HF 1460

1st Engrossment - 80th Legislature (1997 - 1998)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act
  1.2             relating to government data practices; making certain 
  1.3             welfare and housing data available to law enforcement 
  1.4             agencies; requiring certain criminal conviction data 
  1.5             to be available through the Internet; eliminating the 
  1.6             requirement that government agencies pay a fee for 
  1.7             commissioner's opinions; modifying access to the 
  1.8             identity of unmarried mothers by family services 
  1.9             collaboratives; modifying school immunization and 
  1.10            health record provisions; modifying patient consent to 
  1.11            release of records for research; authorizing 
  1.12            destruction of records of deceased patients; allowing 
  1.13            certain voters to prevent public dissemination of 
  1.14            their residence addresses; requiring notice of 
  1.15            investigations to health board licensees; providing 
  1.16            for retention of juvenile history records; providing 
  1.17            for misdemeanor offense reports and access to certain 
  1.18            adult criminal history data; providing for disclosure 
  1.19            or inspection of certain tax data or return 
  1.20            information; limiting disclosure of certain tax data 
  1.21            under subpoena; providing criminal penalties; amending 
  1.22            Minnesota Statutes 1996, sections 13.41, by adding a 
  1.23            subdivision; 13.46, subdivision 2; 13.54, by adding a 
  1.24            subdivision; 13.65, subdivision 2; 13.87, subdivision 
  1.25            2; 13.99, subdivision 53b, and by adding subdivisions; 
  1.26            123.70, subdivisions 5, 7, and 10; 144.225, 
  1.27            subdivision 2; 144.29; 144.335, subdivision 3a, and by 
  1.28            adding a subdivision; 201.091, subdivision 4; 214.10, 
  1.29            subdivision 1; 260.161, subdivision 1a; 270.66, 
  1.30            subdivision 3; 270B.01, subdivision 8; 270B.03, 
  1.31            subdivisions 1, 3, and 4; 270B.08, subdivision 1; 
  1.32            270B.085, subdivision 1; 270B.09; 270B.12, subdivision 
  1.33            7; 270B.14, subdivision 1, and by adding subdivisions; 
  1.34            270B.16; 287.34; 299C.095; 299C.10, subdivision 1; and 
  1.35            299C.13; proposing coding for new law in Minnesota 
  1.36            Statutes, chapters 214; and 270B; repealing Minnesota 
  1.37            Statutes 1996, sections 13.072, subdivision 3; 13.71, 
  1.38            subdivisions 18, 19, 20, and 21; and 13.99, 
  1.39            subdivision 21d. 
  1.40  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.41     Section 1.  Minnesota Statutes 1996, section 13.41, is 
  1.42  amended by adding a subdivision to read: 
  2.1      Subd. 6.  [RESIDENCE ADDRESS AND 
  2.2   TELEPHONE.] Notwithstanding subdivision 2 or 4, access to the 
  2.3   residence address and telephone number of an applicant or 
  2.4   licensee who is subject to the health-related licensing boards 
  2.5   is governed by section 214.065. 
  2.6      Sec. 2.  Minnesota Statutes 1996, section 13.46, 
  2.7   subdivision 2, is amended to read: 
  2.8      Subd. 2.  [GENERAL.] (a) Unless the data is summary data or 
  2.9   a statute specifically provides a different classification, data 
  2.10  on individuals collected, maintained, used, or disseminated by 
  2.11  the welfare system is private data on individuals, and shall not 
  2.12  be disclosed except:  
  2.13     (1) pursuant to section 13.05; 
  2.14     (2) pursuant to court order; 
  2.15     (3) pursuant to a statute specifically authorizing access 
  2.16  to the private data; 
  2.17     (4) to an agent of the welfare system, including a law 
  2.18  enforcement person, attorney, or investigator acting for it in 
  2.19  the investigation or prosecution of a criminal or civil 
  2.20  proceeding relating to the administration of a program; 
  2.21     (5) to personnel of the welfare system who require the data 
  2.22  to determine eligibility, amount of assistance, and the need to 
  2.23  provide services of additional programs to the individual; 
  2.24     (6) to administer federal funds or programs; 
  2.25     (7) between personnel of the welfare system working in the 
  2.26  same program; 
  2.27     (8) the amounts of cash public assistance and relief paid 
  2.28  to welfare recipients in this state, including their names, 
  2.29  social security numbers, income, addresses, and other data as 
  2.30  required, upon request by the department of revenue to 
  2.31  administer the property tax refund law, supplemental housing 
  2.32  allowance, early refund of refundable tax credits, and the 
  2.33  income tax.  "Refundable tax credits" means the dependent care 
  2.34  credit under section 290.067, the Minnesota working family 
  2.35  credit under section 290.0671, the property tax refund under 
  2.36  section 290A.04, and, if the required federal waiver or waivers 
  3.1   are granted, the federal earned income tax credit under section 
  3.2   32 of the Internal Revenue Code; 
  3.3      (9) to the Minnesota department of economic security for 
  3.4   the purpose of monitoring the eligibility of the data subject 
  3.5   for reemployment insurance, for any employment or training 
  3.6   program administered, supervised, or certified by that agency, 
  3.7   or for the purpose of administering any rehabilitation program, 
  3.8   whether alone or in conjunction with the welfare system, and to 
  3.9   verify receipt of energy assistance for the telephone assistance 
  3.10  plan; 
  3.11     (10) to appropriate parties in connection with an emergency 
  3.12  if knowledge of the information is necessary to protect the 
  3.13  health or safety of the individual or other individuals or 
  3.14  persons; 
  3.15     (11) data maintained by residential programs as defined in 
  3.16  section 245A.02 may be disclosed to the protection and advocacy 
  3.17  system established in this state pursuant to Part C of Public 
  3.18  Law Number 98-527 to protect the legal and human rights of 
  3.19  persons with mental retardation or other related conditions who 
  3.20  live in residential facilities for these persons if the 
  3.21  protection and advocacy system receives a complaint by or on 
  3.22  behalf of that person and the person does not have a legal 
  3.23  guardian or the state or a designee of the state is the legal 
  3.24  guardian of the person; 
  3.25     (12) to the county medical examiner or the county coroner 
  3.26  for identifying or locating relatives or friends of a deceased 
  3.27  person; 
  3.28     (13) data on a child support obligor who makes payments to 
  3.29  the public agency may be disclosed to the higher education 
  3.30  services office to the extent necessary to determine eligibility 
  3.31  under section 136A.121, subdivision 2, clause (5); 
  3.32     (14) participant social security numbers and names 
  3.33  collected by the telephone assistance program may be disclosed 
  3.34  to the department of revenue to conduct an electronic data match 
  3.35  with the property tax refund database to determine eligibility 
  3.36  under section 237.70, subdivision 4a; 
  4.1      (15) the current address of a recipient of aid to families 
  4.2   with dependent children in effect until January 1, 1998, or 
  4.3   MFIP-S may be disclosed to law enforcement officers who provide 
  4.4   the name and social security number of the recipient 
  4.5   and satisfactorily demonstrate notify the agency that: 
  4.6      (i) the recipient is: 
  4.7      (A) is a fugitive felon, including the grounds for this 
  4.8   determination; fleeing to avoid prosecution, or custody or 
  4.9   confinement after conviction, for a crime or attempt to commit a 
  4.10  crime that is a felony under the laws of the jurisdiction from 
  4.11  which the individual is fleeing; 
  4.12     (B) is violating a condition of probation or parole imposed 
  4.13  under state or federal law; or 
  4.14     (C) has information that is necessary for the officer in 
  4.15  the conduct of the officer's official duties; 
  4.16     (ii) the location or apprehension of the felon is within 
  4.17  the law enforcement officer's official duties; and 
  4.18     (iii)  the request is made in writing and in the proper 
  4.19  exercise of those duties; 
  4.20     (16) the current address of a recipient of general 
  4.21  assistance, work readiness, or general assistance medical care 
  4.22  may be disclosed to probation officers and corrections agents 
  4.23  who are supervising the recipient, and to law enforcement 
