authority
5.21 by persons who are requesting financial assistance are private
5.22 data on individuals or nonpublic data:
5.23 (1) financial statements;
5.24 (2) credit reports;
5.25 (3) business plans;
5.26 (4) income and expense projections;
5.27 (5) customer lists;
5.28 (6) balance sheets;
5.29 (7) income tax returns; and
5.30 (8) design, market, and feasibility studies not paid for
5.31 with public funds.
5.32 (b) Data submitted to the authority under paragraph (a)
5.33 become public data if the authority provides financial
5.34 assistance to the person, except that the following data remain
5.35 private or nonpublic:
5.36 (1) business plans;
6.1 (2) income and expense projections not related to the
6.2 financial assistance provided;
6.3 (3) customer lists;
6.4 (4) income tax returns; and
6.5 (5) design, market, and feasibility studies not paid for
6.6 with public funds.
6.7 Subd. 4. [DEFINITION.] For purposes of this section,
6.8 "housing and redevelopment authority" has the meaning given in
6.9 section 469.002, subdivision 2, and includes a government entity
6.10 exercising powers under sections 469.001 to 469.047.
6.11 Sec. 7. [13.591] [BUSINESS DATA.]
6.12 Subdivision 1. [NOT PUBLIC DATA WHEN BENEFIT
6.13 REQUESTED.] The following data, that are submitted to a
6.14 government entity by a business requesting financial assistance
6.15 or a benefit financed by public funds, are private or nonpublic
6.16 data: financial information about the business including,
6.17 credit reports; financial statements; net worth calculations;
6.18 business plans; income and expense projections; balance sheets;
6.19 customer lists; income tax returns; and design, market, and
6.20 feasibility studies not paid for with public funds.
6.21 Subd. 2. [PUBLIC DATA WHEN BENEFIT RECEIVED.] Data
6.22 submitted to a government entity under subdivision 1 become
6.23 public when public financial assistance is provided or the
6.24 business receives a benefit from the government entity, except
6.25 that the following data remain private or nonpublic: business
6.26 plans; income and expense projections not related to the
6.27 financial assistance provided; customer lists; income tax
6.28 returns; and design, market, and feasibility studies not paid
6.29 for with public funds.
6.30 Subd. 3. [BUSINESS AS VENDOR.] (a) Data submitted by a
6.31 business to a government entity in response to a request for
6.32 bids as defined in section 16C.02, subdivision 11, are private
6.33 or nonpublic until the bids are opened. Once the bids are
6.34 opened, the name of the bidder and the dollar amount specified
6.35 in the response are read and become public. All other data in a
6.36 bidder's response to a bid are private or nonpublic data until
7.1 completion of the selection process. For purposes of this
7.2 section, "completion of the selection process" means that the
7.3 government entity has completed its evaluation and has ranked
7.4 the responses. After a government entity has completed the
7.5 selection process, all remaining data submitted by all bidders
7.6 are public with the exception of trade secret data as defined
7.7 and classified in section 13.37. A statement by a bidder that
7.8 submitted data are copyrighted or otherwise protected does not
7.9 prevent public access to the data contained in the bid.
7.10 If all responses to a request for bids are rejected prior
7.11 to completion of the selection process, all data, other than
7.12 that made public at the bid opening, remain private or nonpublic
7.13 until a resolicitation of bids results in completion of the
7.14 selection process or a determination is made to abandon the
7.15 purchase. If the rejection occurs after the completion of the
7.16 selection process, the data remain public. If a resolicitation
7.17 of bids does not occur within one year of the bid opening date,
7.18 the remaining data become public.
7.19 (b) Data submitted by a business to a government entity in
7.20 response to a request for proposal, as defined in section
7.21 16C.02, subdivision 12, are private or nonpublic until the
7.22 responses are opened. Once the responses are opened, the name
7.23 of the responder is read and becomes public. All other data in
7.24 a responder's response to a request for proposal are private or
7.25 nonpublic data until completion of the evaluation process. For
7.26 purposes of this section, "completion of the evaluation process"
7.27 means that the government entity has completed negotiating the
7.28 contract with the selected vendor. After a government entity
7.29 has completed the evaluation process, all remaining data
7.30 submitted by all responders are public with the exception of
7.31 trade secret data as defined and classified in section 13.37. A
7.32 statement by a responder that submitted data are copyrighted or
7.33 otherwise protected does not prevent public access to the data
7.34 contained in the response.
