1.1 A bill for an act
1.2 relating to data practices; providing for the
1.3 collection and dissemination of data; proposing and
1.4 modifying classifications of data; providing for
1.5 sharing and release of certain not public data;
1.6 requiring release of mental health records to law
1.7 enforcement in certain emergency situations; amending
1.8 Minnesota Statutes 2002, sections 13.03, by adding a
1.9 subdivision; 13.3806, by adding a subdivision; 13.43,
1.10 subdivision 2, by adding a subdivision; 13.44, by
1.11 adding a subdivision; 13.46, subdivisions 1, 7;
1.12 13.461, by adding a subdivision; 13.47, subdivision 4;
1.13 13.51, subdivision 2, by adding a subdivision; 13.598,
1.14 as amended; 13.7931, by adding a subdivision; 13.82,
1.15 subdivision 5; 13.871, by adding a subdivision;
1.16 13D.05, subdivision 3; 38.04; 45.027, subdivision 7a;
1.17 60A.03, subdivision 9; 60A.031, subdivision 4;
1.18 119B.02, subdivision 6; 144.2215; 144.335, subdivision
1.19 3a; 270B.01, subdivision 8; 270B.12, subdivision 9;
1.20 270B.14, subdivision 2; 629.341, subdivision 4;
1.21 Minnesota Statutes 2003 Supplement, sections 13.46,
1.22 subdivision 2; 268.19, subdivisions 1, 2; 270B.12,
1.23 subdivision 13; Laws 2002, chapter 266, section 1;
1.24 proposing coding for new law in Minnesota Statutes,
1.25 chapters 13; 84; 144; repealing Minnesota Statutes
1.26 2002, sections 13.319, subdivision 7; 13.475.
1.27 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.28 Section 1. Minnesota Statutes 2002, section 13.03, is
1.29 amended by adding a subdivision to read:
1.30 Subd. 12. [PLEADINGS.] Pleadings, as defined by court
1.31 rule, served by or on a government entity, are public data to
1.32 the same extent that the data would be public if filed with the
1.33 court.
1.34 Sec. 2. [13.203] [SERVICE COOPERATIVE CLAIMS DATA.]
1.35 Claims experience and all related information received from
1.36 carriers and claims administrators participating in a group
2.1 health or dental plan, including any long-term disability plan,
2.2 offered through the Minnesota service cooperatives to Minnesota
2.3 school districts and other political subdivisions, and survey
2.4 information collected from employees and employers participating
2.5 in these plans and programs, except when the executive director
2.6 of a Minnesota service cooperative determines that release of
2.7 the data will not be detrimental to the plan or program, are
2.8 classified as nonpublic data not on individuals.
2.9 Sec. 3. Minnesota Statutes 2002, section 13.3806, is
2.10 amended by adding a subdivision to read:
2.11 Subd. 4a. [BIRTH DEFECTS INFORMATION SYSTEM.] Information
2.12 collected for the birth defects information system is governed
2.13 by section 144.2217.
2.14 [EFFECTIVE DATE.] This section is effective upon receipt of
2.15 a federal grant to establish a birth defects information system.
2.16 Sec. 4. Minnesota Statutes 2002, section 13.43,
2.17 subdivision 2, is amended to read:
2.18 Subd. 2. [PUBLIC DATA.] (a) Except for employees described
2.19 in subdivision 5 and subject to the limitations in subdivision
2.20 5a, the following personnel data on current and former
2.21 employees, volunteers, and independent contractors of a state
2.22 agency, statewide system, or political subdivision and members
2.23 of advisory boards or commissions is public:
2.24 (1) name; employee identification number, which must not be
2.25 the employee's Social Security number; actual gross salary;
2.26 salary range; contract fees; actual gross pension; the value and
2.27 nature of employer paid fringe benefits; and the basis for and
2.28 the amount of any added remuneration, including expense
2.29 reimbursement, in addition to salary;
2.30 (2) job title and bargaining unit; job description;
2.31 education and training background; and previous work experience;
2.32 (3) date of first and last employment;
2.33 (4) the existence and status of any complaints or charges
2.34 against the employee, regardless of whether the complaint or
2.35 charge resulted in a disciplinary action;
2.36 (5) the final disposition of any disciplinary action
3.1 together with the specific reasons for the action and data
3.2 documenting the basis of the action, excluding data that would
3.3 identify confidential sources who are employees of the public
3.4 body;
3.5 (6) the terms of any agreement settling any dispute arising
3.6 out of an employment relationship, including a buyout agreement
3.7 as defined in section 123B.143, subdivision 2, paragraph (a);
3.8 except that the agreement must include specific reasons for the
3.9 agreement if it involves the payment of more than $10,000 of
3.10 public money;
3.11 (7) work location; a work telephone number; badge number;
3.12 and honors and awards received; and
3.13 (8) payroll time sheets or other comparable data that are
3.14 only used to account for employee's work time for payroll
3.15 purposes, except to the extent that release of time sheet data
3.16 would reveal the employee's reasons for the use of sick or other
3.17 medical leave or other not public data; and city and county of
3.18 residence.
3.19 (b) For purposes of this subdivision, a final disposition
3.20 occurs when the state agency, statewide system, or political
3.21 subdivision makes its final decision about the disciplinary
3.22 action, regardless of the possibility of any later proceedings
3.23 or court proceedings. In the case of arbitration proceedings
3.24 arising under collective bargaining agreements, a final
3.25 disposition occurs at the conclusion of the arbitration
3.26 proceedings, or upon the failure of the employee to elect
3.27 arbitration within the time provided by the collective
3.28 bargaining agreement. Final disposition includes a resignation
3.29 by an individual when the resignation occurs after the final
3.30 decision of the state agency, statewide system, political
3.31 subdivision, or arbitrator.
3.32 (c) The state agency, statewide system, or political
3.33 subdivision may display a photograph of a current or former
3.34 employee to a prospective witness as part of the state agency's,
3.35 statewide system's, or political subdivision's investigation of
3.36 any complaint or charge against the employee.
4.1 (d) A complainant has access to a statement provided by the
4.2 complainant to a state agency, statewide system, or political
4.3 subdivision in connection with a complaint or charge against an
4.4 employee.
4.5 (e) Notwithstanding paragraph (a), clause (5), upon
4.6 completion of an investigation of a complaint or charge against
4.7 a public official, or if a public official resigns or is
4.8 terminated from employment while the complaint or charge is
4.9 pending, all data relating to the complaint or charge are
4.10 public, unless access to the data would jeopardize an active
4.11 investigation or reveal confidential sources. For purposes of
4.12 this paragraph, "public official" means:
4.13 (1) the head of a state agency and deputy and assistant
4.14 state agency heads;
4.15 (2) members of boards or commissions required by law to be
4.16 appointed by the governor or other elective officers; and
4.17 (3) executive or administrative heads of departments,
4.18 bureaus, divisions, or institutions.
4.19 Sec. 5. Minnesota Statutes 2002, section 13.43, is amended
4.20 by adding a subdivision to read:
4.21 Subd. 5a. [LIMITATION ON DISCLOSURE OF CERTAIN PERSONNEL
4.22 DATA.] Notwithstanding any other provision of this section, the
4.23 following data relating to employees of a secure treatment
4.24 facility defined in section 253B.02, subdivision 18a, employees
4.25 of a state correctional facility, or employees of the Department
4.26 of Corrections directly involved in supervision of offenders in
4.27 the community, shall not be disclosed to facility patients,
4.28 corrections inmates, or other individuals who facility or
4.29 correction administrators reasonably believe will use the
4.30 information to harass, intimidate, or assault any of these
4.31 employees: place where previous education or training occurred;
4.32 place of prior employment; and payroll timesheets or other
4.33 comparable data, to the extent that disclosure of payroll
4.34 timesheets or other comparable data may disclose future work
4.35 assignments, home address or telephone number, the location of
4.36 an employee during nonwork hours, or the location of an
5.1 employee's immediate family members.
5.2 Sec. 6. Minnesota Statutes 2002, section 13.44, is amended
5.3 by adding a subdivision to read:
5.4 Subd. 4. [PERSONAL AND INTANGIBLE PROPERTY; APPRAISAL
5.5 DATA.] Preliminary and final market value appraisals, which are
5.6 made by personnel of a city or county or by an independent
5.7 appraiser acting on behalf of a city or county, of personal and
5.8 intangible property owned by the city or county, are classified
5.9 as nonpublic data not on individuals until either (1) a purchase
5.10 agreement is entered into; or (2) the parties negotiating the
5.11 transaction exchange appraisals.
5.12 Sec. 7. Minnesota Statutes 2002, section 13.46,
5.13 subdivision 1, is amended to read:
5.14 Subdivision 1. [DEFINITIONS.] As used in this section:
5.15 (a) "Individual" means an individual according to section
5.16 13.02, subdivision 8, but does not include a vendor of services.
5.17 (b) "Program" includes all programs for which authority is
5.18 vested in a component of the welfare system according to statute
5.19 or federal law, including, but not limited to, the aid to
5.20 families with dependent children program formerly codified in
5.21 sections 256.72 to 256.87, Minnesota family investment program,
5.22 temporary assistance for needy families program, medical
5.23 assistance, general assistance, general assistance medical care,
5.24 child care assistance program, and child support collections.
