HF 3615

1st Engrossment - 81st Legislature (1999 - 2000)

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

  1.1                          A bill for an act
  1.2             relating to government data practices; making 
  1.3             technical and clarifying changes; providing for 
  1.4             collection of data; classifying data; specifying when 
  1.5             data classified as not public may be disclosed; 
  1.6             directing government entities to appoint or designate 
  1.7             a data practices compliance official; providing 
  1.8             remedies; providing for a National Crime Prevention 
  1.9             and Privacy Compact; specifying the immunity of school 
  1.10            districts, their agents, and employees for using or 
  1.11            sharing certain data on juveniles; amending Minnesota 
  1.12            Statutes 1998, sections 13.01, by adding subdivisions; 
  1.13            13.03, subdivision 5; 13.05, subdivision 3, and by 
  1.14            adding subdivisions; 13.84, subdivisions 5 and 6; 
  1.15            13.87, subdivision 2; 62D.14, by adding a subdivision; 
  1.16            72A.491, subdivision 17; 119A.376, by adding a 
  1.17            subdivision; 119A.44, by adding a subdivision; 
  1.18            119A.50; 124D.16, subdivision 1; 299C.13; and 609.115, 
  1.19            subdivision 5; Minnesota Statutes 1999 Supplement, 
  1.20            sections 13.03, subdivision 3; 13.32, subdivision 7; 
  1.21            13.99, subdivision 19; 119B.011, subdivision 15; 
  1.22            119B.03, subdivision 4; 256.978, subdivision 1; 
  1.23            260B.171, subdivisions 2 and 5; 268.19; and 299C.095, 
  1.24            subdivision 1; Laws 1999, chapter 216, article 2, 
  1.25            section 27, subdivision 1, and by adding subdivisions; 
  1.26            proposing coding for new law in Minnesota Statutes, 
  1.27            chapters 13; 62D; and 299C; repealing Minnesota 
  1.28            Statutes 1998, section 62D.14, subdivision 4. 
  1.29  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.30     Section 1.  Minnesota Statutes 1998, section 13.01, is 
  1.31  amended by adding a subdivision to read: 
  1.32     Subd. 4.  [HEADNOTES.] The headnotes printed in boldface 
  1.33  type before paragraphs in this chapter are mere catchwords to 
  1.34  indicate the content of a paragraph and are not part of the 
  1.35  statute. 
  1.36     Sec. 2.  Minnesota Statutes 1998, section 13.01, is amended 
  1.37  by adding a subdivision to read: 
  2.1      Subd. 5.  [PROVISIONS CODED IN OTHER CHAPTERS.] (a) The 
  2.2   sections referenced in this chapter that are codified outside 
  2.3   this chapter classify government data as other than public, 
  2.4   place restrictions on access to government data, or involve data 
  2.5   sharing.  
  2.6      (b) Those sections are governed by the definitions and 
  2.7   general provisions in sections 13.01 to 13.07, and the remedies 
  2.8   and penalties provided in sections 13.08 and 13.09 apply to 
  2.9   those sections, except: 
  2.10     (1) for records of the judiciary, as provided in section 
  2.11  13.90; or 
  2.12     (2) as specifically provided otherwise by law. 
  2.13     Sec. 3.  Minnesota Statutes 1999 Supplement, section 13.03, 
  2.14  subdivision 3, is amended to read: 
  2.15     Subd. 3.  [REQUEST FOR ACCESS TO DATA.] (a) Upon request to 
  2.16  a responsible authority or designee, a person shall be permitted 
  2.17  to inspect and copy public government data at reasonable times 
  2.18  and places, and, upon request, shall be informed of the data's 
  2.19  meaning.  If a person requests access for the purpose of 
  2.20  inspection, the responsible authority may not assess a charge or 
  2.21  require the requesting person to pay a fee to inspect data.  
  2.22     (b) For purposes of this section, "inspection" includes, 
  2.23  but is not limited to, the visual inspection of paper and 
  2.24  similar types of government data.  Inspection does not include 
  2.25  printing copies by the government entity, unless printing a copy 
  2.26  is the only method to provide for inspection of the data.  In 
  2.27  the case of data stored in electronic form and made available in 
  2.28  electronic form on a remote access basis to the public by the 
  2.29  government entity, inspection includes remote access to the data 
  2.30  by the public and the ability to print copies of or download the 
  2.31  data on the public's own computer equipment.  Nothing in this 
  2.32  section prohibits a government entity from charging a reasonable 
  2.33  fee for remote access to data under a specific statutory grant 
  2.34  of authority.  A government entity may charge a fee for remote 
  2.35  access to data where either the data or the access is enhanced 
  2.36  at the request of the person seeking access. 
  3.1      (c) The responsible authority or designee shall provide 
  3.2   copies of public data upon request.  If a person requests copies 
  3.3   or electronic transmittal of the data to the person, the 
  3.4   responsible authority may require the requesting person to pay 
  3.5   the actual costs of searching for and retrieving government 
  3.6   data, including the cost of employee time, and for making, 
  3.7   certifying, compiling, and electronically transmitting the 
  3.8   copies of the data or the data, but may not charge for 
  3.9   separating public from not public data.  If the responsible 
  3.10  authority or designee is not able to provide copies at the time 
  3.11  a request is made, copies shall be supplied as soon as 
  3.12  reasonably possible. 
  3.13     (d) When a request under this subdivision involves any 
  3.14  person's receipt of copies of public government data that has 
  3.15  commercial value and is a substantial and discrete portion of or 
  3.16  an entire formula, pattern, compilation, program, device, 
  3.17  method, technique, process, database, or system developed with a 
  3.18  significant expenditure of public funds by the agency, the 
  3.19  responsible authority may charge a reasonable fee for the 
  3.20  information in addition to the costs of making, certifying, and 
  3.21  compiling the copies.  Any fee charged must be clearly 
  3.22  demonstrated by the agency to relate to the actual development 
  3.23  costs of the information.  The responsible authority, upon the 
  3.24  request of any person, shall provide sufficient documentation to 
  3.25  explain and justify the fee being charged.  
  3.26     (e) The responsible authority of a state agency, statewide 
  3.27  system, or political subdivision that maintains public 
  3.28  government data in a computer storage medium shall provide to 
  3.29  any person making a request under this section a copy of any 
  3.30  public data contained in that medium, in electronic form, if the 
  3.31  government entity can reasonably make the copy or have a copy 
  3.32  made.  This does not require a government entity to provide the 
  3.33  data in an electronic format or program that is different from 
  3.34  the format or program in which the data are maintained by the 
  3.35  government entity.  The entity may require the requesting person 
  3.36  to pay the actual cost of providing the copy. 
  4.1      (f) If the responsible authority or designee determines 
  4.2   that the requested data is classified so as to deny the 
  4.3   requesting person access, the responsible authority or designee 
  4.4   shall inform the requesting person of the determination either 
  4.5   orally at the time of the request, or in writing as soon after 
  4.6   that time as possible, and shall cite the specific statutory 
  4.7   section, temporary classification, or specific provision of 
  4.8   federal law on which the determination is based.  Upon the 
  4.9   request of any person denied access to data, the responsible 
  4.10  authority or designee shall certify in writing that the request 
  4.11  has been denied and cite the specific statutory section, 
  4.12  temporary classification, or specific provision of federal law 
  4.13  upon which the denial was based.  
  4.14     Sec. 4.  Minnesota Statutes 1998, section 13.03, 
  4.15  subdivision 5, is amended to read: 
  4.16     Subd. 5.  [COPYRIGHT OR PATENT OF COMPUTER PROGRAM.] 
  4.17  Nothing in this chapter or any other statute shall be construed 
  4.18  to prevent A state agency, statewide system, or political 
  4.19  subdivision from acquiring may enforce a copyright or acquire a 
  4.20  patent for a computer software program or components of a 
  4.21  program created by that government agency without statutory 
  4.22  authority.  In the event that a government agency does 
  4.23  acquire acquires a patent or copyright to a computer software 
  4.24  program or component of a program, the data shall be treated as 
  4.25  trade secret information pursuant to section 13.37.  
  4.26     Sec. 5.  Minnesota Statutes 1998, section 13.05, 
  4.27  subdivision 3, is amended to read: 
  4.28     Subd. 3.  [GENERAL STANDARDS FOR COLLECTION AND STORAGE.] 
  4.29  Collection and, storage, and use of all data on individuals and 
  4.30  the use and dissemination of private and confidential data on 
  4.31  individuals shall be is limited to that necessary for the 
  4.32  administration and management of programs specifically 
  4.33  authorized by the legislature or local governing body or 
  4.34  mandated by the federal government.  Dissemination of private or 
  4.35  confidential data on individuals is limited to that necessary 
  4.36  for the administration and management of programs specifically 
  5.1   authorized by the legislature or local governing body or 
  5.2   mandated by the federal government. 
  5.3      Sec. 6.  Minnesota Statutes 1998, section 13.05, is amended 
  5.4   by adding a subdivision to read: 
  5.5      Subd. 12.  [IDENTIFICATION OR JUSTIFICATION.] Unless 
  5.6   specifically authorized by statute, state agencies, statewide 
  5.7   systems, and political subdivisions may not require persons to 
  5.8   identify themselves, state a reason for, or justify a request to 
  5.9   gain access to public government data.  A person may be asked to 
  5.10  provide certain identifying or clarifying information for the 
  5.11  sole purpose of facilitating access to the data. 
  5.12     Sec. 7.  Minnesota Statutes 1998, section 13.05, is amended 
  5.13  by adding a subdivision to read: 
  5.14     Subd. 13.  [DATA PRACTICES COMPLIANCE OFFICIAL.] By 
  5.15  December 1, 2000, each responsible authority or other 
  5.16  appropriate authority in every government entity shall appoint 
  5.17  or designate an employee of the government entity to act as the 
  5.18  entity's data practices compliance official.  The data practices 
  5.19  compliance official is the designated employee of the government 
  5.20  entity to whom persons may direct questions or concerns 
  5.21  regarding problems in obtaining access to data or other data 
  5.22  practices problems.  The responsible authority may be the data 
  5.23  practices compliance official. 