  4.24  officers who are investigating the recipient in connection with 
  4.25  a felony level offense; 
  4.26     (17) information obtained from food stamp applicant or 
  4.27  recipient households may be disclosed to local, state, or 
  4.28  federal law enforcement officials, upon their written request, 
  4.29  for the purpose of investigating an alleged violation of the 
  4.30  food stamp act, in accordance with Code of Federal Regulations, 
  4.31  title 7, section 272.1(c); 
  4.32     (18) the address, social security number, and, if 
  4.33  available, photograph of any member of a household receiving 
  4.34  food stamps shall be made available, on request, to a local, 
  4.35  state, or federal law enforcement officer if the officer 
  4.36  furnishes the agency with the name of the member and notifies 
  5.1   the agency that:  
  5.2      (i) the member: 
  5.3      (A) is fleeing to avoid prosecution, or custody or 
  5.4   confinement after conviction, for a crime or attempt to commit a 
  5.5   crime that is a felony in the jurisdiction the member is 
  5.6   fleeing; 
  5.7      (B) is violating a condition of probation or parole imposed 
  5.8   under state or federal law; or 
  5.9      (C) has information that is necessary for the officer to 
  5.10  conduct an official duty related to conduct described in 
  5.11  subclause (A) or (B); 
  5.12     (ii) locating or apprehending the member is within the 
  5.13  officer's official duties; and 
  5.14     (iii) the request is made in writing and in the proper 
  5.15  exercise of the officer's official duty; 
  5.16     (19) data on a child support obligor who is in arrears may 
  5.17  be disclosed for purposes of publishing the data pursuant to 
  5.18  section 518.575; 
  5.19     (19) (20) data on child support payments made by a child 
  5.20  support obligor may be disclosed to the obligee; 
  5.21     (20) (21) data in the work reporting system may be 
  5.22  disclosed under section 256.998, subdivision 7; 
  5.23     (21) (22) to the department of children, families, and 
  5.24  learning for the purpose of matching department of children, 
  5.25  families, and learning student data with public assistance data 
  5.26  to determine students eligible for free and reduced price meals, 
  5.27  meal supplements, and free milk pursuant to United States Code, 
  5.28  title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to 
  5.29  produce accurate numbers of students receiving aid to families 
  5.30  with dependent children in effect until January 1, 1998, as 
  5.31  required by section 124.175; and to allocate federal and state 
  5.32  funds that are distributed based on income of the student's 
  5.33  family; or 
  5.34     (22) (23) the current address and telephone number of 
  5.35  program recipients and emergency contacts may be released to the 
  5.36  commissioner of health or a local board of health as defined in 
  6.1   section 145A.02, subdivision 2, when the commissioner or local 
  6.2   board of health has reason to believe that a program recipient 
  6.3   is a disease case, carrier, suspect case, or at risk of illness, 
  6.4   and the data are necessary to locate the person. 
  6.5      (b) Information on persons who have been treated for drug 
  6.6   or alcohol abuse may only be disclosed in accordance with the 
  6.7   requirements of Code of Federal Regulations, title 42, sections 
  6.8   2.1 to 2.67. 
  6.9      (c) Data provided to law enforcement agencies under 
  6.10  paragraph (a), clause (15), (16), or (17), or (18), or paragraph 
  6.11  (b), are investigative data and are confidential or protected 
  6.12  nonpublic while the investigation is active.  The data are 
  6.13  private after the investigation becomes inactive under section 
  6.14  13.82, subdivision 5, paragraph (a) or (b). 
  6.15     (d) Mental health data shall be treated as provided in 
  6.16  subdivisions 7, 8, and 9, but is not subject to the access 
  6.17  provisions of subdivision 10, paragraph (b). 
  6.18     Sec. 3.  Minnesota Statutes 1996, section 13.54, is amended 
  6.19  by adding a subdivision to read: 
  6.20     Subd. 6.  [LAW ENFORCEMENT ACCESS TO CERTAIN DATA.] A 
  6.21  public housing agency that enters a contract for assistance 
  6.22  under United States Code, title 42, sections 1437 to 1440, shall 
  6.23  furnish a local, state, or federal law enforcement officer, upon 
  6.24  the officer's request, with the current address, social security 
  6.25  number, and photograph, if available, of a recipient of 
  6.26  assistance under United States Code, title 42, sections 1437 to 
  6.27  1440, if the officer: 
  6.28     (1) provides the name of the recipient to the housing 
  6.29  agency; and 
  6.30     (2) notifies the agency that: 
  6.31     (i) the recipient: 
  6.32     (A) is fleeing to avoid prosecution, or custody or 
  6.33  confinement after conviction, under the laws of the jurisdiction 
  6.34  from which the individual is fleeing, for a crime which is a 
  6.35  felony under the laws of that jurisdiction; 
  6.36     (B) is violating a condition of probation or parole imposed 
  7.1   under state or federal law; or 
  7.2      (C) has information necessary for the officer to conduct 
  7.3   the officer's official duties; 
  7.4      (ii) the location or apprehension of the individual is 
  7.5   within the officer's official duties; and 
  7.6      (iii) the request is made in writing and in the proper 
  7.7   exercise of the officer's official duties. 
  7.8      Sec. 4.  Minnesota Statutes 1996, section 13.65, 
  7.9   subdivision 2, is amended to read: 
  7.10     Subd. 2.  [CONFIDENTIAL DATA; PROTECTED NONPUBLIC DATA.] 
  7.11  The following data created, collected and maintained by the 
  7.12  office of the attorney general are classified as confidential, 
  7.13  pursuant to section 13.02, subdivision 3, or as protected 
  7.14  nonpublic, pursuant to section 13.02, subdivision 13:  
  7.15     (1) data acquired through communications made in official 
  7.16  confidence to members of the attorney general's staff where the 
  7.17  public interest would suffer by disclosure of the data; and 
  7.18     (2) communications and noninvestigative files regarding 
  7.19  administrative or policy matters which do not evidence final 
  7.20  public actions, except that the office of the attorney general 
  7.21  may disclose any such data to any person, agency, or the public. 
  7.22     Sec. 5.  Minnesota Statutes 1996, section 13.87, 
  7.23  subdivision 2, is amended to read: 
  7.24     Subd. 2.  [CLASSIFICATION.] Criminal history data 
  7.25  maintained by agencies, political subdivisions and statewide 
  7.26  systems are classified as private, pursuant to section 13.02, 
  7.27  subdivision 12, except that data created, collected, or 
  7.28  maintained by the bureau of criminal apprehension that identify 
  7.29  an individual who was convicted of a crime and the offense of 
  7.30  which the individual was convicted are public data for 15 years 
  7.31  following the discharge of the sentence imposed for the offense. 
  7.32     The bureau of criminal apprehension shall provide to the 
  7.33  public at the central office of the bureau the ability to 
  7.34  inspect in person, at no charge, through a computer monitor the 
  7.35  criminal conviction data classified as public under this 
  7.36  subdivision.  By July 1, 1999, the bureau also shall make these 
  8.1   data available through the Internet. 
  8.2      Sec. 6.  Minnesota Statutes 1996, section 13.99, is amended 
  8.3   by adding a subdivision to read: 
  8.4      Subd. 6e.  [AGRICULTURAL COMMODITIES PROMOTION 
  8.5   COUNCIL.] Financial information on producers of agricultural 
  8.6   commodities that is provided to the agricultural commodities 
  8.7   promotion council is governed by section 17.62. 
  8.8      Sec. 7.  Minnesota Statutes 1996, section 13.99, is amended 
  8.9   by adding a subdivision to read: 
  8.10     Subd. 13a.  [LICENSED CURRENCY EXCHANGES.] Financial 
  8.11  information in annual reports submitted to the commissioner of 
  8.12  commerce by currency exchanges is classified in section 53A.081, 
  8.13  subdivision 4. 
  8.14     Sec. 8.  Minnesota Statutes 1996, section 13.99, is amended 
  8.15  by adding a subdivision to read: 
  8.16     Subd. 14b.  [MATERIAL TRANSACTION REPORTS.] Reports 
  8.17  required to be filed by insurers regarding certain material 
  8.18  transactions are classified under section 60A.135, subdivision 4.
  8.19     Sec. 9.  Minnesota Statutes 1996, section 13.99, is amended 
  8.20  by adding a subdivision to read: 
  8.21     Subd. 14c.  [RISK-BASED CAPITAL DATA.] Risk-based capital 
  8.22  reports and related reports, data, and orders maintained by the 
  8.23  commissioner of commerce are classified under section 60A.67. 