5.25 (c) "Welfare system" includes the Department of Human
5.26 Services, local social services agencies, county welfare
5.27 agencies, private licensing agencies, the public authority
5.28 responsible for child support enforcement, human services
5.29 boards, community mental health center boards, state hospitals,
5.30 state nursing homes, the ombudsman for mental health and mental
5.31 retardation, and persons, agencies, institutions, organizations,
5.32 and other entities under contract to any of the above agencies
5.33 to the extent specified in the contract.
5.34 (d) "Mental health data" means data on individual clients
5.35 and patients of community mental health centers, established
5.36 under section 245.62, mental health divisions of counties and
6.1 other providers under contract to deliver mental health
6.2 services, or the ombudsman for mental health and mental
6.3 retardation.
6.4 (e) "Fugitive felon" means a person who has been convicted
6.5 of a felony and who has escaped from confinement or violated the
6.6 terms of probation or parole for that offense.
6.7 (f) "Private licensing agency" means an agency licensed by
6.8 the commissioner of human services under chapter 245A to perform
6.9 the duties under section 245A.16.
6.10 Sec. 8. Minnesota Statutes 2003 Supplement, section 13.46,
6.11 subdivision 2, is amended to read:
6.12 Subd. 2. [GENERAL.] (a) Unless the data is summary data or
6.13 a statute specifically provides a different classification, data
6.14 on individuals collected, maintained, used, or disseminated by
6.15 the welfare system is private data on individuals, and shall not
6.16 be disclosed except:
6.17 (1) according to section 13.05;
6.18 (2) according to court order;
6.19 (3) according to a statute specifically authorizing access
6.20 to the private data;
6.21 (4) to an agent of the welfare system, including a law
6.22 enforcement person, attorney, or investigator acting for it in
6.23 the investigation or prosecution of a criminal or civil
6.24 proceeding relating to the administration of a program;
6.25 (5) to personnel of the welfare system who require the data
6.26 to verify an individual's identity; determine eligibility,
6.27 amount of assistance, and the need to provide services of
6.28 additional programs to the an individual or family across
6.29 programs; evaluate the effectiveness of programs; and
6.30 investigate suspected fraud;
6.31 (6) to administer federal funds or programs;
6.32 (7) between personnel of the welfare system working in the
6.33 same program;
6.34 (8) the amounts of cash public assistance and relief paid
6.35 to welfare recipients in this state, including to the Department
6.36 of Revenue to administer and evaluate tax refund or tax credit
7.1 programs and to identify individuals who may benefit from these
7.2 programs. The following information may be disclosed under this
7.3 paragraph: an individual's and their dependent's names, dates
7.4 of birth, Social Security numbers, income, addresses, and other
7.5 data as required, upon request by the Department of Revenue to
7.6 administer the property tax refund law, supplemental housing
7.7 allowance, early refund of refundable tax credits, and the
7.8 income tax. "Refundable tax credits" means Disclosures by the
7.9 commissioner of human services for the purposes described in
7.10 this clause are governed by section 270B.14, subdivision 1. Tax
7.11 refund or tax credit programs include, but are not limited to,
7.12 the dependent care credit under section 290.067, the Minnesota
7.13 working family credit under section 290.0671, the property tax
7.14 refund and rental credit under section 290A.04, and, if the
7.15 required federal waiver or waivers are granted, the federal
7.16 earned income tax credit under section 32 of the Internal
7.17 Revenue Code the Minnesota education credit under section
7.18 290.0674;
7.19 (9) between the Department of Human Services, the
7.20 Department of Education, and the Department of Employment and
7.21 Economic Security Development for the purpose of monitoring the
7.22 eligibility of the data subject for unemployment benefits, for
7.23 any employment or training program administered, supervised, or
7.24 certified by that agency, for the purpose of administering any
7.25 rehabilitation program or child care assistance program, whether
7.26 alone or in conjunction with the welfare system, or to monitor
7.27 and evaluate the Minnesota family investment program by
7.28 exchanging data on recipients and former recipients of food
7.29 support, cash assistance under chapter 256, 256D, 256J, or 256K,
7.30 child care assistance under chapter 119B, or medical programs
7.31 under chapter 256B, 256D, or 256L;
7.32 (10) to appropriate parties in connection with an emergency
7.33 if knowledge of the information is necessary to protect the
7.34 health or safety of the individual or other individuals or
7.35 persons;
7.36 (11) data maintained by residential programs as defined in
8.1 section 245A.02 may be disclosed to the protection and advocacy
8.2 system established in this state according to Part C of Public
8.3 Law 98-527 to protect the legal and human rights of persons with
8.4 mental retardation or other related conditions who live in
8.5 residential facilities for these persons if the protection and
8.6 advocacy system receives a complaint by or on behalf of that
8.7 person and the person does not have a legal guardian or the
8.8 state or a designee of the state is the legal guardian of the
8.9 person;
8.10 (12) to the county medical examiner or the county coroner
8.11 for identifying or locating relatives or friends of a deceased
8.12 person;
8.13 (13) data on a child support obligor who makes payments to
8.14 the public agency may be disclosed to the Higher Education
8.15 Services Office to the extent necessary to determine eligibility
8.16 under section 136A.121, subdivision 2, clause (5);
8.17 (14) participant Social Security numbers and names
8.18 collected by the telephone assistance program may be disclosed
8.19 to the Department of Revenue to conduct an electronic data match
8.20 with the property tax refund database to determine eligibility
8.21 under section 237.70, subdivision 4a;
8.22 (15) the current address of a Minnesota family investment
8.23 program participant may be disclosed to law enforcement officers
8.24 who provide the name of the participant and notify the agency
8.25 that:
8.26 (i) the participant:
8.27 (A) is a fugitive felon fleeing to avoid prosecution, or
8.28 custody or confinement after conviction, for a crime or attempt
8.29 to commit a crime that is a felony under the laws of the
8.30 jurisdiction from which the individual is fleeing; or
8.31 (B) is violating a condition of probation or parole imposed
8.32 under state or federal law;
8.33 (ii) the location or apprehension of the felon is within
8.34 the law enforcement officer's official duties; and
8.35 (iii) the request is made in writing and in the proper
8.36 exercise of those duties;
9.1 (16) the current address of a recipient of general
9.2 assistance or general assistance medical care may be disclosed
9.3 to probation officers and corrections agents who are supervising
9.4 the recipient and to law enforcement officers who are
9.5 investigating the recipient in connection with a felony level
9.6 offense;
9.7 (17) information obtained from food support applicant or
9.8 recipient households may be disclosed to local, state, or
9.9 federal law enforcement officials, upon their written request,
9.10 for the purpose of investigating an alleged violation of the
9.11 Food Stamp Act, according to Code of Federal Regulations, title
9.12 7, section 272.1(c);
9.13 (18) the address, Social Security number, and, if
9.14 available, photograph of any member of a household receiving
9.15 food support shall be made available, on request, to a local,
9.16 state, or federal law enforcement officer if the officer
9.17 furnishes the agency with the name of the member and notifies
9.18 the agency that:
9.19 (i) the member:
9.20 (A) is fleeing to avoid prosecution, or custody or
9.21 confinement after conviction, for a crime or attempt to commit a
9.22 crime that is a felony in the jurisdiction the member is
9.23 fleeing;
9.24 (B) is violating a condition of probation or parole imposed
9.25 under state or federal law; or
9.26 (C) has information that is necessary for the officer to
9.27 conduct an official duty related to conduct described in subitem
9.28 (A) or (B);
9.29 (ii) locating or apprehending the member is within the
9.30 officer's official duties; and
9.31 (iii) the request is made in writing and in the proper
9.32 exercise of the officer's official duty;
9.33 (19) the current address of a recipient of Minnesota family
9.34 investment program, general assistance, general assistance
9.35 medical care, or food support may be disclosed to law
9.36 enforcement officers who, in writing, provide the name of the
10.1 recipient and notify the agency that the recipient is a person
10.2 required to register under section 243.166, but is not residing
10.3 at the address at which the recipient is registered under
10.4 section 243.166;
10.5 (20) certain information regarding child support obligors
10.6 who are in arrears may be made public according to section
10.7 518.575;
10.8 (21) data on child support payments made by a child support
10.9 obligor and data on the distribution of those payments excluding
10.10 identifying information on obligees may be disclosed to all
10.11 obligees to whom the obligor owes support, and data on the
10.12 enforcement actions undertaken by the public authority, the
10.13 status of those actions, and data on the income of the obligor
10.14 or obligee may be disclosed to the other party;
10.15 (22) data in the work reporting system may be disclosed
10.16 under section 256.998, subdivision 7;
10.17 (23) to the Department of Education for the purpose of
10.18 matching Department of Education student data with public
10.19 assistance data to determine students eligible for free and
10.20 reduced price meals, meal supplements, and free milk according
10.21 to United States Code, title 42, sections 1758, 1761, 1766,
10.22 1766a, 1772, and 1773; to allocate federal and state funds that
10.23 are distributed based on income of the student's family; and to
10.24 verify receipt of energy assistance for the telephone assistance
10.25 plan;
10.26 (24) the current address and telephone number of program
10.27 recipients and emergency contacts may be released to the
10.28 commissioner of health or a local board of health as defined in
10.29 section 145A.02, subdivision 2, when the commissioner or local
10.30 board of health has reason to believe that a program recipient
10.31 is a disease case, carrier, suspect case, or at risk of illness,
10.32 and the data are necessary to locate the person;
10.33 (25) to other state agencies, statewide systems, and
10.34 political subdivisions of this state, including the attorney
10.35 general, and agencies of other states, interstate information
10.36 networks, federal agencies, and other entities as required by
11.1 federal regulation or law for the administration of the child
11.2 support enforcement program;
11.3 (26) to personnel of public assistance programs as defined
11.4 in section 256.741, for access to the child support system
11.5 database for the purpose of administration, including monitoring
11.6 and evaluation of those public assistance programs;
11.7 (27) to monitor and evaluate the Minnesota family
11.8 investment program by exchanging data between the Departments of
11.9 Human Services and Education, on recipients and former
11.10 recipients of food support, cash assistance under chapter 256,
11.11 256D, 256J, or 256K, child care assistance under chapter 119B,
11.12 or medical programs under chapter 256B, 256D, or 256L;
11.13 (28) to evaluate child support program performance and to
11.14 identify and prevent fraud in the child support program by
11.15 exchanging data between the Department of Human Services,
11.16 Department of Revenue under section 270B.14, subdivision 1,
11.17 paragraphs (a) and (b), without regard to the limitation of use
11.18 in paragraph (c), Department of Health, Department of Economic
11.19 Security, and other state agencies as is reasonably necessary to
11.20 perform these functions; or
11.21 (29) counties operating child care assistance programs
11.22 under chapter 119B may disseminate data on program participants,
11.23 applicants, and providers to the commissioner of education.