  5.24     Sec. 8.  [13.081] [ADMINISTRATIVE REMEDIES.] 
  5.25     Subdivision 1.  [COMPLAINTS.] Any person who believes that 
  5.26  a government entity is not in compliance with this chapter may 
  5.27  file a complaint with the commissioner.  The commissioner shall 
  5.28  specify the form of the complaint.  The commissioner shall 
  5.29  conduct an investigation to determine whether the complaint is 
  5.30  valid or whether another alternative dispute resolution process 
  5.31  exists to address the issue presented.  If the commissioner 
  5.32  determines the complaint is not valid or another alternative 
  5.33  dispute resolution process is a more appropriate forum for 
  5.34  resolving the dispute, the commissioner shall dismiss the 
  5.35  complaint and so inform the person who filed the complaint and 
  5.36  the government entity that was the subject of the complaint.  If 
  6.1   the commissioner determines the complaint is valid, the 
  6.2   commissioner may take any of the actions under subdivision 2 to 
  6.3   resolve the complaint.  The commissioner shall either dismiss 
  6.4   the complaint or refer it for one of the actions under 
  6.5   subdivision 2 within 20 days of receipt of the complaint.  For 
  6.6   good cause and upon written notice to the person bringing the 
  6.7   complaint, the commissioner may extend this deadline for one 
  6.8   additional 30-day period.  
  6.9      Subd. 2.  [INFORMAL RESOLUTION OF COMPLAINT.] The 
  6.10  commissioner may attempt to resolve a complaint informally or, 
  6.11  with the consent of both parties, refer the matter to an 
  6.12  alternative dispute resolution process and use the services of 
  6.13  the office of dispute resolution or the office of administrative 
  6.14  hearings to arbitrate or mediate the dispute. 
  6.15     Sec. 9.  Minnesota Statutes 1999 Supplement, section 13.32, 
  6.16  subdivision 7, is amended to read: 
  6.17     Subd. 7.  [USES OF DATA.] School officials who receive data 
  6.18  on juveniles, as authorized under sections 260B.171 and 
  6.19  260C.171, may use and share that data within the school district 
  6.20  or educational entity as necessary to protect persons and 
  6.21  property or to address the educational and other needs of 
  6.22  students.  A school district, its agents, and employees who use 
  6.23  and share such data in good faith are immune from civil or 
  6.24  criminal liability that might otherwise result from their 
  6.25  actions. 
  6.26     Sec. 10.  [13.623] [ST. PAUL HOUSING AND REDEVELOPMENT 
  6.27  AUTHORITY DATA.] 
  6.28     Subdivision 1.  [PRIVATE AND NONPUBLIC DATA.] The following 
  6.29  data that are submitted to the St. Paul housing and 
  6.30  redevelopment authority by individuals and business entities 
  6.31  that are requesting financial assistance are private data on 
  6.32  individuals or nonpublic data:  financial statements; credit 
  6.33  reports; business plans; income and expense projections; 
  6.34  customer lists; balance sheets; income tax returns; and design, 
  6.35  market, and feasibility studies not paid for with public funds.  
  6.36     Subd. 2.  [PUBLIC DATA.] Data submitted to the authority 
  7.1   under subdivision 1 become public data if the authority provides 
  7.2   financial assistance to the individual or business entity, 
  7.3   except that the following data remain private or nonpublic:  
  7.4   business plans; income and expense projections not related to 
  7.5   the financial assistance provided; customer lists; income tax 
  7.6   returns; and design, market, and feasibility studies not paid 
  7.7   for with public funds. 
  7.8      Sec. 11.  [13.624] [ST. PAUL ECONOMIC ASSISTANCE DATA.] 
  7.9      Subdivision 1.  [PRIVATE AND NONPUBLIC DATA.] The following 
  7.10  data that are submitted to the city of St. Paul by individuals 
  7.11  and business entities that are requesting financial assistance 
  7.12  are private data on individuals or nonpublic data:  financial 
  7.13  statements; credit reports; business plans; income and expense 
  7.14  projections; customer lists; balance sheets; income tax returns; 
  7.15  and design, market, and feasibility studies not paid for with 
  7.16  public funds. 
  7.17     Subd. 2.  [PUBLIC DATA.] Data submitted to the city under 
  7.18  subdivision 1 become public data if the city provides financial 
  7.19  assistance to the individual or business entity, except that the 
  7.20  following data remain private or nonpublic:  business plans; 
  7.21  income and expense projections not related to the financial 
  7.22  assistance provided; customer lists; income tax returns; and 
  7.23  design, market, and feasibility studies not paid for with public 
  7.24  funds. 
  7.25     Sec. 12.  Minnesota Statutes 1998, section 13.84, 
  7.26  subdivision 5, is amended to read:  
  7.27     Subd. 5.  [DISCLOSURE.] Private or confidential court 
  7.28  services data shall not be disclosed except:  
  7.29     (a) Pursuant to section 13.05; 
  7.30     (b) Pursuant to a statute specifically authorizing 
  7.31  disclosure of court services data; 
  7.32     (c) With the written permission of the source of 
  7.33  confidential data; 
  7.34     (d) To the court services department, parole or probation 
  7.35  authority or state or local correctional agency or facility 
  7.36  having statutorily granted supervision over the individual 
  8.1   subject of the data; 
  8.2      (e) Pursuant to subdivision 5a; or 
  8.3      (f) Pursuant to a valid court order. 
  8.4      Sec. 13.  Minnesota Statutes 1998, section 13.84, 
  8.5   subdivision 6, is amended to read: 
  8.6      Subd. 6.  [PUBLIC DATA.] The following court services data 
  8.7   on adult individuals is public:  
  8.8      (a) name, age, date of birth, sex, occupation and the fact 
  8.9   that an individual is a parolee, probationer or participant in a 
  8.10  diversion program, and if so, at what location; 
  8.11     (b) the offense for which the individual was placed under 
  8.12  supervision; 
  8.13     (c) the dates supervision began and ended and the duration 
  8.14  of supervision; 
  8.15     (d) court services data which was public in a court or 
  8.16  other agency which originated the data; 
  8.17     (e) arrest and detention orders, orders for parole or 
  8.18  probation revocation and the reasons for revocation; 
  8.19     (f) the conditions of parole, probation or participation 
  8.20  and the extent to which those conditions have been or are being 
  8.21  met; 
  8.22     (g) identities of agencies, units within agencies and 
  8.23  individuals providing supervision; and 
  8.24     (h) the legal basis for any change in supervision and the 
  8.25  date, time and locations associated with the change. 
  8.26     Sec. 14.  Minnesota Statutes 1998, section 13.87, 
  8.27  subdivision 2, is amended to read: 
  8.28     Subd. 2.  [CLASSIFICATION.] Criminal history data 
  8.29  maintained by agencies, political subdivisions and statewide 
  8.30  systems are classified as private, pursuant to section 13.02, 
  8.31  subdivision 12, except that data created, collected, or 
  8.32  maintained by the bureau of criminal apprehension that identify 
  8.33  an individual who was convicted of a crime and the offense of 
  8.34  which the individual was convicted are public data for 15 years 
  8.35  following the discharge of the sentence imposed for the offense. 
  8.36     The bureau of criminal apprehension shall provide to the 
  9.1   public at the central office of the bureau the ability to 
  9.2   inspect in person, at no charge, through a computer monitor the 
  9.3   criminal conviction data classified as public under this 
  9.4   subdivision. 
  9.5      Sec. 15.  Minnesota Statutes 1999 Supplement, section 
  9.6   13.99, subdivision 19, is amended to read: 
  9.7      Subd. 19.  [HMO EXAMINATIONS.] Data obtained by the 
  9.8   commissioner of health in the course of an examination of the 
  9.9   affairs of a health maintenance organization are classified 
  9.10  under section 62D.14, subdivisions 1 and 4 4a. 
  9.11     Sec. 16.  Minnesota Statutes 1998, section 62D.14, is 
  9.12  amended by adding a subdivision to read: 
  9.13     Subd. 4a.  [CLASSIFICATION OF DATA.] Any data or 
  9.14  information obtained by the commissioner pursuant to this 
  9.15  section or section 62D.145 shall be classified as private data 
  9.16  on individuals or nonpublic data as defined in chapter 13.  Such 
  9.17  data shall be protected and may be released consistent with the 
  9.18  provisions of section 60A.03, subdivision 9. 
  9.19     Sec. 17.  [62D.145] [DISCLOSURE OF INFORMATION HELD BY 
  9.20  HEALTH MAINTENANCE ORGANIZATIONS.] 
  9.21     Subdivision 1.  [PERSONAL AND PRIVILEGED INFORMATION.] The 
  9.22  ability of a health maintenance organization to disclose 
  9.23  personal information, as defined in section 72A.491, subdivision 
  9.24  17, and privileged information, as defined in section 72A.491, 
  9.25  subdivision 19, is governed by sections 72A.497, 72A.499, and 
  9.26  72A.502. 
  9.27     Subd. 2.  [HEALTH DATA OR INFORMATION.] (a) A health 
  9.28  maintenance organization is prohibited from disclosing to any 
  9.29  person any individually identifiable data or information held by 
  9.30  the health maintenance organization pertaining to the diagnosis, 
  9.31  treatment, or health of any enrollee, or any application 
  9.32  obtained from any person, except: 
  9.33     (1) to the extent necessary to carry out the purposes of 
  9.34  this chapter, the commissioner and a designee shall have access 
  9.35  to the above data or information but the data removed from the 
  9.36  health maintenance organization or participating entity shall 
 10.1   not identify any particular patient or client by name or contain 
 10.2   any other unique personal identifier; 
 10.3      (2) upon the express consent of the enrollee or applicant; 
 10.4      (3) pursuant to statute or court order for the production 
 10.5   of evidence or the discovery thereof; 
 10.6      (4) in the event of claim or litigation between the person 
 10.7   and the provider or health maintenance organization wherein such 
 10.8   data or information is pertinent; 
 10.9      (5) as otherwise authorized pursuant to statute; 
 10.10     (6) to meet the requirements of contracts for prepaid 
 10.11  medical services with the department of human services 
 10.12  authorized under chapter 256B, 256D, or 256L; or 
 10.13     (7) to meet the requirements of contracts for benefit plans 
 10.14  with the commissioner of employee relations under chapter 43A. 