7.35 If all responses to a request for proposal are rejected
7.36 prior to completion of the evaluation process, all data, other
8.1 than that made public at the response opening, remain private or
8.2 nonpublic until a resolicitation of the requests for proposal
8.3 results in completion of the evaluation process or a
8.4 determination is made to abandon the purchase. If the rejection
8.5 occurs after the completion of the evaluation process, the data
8.6 remain public. If a resolicitation of proposals does not occur
8.7 within one year of the proposal opening date, the remaining data
8.8 become public.
8.9 Sec. 8. Minnesota Statutes 2000, section 13.719, is
8.10 amended by adding a subdivision to read:
8.11 Subd. 6. [AUTOMOBILE INSURANCE.] (a) [GROUP SELF-INSURANCE
8.12 DATA.] Financial data relating to nonpublic companies that are
8.13 submitted to the commissioner of commerce for the purpose of
8.14 obtaining approval to self-insure liability for automobile
8.15 coverage as a group are classified as nonpublic data.
8.16 (b) [SELF-INSURANCE; PLAN ADMINISTRATOR DATA.] Financial
8.17 documents, including income statements, balance sheets,
8.18 statements of change in financial positions, and supporting
8.19 financial information submitted by nonpublic companies seeking
8.20 to self-insure their automobile liability or to be licensed as
8.21 self-insurance plan administrators are classified as nonpublic
8.22 data.
8.23 Sec. 9. Minnesota Statutes 2000, section 136A.243, is
8.24 amended by adding a subdivision to read:
8.25 Subd. 10. [DATA.] Account owner data, account data, and
8.26 data on beneficiaries of accounts are private data on
8.27 individuals as defined in section 13.02, except that the names
8.28 and addresses of the beneficiaries of accounts that receive
8.29 grants are public.
8.30 Sec. 10. Minnesota Statutes 2000, section 138.17,
8.31 subdivision 7, is amended to read:
8.32 Subd. 7. [RECORDS MANAGEMENT PROGRAM.] A records
8.33 management program for the application of efficient and
8.34 economical management methods to the creation, utilization,
8.35 maintenance, retention, preservation, and disposal of official
8.36 records shall be administered by the commissioner of
9.1 administration with assistance from the director of the
9.2 historical society. The state records center which stores and
9.3 services state records not in state archives shall be
9.4 administered by the commissioner of administration. The
9.5 commissioner of administration is empowered to (1) establish
9.6 standards, procedures, and techniques for effective management
9.7 of government records, (2) make continuing surveys of paper work
9.8 operations, and (3) recommend improvements in current records
9.9 management practices including the use of space, equipment, and
9.10 supplies employed in creating, maintaining, preserving and
9.11 disposing of government records. It shall be the duty of the
9.12 head of each state agency and the governing body of each county,
9.13 municipality, and other subdivision of government to cooperate
9.14 with the commissioner in conducting surveys and to establish and
9.15 maintain an active, continuing program for the economical and
9.16 efficient management of the records of each agency, county,
9.17 municipality, or other subdivision of government. When
9.18 requested by the commissioner, public officials shall assist in
9.19 the preparation of an inclusive inventory of records in their
9.20 custody, to which shall be attached a schedule, approved by the
9.21 head of the governmental unit or agency having custody of the
9.22 records and the commissioner, establishing a time period for the
9.23 retention or disposal of each series of records. When the
9.24 schedule is unanimously approved by the records disposition
9.25 panel, the head of the governmental unit or agency having
9.26 custody of the records may dispose of the type of records listed
9.27 in the schedule at a time and in a manner prescribed in the
9.28 schedule for particular records which were created after the
9.29 approval. A list of records disposed of pursuant to this
9.30 subdivision shall be forwarded to the commissioner and the
9.31 archivist maintained by the head of the governmental unit or
9.32 agency. The archivist shall maintain a list of all records
9.33 destroyed.
9.34 Sec. 11. Minnesota Statutes 2000, section 182.659,
9.35 subdivision 8, is amended to read:
9.36 Subd. 8. Neither the commissioner nor any employee of the
10.1 department, including those employees of the department of
10.2 health providing services to the department of labor and
10.3 industry, pursuant to section 182.67, subdivision 1, is subject
10.4 to subpoena for purposes of inquiry into any occupational safety
10.5 and health inspection except in enforcement proceedings brought
10.6 under this chapter. All written information, documentation and
10.7 reports gathered or prepared by the department pursuant to an
10.8 occupational safety and health inspection are public information
10.9 once the departmental inspection file is closed. Data that
10.10 identify individuals who provide data to the department as part
10.11 of an investigation conducted under this chapter shall be
10.12 private.