11.24 (b) Information on persons who have been treated for drug
11.25 or alcohol abuse may only be disclosed according to the
11.26 requirements of Code of Federal Regulations, title 42, sections
11.27 2.1 to 2.67.
11.28 (c) Data provided to law enforcement agencies under
11.29 paragraph (a), clause (15), (16), (17), or (18), or paragraph
11.30 (b), are investigative data and are confidential or protected
11.31 nonpublic while the investigation is active. The data are
11.32 private after the investigation becomes inactive under section
11.33 13.82, subdivision 5, paragraph (a) or (b).
11.34 (d) Mental health data shall be treated as provided in
11.35 subdivisions 7, 8, and 9, but is not subject to the access
11.36 provisions of subdivision 10, paragraph (b).
12.1 For the purposes of this subdivision, a request will be
12.2 deemed to be made in writing if made through a computer
12.3 interface system.
12.4 Sec. 9. Minnesota Statutes 2002, section 13.46,
12.5 subdivision 7, is amended to read:
12.6 Subd. 7. [MENTAL HEALTH CENTER DATA.] (a) Mental health
12.7 data are private data on individuals and shall not be disclosed,
12.8 except:
12.9 (1) pursuant to section 13.05, as determined by the
12.10 responsible authority for the community mental health center,
12.11 mental health division, or provider;
12.12 (2) pursuant to court order;
12.13 (3) pursuant to a statute specifically authorizing access
12.14 to or disclosure of mental health data or as otherwise provided
12.15 by this subdivision; or
12.16 (4) with the consent of the client or patient.
12.17 (b) An agency of the welfare system may not require an
12.18 individual to consent to the release of mental health data as a
12.19 condition for receiving services or for reimbursing a community
12.20 mental health center, mental health division of a county, or
12.21 provider under contract to deliver mental health services.
12.22 (c) Notwithstanding section 245.69, subdivision 2,
12.23 paragraph (f), or any other law to the contrary, the responsible
12.24 authority for a community mental health center, mental health
12.25 division of a county, or a mental health provider must disclose
12.26 mental health data to a law enforcement agency if the law
12.27 enforcement agency provides the name of a client or patient and
12.28 communicates that the:
12.29 (1) client or patient is currently involved in an emergency
12.30 interaction with the law enforcement agency; and
12.31 (2) data is necessary to protect the health or safety of
12.32 the client or patient or of another person.
12.33 The scope of disclosure under this paragraph is limited to
12.34 the minimum necessary for law enforcement to respond to the
12.35 emergency. Disclosure under this paragraph may include, but is
12.36 not limited to, the name and telephone number of the
13.1 psychiatrist, psychologist, therapist, mental health
13.2 professional, practitioner, or case manager of the client or
13.3 patient. A law enforcement agency that obtains mental health
13.4 data under this paragraph shall maintain a record of the
13.5 requestor, the provider of the information, and the client or
13.6 patient name. Mental health data obtained by a law enforcement
13.7 agency under this paragraph are private data on individuals and
13.8 must not be used by the law enforcement agency for any other
13.9 purpose. A law enforcement agency that obtains mental health
13.10 data under this paragraph shall inform the subject of the data
13.11 that mental health data was obtained.
13.12 (d) In the event of a request under paragraph (a), clause
13.13 (4), a community mental health center, county mental health
13.14 division, or provider must release mental health data to
13.15 Criminal Mental Health Court personnel in advance of receiving a
13.16 copy of a consent if the Criminal Mental Health Court personnel
13.17 communicate that the:
13.18 (1) client or patient is a defendant in a criminal case
13.19 pending in the district court;
13.20 (2) data being requested is limited to information that is
13.21 necessary to assess whether the defendant is eligible for
13.22 participation in the Criminal Mental Health Court; and
13.23 (3) client or patient has consented to the release of the
13.24 mental health data and a copy of the consent will be provided to
13.25 the community mental health center, county mental health
13.26 division, or provider within 72 hours of the release of the data.
13.27 For purposes of this paragraph, "Criminal Mental Health
13.28 Court" refers to a specialty criminal calendar of the Hennepin
13.29 County District Court for defendants with mental illness and
13.30 brain injury where a primary goal of the calendar is to assess
13.31 the treatment needs of the defendants and to incorporate those
13.32 treatment needs into voluntary case disposition plans. The data
13.33 released pursuant to this paragraph may be used for the sole
13.34 purpose of determining whether the person is eligible for
13.35 participation in mental health court. This paragraph does not
13.36 in any way limit or otherwise extend the rights of the court to
14.1 obtain the release of mental health data pursuant to court order
14.2 or any other means allowed by law.
14.3 Sec. 10. Minnesota Statutes 2002, section 13.461, is
14.4 amended by adding a subdivision to read:
14.5 Subd. 28. [CHILD CARE ASSISTANCE PROGRAM.] Data collected,
14.6 maintained, used, or disseminated by the welfare system
14.7 pertaining to persons selected as legal nonlicensed child care
14.8 providers by families receiving child care assistance are
14.9 classified under section 119B.02, subdivision 6.
14.10 Sec. 11. Minnesota Statutes 2002, section 13.47,
14.11 subdivision 4, is amended to read:
14.12 Subd. 4. [DATA PREPARATION.] To produce data required to
14.13 certify the eligibility of training service providers under
14.14 section 268.0122, subdivision 3, clause (7), the Workforce
14.15 Investment Act of 1998, United States Code, title 29, section
14.16 2801, or other studies required by law, the commissioner of
14.17 economic security, in consultation with the governor's Workforce
14.18 Development Council, employment and economic development may:
14.19 (1) enter into a data exchange agreement with a training
14.20 service provider whereby the commissioner of economic
14.21 security employment and economic development shall furnish to
14.22 the provider wage information under section 268.044 on
14.23 individuals who have received training services from the
14.24 provider. The provider shall use this wage information to
14.25 prepare summary data determined necessary by the commissioner in
14.26 consultation with the governor's Workforce Development Council.
14.27 The provider may use this wage information for conducting
14.28 studies to improve instruction; or
14.29 (2) if there is no agreement under clause (1), require the
14.30 training service provider to furnish employment and training
14.31 data determined necessary by the commissioner in consultation
14.32 with the governor's Workforce Development Council.
14.33 Sec. 12. Minnesota Statutes 2002, section 13.51,
14.34 subdivision 2, is amended to read:
14.35 Subd. 2. [INCOME PROPERTY ASSESSMENT DATA.] The following
14.36 data collected by political subdivisions from individuals or
15.1 business entities concerning income properties are classified as
15.2 private or nonpublic data pursuant to section 13.02,
15.3 subdivisions 9 and 12:
15.4 (a) detailed income and expense figures for the current
15.5 year plus the previous three years;
15.6 (b) average vacancy factors for the previous three years;
15.7 (c) verified net rentable areas or net usable areas,
15.8 whichever is appropriate;
15.9 (d) anticipated income and expenses for the current year;
15.10 (e) projected vacancy factor for the current year factors;
15.11 and
15.12 (f) lease information.