 10.15     (b) In any case involving a suspected violation of a law 
 10.16  applicable to health maintenance organizations in which access 
 10.17  to health data maintained by the health maintenance organization 
 10.18  or participating entity is necessary, the commissioner and 
 10.19  agents, while maintaining the privacy rights of individuals and 
 10.20  families, shall be permitted to obtain data that identifies any 
 10.21  particular patient or client by name.  A health maintenance 
 10.22  organization shall be entitled to claim any statutory privileges 
 10.23  against such disclosure which the provider who furnished the 
 10.24  information to the health maintenance organization is entitled 
 10.25  to claim. 
 10.26     Sec. 18.  Minnesota Statutes 1998, section 72A.491, 
 10.27  subdivision 17, is amended to read: 
 10.28     Subd. 17.  [PERSONAL INFORMATION.] "Personal information" 
 10.29  means any individually identifiable information gathered in 
 10.30  connection with an insurance transaction from which judgments 
 10.31  can be made about an individual's character, habits, avocations, 
 10.32  finances, occupation, general reputation, credit, health, or any 
 10.33  other personal characteristics.  The term includes the 
 10.34  individual's name and address and health record information, but 
 10.35  does not include privileged information.  Personal information 
 10.36  does not include health record information maintained by a 
 11.1   health maintenance organization as defined under section 62D.02, 
 11.2   subdivision 4, in its capacity as a health provider.  
 11.3      Sec. 19.  Minnesota Statutes 1998, section 119A.376, is 
 11.4   amended by adding a subdivision to read: 
 11.5      Subd. 4.  [DATA CLASSIFICATION.] Data collected on 
 11.6   individuals from which the identity of any individual receiving 
 11.7   services may be determined are private data on individuals and 
 11.8   must be maintained according to chapter 13. 
 11.9      Sec. 20.  Minnesota Statutes 1998, section 119A.44, is 
 11.10  amended by adding a subdivision to read: 
 11.11     Subd. 7.  [DATA CLASSIFICATION.] Data collected on 
 11.12  individuals from which the identity of any individual receiving 
 11.13  services may be determined are private data on individuals and 
 11.14  must be maintained according to chapter 13. 
 11.15     Sec. 21.  Minnesota Statutes 1998, section 119A.50, is 
 11.16  amended to read: 
 11.17     119A.50 [HEAD START PROGRAM.] 
 11.18     Subdivision 1.  [DEPARTMENT OF CHILDREN, FAMILIES, AND 
 11.19  LEARNING.] The department of children, families, and learning is 
 11.20  the state agency responsible for administering the Head Start 
 11.21  program.  The commissioner of children, families, and learning 
 11.22  may make grants to public or private nonprofit agencies for the 
 11.23  purpose of providing supplemental funds for the federal Head 
 11.24  Start program. 
 11.25     Subd. 2.  [DATA CLASSIFICATION.] Data collected on 
 11.26  individuals from which the identity of any individual receiving 
 11.27  services may be determined are private data on individuals and 
 11.28  must be maintained according to chapter 13. 
 11.29     Sec. 22.  Minnesota Statutes 1999 Supplement, section 
 11.30  119B.011, subdivision 15, is amended to read: 
 11.31     Subd. 15.  [INCOME.] "Income" means earned or unearned 
 11.32  income received by all family members, including public 
 11.33  assistance cash benefits and at-home infant care subsidy 
 11.34  payments, unless specifically excluded.  The following are 
 11.35  excluded from income:  funds used to pay for health insurance 
 11.36  premiums for family members, Supplemental Security Income, 
 12.1   scholarships, work-study income, and grants that cover costs or 
 12.2   reimbursement for tuition, fees, books, and educational 
 12.3   supplies; student loans for tuition, fees, books, supplies, and 
 12.4   living expenses; state and federal earned income tax credits; 
 12.5   in-kind income such as food stamps, energy assistance, foster 
 12.6   care assistance, medical assistance, child care assistance, and 
 12.7   housing subsidies; earned income of full full- or part-time 
 12.8   students up to the age of 19, who have not earned a high school 
 12.9   diploma or GED high school equivalency diploma including 
 12.10  earnings from summer employment; grant awards under the family 
 12.11  subsidy program; nonrecurring lump sum income only to the extent 
 12.12  that it is earmarked and used for the purpose for which it is 
 12.13  paid; and any income assigned to the public authority according 
 12.14  to section 256.74 or 256.741. 
 12.15     Sec. 23.  Minnesota Statutes 1999 Supplement, section 
 12.16  119B.03, subdivision 4, is amended to read: 
 12.17     Subd. 4.  [FUNDING PRIORITY.] (a) First priority for child 
 12.18  care assistance under the basic sliding fee program must be 
 12.19  given to eligible non-MFIP families who do not have a high 
 12.20  school or general equivalency diploma or who need remedial and 
 12.21  basic skill courses in order to pursue employment or to pursue 
 12.22  education leading to employment and who need child care 
 12.23  assistance to participate in the education program.  Within this 
 12.24  priority, the following subpriorities must be used: 
 12.25     (1) child care needs of minor parents; 
 12.26     (2) child care needs of parents under 21 years of age; and 
 12.27     (3) child care needs of other parents within the priority 
 12.28  group described in this paragraph. 
 12.29     (b) Second priority must be given to parents who have 
 12.30  completed their MFIP or work first transition year. 
 12.31     (c) Third priority must be given to families who are 
 12.32  eligible for portable basic sliding fee assistance through the 
 12.33  portability pool under subdivision 9. 
 12.34     Sec. 24.  Minnesota Statutes 1998, section 124D.16, 
 12.35  subdivision 1, is amended to read: 
 12.36     Subdivision 1.  [PROGRAM REVIEW AND APPROVAL.] By February 
 13.1   15, 1992, for the 1991-1992 school year or by May 1 preceding 
 13.2   subsequent school years, a district must submit to the 
 13.3   commissioners of children, families, and learning, and health A 
 13.4   school district shall biennially by May 1 submit to the 
 13.5   commissioners of children, families, and learning and health the 
 13.6   program plan required under this subdivision.  As determined by 
 13.7   the commissioners, one-half of the districts shall first submit 
 13.8   the plan by May 1 of the 2000-2001 school year and one-half of 
 13.9   the districts shall first submit the plan by May 1 of the 
 13.10  2001-2002 school year.  The program plan must include: 
 13.11     (1) a description of the services to be provided; 
 13.12     (2) a plan to ensure children at greatest risk receive 
 13.13  appropriate services; 
 13.14     (3) a description of procedures and methods to be used to 
 13.15  coordinate public and private resources to maximize use of 
 13.16  existing community resources, including school districts, health 
 13.17  care facilities, government agencies, neighborhood 
 13.18  organizations, and other resources knowledgeable in early 
 13.19  childhood development; 
 13.20     (4) comments about the district's proposed program by the 
 13.21  advisory council required by section 124D.15, subdivision 7; and 
 13.22     (5) agreements with all participating service providers.  
 13.23     Each commissioner may review and comment on the program, 
 13.24  and make recommendations to the commissioner of children, 
 13.25  families, and learning, within 30 days of receiving the plan. 
 13.26     Sec. 25.  Minnesota Statutes 1999 Supplement, section 
 13.27  256.978, subdivision 1, is amended to read: 
 13.28     Subdivision 1.  [REQUEST FOR INFORMATION.] (a) The public 
 13.29  authority responsible for child support in this state or any 
 13.30  other state, in order to locate a person or to obtain 
 13.31  information necessary to establish paternity and child support 
 13.32  or to modify or enforce child support or distribute collections, 
 13.33  may request information reasonably necessary to the inquiry from 
 13.34  the records of (1) all departments, boards, bureaus, or other 
 13.35  agencies of this state agencies or political subdivisions of 
 13.36  this state, as defined in section 13.02, which shall, 
 14.1   notwithstanding the provisions of section 268.19 or any other 
 14.2   law to the contrary, provide the information necessary for this 
 14.3   purpose; and (2) employers, utility companies, insurance 
 14.4   companies, financial institutions, credit grantors, and labor 
 14.5   associations doing business in this state.  They shall provide a 
 14.6   response upon written or electronic request within 30 days of 
 14.7   service of the request made by the public authority.  
 14.8   Information requested and used or transmitted by the 
 14.9   commissioner according to the authority conferred by this 
 14.10  section may be made available to other agencies, statewide 
 14.11  systems, and political subdivisions of this state, and agencies 
 14.12  of other states, interstate information networks, federal 
 14.13  agencies, and other entities as required by federal regulation 
 14.14  or law for the administration of the child support enforcement 
 14.15  program.  
 14.16     (b) For purposes of this section, "state" includes the 
 14.17  District of Columbia, Puerto Rico, the United States Virgin 
 14.18  Islands, and any territory or insular possession subject to the 
 14.19  jurisdiction of the United States. 
 14.20     Sec. 26.  Minnesota Statutes 1999 Supplement, section 
 14.21  260B.171, subdivision 2, is amended to read: 
 14.22     Subd. 2.  [RECORD OF FINDINGS.] (a) The juvenile court 
 14.23  shall forward to the bureau of criminal apprehension the 
 14.24  following data in juvenile petitions involving felony- or gross 
 14.25  misdemeanor-level offenses: 
 14.26     (1) the name and birthdate of the juvenile, including any 
 14.27  of the juvenile's known aliases or street names; 
 14.28     (2) the act for which the juvenile was petitioned and date 
 14.29  of the offense; and 
 14.30     (3) the date and county where the petition was filed. 
 14.31     (b) Upon completion of the court proceedings, the court 
 14.32  shall forward the court's finding and case disposition to the 
 14.33  bureau.  The court shall specify whether: 
 14.34     (1) the juvenile was referred to a diversion program; 
 14.35     (2) the petition was dismissed, continued for dismissal, or 
 14.36  continued without adjudication; or 
 15.1      (3) the juvenile was adjudicated delinquent, in which case 
 15.2   the court shall also provide information indicating whether the 
 15.3   offense, for which the juvenile was adjudicated, would be a 
 15.4   felony or gross misdemeanor if the offense had been committed by 
 15.5   an adult. 