  8.24     Sec. 10.  Minnesota Statutes 1996, section 13.99, is 
  8.25  amended by adding a subdivision to read: 
  8.26     Subd. 15a.  [VIATICAL SETTLEMENTS DATA.] Viatical 
  8.27  settlements data provided to the commissioner of commerce are 
  8.28  classified under section 60A.968, subdivision 2. 
  8.29     Sec. 11.  Minnesota Statutes 1996, section 13.99, is 
  8.30  amended by adding a subdivision to read: 
  8.31     Subd. 19k.  [PREFERRED PROVIDER AGREEMENTS.] The terms and 
  8.32  conditions of certain preferred provider agreements are 
  8.33  classified in section 62E.13, subdivision 11. 
  8.34     Sec. 12.  Minnesota Statutes 1996, section 13.99, is 
  8.35  amended by adding a subdivision to read: 
  8.36     Subd. 19l.  [MINNESOTA RISK ADJUSTMENT ASSOCIATION.] Data 
  9.1   privacy issues concerning the Minnesota risk adjustment 
  9.2   association are governed by section 62Q.03, subdivision 9. 
  9.3      Sec. 13.  Minnesota Statutes 1996, section 13.99, 
  9.4   subdivision 53b, is amended to read: 
  9.5      Subd. 53b.  [VETERINARY RECORDS.] Veterinary records on 
  9.6   clients when a veterinarian is under investigation are 
  9.7   classified under section 156.082.  Records on the veterinarian 
  9.8   are classified under section 156.125. 
  9.9      Sec. 14.  Minnesota Statutes 1996, section 13.99, is 
  9.10  amended by adding a subdivision to read: 
  9.11     Subd. 59b.  [IDENTITY OF EMPLOYEES MAKING COMPLAINTS.] The 
  9.12  disclosure of the identity of employees making certain 
  9.13  complaints is governed by section 181.932, subdivision 2. 
  9.14     Sec. 15.  Minnesota Statutes 1996, section 13.99, is 
  9.15  amended by adding a subdivision to read: 
  9.16     Subd. 63a.  [REGISTERED VOTER LISTS.] Access to registered 
  9.17  voter lists is governed by section 201.091. 
  9.18     Sec. 16.  Minnesota Statutes 1996, section 13.99, is 
  9.19  amended by adding a subdivision to read: 
  9.20     Subd. 95a.  [MEDICAL EXAMINER INVESTIGATIONS.] Certain data 
  9.21  on deceased persons collected or created by the Hennepin county 
  9.22  medical examiner are classified under section 383B.225. 
  9.23     Sec. 17.  Minnesota Statutes 1996, section 123.70, 
  9.24  subdivision 5, is amended to read: 
  9.25     Subd. 5.  If a person transfers from one elementary or 
  9.26  secondary school to another, the person shall be allowed school 
  9.27  board of a public school district or the administrator of a 
  9.28  nonpublic school may allow the person up to a maximum of 30 days 
  9.29  to submit one or more of the statements as specified in 
  9.30  subdivision 1 or 3, during which time the person may enroll in 
  9.31  and attend the school.  If a person enrolls in a child care 
  9.32  facility in which at least 75 percent of children in the 
  9.33  facility participate on a one-time only or occasional basis to a 
  9.34  maximum of 45 hours per child, per month, or is placed in a 
  9.35  facility by a crisis nursery, the person shall be exempt from 
  9.36  all requirements of this section for up to five consecutive 
 10.1   days, starting from the first day of attendance. 
 10.2      Sec. 18.  Minnesota Statutes 1996, section 123.70, 
 10.3   subdivision 7, is amended to read: 
 10.4      Subd. 7.  Each school or child care facility shall maintain 
 10.5   on file immunization records for all persons in attendance that 
 10.6   contain the information required by subdivisions 1, 2, and 3.  
 10.7   The school shall maintain the records for at least five years 
 10.8   after the person attains the age of majority.  The department of 
 10.9   health and the board of health, as defined in section 145A.02, 
 10.10  subdivision 2, in whose jurisdiction the school or child care 
 10.11  facility is located, shall have access to the files maintained 
 10.12  pursuant to this subdivision.  When a person transfers to 
 10.13  another elementary or secondary school or child care facility, 
 10.14  the administrator or other person having general control and 
 10.15  supervision of the school or child care facility shall assist 
 10.16  the person's parent or guardian in the transfer of the 
 10.17  immunization file to the person's new school or child care 
 10.18  facility within 30 days of the transfer.  Upon the request of a 
 10.19  public or private post-secondary educational institution, as 
 10.20  defined in section 135A.14, the administrator or other person 
 10.21  having general control or supervision of a school shall assist 
 10.22  in the transfer of a student's immunization file to the 
 10.23  post-secondary institution. 
 10.24     Sec. 19.  Minnesota Statutes 1996, section 123.70, 
 10.25  subdivision 10, is amended to read: 
 10.26     Subd. 10.  A statement required to be submitted under 
 10.27  subdivisions 1, 2, and 4 to document evidence of immunization 
 10.28  shall include month, day, and year for immunizations 
 10.29  administered after January 1, 1990.  
 10.30     (a) For persons enrolled in grades 7 and 12 during the 
 10.31  1996-1997 school term, the statement must indicate that the 
 10.32  person has received a dose of tetanus and diphtheria toxoid no 
 10.33  earlier than 11 years of age. 
 10.34     (b) Except as specified in paragraph (e), for persons 
 10.35  enrolled in grades 7, 8, and 12 during the 1997-1998 school 
 10.36  term, the statement must indicate that the person has received a 
 11.1   dose of tetanus and diphtheria toxoid no earlier than 11 years 
 11.2   of age.  
 11.3      (c) Except as specified in paragraph (e), for persons 
 11.4   enrolled in grades 7, 8, 9, and through 12 during the 1998-1999 
 11.5   school term and for each year thereafter, the statement must 
 11.6   indicate that the person has received a dose of tetanus and 
 11.7   diphtheria toxoid no earlier than 11 years of age.  
 11.8      (d) for persons enrolled in grades 7, 8, 9, 10, and 12 
 11.9   during the 1999-2000 school term, the statement must indicate 
 11.10  that the person has received a dose of tetanus and diphtheria 
 11.11  toxoid no earlier than 11 years of age.  
 11.12     (e) for persons enrolled in grades 7 through 12 during the 
 11.13  2000-2001 school term and for each year thereafter, the 
 11.14  statement must indicate that the person has received a dose of 
 11.15  tetanus and diphtheria toxoid no earlier than 11 years of age. 
 11.16     (f) (d) For persons enrolled in grades 7 through 12 during 
 11.17  the 1996-1997 school year and for each year thereafter, the 
 11.18  statement must indicate that the person has received at least 
 11.19  two doses of vaccine against measles, mumps, and rubella, given 
 11.20  alone or separately and given not less than one month apart. 
 11.21     (e) A person who has received at least three doses of 
 11.22  tetanus and diphtheria toxoids, with the most recent dose given 
 11.23  after age six and before age 11, is not required to have 
 11.24  additional immunization against diphtheria and tetanus until ten 
 11.25  years have elapsed from the person's most recent dose of tetanus 
 11.26  and diphtheria toxoid. 
 11.27     Sec. 20.  Minnesota Statutes 1996, section 144.225, 
 11.28  subdivision 2, is amended to read: 
 11.29     Subd. 2.  [DATA ABOUT BIRTHS.] (a) Except as otherwise 
 11.30  provided in this subdivision, data pertaining to the birth of a 
 11.31  child, to a woman who was not married to the child's father when 
 11.32  the child was conceived nor when the child was born, including 
 11.33  the original certificate of birth and the certified copy, are 
 11.34  confidential data.  At the time of the birth of a child to a 
 11.35  woman who was not married to the child's father when the child 
 11.36  was conceived nor when the child was born, the mother may 
 12.1   designate on the birth registration form whether data pertaining 
 12.2   to the birth will be public data.  Notwithstanding the 
 12.3   designation of the data as confidential, it may be disclosed to 
 12.4   a parent or guardian of the child, to the child when the child 
 12.5   is 18 years of age or older, pursuant to a court order, or under 
 12.6   paragraph (b). 
 12.7      (b) Unless the child is adopted, data pertaining to the 
 12.8   birth of a child that are not accessible to the public become 
 12.9   public data if 100 years have elapsed since the birth of the 
 12.10  child who is the subject of the data, or as provided under 
 12.11  section 13.10, whichever occurs first. 