15.13 Sec. 13. Minnesota Statutes 2002, section 13.51, is
15.14 amended by adding a subdivision to read:
15.15 Subd. 4. [REQUEST FOR LEGAL DISCOVERY OF INCOME PROPERTY
15.16 ASSESSMENT DATA.] Upon request by a party to a responsible
15.17 authority or designee for legal discovery of income property
15.18 assessment data, as defined in subdivision 2, the requesting
15.19 party shall notify the owner of record of the property.
15.20 Sec. 14. Minnesota Statutes 2002, section 13.598, as
15.21 amended by Laws 2003, chapter 128, article 13, section 40, and
15.22 Laws 2003, First Special Session chapter 4, section 1, is
15.23 amended to read:
15.24 13.598 [EMPLOYMENT AND ECONOMIC DEVELOPMENT DATA CODED
15.25 ELSEWHERE.]
15.26 Subdivision 1. [SCOPE.] The sections referred to in
15.27 subdivisions 2 2a to 6 12 are codified outside this chapter and
15.28 include classification of employment and economic development
15.29 data as other than public, place restrictions on access to
15.30 government data, or involve data sharing.
15.31 Subd. 2a. [COMMISSIONER OF EMPLOYMENT AND ECONOMIC
15.32 DEVELOPMENT.] Data maintained by the commissioner of employment
15.33 and economic development are classified under sections 268.19
15.34 and 469.154, subdivision 2.
15.35 Subd. 3. [MINNESOTA TECHNOLOGY, INC.] Data on a tape of a
15.36 closed board meeting of Minnesota Technology, Inc. are
16.1 classified under section 116O.03, subdivision 6. Certain data
16.2 disclosed to the board or employees of Minnesota Technology,
16.3 Inc. are classified under section 116O.03, subdivision 7.
16.4 Subd. 4. [AIRCRAFT FACILITIES.] Specified data about an
16.5 airline submitted in connection with state financing of certain
16.6 aircraft maintenance facilities are classified under section
16.7 116R.02, subdivision 3.
16.8 Subd. 5. [MINNESOTA BUSINESS FINANCE, INC.] Various data
16.9 held by Minnesota Business Finance, Inc. are classified under
16.10 section 116S.02, subdivision 8.
16.11 Subd. 6. [LOCAL ECONOMIC DEVELOPMENT DATA.] (a) [
16.12 PRELIMINARY INFORMATION.] Access to preliminary information
16.13 submitted to the commissioner of employment and economic
16.14 development under sections 469.142 to 469.151 or sections
16.15 469.152 to 469.165 is limited under section 469.154, subdivision
16.16 2.
16.17 (b) [ENTERPRISE ZONES.] Data sharing between the
16.18 commissioner of revenue and the commissioner of employment and
16.19 economic development or a municipality receiving an enterprise
16.20 zone designation is governed by section 469.173, subdivision 5.
16.21 (c) [TAX INCENTIVES.] Disclosure of data by the Department
16.22 of Revenue to determine eligibility for tax incentives available
16.23 under section 272.0212, 469.1732, or 469.1734, is governed by
16.24 section 469.1733, subdivision 1.
16.25 Subd. 7. [PROGRAM DATA.] Program data collected on
16.26 individuals are classified by section 268.0122, subdivision 7.
16.27 Subd. 8. [UNEMPLOYMENT INSURANCE HEARINGS.] Disclosure of
16.28 unemployment insurance hearing data is governed by section
16.29 268.105, subdivision 5.
16.30 Subd. 9. [MINNESOTA YOUTH PROGRAM.] Data on individuals
16.31 under the Minnesota Youth program are classified under section
16.32 268.561, subdivision 7.
16.33 Subd. 10. [EMPLOYMENT AND TRAINING PROGRAMS; DATA
16.34 SHARING.] Data sharing of employment and training program data
16.35 between the commissioner of employment and economic development,
16.36 the commissioner of human services, state agency personnel, and
17.1 other users of the inventory, referral and intake system, is
17.2 governed by section 268.86, subdivision 10.
17.3 Subd. 11. [VOCATIONAL REHABILITATION DATA.] Disclosure of
17.4 data obtained by the Department of Employment and Economic
17.5 Development regarding the vocational rehabilitation of an
17.6 injured or disabled employee is governed by section 268A.05.
17.7 Subd. 12. [EMPLOYER DATA.] The department may disseminate
17.8 an employer's name, address, industry code, and the number of
17.9 employees by ranges of not less than 100 for the purpose of
17.10 assisting individuals using the Minnesota Workforce Center
17.11 system in obtaining employment.
17.12 Sec. 15. Minnesota Statutes 2002, section 13.7931, is
17.13 amended by adding a subdivision to read:
17.14 Subd. 1a. [SPECIFIC LOCATION DATA.] Specific location data
17.15 are classified under section 84.0872.
17.16 Sec. 16. Minnesota Statutes 2002, section 13.82,
17.17 subdivision 5, is amended to read:
17.18 Subd. 5. [DOMESTIC ABUSE DATA.] The written police report
17.19 required by section 629.341, subdivision 4, of an alleged
17.20 incident described in section 629.341, subdivision 1, and arrest
17.21 data, request for service data, and response or incident data
17.22 described in subdivision 2, 3, or 6 that arise out of this type
17.23 of incident or out of an alleged violation of an order for
17.24 protection must be released upon request at no cost to the
17.25 victim of domestic abuse, the victim's attorney, or an
17.26 organization designated by the Minnesota Center for Crime
17.27 Victims Services, the Department of Corrections, or the
17.28 Department of Public Safety as providing services to victims of
17.29 domestic abuse. The executive director or the commissioner of
17.30 the appropriate state agency shall develop written criteria for
17.31 this designation in consultation with the Advisory Council on
17.32 Battered Women and Domestic Abuse.
17.33 [EFFECTIVE DATE.] This section is effective the day
17.34 following final enactment.
17.35 Sec. 17. Minnesota Statutes 2002, section 13.871, is
17.36 amended by adding a subdivision to read:
18.1 Subd. 1a. [MENTAL HEALTH DATA RECEIVED BY LAW
18.2 ENFORCEMENT.] Certain mental health data received by law
18.3 enforcement from health care providers is classified under
18.4 section 144.335, subdivision 3a.
18.5 Sec. 18. Minnesota Statutes 2002, section 13D.05,
18.6 subdivision 3, is amended to read:
18.7 Subd. 3. [WHAT MEETINGS MAY BE CLOSED.] (a) A public body
18.8 may close a meeting to evaluate the performance of an individual
18.9 who is subject to its authority. The public body shall identify
18.10 the individual to be evaluated prior to closing a meeting. At
18.11 its next open meeting, the public body shall summarize its
18.12 conclusions regarding the evaluation. A meeting must be open at
18.13 the request of the individual who is the subject of the meeting.
18.14 (b) Meetings may be closed if the closure is expressly
18.15 authorized by statute or permitted by the attorney-client
18.16 privilege.
18.17 (c) Meetings may be closed to receive security briefings
18.18 and reports, to discuss issues related to security systems, to
18.19 discuss emergency response procedures and to discuss security
18.20 deficiencies in or recommendations regarding public services,
18.21 infrastructure and facilities, if disclosure of the information
18.22 discussed would pose a danger to public safety or compromise
18.23 security procedures or responses. Financial issues related to
18.24 security matters must be discussed and all related financial
18.25 decisions must be made at an open meeting. Before closing a
18.26 meeting under this paragraph, the public body, in describing the
18.27 subject to be discussed, must refer to the facilities, systems,
18.28 procedures, services, or infrastructures to be considered during
18.29 the closed meeting. A closed meeting must be tape recorded at
18.30 the expense of the governing body, and the recording must be
18.31 preserved for at least four years.
18.32 [EFFECTIVE DATE.] This section is effective the day
18.33 following final enactment.
18.34 Sec. 19. Minnesota Statutes 2002, section 38.04, is
18.35 amended to read:
18.36 38.04 [ANNUAL MEETINGS; REPORTS.]
19.1 Every county agricultural society shall hold an annual
19.2 meeting for the election of officers and the transaction of
19.3 other business on or before the third Tuesday in November.
19.4 Service on the county agricultural society board or as an
19.5 officer of the board is not a public office. Elected officials
19.6 of the state or its political subdivisions may serve on the
19.7 board or be elected as officers.
19.8 At the annual meeting, the society's secretary shall make a
19.9 report of its proceedings for the preceding year; this report
19.10 shall contain a statement of all transactions at its fairs, the
19.11 numbers of entries, the amount and source of all money received,
19.12 and the amount paid out for premiums and other purposes, and
19.13 show in detail its entire receipts and expenditures during the
19.14 year. The report must contain a separate accounting of any
19.15 income received from the operation of horse racing on which
19.16 pari-mutuel betting is conducted, and of the disposition of that
19.17 income.
19.18 The treasurer shall make a comprehensive report of the
19.19 funds received, paid out, and on hand, and upon whose order
19.20 paid. Each secretary shall cause a certified copy of the annual
19.21 report to be filed with the county recorder of the county and
19.22 the commissioner of agriculture on or before the first day of
19.23 November each year. Reports of the society are public data
19.24 under chapter 13 and must be made available for inspection by
19.25 any person.