 15.6      (c) The juvenile court shall forward to the bureau, the 
 15.7   sentencing guidelines commission, and the department of 
 15.8   corrections the following data on individuals convicted as 
 15.9   extended jurisdiction juveniles: 
 15.10     (1) the name and birthdate of the offender, including any 
 15.11  of the juvenile's known aliases or street names; 
 15.12     (2) the crime committed by the offender and the date of the 
 15.13  crime; 
 15.14     (3) the date and county of the conviction; and 
 15.15     (4) the case disposition. 
 15.16     The court shall notify the bureau, the sentencing 
 15.17  guidelines commission, and the department of corrections 
 15.18  whenever it executes an extended jurisdiction juvenile's adult 
 15.19  sentence under section 260B.130, subdivision 5. 
 15.20     (d) The bureau, sentencing guidelines commission, and the 
 15.21  department of corrections shall retain the extended jurisdiction 
 15.22  juvenile data for as long as the data would have been retained 
 15.23  if the offender had been an adult at the time of the offense.  
 15.24  Data retained on individuals under this subdivision are private 
 15.25  data under section 13.02, except that extended jurisdiction 
 15.26  juvenile data becomes public data under section 13.87, 
 15.27  subdivision 2, when the juvenile court notifies the bureau that 
 15.28  the individual's adult sentence has been executed under section 
 15.29  260B.130, subdivision 5.  
 15.30     Sec. 27.  Minnesota Statutes 1999 Supplement, section 
 15.31  260B.171, subdivision 5, is amended to read: 
 15.32     Subd. 5.  [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except 
 15.33  for records relating to an offense where proceedings are public 
 15.34  under section 260B.163, subdivision 1, peace officers' records 
 15.35  of children who are or may be delinquent or who may be engaged 
 15.36  in criminal acts shall be kept separate from records of persons 
 16.1   18 years of age or older and are private data but shall be 
 16.2   disseminated:  (1) by order of the juvenile court, (2) as 
 16.3   required by section 121A.28, (3) as authorized under section 
 16.4   13.82, subdivision 2, (4) to the child or the child's parent or 
 16.5   guardian unless disclosure of a record would interfere with an 
 16.6   ongoing investigation, (5) to the Minnesota crime victims 
 16.7   reparations board as required by section 611A.56, subdivision 2, 
 16.8   clause (f), for the purpose of processing claims for crime 
 16.9   victims reparations, or (6) as otherwise provided in this 
 16.10  subdivision.  Except as provided in paragraph (c), no 
 16.11  photographs of a child taken into custody may be taken without 
 16.12  the consent of the juvenile court unless the child is alleged to 
 16.13  have violated section 169.121 or 169.129.  Peace officers' 
 16.14  records containing data about children who are victims of crimes 
 16.15  or witnesses to crimes must be administered consistent with 
 16.16  section 13.82, subdivisions 2, 3, 4, and 10.  Any person 
 16.17  violating any of the provisions of this subdivision shall be 
 16.18  guilty of a misdemeanor. 
 16.19     In the case of computerized records maintained about 
 16.20  juveniles by peace officers, the requirement of this subdivision 
 16.21  that records about juveniles must be kept separate from adult 
 16.22  records does not mean that a law enforcement agency must keep 
 16.23  its records concerning juveniles on a separate computer system.  
 16.24  Law enforcement agencies may keep juvenile records on the same 
 16.25  computer as adult records and may use a common index to access 
 16.26  both juvenile and adult records so long as the agency has in 
 16.27  place procedures that keep juvenile records in a separate place 
 16.28  in computer storage and that comply with the special data 
 16.29  retention and other requirements associated with protecting data 
 16.30  on juveniles. 
 16.31     (b) Nothing in this subdivision prohibits the exchange of 
 16.32  information by law enforcement agencies, including federal and 
 16.33  other state law enforcement agencies, if the exchanged 
 16.34  information is pertinent and necessary for law enforcement 
 16.35  purposes. 
 16.36     (c) A photograph may be taken of a child taken into custody 
 17.1   pursuant to section 260B.175, subdivision 1, clause (b), 
 17.2   provided that the photograph must be destroyed when the child 
 17.3   reaches the age of 19 years.  The commissioner of corrections 
 17.4   may photograph juveniles whose legal custody is transferred to 
 17.5   the commissioner.  Photographs of juveniles authorized by this 
 17.6   paragraph may be used only for institution management purposes, 
 17.7   case supervision by parole agents, and to assist law enforcement 
 17.8   agencies to apprehend juvenile offenders.  The commissioner 
 17.9   shall maintain photographs of juveniles in the same manner as 
 17.10  juvenile court records and names under this section. 
 17.11     (d) Traffic investigation reports are open to inspection by 
 17.12  a person who has sustained physical harm or economic loss as a 
 17.13  result of the traffic accident.  Identifying information on 
 17.14  juveniles who are parties to traffic accidents may be disclosed 
 17.15  as authorized under section 13.82, subdivision 4, and accident 
 17.16  reports required under section 169.09 may be released under 
 17.17  section 169.09, subdivision 13, unless the information would 
 17.18  identify a juvenile who was taken into custody or who is 
 17.19  suspected of committing an offense that would be a crime if 
 17.20  committed by an adult, or would associate a juvenile with the 
 17.21  offense, and the offense is not an adult court traffic offense 
 17.22  under section 260B.225. 
 17.23     (e) A law enforcement agency shall notify the principal or 
 17.24  chief administrative officer of a juvenile's school of an 
 17.25  incident occurring within the agency's jurisdiction if: 
 17.26     (1) the agency has probable cause to believe that the 
 17.27  juvenile has committed an offense that would be a crime if 
 17.28  committed as an adult, that the victim of the offense is a 
 17.29  student or staff member of the school, and that notice to the 
 17.30  school is reasonably necessary for the protection of the victim; 
 17.31  or 
 17.32     (2) the agency has probable cause to believe that the 
 17.33  juvenile has committed an offense described in subdivision 3, 
 17.34  paragraph (a), clauses (1) to (3), that would be a crime if 
 17.35  committed by an adult, regardless of whether the victim is a 
 17.36  student or staff member of the school. 
 18.1      A law enforcement agency is not required to notify the 
 18.2   school under this paragraph if the agency determines that notice 
 18.3   would jeopardize an ongoing investigation.  Notwithstanding 
 18.4   section 138.17, data from a notice received from a law 
 18.5   enforcement agency under this paragraph must be destroyed when 
 18.6   the juvenile graduates from the school or at the end of the 
 18.7   academic year when the juvenile reaches age 23, whichever date 
 18.8   is earlier.  For purposes of this paragraph, "school" means a 
 18.9   public or private elementary, middle, or secondary school. 
 18.10     (f) In any county in which the county attorney operates or 
 18.11  authorizes the operation of a juvenile prepetition or pretrial 
 18.12  diversion program, a law enforcement agency or county attorney's 
 18.13  office may provide the juvenile diversion program with data 
 18.14  concerning a juvenile who is a participant in or is being 
 18.15  considered for participation in the program. 
 18.16     (g) Upon request of a local social services agency, peace 
 18.17  officer records of children who are or may be delinquent or who 
 18.18  may be engaged in criminal acts may be disseminated to the 
 18.19  agency to promote the best interests of the subject of the data. 
 18.20     (h) Upon written request, the prosecuting authority shall 
 18.21  release investigative data collected by a law enforcement agency 
 18.22  to the victim of a criminal act or alleged criminal act or to 
 18.23  the victim's legal representative, except as otherwise provided 
 18.24  by this paragraph.  Data shall not be released if: 
 18.25     (1) the release to the individual subject of the data would 
 18.26  be prohibited under section 13.391; or 
 18.27     (2) the prosecuting authority reasonably believes: 
 18.28     (i) that the release of that data will interfere with the 
 18.29  investigation; or 
 18.30     (ii) that the request is prompted by a desire on the part 
 18.31  of the requester to engage in unlawful activities.  
 18.32     Sec. 28.  Minnesota Statutes 1999 Supplement, section 
 18.33  268.19, is amended to read: 
 18.34     268.19 [INFORMATION DATA PRIVACY.] 
 18.35     (a) Except as otherwise provided by this section, data 
 18.36  gathered from any employer or individual pursuant to the 
 19.1   administration of sections 268.03 to 268.23 are private data on 
 19.2   individuals or nonpublic data not on individuals as defined in 
 19.3   section 13.02, subdivisions 9 and 12, and may not be disclosed 
 19.4   except pursuant to a court order or section 13.05.  These data 
 19.5   may be disseminated to and used by the following agencies 
 19.6   without the consent of the subject of the data:  
 19.7      (1) state and federal agencies specifically authorized 
 19.8   access to the data by state or federal law; 
 19.9      (2) any agency of Minnesota or any other state; or any 
 19.10  federal agency charged with the administration of an employment 
 19.11  security law or the maintenance of a system of public employment 
 19.12  offices; 
 19.13     (3) human rights agencies within Minnesota that have 
 19.14  enforcement powers; 
 19.15     (4) the department of revenue must have access to 
 19.16  department private data on individuals and nonpublic data not on 
 19.17  individuals only to the extent necessary for enforcement of 
 19.18  Minnesota tax laws; 
 19.19     (5) public and private agencies responsible for 
 19.20  administering publicly financed assistance programs for the 
 19.21  purpose of monitoring the eligibility of the program's 
 19.22  recipients; 
 19.23     (6) the department of labor and industry on an 
 19.24  interchangeable basis with the department subject to the 
 19.25  following limitations and regardless of any law to the contrary: 
 19.26     (i) the department must have access to private data on 
 19.27  individuals and nonpublic data not on individuals for uses 
 19.28  consistent with the administration of its duties under sections 
 19.29  268.03 to 268.23; and 
 19.30     (ii) the department of labor and industry must have access 
 19.31  to private data on individuals and nonpublic data not on 
 19.32  individuals for uses consistent with the administration of its 
 19.33  duties under Minnesota law; 
 19.34     (7) the department of trade and economic development may 
 19.35  have access to private data on individual employers and 
 19.36  nonpublic data not on individual employers for its internal use 
 20.1   only; when received by the department of trade and economic 
 20.2   development, the data remain private data on individuals or 
 20.3   nonpublic data; 
 20.4      (8) local and state welfare agencies for monitoring the 
 20.5   eligibility of the data subject for assistance programs, or for 
 20.6   any employment or training program administered by those 
 20.7   agencies, whether alone, in combination with another welfare 
 20.8   agency, or in conjunction with the department or to monitor and 
 20.9   evaluate the statewide Minnesota family investment program by 
 20.10  providing data on recipients and former recipients of food 
 20.11  stamps, cash assistance under chapter 256, 256D, 256J, or 256K, 
 20.12  child care assistance under chapter 119B, or medical programs 
 20.13  under chapter 256B, 256D, or 256L; 
 20.14     (9) local, state, and federal law enforcement agencies for 
 20.15  the sole purpose of ascertaining the last known address and 
 20.16  employment location of the data subject, provided the data 
 20.17  subject is the subject of a criminal investigation; and 
 20.18     (10) the federal Immigration and Naturalization Service 
 20.19  shall have access to data on specific individuals and specific 
 20.20  employers provided the specific individual or specific employer 
 20.21  is the subject of an investigation by that agency; and 
 20.22     (11) the department of health may have access to private 
 20.23  data on individuals and nonpublic data not on individuals solely 
 20.24  for the purposes of epidemiologic investigations.  