 12.12     (c) If a child is adopted, data pertaining to the child's 
 12.13  birth are governed by the provisions relating to adoption 
 12.14  records, including sections 13.10, subdivision 5; 144.1761; 
 12.15  144.218, subdivision 1; and 259.89.  The birth and death records 
 12.16  of the commissioner of health shall be open to inspection by the 
 12.17  commissioner of human services and it shall not be necessary for 
 12.18  the commissioner of human services to obtain an order of the 
 12.19  court in order to inspect records or to secure certified copies 
 12.20  of them.  
 12.21     (d) The name and address of a mother under paragraph (a) 
 12.22  and the child's date of birth may be disclosed to the county 
 12.23  social services or public health member of a family services 
 12.24  collaborative for purposes of providing services under section 
 12.25  121.8355.  The county social services or public health member 
 12.26  may disclose the data to a representative of the family services 
 12.27  collaborative who is assisting them in providing services to the 
 12.28  mother. 
 12.29     Sec. 21.  Minnesota Statutes 1996, section 144.29, is 
 12.30  amended to read: 
 12.31     144.29 [HEALTH RECORDS; CHILDREN OF SCHOOL AGE.] 
 12.32     It shall be the duty of every school nurse, school 
 12.33  physician, school attendance officer, superintendent of schools, 
 12.34  principal, teacher, and of the persons charged with the duty of 
 12.35  compiling and keeping the school census records, to cause a 
 12.36  permanent public health record to be kept for each child of 
 13.1   school age.  Such record shall be kept in such form that it may 
 13.2   be transferred with the child to any school which the child 
 13.3   shall attend within the state and transferred to the 
 13.4   commissioner when the child ceases to attend school.  It shall 
 13.5   contain a record of such health matters as shall be prescribed 
 13.6   by the commissioner, and of all mental and physical defects and 
 13.7   handicaps which might permanently cripple or handicap the 
 13.8   child student health data as defined in section 13.32, 
 13.9   subdivision 2, paragraph (a), and shall be classified as private 
 13.10  data as defined in section 13.32, subdivision 3.  Nothing in 
 13.11  sections 144.29 to 144.32 shall be construed to require any 
 13.12  child whose parent or guardian objects in writing thereto to 
 13.13  undergo a physical or medical examination or treatment.  A copy 
 13.14  shall be forwarded to the proper department of any state to 
 13.15  which the child shall remove.  Each district shall assign a 
 13.16  teacher, school nurse, or other professional person to review, 
 13.17  at the beginning of each school year, the health record of all 
 13.18  pupils under the assignee's direction.  Growth, results of 
 13.19  vision and hearing screening, and findings obtained from health 
 13.20  assessments must be entered periodically on the pupil's health 
 13.21  record. 
 13.22     Sec. 22.  Minnesota Statutes 1996, section 144.335, 
 13.23  subdivision 3a, is amended to read: 
 13.24     Subd. 3a.  [PATIENT CONSENT TO RELEASE OF RECORDS; 
 13.25  LIABILITY.] (a) A provider, or a person who receives health 
 13.26  records from a provider, may not release a patient's health 
 13.27  records to a person without a signed and dated consent from the 
 13.28  patient or the patient's legally authorized representative 
 13.29  authorizing the release, unless the release is specifically 
 13.30  authorized by law.  Except as provided in paragraph (c) or (d), 
 13.31  a consent is valid for one year or for a lesser period specified 
 13.32  in the consent or for a different period provided by law.  
 13.33     (b) This subdivision does not prohibit the release of 
 13.34  health records: 
 13.35     (1) for a medical emergency when the provider is unable to 
 13.36  obtain the patient's consent due to the patient's condition or 
 14.1   the nature of the medical emergency; or 
 14.2      (2) to other providers within related health care entities 
 14.3   when necessary for the current treatment of the patient. 
 14.4      (c) Notwithstanding paragraph (a), if a patient explicitly 
 14.5   gives informed consent to the release of health records for the 
 14.6   purposes and pursuant to the restrictions in clauses (1) and 
 14.7   (2), the consent does not expire after one year for: 
 14.8      (1) the release of health records to a provider who is 
 14.9   being advised or consulted with in connection with the current 
 14.10  treatment of the patient; 
 14.11     (2) the release of health records to an accident and health 
 14.12  insurer, health service plan corporation, health maintenance 
 14.13  organization, or third-party administrator for purposes of 
 14.14  payment of claims, fraud investigation, or quality of care 
 14.15  review and studies, provided that: 
 14.16     (i) the use or release of the records complies with 
 14.17  sections 72A.49 to 72A.505; 
 14.18     (ii) further use or release of the records in individually 
 14.19  identifiable form to a person other than the patient without the 
 14.20  patient's consent is prohibited; and 
 14.21     (iii) the recipient establishes adequate safeguards to 
 14.22  protect the records from unauthorized disclosure, including a 
 14.23  procedure for removal or destruction of information that 
 14.24  identifies the patient. 
 14.25     (d) Notwithstanding paragraph (a), health records may be 
 14.26  released to a researcher solely for purposes of medical or 
 14.27  scientific research only as follows: 
 14.28     (1) health records generated before January 1, 1997, may be 
 14.29  released if the patient has not objected or does not elect to 
 14.30  object after that date; 
 14.31     (2) for health records generated on or after January 1, 
 14.32  1997, the provider must: 
 14.33     (i) disclose in writing to patients currently being treated 
 14.34  by the provider that health records, regardless of when 
 14.35  generated, may be released and that the patient may object, in 
 14.36  which case the records will not be released; and 
 15.1      (ii) use reasonable efforts as defined in Minnesota Rules, 
 15.2   part 1205.1400, subpart 4, item C, to obtain the patient's 
 15.3   written general authorization that describes the release of 
 15.4   records in item (i), which does not expire but may be revoked or 
 15.5   limited in writing at any time by the patient or the patient's 
 15.6   authorized representative; and 
 15.7      (3) the provider must, at the request of the patient, 
 15.8   provide information on how the patient may contact an external 
 15.9   researcher to whom the health record was released and the date 
 15.10  it was released. 
 15.11     In making a release for research purposes the provider 
 15.12  shall make a reasonable effort to determine that: 
 15.13     (i) the use or disclosure does not violate any limitations 
 15.14  under which the record was collected; 
 15.15     (ii) the use or disclosure in individually identifiable 
 15.16  form is necessary to accomplish the research or statistical 
 15.17  purpose for which the use or disclosure is to be made; 
 15.18     (iii) the recipient has established and maintains adequate 
 15.19  safeguards to protect the records from unauthorized disclosure, 
 15.20  including a procedure for removal or destruction of information 
 15.21  that identifies the patient; and 
 15.22     (iv) further use or release of the records in individually 
 15.23  identifiable form to a person other than the patient without the 
 15.24  patient's consent is prohibited.  
 15.25     (e) A person who negligently or intentionally releases a 
 15.26  health record in violation of this subdivision, or who forges a 
 15.27  signature on a consent form, or who obtains under false 
 15.28  pretenses the consent form or health records of another person, 
 15.29  or who, without the person's consent, alters a consent form, is 
 15.30  liable to the patient for compensatory damages caused by an 
 15.31  unauthorized release, plus costs and reasonable attorney's fees. 
 15.32     (f) Upon the written request of a spouse, parent, child, or 
 15.33  sibling of a patient being evaluated for or diagnosed with 
 15.34  mental illness, a provider shall inquire of a patient whether 
 15.35  the patient wishes to authorize a specific individual to receive 
 15.36  information regarding the patient's current and proposed course 
 16.1   of treatment.  If the patient so authorizes, the provider shall 
 16.2   communicate to the designated individual the patient's current 
 16.3   and proposed course of treatment.  Paragraph (a) applies to 
 16.4   consents given under this paragraph. 
 16.5      (g) In cases where a provider releases health records 
 16.6   without patient consent as authorized by law, the release must 
 16.7   be documented in the patient's health record. 
 16.8      Sec. 23.  Minnesota Statutes 1996, section 144.335, is 
 16.9   amended by adding a subdivision to read: 
 16.10     Subd. 5b.  [DESTRUCTION OF RECORDS ON DECEASED 
 16.11  PATIENTS.] Except as provided in section 145.32, a provider may 
 16.12  destroy health records on a patient if at least seven years have 
 16.13  elapsed since the death of the patient. 