19.26 Sec. 20. Minnesota Statutes 2002, section 45.027,
19.27 subdivision 7a, is amended to read:
19.28 Subd. 7a. [AUTHORIZED DISCLOSURES OF INFORMATION AND
19.29 DATA.] (a) The commissioner may release and disclose any active
19.30 or inactive investigative information and data on licensees to
19.31 any national securities exchange or national securities
19.32 association registered under the Securities Exchange Act of 1934
19.33 when necessary for the requesting agency in initiating,
19.34 furthering, or completing an investigation.
19.35 (b) The commissioner may release any active or inactive
19.36 investigative data relating to the conduct of the business of
20.1 insurance to the Office of the Comptroller of the Currency or
20.2 the Office of Thrift Supervision in order to facilitate the
20.3 initiation, furtherance, or completion of the investigation.
20.4 Sec. 21. Minnesota Statutes 2002, section 60A.03,
20.5 subdivision 9, is amended to read:
20.6 Subd. 9. [CONFIDENTIALITY OF INFORMATION.] The
20.7 commissioner may not be required to divulge any information
20.8 obtained in the course of the supervision of insurance
20.9 companies, or the examination of insurance companies, including
20.10 examination related correspondence and workpapers, until the
20.11 examination report is finally accepted and issued by the
20.12 commissioner, and then only in the form of the final public
20.13 report of examinations. Nothing contained in this subdivision
20.14 prevents or shall be construed as prohibiting the commissioner
20.15 from disclosing the content of this information to the insurance
20.16 department of another state or, the National Association of
20.17 Insurance Commissioners, or the National Association of
20.18 Securities Dealers if the recipient of the information agrees in
20.19 writing to hold it as nonpublic data as defined in section
20.20 13.02, in a manner consistent with this subdivision. This
20.21 subdivision does not apply to the extent the commissioner is
20.22 required or permitted by law, or ordered by a court of law to
20.23 testify or produce evidence in a civil or criminal proceeding.
20.24 For purposes of this subdivision, a subpoena is not an order of
20.25 a court of law.
20.26 Sec. 22. Minnesota Statutes 2002, section 60A.031,
20.27 subdivision 4, is amended to read:
20.28 Subd. 4. [EXAMINATION REPORT; FOREIGN AND DOMESTIC
20.29 COMPANIES.] (a) The commissioner shall make a full and true
20.30 report of every examination conducted pursuant to this chapter,
20.31 which shall include (1) a statement of findings of fact relating
20.32 to the financial status and other matters ascertained from the
20.33 books, papers, records, documents, and other evidence obtained
20.34 by investigation and examination or ascertained from the
20.35 testimony of officers, agents, or other persons examined under
20.36 oath concerning the business, affairs, assets, obligations,
21.1 ability to fulfill obligations, and compliance with all the
21.2 provisions of the law of the company, applicant, organization,
21.3 or person subject to this chapter and (2) a summary of important
21.4 points noted in the report, conclusions, recommendations and
21.5 suggestions as may reasonably be warranted from the facts so
21.6 ascertained in the examinations. The report of examination
21.7 shall be verified by the oath of the examiner in charge thereof,
21.8 and shall be prima facie evidence in any action or proceedings
21.9 in the name of the state against the company, applicant,
21.10 organization, or person upon the facts stated therein.
21.11 (b) No later than 60 days following completion of the
21.12 examination, the examiner in charge shall file with the
21.13 department a verified written report of examination under oath.
21.14 Upon receipt of the verified report, the department shall
21.15 transmit the report to the company examined, together with a
21.16 notice which provides the company examined with a reasonable
21.17 opportunity of not more than 30 days to make a written
21.18 submission or rebuttal with respect to matters contained in the
21.19 examination report.
21.20 (c) Within 30 days of the end of the period allowed for the
21.21 receipt of written submissions or rebuttals, the commissioner
21.22 shall fully consider and review the report, together with the
21.23 written submissions or rebuttals and the relevant portions of
21.24 the examiner's workpapers and enter an order:
21.25 (1) adopting the examination report as filed or with
21.26 modification or corrections. If the examination report reveals
21.27 that the company is operating in violation of any law, rule, or
21.28 prior order of the commissioner, the commissioner may order the
21.29 company to take any action the commissioner considers necessary
21.30 and appropriate to cure the violation;
21.31 (2) rejecting the examination report with directions to the
21.32 examiners to reopen the examination for purposes of obtaining
21.33 additional data, documentation, or information, and refiling the
21.34 report as required under paragraph (b); or
21.35 (3) calling for an investigatory hearing with no less than
21.36 20 days' notice to the company for purposes of obtaining
22.1 additional documentation, data, information, and testimony.
22.2 (d)(1) All orders entered under paragraph (c), clause (1),
22.3 must be accompanied by findings and conclusions resulting from
22.4 the commissioner's consideration and review of the examination
22.5 report, relevant examiner workpapers, and any written
22.6 submissions or rebuttals. The order is a final administrative
22.7 decision and may be appealed as provided under chapter 14. The
22.8 order must be served upon the company by certified mail,
22.9 together with a copy of the adopted examination report. Within
22.10 30 days of the issuance of the adopted report, the company shall
22.11 file affidavits executed by each of its directors stating under
22.12 oath that they have received a copy of the adopted report and
22.13 related orders.
22.14 (2) A hearing conducted under paragraph (c), clause (3), by
22.15 the commissioner or authorized representative, must be conducted
22.16 as a nonadversarial confidential investigatory proceeding as
22.17 necessary for the resolution of inconsistencies, discrepancies,
22.18 or disputed issues apparent upon the face of the filed
22.19 examination report or raised by or as a result of the
22.20 commissioner's review of relevant workpapers or by the written
22.21 submission or rebuttal of the company. Within 20 days of the
22.22 conclusion of the hearing, the commissioner shall enter an order
22.23 as required under paragraph (c), clause (1).
22.24 (3) The commissioner shall not appoint an examiner as an
22.25 authorized representative to conduct the hearing. The hearing
22.26 must proceed expeditiously. Discovery by the company is limited
22.27 to the examiner's workpapers which tend to substantiate
22.28 assertions in a written submission or rebuttal. The
22.29 commissioner or the commissioner's representative may issue
22.30 subpoenas for the attendance of witnesses or the production of
22.31 documents considered relevant to the investigation whether under
22.32 the control of the department, the company, or other persons.
22.33 The documents produced must be included in the record.
22.34 Testimony taken by the commissioner or the commissioner's
22.35 representative must be under oath and preserved for the record.
22.36 This section does not require the department to disclose
23.1 information or records which would indicate or show the
23.2 existence or content of an investigation or activity of a
23.3 criminal justice agency.
23.4 (4) The hearing must proceed with the commissioner or the
23.5 commissioner's representative posing questions to the persons
23.6 subpoenaed. Thereafter, the company and the department may
23.7 present testimony relevant to the investigation.
23.8 Cross-examination may be conducted only by the commissioner or
23.9 the commissioner's representative. The company and the
23.10 department shall be permitted to make closing statements and may
23.11 be represented by counsel of their choice.
23.12 (e)(1) Upon the adoption of the examination report under
23.13 paragraph (c), clause (1), the commissioner shall continue to
23.14 hold the content of the examination report as private and
23.15 confidential information for a period of 30 days except as
23.16 otherwise provided in paragraph (b). Thereafter, the
23.17 commissioner may open the report for public inspection if a
23.18 court of competent jurisdiction has not stayed its publication.
23.19 (2) Nothing contained in this subdivision prevents or shall
23.20 be construed as prohibiting the commissioner from disclosing the
23.21 content of an examination report, preliminary examination report
23.22 or results, or any matter relating to the reports, to the
23.23 Commerce Department or the insurance department of another state
23.24 or country, or to law enforcement officials of this or another
23.25 state or agency of the federal government at any time, if the
23.26 agency or office receiving the report or matters relating to the
23.27 report agrees in writing to hold it confidential and in a manner
23.28 consistent with this subdivision.
23.29 (3) If the commissioner determines that regulatory action
23.30 is appropriate as a result of an examination, the commissioner
23.31 may initiate proceedings or actions as provided by law.
23.32 (f) All working papers, recorded information, documents and
23.33 copies thereof produced by, obtained by, or disclosed to the
23.34 commissioner or any other person in the course of an examination
23.35 made under this subdivision must be given confidential treatment
23.36 and are not subject to subpoena and may not be made public by
24.1 the commissioner or any other person, except to the extent
24.2 provided in paragraph (e). Access may also be granted to the
24.3 National Association of Insurance Commissioners and the National
24.4 Association of Securities Dealers. The parties must agree in
24.5 writing prior to receiving the information to provide to it the
24.6 same confidential treatment as required by this section, unless
24.7 the prior written consent of the company to which it pertains
24.8 has been obtained.
24.9 Sec. 23. [84.0872] [SPECIFIC LOCATION DATA.]
24.10 Subdivision 1. [DEFINITION; GENERAL CLASSIFICATION.] As
24.11 used in this section, "specific location data" means data that
24.12 would enable persons to locate the protected wild animal or
24.13 endangered, threatened, or special concern plant or animal
24.14 identified by the data. Specific location data are public data
24.15 unless otherwise classified in this section.