 20.25     (b) Data on individuals and employers that are collected, 
 20.26  maintained, or used by the department in an investigation 
 20.27  pursuant to section 268.182 are confidential as to data on 
 20.28  individuals and protected nonpublic data not on individuals as 
 20.29  defined in section 13.02, subdivisions 3 and 13, and must not be 
 20.30  disclosed except pursuant to statute or court order or to a 
 20.31  party named in a criminal proceeding, administrative or 
 20.32  judicial, for preparation of a defense.  
 20.33     (c) Tape recordings and transcripts of recordings of 
 20.34  proceedings conducted in accordance with section 268.105 and 
 20.35  exhibits received into evidence at those proceedings are private 
 20.36  data on individuals and nonpublic data not on individuals and 
 21.1   must be disclosed only pursuant to the administration of section 
 21.2   268.105, or pursuant to a court order.  
 21.3      (d) The department may disseminate an employer's name, 
 21.4   address, industry code, occupations employed, and the number of 
 21.5   employees by ranges of not less than 100 for the purpose of 
 21.6   assisting individuals using the Minnesota workforce center 
 21.7   system in obtaining employment. 
 21.8      (e) The general aptitude test battery and the nonverbal 
 21.9   aptitude test battery as administered by the department are 
 21.10  private data on individuals or nonpublic data.  
 21.11     (f) Data gathered by the department pursuant to the 
 21.12  administration of sections 268.03 to 268.23 must not be made the 
 21.13  subject or the basis for any suit in any civil proceedings, 
 21.14  administrative or judicial, unless the action is initiated by 
 21.15  the department. 
 21.16     Sec. 29.  Minnesota Statutes 1999 Supplement, section 
 21.17  299C.095, subdivision 1, is amended to read: 
 21.18     Subdivision 1.  [ACCESS.] (a) The bureau shall administer 
 21.19  and maintain the computerized juvenile history record system 
 21.20  based on sections 260B.171 and 260C.171 and other statutes 
 21.21  requiring the reporting of data on juveniles.  The data in the 
 21.22  system are private data as defined in section 13.02, subdivision 
 21.23  12, but are accessible to criminal justice agencies as defined 
 21.24  in section 13.02, subdivision 3a, to all trial courts and 
 21.25  appellate courts, to a person who has access to the juvenile 
 21.26  court records as provided in sections 260B.171 and 260C.171 or 
 21.27  under court rule and to criminal justice agencies in other 
 21.28  states in the conduct of their official duties. 
 21.29     (b) Except for access authorized under paragraph (a), the 
 21.30  bureau shall only disseminate a juvenile adjudication history 
 21.31  record in connection with a background check required by statute 
 21.32  or rule and performed on a licensee, license applicant, or 
 21.33  employment applicant or performed under section 299C.62 or 
 21.34  624.713.  A consent for release of information from an 
 21.35  individual who is the subject of a juvenile adjudication history 
 21.36  is not effective and the bureau shall not release a juvenile 
 22.1   adjudication history record and shall not release information in 
 22.2   a manner that reveals the existence of the record. 
 22.3      Sec. 30.  Minnesota Statutes 1998, section 299C.13, is 
 22.4   amended to read: 
 22.5      299C.13 [INFORMATION FURNISHED TO PEACE OFFICER.] 
 22.6      Upon receipt of information data as to any arrested person, 
 22.7   the bureau shall immediately ascertain whether the person 
 22.8   arrested has a criminal record or is a fugitive from justice, 
 22.9   and shall at once inform the arresting officer of the facts 
 22.10  ascertained, including references to any juvenile or adult court 
 22.11  disposition data that are not in the criminal history system.  
 22.12  Upon application by any sheriff, chief of police, or other peace 
 22.13  officer in the state, or by an officer of the United States or 
 22.14  by an officer of another state, territory, or government duly 
 22.15  authorized to receive the same and effecting reciprocal 
 22.16  interchange of similar information with the division, it shall 
 22.17  be the duty of the bureau to furnish all information in its 
 22.18  possession pertaining to the identification of any person.  If 
 22.19  the bureau has a sealed record on the arrested person, it shall 
 22.20  notify the requesting peace officer of that fact and of the 
 22.21  right to seek a court order to open the record for purposes of 
 22.22  law enforcement.  A criminal justice agency shall be notified, 
 22.23  upon request, of the existence and contents of a sealed record 
 22.24  containing conviction information about an applicant for 
 22.25  employment.  For purposes of this section a "criminal justice 
 22.26  agency" means courts or a government agency that performs the 
 22.27  administration of criminal justice under statutory authority. 
 22.28     Sec. 31.  [299C.175] [REPORT BY COURT.] 
 22.29     The court must determine the level of offense of each 
 22.30  convicted individual and report the level of offense information 
 22.31  to the bureau. 
 22.32     Sec. 32.  [CITATION.] 
 22.33     Sections 299C.58 and 299C.582 may be cited as the National 
 22.34  Crime Prevention and Privacy Compact. 
 22.35     Sec. 33.  [299C.58] [COMPACT.] 
 22.36     The National Crime Prevention and Privacy Compact is hereby 
 23.1   ratified, enacted into law, and entered into by this state with 
 23.2   any other states legally joining therein in the form 
 23.3   substantially as follows: 
 23.4                             ARTICLE I 
 23.5                            DEFINITIONS 
 23.6      In this compact: 
 23.7      (1) [ATTORNEY GENERAL.] The term "attorney general" means 
 23.8   the Attorney General of the United States. 
 23.9      (2) [COMPACT OFFICER.] The term "compact officer" means 
 23.10     (A) with respect to the federal government, an official so 
 23.11  designated by the director of the Federal Bureau of 
 23.12  Investigation; and 
 23.13     (B) with respect to a party state, the chief administrator 
 23.14  of the state's criminal history record repository or a designee 
 23.15  of the chief administrator who is a regular full-time employee 
 23.16  of the repository. 
 23.17     (3) [COUNCIL.] The term "council" means the compact council 
 23.18  established under article VI. 
 23.19     (4) [CRIMINAL HISTORY RECORDS.] The term "criminal history 
 23.20  records" 
 23.21     (A) means information collected by criminal justice 
 23.22  agencies on individuals consisting of identifiable descriptions 
 23.23  and notations of arrests, detentions, indictments, or other 
 23.24  formal criminal charges, and any disposition arising therefrom, 
 23.25  including acquittal, sentencing, correctional supervision, or 
 23.26  release; and 
 23.27     (B) does not include identification information such as 
 23.28  fingerprint records if such information does not indicate 
 23.29  involvement of the individual with the criminal justice system. 
 23.30     (5) [CRIMINAL HISTORY RECORD REPOSITORY.] The term 
 23.31  "criminal history record repository" means the state agency 
 23.32  designated by the governor or other appropriate executive 
 23.33  official or the legislature of a state to perform centralized 
 23.34  record-keeping functions for criminal history records and 
 23.35  services in the state. 
 23.36     (6) [CRIMINAL JUSTICE.] The term "criminal justice" 
 24.1   includes activities relating to the detection, apprehension, 
 24.2   detention, pretrial release, posttrial release, prosecution, 
 24.3   adjudication, correctional supervision, or rehabilitation of 
 24.4   accused persons or criminal offenders.  The administration of 
 24.5   criminal justice includes criminal identification activities and 
 24.6   the collection, storage, and dissemination of criminal history 
 24.7   records. 
 24.8      (7) [CRIMINAL JUSTICE AGENCY.] The term "criminal justice 
 24.9   agency" 
 24.10     (A) means: 
 24.11     (i) courts; and 
 24.12     (ii) a governmental agency or any subunit thereof that: 
 24.13     (I) performs the administration of criminal justice 
 24.14  pursuant to a statute or executive order; and 
 24.15     (II) allocates a substantial part of its annual budget to 
 24.16  the administration of criminal justice; and 
 24.17     (B) includes federal and state inspectors general offices. 
 24.18     (8) [CRIMINAL JUSTICE SERVICES.] The term "criminal justice 
 24.19  services" means services provided by the FBI to criminal justice 
 24.20  agencies in response to a request for information about a 
 24.21  particular individual or as an update to information previously 
 24.22  provided for criminal justice purposes. 
 24.23     (9) [CRITERION OFFENSE.] The term "criterion offense" means 
 24.24  any felony or misdemeanor offense not included on the list of 
 24.25  nonserious offenses published periodically by the FBI. 
 24.26     (10) [DIRECT ACCESS.] The term "direct access" means access 
 24.27  to the National Identification Index by computer terminal or 
 24.28  other automated means not requiring the assistance of or 
 24.29  intervention by any other party or agency. 