10.13 Sec. 12. Minnesota Statutes 2000, section 260B.171,
10.14 subdivision 1, is amended to read:
10.15 Subdivision 1. [RECORDS REQUIRED TO BE KEPT.] (a) The
10.16 juvenile court judge shall keep such minutes and in such manner
10.17 as the court deems necessary and proper. Except as provided in
10.18 paragraph (b), the court shall keep and maintain records
10.19 pertaining to delinquent adjudications until the person reaches
10.20 the age of 28 years and shall release the records on an
10.21 individual to another juvenile court that has jurisdiction of
10.22 the juvenile, to a requesting adult court for purposes of
10.23 sentencing, or to an adult court or juvenile court as required
10.24 by the right of confrontation of either the United States
10.25 Constitution or the Minnesota Constitution. The juvenile court
10.26 shall provide, upon the request of any other juvenile court,
10.27 copies of the records concerning adjudications involving the
10.28 particular child. The court also may provide copies of records
10.29 concerning delinquency adjudications, on request, to law
10.30 enforcement agencies, probation officers, and corrections agents
10.31 if the court finds that providing these records serves public
10.32 safety or is in the best interests of the child. Until July 1,
10.33 2001, Juvenile court delinquency proceeding records of
10.34 adjudications, court transcripts, and delinquency petitions,
10.35 including any probable cause attachments that have been filed or
10.36 police officer reports relating to a petition, must be released
11.1 to requesting law enforcement agencies and prosecuting
11.2 authorities for purposes of investigating and prosecuting
11.3 violations of section 609.229, provided that psychological or
11.4 mental health reports may not be included with those records.
11.5 The agency receiving the records may release the records only as
11.6 permitted under this section or authorized by law.
11.7 The court shall also keep an index in which files
11.8 pertaining to juvenile matters shall be indexed under the name
11.9 of the child. After the name of each file shall be shown the
11.10 file number and, if ordered by the court, the book and page of
11.11 the register in which the documents pertaining to such file are
11.12 listed. The court shall also keep a register properly indexed
11.13 in which shall be listed under the name of the child all
11.14 documents filed pertaining to the child and in the order filed.
11.15 The list shall show the name of the document and the date of
11.16 filing thereof. The juvenile court legal records shall be
11.17 deposited in files and shall include the petition, summons,
11.18 notice, findings, orders, decrees, judgments, and motions and
11.19 such other matters as the court deems necessary and proper.
11.20 Unless otherwise provided by law, all court records shall be
11.21 open at all reasonable times to the inspection of any child to
11.22 whom the records relate, and to the child's parent and guardian.
11.23 (b) The court shall retain records of the court finding
11.24 that a juvenile committed an act that would be a felony- or
11.25 gross misdemeanor level offense until the offender reaches the
11.26 age of 28. If the offender commits a felony as an adult, or the
11.27 court convicts a child as an extended jurisdiction juvenile, the
11.28 court shall retain the juvenile records for as long as the
11.29 records would have been retained if the offender had been an
11.30 adult at the time of the juvenile offense. This paragraph does
11.31 not apply unless the juvenile was provided counsel as required
11.32 by section 260B.163, subdivision 2.
11.33 Sec. 13. Minnesota Statutes 2000, section 299C.095,
11.34 subdivision 1, is amended to read:
11.35 Subdivision 1. [ACCESS TO DATA ON JUVENILES.] (a) The
11.36 bureau shall administer and maintain the computerized juvenile
12.1 history record system based on sections 260B.171 and 260C.171
12.2 and other statutes requiring the reporting of data on
12.3 juveniles. The data in the system are private data as defined
12.4 in section 13.02, subdivision 12, but are accessible to criminal
12.5 justice agencies as defined in section 13.02, subdivision 3a, to
12.6 all trial courts and appellate courts, to a person who has
12.7 access to the juvenile court records as provided in sections
12.8 260B.171 and 260C.171 or under court rule, to public defenders
12.9 as provided in section 611.272, and to criminal justice agencies
12.10 in other states in the conduct of their official duties.