24.16 Subd. 2. [NONPUBLIC DATA.] Specific location data procured
24.17 by the Department of Natural Resources that identify protected
24.18 wild animals, as defined under section 97A.015, subdivision 39,
24.19 or species that are designated endangered, threatened, or of
24.20 special concern under section 84.0895, subdivision 3, are
24.21 nonpublic data if disclosure is likely to:
24.22 (1) hinder management, propagation, or research;
24.23 (2) facilitate unfair chase or illegal taking, transport,
24.24 or sale; or
24.25 (3) decrease the likelihood of establishing a protected
24.26 wild animal or bringing an endangered, threatened, or special
24.27 concern species to a point at which it is no longer endangered,
24.28 threatened, or of special concern.
24.29 If a request for access to specific location data is denied
24.30 under this subdivision, the commissioner must provide the
24.31 requestor with a written explanation of the reason for the
24.32 denial.
24.33 Subd. 3. [DISCLOSURE.] The commissioner may disclose data
24.34 classified as nonpublic under subdivision 2 to a person, an
24.35 agency, or the public if the commissioner determines that the
24.36 disclosure will promote public benefit by:
25.1 (1) aiding the environmental review process;
25.2 (2) aiding research, education, or conservation planning;
25.3 or
25.4 (3) providing information to landowners about locations
25.5 occurring on the landowners' property, if provision of the
25.6 information will promote protection of the resource.
25.7 Sec. 24. Minnesota Statutes 2002, section 119B.02,
25.8 subdivision 6, is amended to read:
25.9 Subd. 6. [DATA.] Data on individuals collected by the
25.10 commissioner for purposes of administering this chapter are
25.11 private data on individuals as defined in section 13.02. Data
25.12 collected, maintained, used, or disseminated by the welfare
25.13 system pertaining to persons selected as legal nonlicensed child
25.14 care providers by families receiving child care assistance shall
25.15 be treated as licensing data as provided in section 13.46,
25.16 subdivision 4.
25.17 Sec. 25. Minnesota Statutes 2002, section 144.2215, is
25.18 amended to read:
25.19 144.2215 [MINNESOTA BIRTH DEFECTS REGISTRY INFORMATION
25.20 SYSTEM.]
25.21 Subdivision 1. [ESTABLISHMENT.] The commissioner of health
25.22 shall develop a statewide birth defects registry system to
25.23 provide for the collection, analysis, and dissemination of birth
25.24 defects information establish and maintain an information system
25.25 containing data on the cause, treatment, prevention, and cure of
25.26 major birth defects. The commissioner shall consult with
25.27 representatives and experts in epidemiology, medicine,
25.28 insurance, health maintenance organizations, genetics,
25.29 consumers, and voluntary organizations in developing the system
25.30 and may phase in the implementation of the system.
25.31 Subd. 2. [DUTIES OF COMMISSIONER.] The commissioner of
25.32 health shall design a system that allows the commissioner to:
25.33 (1) monitor incidence trends of birth defects to detect
25.34 potential public health problems, predict risks, and assist in
25.35 responding to birth defects clusters;
25.36 (2) more accurately target intervention, prevention, and
26.1 services for communities, patients, and their families;
26.2 (3) inform health professionals and citizens of the
26.3 prevalence of and risks for birth defects;
26.4 (4) conduct scientific investigation and surveys of the
26.5 causes, mortality, methods of treatment, prevention, and cure
26.6 for birth defects;
26.7 (5) modify, as necessary, the birth defects information
26.8 system through demonstration projects;
26.9 (6) remove identifying information about a child whose
26.10 parent or legal guardian has chosen not to participate in the
26.11 system as permitted by section 144.2216, subdivision 4;
26.12 (7) protect the individually identifiable information as
26.13 required by section 144.2217;
26.14 (8) limit the dissemination of identifying information as
26.15 required by sections 144.2218 and 144.2219; and
26.16 (9) use the birth defects coding scheme defined by the
26.17 Centers for Disease Control and Prevention (CDC) of the United
26.18 States Public Health Service.
26.19 [EFFECTIVE DATE.] This section is effective upon receipt of
26.20 a federal grant to establish a birth defects information system.
26.21 Sec. 26. [144.2216] [BIRTH DEFECTS RECORDS AND REPORTS
26.22 REQUIRED.]
26.23 Subdivision 1. [HOSPITALS AND SIMILAR INSTITUTIONS.] With
26.24 the informed consent of a parent or guardian, as provided in
26.25 subdivision 4, a hospital, medical clinic, medical laboratory,
26.26 or other institution for the hospitalization, clinical or
26.27 laboratory diagnosis, or care of human beings shall provide the
26.28 commissioner of health with access to information on each birth
26.29 defect case in the manner and at the times that the commissioner
26.30 designates.
26.31 Subd. 2. [OTHER INFORMATION REPOSITORIES.] With the
26.32 informed consent of a parent or guardian, as provided in
26.33 subdivision 4, other repositories of information on the
26.34 diagnosis or care of infants may provide the commissioner with
26.35 access to information on each case of birth defects in the
26.36 manner and at the times that the commissioner designates.
27.1 Subd. 3. [REPORTING WITHOUT LIABILITY.] Furnishing
27.2 information in good faith in compliance with this section does
27.3 not subject the person, hospital, medical clinic, medical
27.4 laboratory, data repository, or other institution furnishing the
27.5 information to any action for damages or relief.
27.6 Subd. 4. [OPT OUT.] A parent or legal guardian must be
27.7 informed by the commissioner at the time of the initial data
27.8 collection that they may request removal at any time of personal
27.9 identifying information concerning a child from the birth
27.10 defects information system using a written form prescribed by
27.11 the commissioner. The commissioner shall advise parents or
27.12 legal guardians of infants:
27.13 (1) that the information on birth defects may be retained
27.14 by the Department of Health;
27.15 (2) the benefit of retaining birth defects records;
27.16 (3) that they may elect to have the birth defects
27.17 information collected once, within one year of birth, but to
27.18 require that all personally identifying information be destroyed
27.19 immediately upon the commissioner receiving the information.
27.20 If the parents of an infant object in writing to the maintaining
27.21 of birth defects information, the objection or election shall be
27.22 recorded on a form that is signed by a parent or legal guardian
27.23 and submitted to the commissioner of health; and
27.24 (4) that if the parent or legal guardian chooses to
27.25 opt-out, the commissioner will not be able to inform the parent
27.26 or legal guardian of a child of information related to the
27.27 prevention, treatment, or cause of a particular birth defect.
27.28 [EFFECTIVE DATE.] This section is effective upon receipt of
27.29 a federal grant to establish a birth defects information system.
27.30 Sec. 27. [144.2217] [CLASSIFICATION OF BIRTH DEFECTS
27.31 INFORMATION.]
27.32 Information collected on individuals for the birth defects
27.33 information system are private data on individuals as defined in
27.34 section 13.02, subdivision 12, and may only be used for the
27.35 purposes in sections 144.2215 to 144.2219. Any disclosure other
27.36 than one provided for in sections 144.2215 to 144.2219 is a
28.1 misdemeanor.
28.2 [EFFECTIVE DATE.] This section is effective upon receipt of
28.3 a federal grant to establish a birth defects information system.
28.4 Sec. 28. [144.2218] [TRANSFERS OF INFORMATION TO OTHER
28.5 GOVERNMENT AGENCIES.]
28.6 Information collected by the birth defects information
28.7 system may be disseminated to a state or local government agency
28.8 in Minnesota or another state solely for purposes consistent
28.9 with sections 144.2215 to 144.2219, provided that the state or
28.10 local government agency agrees to maintain the classification of
28.11 the information as provided under section 144.2217. Information
28.12 collected by other states consistent with sections 144.2215 to
28.13 144.2219 may be received by the commissioner of health and must
28.14 be maintained according to section 144.2217.
28.15 [EFFECTIVE DATE.] This section is effective upon receipt of
28.16 a federal grant to establish a birth defects information system.
28.17 Sec. 29. [144.2219] [TRANSFERS OF INFORMATION TO RESEARCH
28.18 ENTITIES.]
28.19 Information from the birth defects information system that
28.20 does not contain identifying information may be shared with
28.21 research entities upon request for studies approved by the
28.22 commissioner and appropriate institutional review boards. For
28.23 studies approved by the commissioner that require identifying
28.24 information about a child or a parent or legal guardian of the
28.25 child, the commissioner shall contact the parent or legal
28.26 guardian to obtain informed consent to share identifying
28.27 information with the research entity. Notwithstanding section
28.28 144.335, subdivision 3a, paragraph (d), the parent or legal
28.29 guardian must provide informed consent before the information
28.30 may be shared. The commissioner must collect all reasonable
28.31 costs of locating and obtaining consent from the research entity.
28.32 [EFFECTIVE DATE.] This section is effective upon receipt of
28.33 a federal grant to establish a birth defects information system.