 24.30     (11) [EXECUTIVE ORDER.] The term "executive order" means an 
 24.31  order of the President of the United States or the chief 
 24.32  executive officer of a state that has the force of law and that 
 24.33  is promulgated in accordance with applicable law. 
 24.34     (12) [FBI.] The term "FBI" means the Federal Bureau of 
 24.35  Investigation. 
 24.36     (13) [INTERSTATE IDENTIFICATION INDEX SYSTEM.] The term 
 25.1   "Interstate Identification Index System" or "III System" 
 25.2      (A) means the cooperative federal-state system for the 
 25.3   exchange of criminal history records; and 
 25.4      (B) includes the National Identification Index, the 
 25.5   National Fingerprint File, and, to the extent of their 
 25.6   participation in such system, the criminal history record 
 25.7   repositories of the states and the FBI. 
 25.8      (14) [NATIONAL FINGERPRINT FILE.] The term "National 
 25.9   Fingerprint File" means a database of fingerprints, or other 
 25.10  uniquely personal identifying information, relating to an 
 25.11  arrested or charged individual maintained by the FBI to provide 
 25.12  positive identification of record subjects indexed in the III 
 25.13  System. 
 25.14     (15) [NATIONAL IDENTIFICATION INDEX.] The term "National 
 25.15  Identification Index" means an index maintained by the FBI 
 25.16  consisting of names, identifying numbers, and other descriptive 
 25.17  information relating to record subjects about whom there are 
 25.18  criminal history records in the III System. 
 25.19     (16) [NATIONAL INDEXES.] The term "national indexes" means 
 25.20  the National Identification Index and the National Fingerprint 
 25.21  File. 
 25.22     (17) [NONPARTY STATE.] The term "nonparty state" means a 
 25.23  state that has not ratified this compact. 
 25.24     (18) [NONCRIMINAL JUSTICE PURPOSES.] The term "noncriminal 
 25.25  justice purposes" means uses of criminal history records for 
 25.26  purposes authorized by federal or state law other than purposes 
 25.27  relating to criminal justice activities, including employment 
 25.28  suitability, licensing determinations, immigration and 
 25.29  naturalization matters, and national security clearances. 
 25.30     (19) [PARTY STATE.] The term "party state" means a state 
 25.31  that has ratified this compact. 
 25.32     (20) [POSITIVE IDENTIFICATION.] The term "positive 
 25.33  identification" means a determination, based upon a comparison 
 25.34  of fingerprints or other equally reliable biometric 
 25.35  identification techniques, that the subject of a record search 
 25.36  is the same person as the subject of a criminal history record 
 26.1   or records indexed in the III System.  Identifications based 
 26.2   solely upon a comparison of subjects' names or other nonunique 
 26.3   identification characteristics or numbers, or combinations 
 26.4   thereof, shall not constitute positive identification. 
 26.5      (21) [SEALED RECORD INFORMATION.] The term "sealed record 
 26.6   information" means: 
 26.7      (A) with respect to adults, that portion of a record that 
 26.8   is: 
 26.9      (i) not available for criminal justice uses; 
 26.10     (ii) not supported by fingerprints or other accepted means 
 26.11  of positive identification; or 
 26.12     (iii) subject to restrictions on dissemination for 
 26.13  noncriminal justice purposes pursuant to a court order related 
 26.14  to a particular subject or pursuant to a federal or state 
 26.15  statute that requires action on a sealing petition filed by a 
 26.16  particular record subject; and 
 26.17     (B) with respect to juveniles, whatever each state 
 26.18  determines is a sealed record under its own law and procedure. 
 26.19     (22) [STATE.] The term "state" means any state, territory, 
 26.20  or possession of the United States, the District of Columbia, 
 26.21  and the Commonwealth of Puerto Rico. 
 26.22                            ARTICLE II 
 26.23                             PURPOSES 
 26.24     The purposes of this compact are to: 
 26.25     (1) provide a legal framework for the establishment of a 
 26.26  cooperative federal-state system for the interstate and 
 26.27  federal-state exchange of criminal history records for 
 26.28  noncriminal justice uses; 
 26.29     (2) require the FBI to permit use of the National 
 26.30  Identification Index and the National Fingerprint File by each 
 26.31  party state, and to provide, in a timely fashion, federal and 
 26.32  state criminal history records to requesting states, in 
 26.33  accordance with the terms of this compact and with rules, 
 26.34  procedures, and standards established by the council under 
 26.35  article VI; 
 26.36     (3) require party states to provide information and records 
 27.1   for the National Identification Index and the National 
 27.2   Fingerprint File and to provide criminal history records, in a 
 27.3   timely fashion, to criminal history record repositories of other 
 27.4   states and the federal government for noncriminal justice 
 27.5   purposes, in accordance with the terms of this compact and with 
 27.6   rules, procedures, and standards established by the council 
 27.7   under article VI; 
 27.8      (4) provide for the establishment of a council to monitor 
 27.9   III System operations and to prescribe system rules and 
 27.10  procedures for the effective and proper operation of the III 
 27.11  System for noncriminal justice purposes; and 
 27.12     (5) require the FBI and each party state to adhere to III 
 27.13  System standards concerning record dissemination and use, 
 27.14  response times, system security, data quality, and other duly 
 27.15  established standards, including those that enhance the accuracy 
 27.16  and privacy of such records. 
 27.17                           ARTICLE III 
 27.18               RESPONSIBILITIES OF COMPACT PARTIES 
 27.19     (a) [FBI RESPONSIBILITIES.] The director of the FBI shall: 
 27.20     (1) appoint an FBI compact officer who shall: 
 27.21     (A) administer this compact within the Department of 
 27.22  Justice and among federal agencies and other agencies and 
 27.23  organizations that submit search requests to the FBI pursuant to 
 27.24  article V(c); 
 27.25     (B) ensure that compact provisions and rules, procedures, 
 27.26  and standards prescribed by the council under article VI are 
 27.27  complied with by the Department of Justice and the federal 
 27.28  agencies and other agencies and organizations referred to in 
 27.29  article III(1)(A); and 
 27.30     (C) regulate the use of records received by means of the 
 27.31  III System from party states when such records are supplied by 
 27.32  the FBI directly to other federal agencies; 
 27.33     (2) provide to federal agencies and to state criminal 
 27.34  history record repositories, criminal history records maintained 
 27.35  in its database for the noncriminal justice purposes described 
 27.36  in article IV, including: 
 28.1      (A) information from nonparty states; and 
 28.2      (B) information from party states that is available from 
 28.3   the FBI through the III System, but is not available from the 
 28.4   party state through the III System; 
 28.5      (3) provide a telecommunications network and maintain 
 28.6   centralized facilities for the exchange of criminal history 
 28.7   records for both criminal justice purposes and the noncriminal 
 28.8   justice purposes described in article IV, and ensure that the 
 28.9   exchange of such records for criminal justice purposes has 
 28.10  priority over exchange for noncriminal justice purposes; and 
 28.11     (4) modify or enter into user agreements with nonparty 
 28.12  state criminal history record repositories to require them to 
 28.13  establish record request procedures conforming to those 
 28.14  prescribed in article V. 
 28.15     (b) [STATE RESPONSIBILITIES.] Each party state shall: 
 28.16     (1) appoint a compact officer who shall: 
 28.17     (A) administer this compact within that state; 
 28.18     (B) ensure that compact provisions and rules, procedures, 
 28.19  and standards established by the council under article VI are 
 28.20  complied with in the state; and 
 28.21     (C) regulate the in-state use of records received by means 
 28.22  of the III System from the FBI or from other party states; 
 28.23     (2) establish and maintain a criminal history record 
 28.24  repository, which shall provide: 
 28.25     (A) information and records for the National Identification 
 28.26  Index and the National Fingerprint File; and 
 28.27     (B) the state's III System-indexed criminal history records 
 28.28  for noncriminal justice purposes described in article IV; 
 28.29     (3) participate in the National Fingerprint File; and 
 28.30     (4) provide and maintain telecommunications links and 
 28.31  related equipment necessary to support the services set forth in 
 28.32  this compact. 
 28.33     (c) [COMPLIANCE WITH III SYSTEM STANDARDS.] In carrying out 
 28.34  their responsibilities under this compact, the FBI and each 
 28.35  party state shall comply with III System rules, procedures, and 
 28.36  standards duly established by the council concerning record 
 29.1   dissemination and use, response times, data quality, system 
 29.2   security, accuracy, privacy protection, and other aspects of III 
 29.3   System operation. 
 29.4      (d) [MAINTENANCE OF RECORD SERVICES.] 
 29.5      (1) Use of the III System for noncriminal justice purposes 
 29.6   authorized in this compact shall be managed so as not to 
 29.7   diminish the level of services provided in support of criminal 
 29.8   justice purposes. 
 29.9      (2) Administration of compact provisions shall not reduce 
 29.10  the level of service available to authorized noncriminal justice 
 29.11  users on the effective date of this compact. 
 29.12                            ARTICLE IV 
 29.13                  AUTHORIZED RECORD DISCLOSURES 
 29.14     (a) [STATE CRIMINAL HISTORY RECORD REPOSITORIES.] To the 
 29.15  extent authorized by United States Code, title 5, section 552a, 
 29.16  commonly known as the "Privacy Act of 1974," the FBI shall 
 29.17  provide on request criminal history records (excluding sealed 
 29.18  records) to state criminal history record repositories for 
 29.19  noncriminal justice purposes allowed by federal statute, federal 
 29.20  executive order, or a state statute that has been approved by 
 29.21  the attorney general and that authorizes national indexes checks.
 29.22     (b) [CRIMINAL JUSTICE AGENCIES AND OTHER GOVERNMENTAL OR 
 29.23  NONGOVERNMENTAL AGENCIES.] The FBI, to the extent authorized by 
 29.24  United States Code, title 5, section 552a, commonly known as the 
 29.25  "Privacy Act of 1974," and state criminal history record 
 29.26  repositories shall provide criminal history records (excluding 
 29.27  sealed records) to criminal justice agencies and other 
 29.28  governmental or nongovernmental agencies for noncriminal justice 
 29.29  purposes allowed by federal statute, federal executive order, or 
 29.30  a state statute that has been approved by the attorney general, 
 29.31  that authorizes national indexes checks. 