 16.14     Sec. 24.  Minnesota Statutes 1996, section 201.091, 
 16.15  subdivision 4, is amended to read: 
 16.16     Subd. 4.  [PUBLIC INFORMATION LISTS.] The county auditor 
 16.17  shall make available for inspection a public information list 
 16.18  which must contain the name, address, year of birth, and voting 
 16.19  history of each registered voter in the county, except as 
 16.20  otherwise provided by this subdivision.  The list shall omit the 
 16.21  residence address of a licensed peace officer or a judge who 
 16.22  requests the county auditor to omit the individual's residence 
 16.23  address from the public information list.  The telephone number 
 16.24  must be included on the list if provided by the voter.  The 
 16.25  public information list may also include information on voting 
 16.26  districts.  The county auditor may adopt reasonable rules 
 16.27  governing access to the list.  No individual inspecting the 
 16.28  public information list shall tamper with or alter it in any 
 16.29  manner.  No individual who inspects the public information list 
 16.30  or who acquires a list of registered voters prepared from the 
 16.31  public information list may use any information contained in the 
 16.32  list for purposes unrelated to elections, political activities, 
 16.33  or law enforcement.  The secretary of state may provide copies 
 16.34  of the public information lists and other information from the 
 16.35  statewide registration system for uses related to elections, 
 16.36  political activities, or in response to a law enforcement 
 17.1   inquiry from a public official concerning a failure to comply 
 17.2   with any criminal statute or any state or local tax statute. 
 17.3      Before inspecting the public information list or obtaining 
 17.4   a list of voters or other information from the list, the 
 17.5   individual shall provide identification to the public official 
 17.6   having custody of the public information list and shall state in 
 17.7   writing that any information obtained from the list will not be 
 17.8   used for purposes unrelated to elections, political activities, 
 17.9   or law enforcement.  Requests to examine or obtain information 
 17.10  from the public information lists or the statewide registration 
 17.11  system must be made and processed in the manner provided in the 
 17.12  rules of the secretary of state. 
 17.13     Upon receipt of a written request and a copy of the court 
 17.14  order, the secretary of state may withhold from the public 
 17.15  information list the name of any registered voter placed under 
 17.16  court-ordered protection. 
 17.17     Sec. 25.  [214.065] [WITHHOLDING ACCESS TO CERTAIN 
 17.18  ADDRESSES AND TELEPHONE NUMBERS.] 
 17.19     (a) Notwithstanding section 13.41, subdivision 2 or 4, the 
 17.20  health-related licensing boards may withhold the residence 
 17.21  address and telephone number of an applicant or licensee if the 
 17.22  applicant or licensee so requests. 
 17.23     (b) An applicant or licensee making a request under 
 17.24  paragraph (a) shall include a designated alternate address and 
 17.25  telephone number. 
 17.26     Sec. 26.  Minnesota Statutes 1996, section 214.10, 
 17.27  subdivision 1, is amended to read: 
 17.28     Subdivision 1.  [RECEIPT OF COMPLAINT; NOTICE.] The 
 17.29  executive director or executive secretary of a board, a board 
 17.30  member or any other person who performs services for the board 
 17.31  who receives a complaint or other communication, whether oral or 
 17.32  written, which complaint or communication alleges or implies a 
 17.33  violation of a statute or rule which the board is empowered to 
 17.34  enforce, shall promptly forward the substance of the 
 17.35  communication on a form prepared by the attorney general to the 
 17.36  designee of the attorney general responsible for providing legal 
 18.1   services to the board.  Before proceeding further with the 
 18.2   communication, the designee of the attorney general may require 
 18.3   the complaining party to state the complaint in writing on a 
 18.4   form prepared by the attorney general.  Complaints which relate 
 18.5   to matters within the jurisdiction of another governmental 
 18.6   agency shall be forwarded to that agency by the executive 
 18.7   director or executive secretary.  An officer of that agency 
 18.8   shall advise the executive director or executive secretary of 
 18.9   the disposition of that complaint.  A complaint received by 
 18.10  another agency which relates to a statute or rule which a 
 18.11  licensing board is empowered to enforce shall be forwarded to 
 18.12  the executive director or executive secretary of the board to be 
 18.13  processed in accordance with this section.  No complaint 
 18.14  alleging a matter within the jurisdiction of the board shall be 
 18.15  dismissed by a board unless at least two board members have 
 18.16  reviewed the matter.  If a board makes a determination to 
 18.17  investigate a complaint, it shall notify a licensee who is the 
 18.18  subject of an investigation that an investigation has been 
 18.19  initiated at a time when such notice will not compromise the 
 18.20  investigation.  
 18.21     Sec. 27.  Minnesota Statutes 1996, section 260.161, 
 18.22  subdivision 1a, is amended to read: 
 18.23     Subd. 1a.  [RECORD OF FINDINGS.] (a) The juvenile court 
 18.24  shall forward to the bureau of criminal apprehension the 
 18.25  following data in juvenile petitions involving felony- or gross 
 18.26  misdemeanor-level offenses: 
 18.27     (1) the name and birthdate of the juvenile, including any 
 18.28  of the juvenile's known aliases or street names; 
 18.29     (2) the act for which the juvenile was petitioned and date 
 18.30  of the offense; and 
 18.31     (3) the date and county where the petition was filed. 
 18.32     (b) Upon completion of the court proceedings, the court 
 18.33  shall forward the court's finding and case disposition to the 
 18.34  bureau.  Notwithstanding section 138.17, if the petition was 
 18.35  dismissed or the juvenile was not found to have committed a 
 18.36  gross misdemeanor or felony-level offense, the bureau and a 
 19.1   person who received the data from the bureau shall destroy all 
 19.2   data relating to the petition collected under paragraph (a).  
 19.3   The bureau shall notify a person who received the data that the 
 19.4   data must be destroyed. 
 19.5      (c) The bureau shall retain data on a juvenile found to 
 19.6   have committed a felony- or gross misdemeanor-level offense 
 19.7   until the offender reaches the age of 28.  If the offender 
 19.8   commits a felony violation as an adult, the bureau shall retain 
 19.9   the data for as long as the data would have been retained if the 
 19.10  offender had been an adult at the time of the juvenile offense.  
 19.11  The court shall specify whether the: 
 19.12     (1) juvenile was referred to a diversion program; 
 19.13     (2) petition was dismissed, continued for dismissal, or 
 19.14  continued without adjudication; or 
 19.15     (3) juvenile was adjudicated delinquent. 
 19.16     (d) (c) The juvenile court shall forward to the bureau, the 
 19.17  sentencing guidelines commission, and the department of 
 19.18  corrections the following data on individuals convicted as 
 19.19  extended jurisdiction juveniles: 
 19.20     (1) the name and birthdate of the offender, including any 
 19.21  of the juvenile's known aliases or street names; 
 19.22     (2) the crime committed by the offender and the date of the 
 19.23  crime; 
 19.24     (3) the date and county of the conviction; and 
 19.25     (4) the case disposition. 
 19.26     The court shall notify the bureau, the sentencing 
 19.27  guidelines commission, and the department of corrections 
 19.28  whenever it executes an extended jurisdiction juvenile's adult 
 19.29  sentence under section 260.126, subdivision 5. 
 19.30     (e) (d) The bureau, sentencing guidelines commission, and 
 19.31  the department of corrections shall retain the extended 
 19.32  jurisdiction juvenile data for as long as the data would have 
 19.33  been retained if the offender had been an adult at the time of 
 19.34  the offense.  Data retained on individuals under this 
 19.35  subdivision are private data under section 13.02, except that 
 19.36  extended jurisdiction juvenile data becomes public data under 
 20.1   section 13.87, subdivision 2, when the juvenile court notifies 
 20.2   the bureau that the individual's adult sentence has been 
 20.3   executed under section 260.126, subdivision 5. 