28.34 Sec. 30. Minnesota Statutes 2002, section 144.335,
28.35 subdivision 3a, is amended to read:
28.36 Subd. 3a. [PATIENT CONSENT TO RELEASE OF RECORDS;
29.1 LIABILITY.] (a) A provider, or a person who receives health
29.2 records from a provider, may not release a patient's health
29.3 records to a person without a signed and dated consent from the
29.4 patient or the patient's legally authorized representative
29.5 authorizing the release, unless the release is specifically
29.6 authorized by law. Except as provided in paragraph (c) or (d),
29.7 a consent is valid for one year or for a lesser period specified
29.8 in the consent or for a different period provided by law.
29.9 (b) This subdivision does not prohibit the release of
29.10 health records:
29.11 (1) for a medical emergency when the provider is unable to
29.12 obtain the patient's consent due to the patient's condition or
29.13 the nature of the medical emergency; or
29.14 (2) to other providers within related health care entities
29.15 when necessary for the current treatment of the patient.
29.16 (c) Notwithstanding paragraph (a), if a patient explicitly
29.17 gives informed consent to the release of health records for the
29.18 purposes and pursuant to the restrictions in clauses (1) and
29.19 (2), the consent does not expire after one year for:
29.20 (1) the release of health records to a provider who is
29.21 being advised or consulted with in connection with the current
29.22 treatment of the patient;
29.23 (2) the release of health records to an accident and health
29.24 insurer, health service plan corporation, health maintenance
29.25 organization, or third-party administrator for purposes of
29.26 payment of claims, fraud investigation, or quality of care
29.27 review and studies, provided that:
29.28 (i) the use or release of the records complies with
29.29 sections 72A.49 to 72A.505;
29.30 (ii) further use or release of the records in individually
29.31 identifiable form to a person other than the patient without the
29.32 patient's consent is prohibited; and
29.33 (iii) the recipient establishes adequate safeguards to
29.34 protect the records from unauthorized disclosure, including a
29.35 procedure for removal or destruction of information that
29.36 identifies the patient.
30.1 (d) Notwithstanding paragraph (a), health records may be
30.2 released to an external researcher solely for purposes of
30.3 medical or scientific research only as follows:
30.4 (1) health records generated before January 1, 1997, may be
30.5 released if the patient has not objected or does not elect to
30.6 object after that date;
30.7 (2) for health records generated on or after January 1,
30.8 1997, the provider must:
30.9 (i) disclose in writing to patients currently being treated
30.10 by the provider that health records, regardless of when
30.11 generated, may be released and that the patient may object, in
30.12 which case the records will not be released; and
30.13 (ii) use reasonable efforts to obtain the patient's written
30.14 general authorization that describes the release of records in
30.15 item (i), which does not expire but may be revoked or limited in
30.16 writing at any time by the patient or the patient's authorized
30.17 representative;
30.18 (3) authorization may be established if an authorization is
30.19 mailed at least two times to the patient's last known address
30.20 with a postage prepaid return envelope and a conspicuous notice
30.21 that the patient's medical records may be released if the
30.22 patient does not object, and at least 60 days have expired since
30.23 the second notice was sent; and the provider must advise the
30.24 patient of the rights specified in clause (4); and
30.25 (4) the provider must, at the request of the patient,
30.26 provide information on how the patient may contact an external
30.27 researcher to whom the health record was released and the date
30.28 it was released.
30.29 In making a release for research purposes the provider
30.30 shall make a reasonable effort to determine that:
30.31 (i) the use or disclosure does not violate any limitations
30.32 under which the record was collected;
30.33 (ii) the use or disclosure in individually identifiable
30.34 form is necessary to accomplish the research or statistical
30.35 purpose for which the use or disclosure is to be made;
30.36 (iii) the recipient has established and maintains adequate
31.1 safeguards to protect the records from unauthorized disclosure,
31.2 including a procedure for removal or destruction of information
31.3 that identifies the patient; and
31.4 (iv) further use or release of the records in individually
31.5 identifiable form to a person other than the patient without the
31.6 patient's consent is prohibited.
31.7 (e) A person who negligently or intentionally releases a
31.8 health record in violation of this subdivision, or who forges a
31.9 signature on a consent form, or who obtains under false
31.10 pretenses the consent form or health records of another person,
31.11 or who, without the person's consent, alters a consent form, is
31.12 liable to the patient for compensatory damages caused by an
31.13 unauthorized release, plus costs and reasonable attorney's fees.
31.14 (f) Upon the written request of a spouse, parent, child, or
31.15 sibling of a patient being evaluated for or diagnosed with
31.16 mental illness, a provider shall inquire of a patient whether
31.17 the patient wishes to authorize a specific individual to receive
31.18 information regarding the patient's current and proposed course
31.19 of treatment. If the patient so authorizes, the provider shall
31.20 communicate to the designated individual the patient's current
31.21 and proposed course of treatment. Paragraph (a) applies to
31.22 consents given under this paragraph.
31.23 (g) Notwithstanding paragraph (a), a provider must disclose
31.24 health records relating to a patient's mental health to a law
31.25 enforcement agency if the law enforcement agency provides the
31.26 name of the patient and communicates that the:
31.27 (1) patient is currently involved in an emergency
31.28 interaction with the law enforcement agency; and
31.29 (2) disclosure of the records is necessary to protect the
31.30 health or safety of the patient or of another person.
31.31 The scope of disclosure under this paragraph is limited to
31.32 the minimum necessary for law enforcement to respond to the
31.33 emergency. A law enforcement agency that obtains health records
31.34 under this paragraph shall maintain a record of the requestor,
31.35 the provider of the information, and the patient's name. Health
31.36 records obtained by a law enforcement agency under this
32.1 paragraph are private data on individuals as defined in section
32.2 13.02 and must not be used by law enforcement for any other
32.3 purpose.
32.4 (h) In cases where a provider releases health records
32.5 without patient consent as authorized by law, the release must
32.6 be documented in the patient's health record. In the case of a
32.7 release under paragraph (g), the documentation must include the
32.8 date and circumstances under which the release was made, the
32.9 person or agency to whom the release was made, and the records
32.10 that were released.
32.11 Sec. 31. Minnesota Statutes 2003 Supplement, section
32.12 268.19, subdivision 1, is amended to read:
32.13 Subdivision 1. [USE OF DATA.] (a) Except as otherwise
32.14 provided by this section, data gathered from any employer or
32.15 individual person pursuant to the administration of the
32.16 Minnesota Unemployment Insurance Law are private data on
32.17 individuals or nonpublic data not on individuals as defined in
32.18 section 13.02, subdivisions 9 and 12, and may not be disclosed
32.19 except pursuant to a court order or section 13.05. A subpoena
32.20 shall not be considered a court order. These data may be
32.21 disseminated to and used by the following agencies without the
32.22 consent of the subject of the data:
32.23 (1) state and federal agencies specifically authorized
32.24 access to the data by state or federal law;
32.25 (2) any agency of Minnesota or any other state; or any
32.26 federal agency charged with the administration of an employment
32.27 security law or unemployment insurance program;
32.28 (3) any agency responsible for the maintenance of a system
32.29 of public employment offices for the purpose of assisting
32.30 individuals in obtaining employment;
32.31 (3) (4) human rights agencies within Minnesota that have
32.32 enforcement powers;
32.33 (4) (5) the Department of Revenue must have access to
32.34 department private data on individuals and nonpublic data not on
32.35 individuals only to the extent necessary for enforcement of its
32.36 duties under Minnesota tax laws;
33.1 (5) (6) public and private agencies responsible for
33.2 administering publicly financed assistance programs for the
33.3 purpose of monitoring the eligibility of the program's
33.4 recipients;
33.5 (6) (7) the Department of Labor and Industry on an
33.6 interchangeable basis with the department subject to the
33.7 following limitations and regardless of any law to the contrary:
33.8 (i) the department must have access to private data on
33.9 individuals and nonpublic data not on individuals for uses
33.10 consistent with the administration of its duties under the
33.11 Minnesota Unemployment Insurance Law; and
33.12 (ii) the Department of Labor and Industry must have access
33.13 to private data on individuals and nonpublic data not on
33.14 individuals for uses consistent with the administration of its
33.15 duties under Minnesota law;
33.16 (7) the Department of Employment and Economic Development
33.17 may have access to private data on individual employers and
33.18 nonpublic data not on individual employers for its internal use
33.19 only; when received by the Department of Employment and Economic
33.20 Development, the data remain private data on individuals or
33.21 nonpublic data;
33.22 (8) local and state welfare agencies for monitoring the
33.23 eligibility of the data subject for assistance programs, or for
33.24 any employment or training program administered by those
33.25 agencies, whether alone, in combination with another welfare
33.26 agency, or in conjunction with the department or to monitor and
33.27 evaluate the statewide Minnesota family investment program by
33.28 providing data on recipients and former recipients of food
33.29 stamps or food support, cash assistance under chapter 256, 256D,
33.30 256J, or 256K, child care assistance under chapter 119B, or
33.31 medical programs under chapter 256B, 256D, or 256L;
33.32 (9) local, state, and federal law enforcement agencies for
33.33 the sole purpose of ascertaining the last known address and
33.34 employment location of the data subject, provided the data
33.35 subject a person who is the subject of a criminal investigation;
33.36 (10) the federal Immigration and Naturalization Service
34.1 shall have access to data on specific individuals and specific
34.2 employers provided the specific individual or specific employer
34.3 is the subject of an investigation by that agency; and
34.4 (11) the Department of Health may have access to private
34.5 data on individuals and nonpublic data not on individuals solely
34.6 for the purposes of epidemiologic investigations.