 29.32     (c) [PROCEDURES.] Any record obtained under this compact 
 29.33  may be used only for the official purposes for which the record 
 29.34  was requested.  Each compact officer shall establish procedures, 
 29.35  consistent with this compact, and with rules, procedures, and 
 29.36  standards established by the council under article VI, which 
 30.1   procedures shall protect the accuracy and privacy of the 
 30.2   records, and shall: 
 30.3      (1) ensure that records obtained under this compact are 
 30.4   used only by authorized officials for authorized purposes; 
 30.5      (2) require that subsequent record checks are requested to 
 30.6   obtain current information whenever a new need arises; and 
 30.7      (3) ensure that record entries that may not legally be used 
 30.8   for a particular noncriminal justice purpose are deleted from 
 30.9   the response and, if no information authorized for release 
 30.10  remains, an appropriate "no record" response is communicated to 
 30.11  the requesting official. 
 30.12                            ARTICLE V 
 30.13                    RECORD REQUEST PROCEDURES 
 30.14     (a) [POSITIVE IDENTIFICATION.] Subject fingerprints or 
 30.15  other approved forms of positive identification shall be 
 30.16  submitted with all requests for criminal history record checks 
 30.17  for noncriminal justice purposes. 
 30.18     (b) [SUBMISSION OF STATE REQUESTS.] Each request for a 
 30.19  criminal history record check utilizing the national indexes 
 30.20  made under any approved state statute shall be submitted through 
 30.21  that state's criminal history record repository.  A state 
 30.22  criminal history record repository shall process an interstate 
 30.23  request for noncriminal justice purposes through the national 
 30.24  indexes only if such request is transmitted through another 
 30.25  state criminal history record repository or the FBI. 
 30.26     (c) [SUBMISSION OF FEDERAL REQUESTS.] Each request for 
 30.27  criminal history record checks utilizing the national indexes 
 30.28  made under federal authority shall be submitted through the FBI 
 30.29  or, if the state criminal history record repository consents to 
 30.30  process fingerprint submissions, through the criminal history 
 30.31  record repository in the state in which such request 
 30.32  originated.  Direct access to the National Identification Index 
 30.33  by entities other than the FBI and state criminal history 
 30.34  records repositories shall not be permitted for noncriminal 
 30.35  justice purposes. 
 30.36     (d) [FEES.] A state criminal history record repository or 
 31.1   the FBI: 
 31.2      (1) may charge a fee, in accordance with applicable law, 
 31.3   for handling a request involving fingerprint processing for 
 31.4   noncriminal justice purposes; and 
 31.5      (2) may not charge a fee for providing criminal history 
 31.6   records in response to an electronic request for a record that 
 31.7   does not involve a request to process fingerprints. 
 31.8      (e) [ADDITIONAL SEARCH.] 
 31.9      (1) If a state criminal history record repository cannot 
 31.10  positively identify the subject of a record request made for 
 31.11  noncriminal justice purposes, the request, together with 
 31.12  fingerprints or other approved identifying information, shall be 
 31.13  forwarded to the FBI for a search of the national indexes. 
 31.14     (2) If, with respect to a request forwarded by a state 
 31.15  criminal history record repository under paragraph (1), the FBI 
 31.16  positively identifies the subject as having a III System-indexed 
 31.17  record or records; 
 31.18     (A) the FBI shall so advise the state criminal history 
 31.19  record repository; and 
 31.20     (B) the state criminal history record repository shall be 
 31.21  entitled to obtain the additional criminal history record 
 31.22  information from the FBI or other state criminal history record 
 31.23  repositories. 
 31.24                            ARTICLE VI 
 31.25                 ESTABLISHMENT OF COMPACT COUNCIL
 31.26     (a) [ESTABLISHMENT.] 
 31.27     (1) [IN GENERAL.] There is established a council to be 
 31.28  known as the "Compact Council," which shall have the authority 
 31.29  to promulgate rules and procedures governing the use of the III 
 31.30  System for noncriminal justice purposes, not to conflict with 
 31.31  FBI administration of the III System for criminal justice 
 31.32  purposes.  
 31.33     (2) [ORGANIZATION.] The council shall: 
 31.34     (A) continue in existence as long as this compact remains 
 31.35  in effect; 
 31.36     (B) be located, for administrative purposes, within the 
 32.1   FBI; and 
 32.2      (C) be organized and hold its first meeting as soon as 
 32.3   practicable after the effective date of this Compact. 
 32.4      (b) [MEMBERSHIP.] The council shall be composed of 15 
 32.5   members, each of whom shall be appointed by the attorney 
 32.6   general, as follows: 
 32.7      (1) Nine members, each of whom shall serve a two-year term, 
 32.8   who shall be selected from among the compact officers of party 
 32.9   states based on the recommendation of the compact officers of 
 32.10  all party states, except that, in the absence of the requisite 
 32.11  number of compact officers available to serve, the chief 
 32.12  administrators of the criminal history record repositories of 
 32.13  nonparty states shall be eligible to serve on an interim basis. 
 32.14     (2) Two at-large members, nominated by the Director of the 
 32.15  FBI, each of whom shall serve a three-year term, of whom: 
 32.16     (A) one shall be a representative of the criminal justice 
 32.17  agencies of the federal government and may not be an employee of 
 32.18  the FBI; and 
 32.19     (B) one shall be a representative of the noncriminal 
 32.20  justice agencies of the federal government. 
 32.21     (3) Two at-large members, nominated by the chairman of the 
 32.22  council, once the chair is elected pursuant to article VI(c), 
 32.23  each of whom shall serve a three-year term, of whom: 
 32.24     (A) one shall be a representative of state or local 
 32.25  criminal justice agencies; and 
 32.26     (B) one shall be a representative of state or local 
 32.27  noncriminal justice agencies. 
 32.28     (4) One member, who shall serve a three-year term, and who 
 32.29  shall simultaneously be a member of the FBI's advisory policy 
 32.30  board on criminal justice information services, nominated by the 
 32.31  membership of that policy board. 
 32.32     (5) One member, nominated by the Director of the FBI, who 
 32.33  shall serve a three-year term, and who shall be an employee of 
 32.34  the FBI. 
 32.35     (c) [CHAIR AND VICE-CHAIR.] 
 32.36     (1) [IN GENERAL.] From its membership, the council shall 
 33.1   elect a chair and a vice-chair of the council, respectively.  
 33.2   Both the chair and vice-chair of the council: 
 33.3      (A) shall be a compact officer, unless there is no compact 
 33.4   officer on the council who is willing to serve, in which case 
 33.5   the chair may be an at-large member; and 
 33.6      (B) shall serve a two-year term and may be reelected to 
 33.7   only one additional two-year term. 
 33.8      (2) [DUTIES OF VICE-CHAIR.] The vice-chair of the council 
 33.9   shall serve as the chair of the council in the absence of the 
 33.10  chair. 
 33.11     (d) [MEETINGS.] 
 33.12     (1) [IN GENERAL.] The council shall meet at least once each 
 33.13  year at the call of the chair.  Each meeting of the council 
 33.14  shall be open to the public.  The council shall provide prior 
 33.15  public notice in the Federal Register of each meeting of the 
 33.16  council, including the matters to be addressed at such meeting. 
 33.17     (2) [QUORUM.] A majority of the council or any committee of 
 33.18  the council shall constitute a quorum of the council or of such 
 33.19  committee, respectively, for the conduct of business.  A lesser 
 33.20  number may meet to hold hearings, take testimony, or conduct any 
 33.21  business not requiring a vote. 
 33.22     (e) [RULES, PROCEDURES, AND STANDARDS.] The council shall 
 33.23  make available for public inspection and copying at the council 
 33.24  office within the FBI, and shall publish in the Federal 
 33.25  Register, any rules, procedures, or standards established by the 
 33.26  council. 
 33.27     (f) [ASSISTANCE FROM FBI.] The council may request from the 
 33.28  FBI such reports, studies, statistics, or other information or 
 33.29  materials as the council determines to be necessary to enable 
 33.30  the council to perform its duties under this compact.  The FBI, 
 33.31  to the extent authorized by law, may provide such assistance or 
 33.32  information upon such a request. 
 33.33     (g) [COMMITTEES.] The chair may establish committees as 
 33.34  necessary to carry out this compact and may prescribe their 
 33.35  membership, responsibilities, and duration. 
 33.36                           ARTICLE VII 
 34.1                      RATIFICATION OF COMPACT 
 34.2      This compact shall take effect upon being entered into by 
 34.3   two or more states as between those states and the federal 
 34.4   government.  Upon subsequent entering into this compact by 
 34.5   additional states, it shall become effective among those states 
 34.6   and the federal government and each party state that has 
 34.7   previously ratified it.  When ratified, this compact shall have 
 34.8   the full force and effect of law within the ratifying 
 34.9   jurisdictions.  The form of ratification shall be in accordance 
 34.10  with the laws of the executing state. 
 34.11                           ARTICLE VIII 
 34.12                     MISCELLANEOUS PROVISIONS 
 34.13     (a) [RELATION OF COMPACT TO CERTAIN FBI ACTIVITIES.] 
 34.14  Administration of this compact shall not interfere with the 
 34.15  management and control of the Director of the FBI over the FBI's 
 34.16  collection and dissemination of criminal history records and the 
 34.17  advisory function of the FBI's advisory policy board chartered 
 34.18  under the Federal Advisory Committee Act (United States Code, 
 34.19  title 5, appendix 2) for all purposes other than noncriminal 
 34.20  justice. 
 34.21     (b) [NO AUTHORITY FOR NONAPPROPRIATED 
 34.22  EXPENDITURES.] Nothing in this compact shall require the FBI to 
 34.23  obligate or expend funds beyond those appropriated to the FBI. 