12.11 (b) Except for access authorized under paragraph (a), the
12.12 bureau shall only disseminate a juvenile adjudication history
12.13 record in connection with a background check required by statute
12.14 or rule and performed on a licensee, license applicant, or
12.15 employment applicant or performed under section 299C.62 or
12.16 624.713. If the background check is performed under section
12.17 299C.62, juvenile adjudication history disseminated under this
12.18 paragraph is limited to offenses that would constitute a
12.19 background check crime as defined in section 299C.61,
12.20 subdivision 2. A consent for release of information from an
12.21 individual who is the subject of a juvenile adjudication history
12.22 is not effective and the bureau shall not release a juvenile
12.23 adjudication history record and shall not release information in
12.24 a manner that reveals the existence of the record.
12.25 Sec. 14. Minnesota Statutes 2000, section 299C.13, is
12.26 amended to read:
12.27 299C.13 [INFORMATION FURNISHED TO PEACE OFFICER.]
12.28 Upon receipt of information data as to any arrested person,
12.29 the bureau shall immediately ascertain whether the person
12.30 arrested has a criminal record or is a fugitive from justice,
12.31 and shall at once inform the arresting officer of the facts
12.32 ascertained, including references to any juvenile or adult court
12.33 disposition data that are not in the criminal history system.
12.34 Upon application by any sheriff, chief of police, or other peace
12.35 officer in the state, or by an officer of the United States or
12.36 by an officer of another state, territory, or government duly
13.1 authorized to receive the same and effecting reciprocal
13.2 interchange of similar information with the division, it shall
13.3 be the duty of the bureau to furnish all information in its
13.4 possession pertaining to the identification of any person. If
13.5 the bureau has a sealed record on the arrested person, it shall
13.6 notify the requesting peace officer of that fact and of the
13.7 right to seek a court order to open the record for purposes of
13.8 law enforcement. A criminal justice agency shall be notified,
13.9 upon request, of the existence and contents of a sealed record
13.10 containing conviction information about an applicant for
13.11 employment. For purposes of this section a "criminal justice
13.12 agency" means courts or a government agency that performs the
13.13 administration of criminal justice under statutory authority.
13.14 Sec. 15. Minnesota Statutes 2000, section 299C.61, is
13.15 amended by adding a subdivision to read:
13.16 Subd. 8a. [CONVICTION.] "Conviction" means a criminal
13.17 conviction or an adjudication of delinquency for an offense that
13.18 would be a crime if committed by an adult.
13.19 Sec. 16. Minnesota Statutes 2000, section 611A.19, is
13.20 amended to read:
13.21 611A.19 [TESTING OF SEX OFFENDER FOR HUMAN IMMUNODEFICIENCY
13.22 VIRUS.]
13.23 Subdivision 1. [TESTING ON REQUEST OF VICTIM.] (a) Upon
13.24 the request or with the consent of the victim, the prosecutor
13.25 shall make a motion in camera and the sentencing court shall
13.26 issue an order requiring an adult convicted of or a juvenile
13.27 adjudicated delinquent for violating section 609.342 (criminal
13.28 sexual conduct in the first degree), 609.343 (criminal sexual
13.29 conduct in the second degree), 609.344 (criminal sexual conduct
13.30 in the third degree), 609.345 (criminal sexual conduct in the
13.31 fourth degree), or any other violent crime, as defined in
13.32 section 609.1095, to submit to testing to determine the presence
13.33 of human immunodeficiency virus (HIV) antibody if:
13.34 (1) the crime involved sexual penetration, however slight,
13.35 as defined in section 609.341, subdivision 12; or
13.36 (2) evidence exists that the broken skin or mucous membrane
14.1 of the victim was exposed to or had contact with the offender's
14.2 semen or blood during the commission of the crime in a manner
14.3 which has been demonstrated epidemiologically to transmit the
14.4 human immunodeficiency virus (HIV).
14.5 (b) When the court orders an offender to submit to testing
14.6 under paragraph (a), the court shall order that the test be
14.7 performed by an appropriate health professional who is trained
14.8 to provide the counseling described in section 144.7414, and
14.9 that no reference to the test, the motion requesting the test,
14.10 the test order, or the test results may appear in the criminal
14.11 record or be maintained in any record of the court or court
14.12 services, except in the medical record maintained by the
14.13 department of corrections.