34.7 (b) Data on individuals and employers that are collected,
34.8 maintained, or used by the department in an investigation
34.9 pursuant to section 268.182 are confidential as to data on
34.10 individuals and protected nonpublic data not on individuals as
34.11 defined in section 13.02, subdivisions 3 and 13, and must not be
34.12 disclosed except pursuant to statute or court order or to a
34.13 party named in a criminal proceeding, administrative or
34.14 judicial, for preparation of a defense.
34.15 (c) Tape recordings and transcripts of recordings of
34.16 proceedings conducted in accordance with section 268.105 and
34.17 exhibits received into evidence at those proceedings are private
34.18 data on individuals and nonpublic data not on individuals and
34.19 must be disclosed only pursuant to the administration of section
34.20 268.105, or pursuant to a court order.
34.21 (d) The department may disseminate an employer's name,
34.22 address, industry code, occupations employed, and the number of
34.23 employees by ranges of not less than 100 for the purpose of
34.24 assisting individuals using the Minnesota Workforce Center
34.25 system in obtaining employment.
34.26 (e) The general aptitude test battery and the nonverbal
34.27 aptitude test battery as administered by the department are
34.28 private data on individuals or nonpublic data.
34.29 (f) Data gathered by the department pursuant to the
34.30 administration of the Minnesota unemployment insurance program
34.31 and the job service must not be made the subject or the basis
34.32 for any suit in any civil proceedings, administrative or
34.33 judicial, unless the action is initiated by the department.
34.34 Sec. 32. Minnesota Statutes 2003 Supplement, section
34.35 268.19, subdivision 2, is amended to read:
34.36 Subd. 2. [EMPLOYER INFORMATION; ABSOLUTE PRIVILEGE.] (a)
35.1 Regardless of any provision of law to the contrary, an employer
35.2 may provide the commissioner with information on an applicant so
35.3 that the commissioner can determine an applicant's entitlement
35.4 to unemployment benefits under the Minnesota Unemployment
35.5 Insurance Law.
35.6 (b) The commissioner may disseminate an employer's name and
35.7 address and the name and address of any employer's unemployment
35.8 insurance processing agent in order to administer the Minnesota
35.9 Unemployment Insurance Program.
35.10 (c) Information obtained pursuant to the Minnesota
35.11 Unemployment Insurance Law, in order to determine an applicant's
35.12 entitlement to unemployment benefits, shall be absolutely
35.13 privileged and shall not be made the subject matter or the basis
35.14 for any civil proceeding, administrative, or judicial.
35.15 Sec. 33. Minnesota Statutes 2002, section 270B.01,
35.16 subdivision 8, is amended to read:
35.17 Subd. 8. [MINNESOTA TAX LAWS.] For purposes of this
35.18 chapter only, unless expressly stated otherwise, "Minnesota tax
35.19 laws" means:
35.20 (1) the taxes, refunds, and fees administered by or paid to
35.21 the commissioner under chapters 115B (except taxes imposed under
35.22 sections 115B.21 to 115B.24), 289A (except taxes imposed under
35.23 sections 298.01, 298.015, and 298.24), 290, 290A, 291, 295,
35.24 297A, and 297H, or any similar Indian tribal tax administered by
35.25 the commissioner pursuant to any tax agreement between the state
35.26 and the Indian tribal government, and includes any laws for the
35.27 assessment, collection, and enforcement of those taxes, refunds,
35.28 and fees; and
35.29 (2) section 273.1315.
35.30 [EFFECTIVE DATE.] This section is effective the day
35.31 following final enactment.
35.32 Sec. 34. Minnesota Statutes 2002, section 270B.12,
35.33 subdivision 9, is amended to read:
35.34 Subd. 9. [COUNTY ASSESSORS; HOMESTEAD APPLICATION,
35.35 DETERMINATION, AND INCOME TAX STATUS.] (a) If, as a result of an
35.36 audit, the commissioner determines that a person is a Minnesota
36.1 nonresident or part-year resident for income tax purposes, the
36.2 commissioner may disclose the person's name, address, and Social
36.3 Security number to the assessor of any political subdivision in
36.4 the state, when there is reason to believe that the person may
36.5 have claimed or received homestead property tax benefits for a
36.6 corresponding assessment year in regard to property apparently
36.7 located in the assessor's jurisdiction.
36.8 (b) To the extent permitted by section 273.124, subdivision
36.9 1, paragraph (a), the Department of Revenue may verify to a
36.10 county assessor whether an individual who is requesting or
36.11 receiving a homestead classification has filed a Minnesota
36.12 income tax return as a resident for the most recent taxable year
36.13 for which the information is available.
36.14 [EFFECTIVE DATE.] This section is effective the day
36.15 following final enactment.
36.16 Sec. 35. Minnesota Statutes 2003 Supplement, section
36.17 270B.12, subdivision 13, is amended to read:
36.18 Subd. 13. [COUNTY ASSESSORS; CLASS 1B HOMESTEADS.] The
36.19 commissioner may disclose to a county assessor, and to the
36.20 assessor's designated agents or employees, a listing of parcels
36.21 of property qualifying for the class 1b property tax
36.22 classification under section 273.13, subdivision 22, and the
36.23 names and addresses of qualified applicants.
36.24 [EFFECTIVE DATE.] This section is effective the day
36.25 following final enactment.
36.26 Sec. 36. Minnesota Statutes 2002, section 270B.14,
36.27 subdivision 2, is amended to read:
36.28 Subd. 2. [DISCLOSURE TO DEPARTMENT OF EMPLOYMENT AND
36.29 ECONOMIC SECURITY DEVELOPMENT.] (a) Data relating to individuals
36.30 are treated as follows:
36.31 (1) Return information may be disclosed to the Department
36.32 of Employment and Economic Security Development to the extent
36.33 provided in clause (2) and for the purposes provided in clause
36.34 (3).
36.35 (2) The data that may be disclosed is limited to the amount
36.36 of gross income earned by an individual, the total amounts of
37.1 earnings from each employer, and the employer's name.
37.2 (3) Data may be requested pertaining only to individuals
37.3 who have claimed benefits under sections 268.03 to 268.23 and
37.4 only if the individuals are the subject of investigations based
37.5 on other information available to the Department of Employment
37.6 and Economic Security Development. Data received may be used
37.7 only as set forth in section 268.19, clause (d) subdivision 1,
37.8 paragraph (b).
37.9 (b) Data pertaining to corporations or other employing
37.10 units may be disclosed to the Department of Employment and
37.11 Economic Security Development to the extent necessary for the
37.12 proper enforcement of chapter 268.
37.13 Sec. 37. Minnesota Statutes 2002, section 629.341,
37.14 subdivision 4, is amended to read:
37.15 Subd. 4. [REPORT REQUIRED.] Whenever a peace officer
37.16 investigates an allegation that an incident described in
37.17 subdivision 1 has occurred, whether or not an arrest is made,
37.18 the officer shall make a written police report of the alleged
37.19 incident. The report must contain at least the following
37.20 information: the name, address and telephone number of the
37.21 victim, if provided by the victim, a statement as to whether an
37.22 arrest occurred, the name of the arrested person, and a brief
37.23 summary of the incident. Data that identify a victim who has
37.24 made a request under section 13.82, subdivision 17, paragraph
37.25 (d), and that are private data under that subdivision, shall be
37.26 private in the report required by this section. A copy of this
37.27 report must be provided upon request, at no cost, to the victim
37.28 of domestic abuse, the victim's attorney, or organizations
37.29 designated by the Minnesota Crime Victims Services Center, the
37.30 Department of Public Safety, or the commissioner of corrections
37.31 that are providing services to victims of domestic abuse. The
37.32 officer shall submit the report to the officer's supervisor or
37.33 other person to whom the employer's rules or policies require
37.34 reports of similar allegations of criminal activity to be made.
37.35 [EFFECTIVE DATE.] This section is effective the day
37.36 following final enactment.
38.1 Sec. 38. Laws 2002, chapter 266, section 1, is amended to
38.2 read:
38.3 Section 1. [DOMESTIC FATALITY REVIEW TEAM PILOT PROJECT
38.4 EXTENSION.]
38.5 The fourth judicial district may extend the duration of the
38.6 pilot project authorized by Laws 1999, chapter 216, article 2,
38.7 section 27, and Laws 2000, chapter 468, sections 29 to 32, until
38.8 December 31, 2004 2006. If the pilot project is extended, the
38.9 domestic fatality review team shall submit a report on the
38.10 project to the legislature by January 15, 2005 2007.
38.11 Sec. 39. [REPEALER.]
38.12 Minnesota Statutes 2002, sections 13.319, subdivision 7;
38.13 and 13.475, are repealed.