 20.4      Sec. 28.  Minnesota Statutes 1996, section 270.66, 
 20.5   subdivision 3, is amended to read: 
 20.6      Subd. 3.  [AGENCIES SHALL MAINTAIN RECORDS.] 
 20.7   Notwithstanding any provision to the contrary, every person, 
 20.8   organization, or corporation doing business (hereafter called 
 20.9   vendor) with the state of Minnesota or any of its departments, 
 20.10  agencies, or educational institutions including the University 
 20.11  of Minnesota (all hereafter called agency) shall provide that 
 20.12  agency with either their social security number, federal 
 20.13  taxpayer identification number, or Minnesota tax identification 
 20.14  number.  The commissioner may verify to the agency the 
 20.15  identifying information provided by a vendor.  The agency shall 
 20.16  maintain records of this information, and shall make these 
 20.17  records available, on request, to the commissioner for the sole 
 20.18  purpose of identifying people who have not filed state tax 
 20.19  returns or who have not paid uncontested state tax liabilities 
 20.20  (hereafter called delinquent taxpayer).  When an agency is 
 20.21  notified by the commissioner that a vendor is a delinquent 
 20.22  taxpayer, payments shall not be made by the agency to the vendor 
 20.23  until the commissioner notifies the agency that the vendor no 
 20.24  longer is a delinquent taxpayer.  Furthermore, if the vendor has 
 20.25  an uncontested delinquent tax liability, the setoff provided in 
 20.26  subdivision 1 may be implemented.  The commissioner shall 
 20.27  determine that a vendor no longer is a delinquent taxpayer when 
 20.28  the vendor has filed all delinquent state tax returns, paid all 
 20.29  uncontested state tax liabilities or entered into an agreement 
 20.30  with the commissioner which provides for the payment of these 
 20.31  liabilities.  
 20.32     Sec. 29.  Minnesota Statutes 1996, section 270B.01, 
 20.33  subdivision 8, is amended to read: 
 20.34     Subd. 8.  [MINNESOTA TAX LAWS.] For purposes of this 
 20.35  chapter only, "Minnesota tax laws" means the taxes, refunds, and 
 20.36  fees administered by or paid to the commissioner under 
 21.1   chapters 115B (except taxes imposed under sections 115B.21 to 
 21.2   115B.24), 289A (except taxes imposed under sections 298.01, 
 21.3   298.015, and 298.24), 290, 290A, 291, and 297A and sections 
 21.4   295.50 to 295.59, or any similar Indian tribal tax administered 
 21.5   by the commissioner pursuant to any tax agreement between the 
 21.6   state and the Indian tribal government, and includes any laws 
 21.7   for the assessment, collection, and enforcement of those taxes, 
 21.8   refunds, and fees. 
 21.9      Sec. 30.  Minnesota Statutes 1996, section 270B.03, 
 21.10  subdivision 1, is amended to read: 
 21.11     Subdivision 1.  [WHO MAY INSPECT.] Returns and return 
 21.12  information must, on written request, be made open to inspection 
 21.13  by or disclosure to the data subject.  For purposes of this 
 21.14  chapter, the following are the data subject: 
 21.15     (1) in the case of an individual return, that individual; 
 21.16     (2) in the case of an income tax return filed jointly, 
 21.17  either of the individuals with respect to whom the return is 
 21.18  filed; 
 21.19     (3) in the case of a partnership return, any person who was 
 21.20  a member of the partnership during any part of the period 
 21.21  covered by the return; 
 21.22     (4) in the case of the return of a corporation or its 
 21.23  subsidiary: 
 21.24     (i) any person designated by resolution of the board of 
 21.25  directors or other similar governing body; 
 21.26     (ii) any officer or employee of the corporation upon 
 21.27  written request signed by any officer and attested to by the 
 21.28  secretary or another officer; 
 21.29     (iii) any bona fide shareholder of record owning one 
 21.30  percent or more of the outstanding stock of the corporation; 
 21.31     (iv) if the corporation is a corporation that has made an 
 21.32  election under section 1362 of the Internal Revenue Code of 
 21.33  1986, as amended through December 31, 1988, any person who was a 
 21.34  shareholder during any part of the period covered by the return 
 21.35  during which an election was in effect; or 
 21.36     (v) if the corporation has been dissolved, any person 
 22.1   authorized by state law to act for the corporation or any person 
 22.2   who would have been authorized if the corporation had not been 
 22.3   dissolved; 
 22.4      (5) in the case of an estate return: 
 22.5      (i) the personal representative or trustee of the estate; 
 22.6   and 
 22.7      (ii) any heir at law, next of kin, or beneficiary of the 
 22.8   estate, but only if the commissioner finds that the heir at law, 
 22.9   next of kin, or beneficiary has a material interest that will be 
 22.10  affected by information contained in the return; 
 22.11     (6) in the case of a trust return: 
 22.12     (i) the trustee or trustees, jointly or separately; and 
 22.13     (ii) any beneficiary of the trust, but only if the 
 22.14  commissioner finds that the beneficiary has a material interest 
 22.15  that will be affected by information contained in the return; 
 22.16     (7) if liability has been assessed to a transferee under 
 22.17  section 289A.31, subdivision 3, the transferee is the data 
 22.18  subject with regard to the returns and return information 
 22.19  relating to the assessed liability; 
 22.20     (8) in the case of an Indian tribal government or an Indian 
 22.21  tribal government-owned entity, 
 22.22     (i) the chair of the tribal government, or 
 22.23     (ii) any person authorized by the tribal government; and 
 22.24     (9) in the case of a successor as defined in section 
 22.25  270.102, subdivision 1, paragraph (b), the successor is the data 
 22.26  subject and information may be disclosed as provided by section 
 22.27  270.102, subdivision 4.  
 22.28     Sec. 31.  Minnesota Statutes 1996, section 270B.03, 
 22.29  subdivision 3, is amended to read: 
 22.30     Subd. 3.  [DECEASED INDIVIDUALS.] Notwithstanding section 
 22.31  13.10, a return filed by or on behalf of a decedent is open to 
 22.32  inspection by or disclosure to: 
 22.33     (1) the personal representative of the decedent's estate or 
 22.34  trustee appointed under section 573.02, subdivision 3, or a 
 22.35  similar law of another state; and 
 22.36     (2) any heir at law, next of kin, or beneficiary under the 
 23.1   will of the decedent, or a donee of property, but only if the 
 23.2   commissioner finds that the heir at law, next of kin, 
 23.3   beneficiary, or donee has a material interest that will be 
 23.4   affected by information contained in the return a claimant under 
 23.5   section 290A.18, subdivision 1.  
 23.6      Sec. 32.  Minnesota Statutes 1996, section 270B.03, 
 23.7   subdivision 4, is amended to read: 
 23.8      Subd. 4.  [TITLE 11 OF THE UNITED STATES CODE AND 
 23.9   RECEIVERSHIP PROCEEDINGS.] (a) If the commissioner finds that 
 23.10  the trustee or receiver, in that person's fiduciary capacity, 
 23.11  has a material interest that will be affected by information 
 23.12  contained in the return, A return is open to inspection by or 
 23.13  disclosure to the trustee or receiver if: 
 23.14     (1) there is a trustee in a title 11 (United States 
 23.15  Bankruptcy Code) case in which the debtor is the person with 
 23.16  respect to whom the return is filed; or 
 23.17     (2) substantially all of the property of the person with 
 23.18  respect to whom the return is filed is in the hands of a 
 23.19  receiver. 
 23.20     (b) In an involuntary bankruptcy case of an individual, no 
 23.21  disclosure may be made under paragraph (a) until the order for 
 23.22  relief has been entered by the court having jurisdiction of the 
 23.23  case, unless the court finds that disclosure is appropriate for 
 23.24  purposes of determining whether an order for relief should be 
 23.25  entered. 
 23.26     Sec. 33.  Minnesota Statutes 1996, section 270B.08, 
 23.27  subdivision 1, is amended to read: 
 23.28     Subdivision 1.  [PERMIT INFORMATION.] The commissioner may 
 23.29  disclose to any person making an inquiry regarding the issuance 
 23.30  of a sales tax permit to a specific retailer whether a permit 
 23.31  has been issued to the retailer, the name and address of the 
 23.32  permit holder, the business name and location, the sales and use 
 23.33  tax account number, and the date of issuance of the permit, and 
 23.34  whether the permit has been canceled under section 297A.065. 
 23.35     Sec. 34.  [270B.081] [SALES TAX EXEMPTION CERTIFICATES.] 
 23.36     The commissioner may disclose to any person making inquiry 
 24.1   regarding the issuance of direct pay permits or certificates of 
 24.2   exemption issued by the commissioner to a taxpayer whether the 
 24.3   permit or certificate has been issued to the taxpayer, the 
 24.4   business name and location, the permit or certificate number, 
 24.5   the date of issuance of the permit or certificate, and whether 
 24.6   the certificate is currently valid. 