14.14 Subd. 2. [DISCLOSURE OF TEST RESULTS.] The date and
14.15 results of a test performed under subdivision 1 are private data
14.16 as defined in section 13.02, subdivision 12, when maintained by
14.17 a person subject to chapter 13, or may be released only with the
14.18 subject's consent, if maintained by a person not subject to
14.19 chapter 13. The results are available, on request, to the
14.20 victim or, if the victim is a minor, to the victim's parent or
14.21 guardian and positive test results shall be reported to the
14.22 commissioner of health. Any test results given to a victim or
14.23 victim's parent or guardian shall be provided by a health
14.24 professional who is trained to provide the counseling described
14.25 in section 144.7414. Data regarding administration and results
14.26 of the test are not accessible to any other person for any
14.27 purpose and shall not be maintained in any record of the court
14.28 or court services or any other record. After the test results
14.29 are given to the victim or the victim's parent or guardian, data
14.30 on the test must be removed from any medical data or health
14.31 records maintained under section 13.384 or 144.335 and
14.32 destroyed, except for those medical records maintained by the
14.33 department of corrections.
14.34 Sec. 17. [611A.46] [CLASSIFICATION OF DATA.]
14.35 (a) Personal history information and other information
14.36 collected, used, and maintained by a Minnesota center for crime
15.1 victim services grantee from which the identity and location of
15.2 any crime victim may be determined are private data on
15.3 individuals as defined in section 13.02, subdivision 12, and the
15.4 grantee shall maintain the data in accordance with the
15.5 provisions of chapter 13.
15.6 (b) Personal history data and other information collected,
15.7 used, and maintained by the Minnesota center for crime victim
15.8 services from which the identity and location of any victim may
15.9 be determined are private data on individuals as defined in
15.10 section 13.02, subdivision 12.
15.11 (c) Internal auditing data shall be classified as provided
15.12 by section 13.392.
15.13 Sec. 18. Laws 1997, First Special Session chapter 3,
15.14 section 27, as amended by Laws 1999, chapter 243, article 5,
15.15 section 45, is amended to read:
15.16 Sec. 27. [TAXPAYER'S PERSONAL INFORMATION; DISCLOSURE.]
15.17 (a) An owner of property in Washington or Ramsey county
15.18 that is subject to property taxation must be informed in a clear
15.19 and conspicuous manner in writing on a form sent to property
15.20 taxpayers that the property owner's name, address, and other
15.21 information may be used, rented, or sold for business purposes,
15.22 including surveys, marketing, and solicitation.
15.23 (b) If the property owner so requests on the form provided,
15.24 then any such list generated by the county and sold for business
15.25 purposes must exclude the owner's name and address if the
15.26 business purpose is conducting surveys, marketing, or
15.27 solicitation.
15.28 (c) This section expires August 1, 2001 2003.
15.29 Sec. 19. [NONCUSTODIAL PARENT PROGRAM.]
15.30 Notwithstanding Minnesota Statutes, section 13.46, until
15.31 August 1, 2002, the public authority responsible for child
15.32 support enforcement and an agency administering the noncustodial
15.33 parent employment and support services program under contract
15.34 with the department of human services in Hennepin county may
15.35 exchange data on current and former program participants for
15.36 purposes of evaluating the program. Any private agency
16.1 administering the program must agree to be bound by Minnesota
16.2 Statutes, chapter 13.
16.3 Sec. 20. [REPORT OF DATA LAWS.]
16.4 The responsible authority of each state agency shall
16.5 prepare a list that identifies all data classification
16.6 provisions relating to business that are within the jurisdiction
16.7 of the agency, or that the agency has been given the statutory
16.8 authority to ensure compliance with or enforce. The agency
16.9 shall submit this list to the commissioner of administration no
16.10 later than November 1, 2001.
16.11 Sec. 21. [REPEALER.]
16.12 Minnesota Statutes 2000, sections 13.081; 13.592; 13.5921;
16.13 13.5922; 13.593; 13.594; 13.5951; 13.5952; 13.5953; 13.596;
16.14 13.5965; 13.643, subdivision 4; and 16C.06, subdivision 3, are
16.15 repealed.
16.16 Sec. 22. [EFFECTIVE DATE.]
16.17 Sections 5 and 9 are effective the day following final
16.18 enactment.