 34.24     (c) [RELATING TO PUBLIC LAW NUMBER 92-544.] Nothing in this 
 34.25  compact shall diminish or lessen the obligations, 
 34.26  responsibilities, and authorities of any state, whether a party 
 34.27  state or a nonparty state, or of any criminal history record 
 34.28  repository or other subdivision or component thereof, under the 
 34.29  Departments of State, Justice, and Commerce, the Judiciary, and 
 34.30  Related Agencies Appropriation Act, 1973 (Public Law Number 
 34.31  92-544), or regulations and guidelines promulgated thereunder, 
 34.32  including the rules and procedures promulgated by the council 
 34.33  under article VI(a), regarding the use and dissemination of 
 34.34  criminal history records and information. 
 34.35                            ARTICLE IX 
 34.36                           RENUNCIATION 
 35.1      (a) [IN GENERAL.] This compact shall bind each party state 
 35.2   until renounced by the party state. 
 35.3      (b) [EFFECT.] Any renunciation of this compact by a party 
 35.4   state shall: 
 35.5      (1) be effected in the same manner by which the party state 
 35.6   ratified this compact; and 
 35.7      (2) become effective 180 days after written notice of 
 35.8   renunciation is provided by the party state to each other party 
 35.9   state and to the federal government. 
 35.10                            ARTICLE X 
 35.11                           SEVERABILITY 
 35.12     The provisions of this compact shall be severable, and if 
 35.13  any phrase, clause, sentence, or provision of this compact is 
 35.14  declared to be contrary to the constitution of any participating 
 35.15  state, or to the Constitution of the United States, or the 
 35.16  applicability thereof to any government, agency, person, or 
 35.17  circumstance is held invalid, the validity of the remainder of 
 35.18  this compact and the applicability thereof to any government, 
 35.19  agency, person, or circumstance shall not be affected thereby.  
 35.20  If a portion of this compact is held contrary to the 
 35.21  constitution of any party state, all other portions of this 
 35.22  compact shall remain in full force and effect as to the 
 35.23  remaining party states and in full force and effect as to the 
 35.24  party state affected, as to all other provisions. 
 35.25                            ARTICLE XI 
 35.26                     ADJUDICATION OF DISPUTES 
 35.27     (a) [IN GENERAL.] The council shall: 
 35.28     (1) have initial authority to make determinations with 
 35.29  respect to any dispute regarding 
 35.30     (A) interpretation of this compact; 
 35.31     (B) any rule or standard established by the council 
 35.32  pursuant to article V; and 
 35.33     (C) any dispute or controversy between any parties to this 
 35.34  compact; and 
 35.35     (2) hold a hearing concerning any dispute described in 
 35.36  paragraph (1) at a regularly scheduled meeting of the council 
 36.1   and only render a decision based upon a majority vote of the 
 36.2   members of the council.  Such decision shall be published 
 36.3   pursuant to the requirements of article VI(e). 
 36.4      (b) [DUTIES OF THE FBI.] The FBI shall exercise immediate 
 36.5   and necessary action to preserve the integrity of the III 
 36.6   System, maintain system policy and standards, protect the 
 36.7   accuracy and privacy of records, and to prevent abuses, until 
 36.8   the council holds a hearing on such matters. 
 36.9      (c) [RIGHT OF APPEAL.] The FBI or a party state may appeal 
 36.10  any decision of the council to the attorney general, and 
 36.11  thereafter may file suit in the appropriate district court of 
 36.12  the United States, which shall have original jurisdiction of all 
 36.13  cases or controversies arising under this compact.  Any suit 
 36.14  arising under this compact and initiated in a state court shall 
 36.15  be removed to the appropriate district court of the United 
 36.16  States in the manner provided by United States Code, title 28, 
 36.17  section 1446, or other statutory authority. 
 36.18     Sec. 34.  [299C.582] [POWERS WITH RELATION TO COMPACT.] 
 36.19     The commissioner of public safety or a designee is hereby 
 36.20  authorized and directed to do all things necessary or incidental 
 36.21  to the carrying out of the compact. 
 36.22     Sec. 35.  Minnesota Statutes 1998, section 609.115, 
 36.23  subdivision 5, is amended to read: 
 36.24     Subd. 5.  [REPORT TO COMMISSIONER OR LOCAL CORRECTIONAL 
 36.25  AGENCY.] If the defendant is sentenced to the commissioner of 
 36.26  corrections, a copy of any report made pursuant to this section 
 36.27  and not made by the commissioner shall accompany the 
 36.28  commitment.  If the defendant is sentenced to a local 
 36.29  correctional agency or facility, a copy of the report must be 
 36.30  provided to that agency or facility. 
 36.31     Sec. 36.  Laws 1999, chapter 216, article 2, section 27, 
 36.32  subdivision 1, is amended to read: 
 36.33     Subdivision 1.  [PILOT PROJECT AUTHORIZED; PURPOSE.] The 
 36.34  fourth judicial district may establish a domestic fatality 
 36.35  review team as a 30-month pilot project to review domestic 
 36.36  violence deaths that have occurred in the district.  The team 
 37.1   may review cases in which prosecution has been completed or the 
 37.2   prosecutorial authority has decided not to pursue the case.  The 
 37.3   purpose of the review team is to assess domestic violence deaths 
 37.4   in order to develop recommendations for policies and protocols 
 37.5   for community prevention and intervention initiatives to reduce 
 37.6   and eliminate the incidence of domestic violence and resulting 
 37.7   fatalities. 
 37.8      Sec. 37.  Laws 1999, chapter 216, article 2, section 27, is 
 37.9   amended by adding a subdivision to read: 
 37.10     Subd. 3a.  [DUTIES; ACCESS TO DATA.] (a) The domestic 
 37.11  fatality review team shall collect, review, and analyze death 
 37.12  certificates and death data, including investigative reports; 
 37.13  medical and counseling records; victim service records; 
 37.14  employment records; child abuse reports; or other information 
 37.15  concerning domestic violence deaths; survivor interviews and 
 37.16  surveys; and other information deemed by the team as necessary 
 37.17  and appropriate concerning the causes and manner of domestic 
 37.18  violence deaths. 
 37.19     (b) As part of any review, the domestic fatality review 
 37.20  team may compel the production of records by applying to the 
 37.21  district court for a subpoena, which will be effective 
 37.22  throughout the state according to the rules of civil procedure.  
 37.23  The review team has access to the following not public data, as 
 37.24  defined in Minnesota Statutes, section 13.02, subdivision 8a, 
 37.25  relating to a case being reviewed by the team:  inactive law 
 37.26  enforcement investigative data under Minnesota Statutes, section 
 37.27  13.82; autopsy records and coroner or medical examiner 
 37.28  investigative data under Minnesota Statutes, section 13.83; 
 37.29  hospital, public health, or other medical records of the victim 
 37.30  under Minnesota Statutes, section 13.42; and records under 
 37.31  Minnesota Statutes, section 13.46, created by social service 
 37.32  agencies that provided services to the victim, the alleged 
 37.33  perpetrator, or another victim who experienced or was threatened 
 37.34  with domestic abuse by the perpetrator; and child maltreatment 
 37.35  records under Minnesota Statutes, section 626.556, relating to 
 37.36  the victim or a family or household member of the victim.  
 38.1   Access to medical records under this paragraph also includes 
 38.2   records governed by Minnesota Statutes, section 144.335. 
 38.3      Sec. 38.  Laws 1999, chapter 216, article 2, section 27, is 
 38.4   amended by adding a subdivision to read: 
 38.5      Subd. 3b.  [CONFIDENTIALITY; DATA PRIVACY.] A person 
 38.6   attending a domestic fatality review team meeting may not 
 38.7   disclose what transpired at the meeting, except to carry out the 
 38.8   purposes of the review team, and except as otherwise provided in 
 38.9   this subdivision.  The review team may disclose the names of the 
 38.10  victims in the cases it reviewed.  The proceedings and records 
 38.11  of the review team are confidential data as defined in Minnesota 
 38.12  Statutes, section 13.02, subdivision 3, or protected nonpublic 
 38.13  data as defined in Minnesota Statutes, section 13.02, 
 38.14  subdivision 13, regardless of their classification in the hands 
 38.15  of the person who provided the data, and are not subject to 
 38.16  discovery or introduction into evidence in a civil or criminal 
 38.17  action against a professional, the state or a county agency, 
 38.18  arising out of the matters the team is reviewing.  Information, 
 38.19  documents, and records otherwise available from other sources 
 38.20  are not immune from discovery or use in a civil or criminal 
 38.21  action solely because they were presented during proceedings of 
 38.22  the review team.  This section does not limit a person who 
 38.23  presented information before the review team or who is a member 
 38.24  of the panel from testifying about matters within the person's 
 38.25  knowledge.  However, in a civil or criminal proceeding, a person 
 38.26  may not be questioned about the person's good faith presentation 
 38.27  of information to the review team or opinions formed by the 
 38.28  person as a result of the review team meetings. 
 38.29     Sec. 39.  Laws 1999, chapter 216, article 2, section 27, is 
 38.30  amended by adding a subdivision to read: 
 38.31     Subd. 3c.  [IMMUNITY.] Members of the fourth judicial 
 38.32  district domestic fatality advisory board, members of the 
 38.33  domestic fatality review team, and members of each review panel, 
 38.34  as well as their agents or employees, are immune from claims and 
 38.35  are not subject to any suits, liability, damages, or any other 
 38.36  recourse, civil or criminal, arising from any act, proceeding, 
 39.1   decision, or determination undertaken or performed or 
 39.2   recommendation made by the domestic fatality review team, 
 39.3   provided they acted in good faith and without malice in carrying 
 39.4   out their responsibilities.  Good faith is presumed until proven 
 39.5   otherwise and the complainant has the burden of proving malice 
 39.6   or a lack of good faith.  No organization, institution, or 
 39.7   person furnishing information, data, testimony, reports, or 
 39.8   records to the domestic fatality review team as part of an 
 39.9   investigation is civilly or criminally liable or subject to any 
 39.10  other recourse for providing the information. 
 39.11     Sec. 40.  [REPEALER.] 
 39.12     Minnesota Statutes 1998, section 62D.14, subdivision 4, is 
 39.13  repealed. 
 39.14     Sec. 41.  [EFFECTIVE DATE.] 
 39.15     Section 8 is effective July 1, 2001.