 24.7      Sec. 35.  Minnesota Statutes 1996, section 270B.085, 
 24.8   subdivision 1, is amended to read: 
 24.9      Subdivision 1.  [SEIZURE INFORMATION.] Following the 
 24.10  execution of a writ of entry under section 16D.08, subdivision 
 24.11  2, or 270.70, the commissioner may disclose information 
 24.12  identifying the individual or business subject to the writ, the 
 24.13  basis for the writ, and the results of the execution, including 
 24.14  lists of property seized. 
 24.15     Sec. 36.  Minnesota Statutes 1996, section 270B.09, is 
 24.16  amended to read: 
 24.17     270B.09 [CONTRACTS WITH THE STATE; SETOFF.] 
 24.18     The commissioner may disclose to the department of finance 
 24.19  or any state agency or political or governmental subdivision of 
 24.20  the state making payment to a vendor as described in section 
 24.21  270.66 or a contractor or subcontractor as described in section 
 24.22  290.97 whether the vendor, contractor, or subcontractor has an 
 24.23  uncontested delinquent tax liability owed to the commissioner 
 24.24  and the amount of any liability.  The commissioner may also 
 24.25  disclose taxpayer identity information to the department of 
 24.26  finance, to the department of human services, to an agency 
 24.27  requesting verification pursuant to section 270.66, subdivision 
 24.28  3, and to the University of Minnesota, solely for vendor setoff 
 24.29  purposes. 
 24.30     Sec. 37.  Minnesota Statutes 1996, section 270B.12, 
 24.31  subdivision 7, is amended to read: 
 24.32     Subd. 7.  [LOTTERY DIVISION.] (a) The commissioner of 
 24.33  revenue may disclose to the lottery the amount of delinquent 
 24.34  state taxes, or debt as defined in section 270A.03, subdivision 
 24.35  5, of a winner of a lottery prize of $1,000 $600 or more, to the 
 24.36  extent necessary to administer section 349A.08, subdivision 8. 
 25.1      (b) The commissioner of revenue may disclose to the lottery 
 25.2   division that a retailer owes $500 or more in delinquent taxes 
 25.3   as defined in section 270.72, to the extent necessary to 
 25.4   administer section 349A.06, subdivision 2.  
 25.5      Sec. 38.  Minnesota Statutes 1996, section 270B.14, 
 25.6   subdivision 1, is amended to read: 
 25.7      Subdivision 1.  [DISCLOSURE TO COMMISSIONER OF HUMAN 
 25.8   SERVICES.] (a) On the request of the commissioner of human 
 25.9   services, the commissioner shall disclose return information 
 25.10  regarding taxes imposed by chapter 290, and claims for refunds 
 25.11  under chapter 290A, to the extent provided in paragraph (b) and 
 25.12  for the purposes set forth in paragraph (c). 
 25.13     (b) Data that may be disclosed are limited to data relating 
 25.14  to the identity, whereabouts, employment, income, and property 
 25.15  of a person owing or alleged to be owing an obligation of child 
 25.16  support. 
 25.17     (c) The commissioner of human services may request data 
 25.18  only for the purposes of carrying out the child support 
 25.19  enforcement program and to assist in the location of parents who 
 25.20  have, or appear to have, deserted their children.  Data received 
 25.21  may be used only as set forth in section 256.978. 
 25.22     (d) The commissioner shall provide the records and 
 25.23  information necessary to administer the supplemental housing 
 25.24  allowance to the commissioner of human services.  
 25.25     (e) At the request of the commissioner of human services, 
 25.26  the commissioner of revenue shall electronically match the 
 25.27  social security numbers and names of participants in the 
 25.28  telephone assistance plan operated under sections 237.69 to 
 25.29  237.711, with those of property tax refund filers, and determine 
 25.30  whether each participant's household income is within the 
 25.31  eligibility standards for the telephone assistance plan. 
 25.32     (f) The commissioner may provide records and information 
 25.33  collected under sections 295.50 to 295.59 to the commissioner of 
 25.34  human services for purposes of the Medicaid Voluntary 
 25.35  Contribution and Provider-Specific Tax Amendments of 1991, 
 25.36  Public Law Number 102-234.  Upon the written agreement by the 
 26.1   United States Department of Health and Human Services to 
 26.2   maintain the confidentiality of the data, the commissioner may 
 26.3   provide records and information collected under sections 295.50 
 26.4   to 295.59 to the Health Care Financing Administration section of 
 26.5   the United States Department of Health and Human Services for 
 26.6   purposes of meeting federal reporting requirements.  
 26.7      (g) The commissioner may provide records and information to 
 26.8   the commissioner of human services as necessary to administer 
 26.9   the early refund of refundable tax credits. 
 26.10     (h) The commissioner may disclose information to the 
 26.11  commissioner of human services necessary to verify income for 
 26.12  eligibility and premium payment under the MinnesotaCare program, 
 26.13  pursuant to section 256.9355, subdivision 2. 
 26.14     Sec. 39.  Minnesota Statutes 1996, section 270B.14, is 
 26.15  amended by adding a subdivision to read: 
 26.16     Subd. 15.  [DISCLOSURE TO COMMISSIONER OF THE POLLUTION 
 26.17  CONTROL AGENCY.] For purposes of administering and enforcing the 
 26.18  dry cleaning and environmental response and reimbursement law of 
 26.19  sections 115B.47 to 115B.51, the commissioner may disclose to 
 26.20  the commissioner of the pollution control agency the names and 
 26.21  addresses of the facilities, owners, and operators collected by 
 26.22  the commissioner under section 115B.49, subdivision 4. 
 26.23     Sec. 40.  Minnesota Statutes 1996, section 270B.14, is 
 26.24  amended by adding a subdivision to read: 
 26.25     Subd. 16.  [DISCLOSURE TO LAW ENFORCEMENT 
 26.26  AUTHORITIES.] Under circumstances involving threat of death or 
 26.27  physical injury to any individual, the commissioner may disclose 
 26.28  return information to the extent necessary to apprise 
 26.29  appropriate federal, state, or local law enforcement authorities 
 26.30  of such circumstances.  Data disclosed under this subdivision 
 26.31  are classified under section 13.82 once they are received by the 
 26.32  law enforcement authority. 
 26.33     Sec. 41.  Minnesota Statutes 1996, section 270B.16, is 
 26.34  amended to read: 
 26.35     270B.16 [DISCOVERY OF REVENUE DATA.] 
 26.36     Notwithstanding any law to the contrary, data collected by 
 27.1   the department of revenue are not subject to discovery or 
 27.2   subpoena in a legal action, other than an action or proceeding 
 27.3   in connection with tax administration, unless disclosure of the 
 27.4   data is authorized under this chapter.  
 27.5      Sec. 42.  Minnesota Statutes 1996, section 287.34, is 
 27.6   amended to read: 
 27.7      287.34 [VIOLATIONS.] 
 27.8      Any person who in any manner knowingly intentionally 
 27.9   attempts to evade the a tax imposed by sections 287.21 to 287.33 
 27.10  this chapter, or who knowingly intentionally aids or abets in 
 27.11  the evasion or attempted evasion of the such tax or who 
 27.12  knowingly violates the provisions of sections 287.21 to 287.33 
 27.13  shall be guilty of a gross misdemeanor.  
 27.14     Sec. 43.  Minnesota Statutes 1996, section 299C.095, is 
 27.15  amended to read: 
 27.16     299C.095 [SYSTEM FOR IDENTIFICATION OF JUVENILE OFFENDERS.] 
 27.17     Subdivision 1.  [ACCESS.] (a) The bureau shall administer 
 27.18  and maintain the computerized juvenile history record system 
 27.19  based on section 260.161 and other statutes requiring the 
 27.20  reporting of data on juveniles.  The data in the system are 
 27.21  private data as defined in section 13.02, subdivision 12, but 
 27.22  are accessible to criminal justice agencies as defined in 
 27.23  section 13.02, subdivision 3a, to all trial courts and appellate 
 27.24  courts, to a person who has access to the juvenile court records 
 27.25  as provided in section 260.161 or under court rule and to 
 27.26  criminal justice agencies in other states in the conduct of 
 27.27  their official duties. 
 27.28     (b) Except for access authorized under paragraph (a), the 
 27.29  bureau shall only disseminate a juvenile adjudication history 
 27.30  record in connection with a background check required by statute 
 27.31  or rule and performed on a licensee, license applicant, or 
 27.32  employment applicant or performed under section 624.713.  A 
 27.33  consent for release of information from an individual who is the 
 27.34  subject of a juvenile adjudication history is not effective and 
 27.35  the bureau shall not release a juvenile adjudication history 
 27.36  record and shall not release information in a manner that 
 28.1   reveals the existence of the record. 
 28.2      Subd. 2.  [RETENTION.] (a) Notwithstanding section 138.17, 
 28.3   the bureau shall retain juvenile history records for the time 
 28.4   periods provided in this subdivision.  Notwithstanding contrary 
 28.5   provisions of paragraphs (b) to (e), all data in a juvenile 
 28.6   history record must be retained for the longest time period 
 28.7   applicable to any item in the individual juvenile history 
 28.8   record.  If, before data are destroyed under this subdivision, 
 28.9   the subject of the data is convicted of a felony as an adult, 
 28.10  the individual's juvenile history record must be retained for 
 28.11  the same time period as an adult criminal history record. 
 28.12     (b) Juvenile history data on a child who was arrested must 
 28.13  be destroyed six months after the arrest if the child has not 
 28.14  been referred to a diversion program and no petition has been 
 28.15  filed against the child by that time. 
 28.16     (c) Juvenile history data on a child against whom a 
 28.17  delinquency petition was filed and subsequently dismissed must 
 28.18  be destroyed upon receiving notice from the court that the 
 28.19  petition was dismissed. 
 28.20     (d) Juvenile history data on a child who was referred to a 
 28.21  diversion program or against whom a delinquency petition has 
 28.22  been filed and continued for dismissal must be destroyed when 
 28.23  the child reaches age 21. 
 28.24     (e) Juvenile history data on a child against whom a 
 28.25  delinquency petition was filed and continued without 
 28.26  adjudication, or a child who was found to have committed a 
 28.27  felony or gross misdemeanor-level offense, must be destroyed 
 28.28  when the child reaches age 28.  If the offender commits a felony 
 28.29  violation as an adult, the bureau shall retain the data for as 
 28.30  long as the data would have been retained if the offender had 
 28.31  been an adult at the time of the juvenile offense. 
 28.32     (f) The bureau shall retain extended jurisdiction juvenile 
 28.33  data on an individual received under section 260.161, 
 28.34  subdivision 1a, paragraph (c), for as long as the data would 
 28.35  have been retained if the offender had been an adult at the time 
 28.36  of the offense. 
 29.1      (g) Data retained on individuals under this subdivision are 
 29.2   private data under section 13.02, except that extended 
 29.3   jurisdiction juvenile data becomes public data under section 
 29.4   13.87, subdivision 2, when the juvenile court notifies the 
 29.5   bureau that the individual's adult sentence has been executed 
 29.6   under section 260.126, subdivision 5. 
 29.7      (h) A person who receives data on a juvenile under 
 29.8   paragraphs (b) to (e) from the bureau shall destroy the data 
 29.9   according to the schedule in this subdivision.  The bureau shall 
 29.10  include a notice of the destruction schedule with all data it 
 29.11  disseminates on juveniles.  
 29.12     Sec. 44.  Minnesota Statutes 1996, section 299C.10, 
 29.13  subdivision 1, is amended to read: 
 29.14     Subdivision 1.  [LAW ENFORCEMENT DUTY.] (a) It is hereby 
 29.15  made the duty of the sheriffs of the respective counties, of the 
 29.16  police officers in cities of the first, second, and third 
 29.17  classes, under the direction of the chiefs of police in such 
 29.18  cities, and of community corrections agencies operating secure 
 29.19  juvenile detention facilities to take or cause to be taken 
 29.20  immediately finger and thumb prints, photographs, distinctive 
 29.21  physical mark identification data, and such other identification 
 29.22  data as may be requested or required by the superintendent of 
 29.23  the bureau; of all the following: 
 29.24     (1) persons arrested for a felony, or gross misdemeanor, of 
 29.25  all; 
 29.26     (2) juveniles committing felonies as distinguished from 
 29.27  those committed by adult offenders, of all; 
 29.28     (3) persons reasonably believed by the arresting officer to 
 29.29  be fugitives from justice, of all; 
 29.30     (4) persons in whose possession, when arrested, are found 
 29.31  concealed firearms or other dangerous weapons, burglar tools or 
 29.32  outfits, high-power explosives, or articles, machines, or 
 29.33  appliances usable for an unlawful purpose and reasonably 
 29.34  believed by the arresting officer to be intended for such 
 29.35  purposes,; and 
 29.36     (5) juveniles referred by a law enforcement agency to a 
 30.1   diversion program for a felony or gross misdemeanor offense. 
 30.2      Within 24 hours thereafter to forward such the fingerprint 
 30.3   records and other identification data specified under this 
 30.4   paragraph must be forwarded to the bureau of criminal 
 30.5   apprehension on such forms and in such manner as may be 
 30.6   prescribed by the superintendent of the bureau of criminal 
 30.7   apprehension. 
 30.8      (b) Effective August 1, 1997, the identification reporting 
 30.9   requirements shall also apply to persons committing targeted 
 30.10  misdemeanor offenses, including violent and enhanceable crimes, 
 30.11  and juveniles committing gross misdemeanors.  In addition, the 
 30.12  reporting requirements shall include any known aliases or street 
 30.13  names of the offenders.  
 30.14     For purposes of this section, a targeted misdemeanor is a 
 30.15  misdemeanor violation of section 169.121 (driving while 
 30.16  intoxicated); 518B.01 (order for protection violation); 609.224 
 30.17  (fifth degree assault); 609.2242 (domestic assault); 609.746 
 30.18  (interference with privacy); 609.748 (harassment or restraining 
 30.19  order violation); or 617.23 (indecent exposure). 
 30.20     Sec. 45.  Minnesota Statutes 1996, section 299C.13, is 
 30.21  amended to read: 
 30.22     299C.13 [INFORMATION FURNISHED TO PEACE OFFICERS.] 
 30.23     Upon receipt of information data as to any arrested person, 
 30.24  the bureau shall immediately ascertain whether the person 
 30.25  arrested has a criminal record or is a fugitive from justice, 
 30.26  and shall at once inform the arresting officer of the facts 
 30.27  ascertained, including references to any adult court disposition 
 30.28  data that is not in the criminal history system.  Upon 
 30.29  application by any sheriff, chief of police, or other peace 
 30.30  officer in the state, or by an officer of the United States or 
 30.31  by an officer of another state, territory, or government duly 
 30.32  authorized to receive the same and effecting reciprocal 
 30.33  interchange of similar information with the division, it shall 
 30.34  be the duty of the bureau to furnish all information in its 
 30.35  possession pertaining to the identification of any person.  If 
 30.36  the bureau has a sealed record on the arrested person, it shall 
 31.1   notify the requesting peace officer of that fact and of the 
 31.2   right to seek a court order to open the record for purposes of 
 31.3   law enforcement.  A criminal justice agency shall be notified, 
 31.4   upon request, of the existence and contents of a sealed record 
 31.5   containing conviction information about an applicant for 
 31.6   employment.  For purposes of this section a "criminal justice 
 31.7   agency" means courts or a government agency that performs the 
 31.8   administration of criminal justice under statutory authority. 
 31.9      Sec. 46.  [PUBLIC DEFENDER ACCESS TO CRIMINAL HISTORY 
 31.10  DATA.] 
 31.11     The criminal and juvenile justice information policy group 
 31.12  shall facilitate remote electronic access to public criminal 
 31.13  history data by public defenders. 
 31.14     Sec. 47.  [REPEALER.] 
 31.15     Minnesota Statutes 1996, sections 13.072, subdivision 3; 
 31.16  13.71, subdivisions 18, 19, 20, and 21; and 13.99, subdivision 
 31.17  21d, are repealed. 
 31.18     Sec. 48.  [EFFECTIVE DATE.] 
 31.19     Sections 28 to 41 are effective the day following final 
 31.20  enactment.  Section 42 is effective for deeds executed and 
 31.21  delivered, and mortgages submitted for recording, on or after 
 31.22  July 1, 1997.