1.1                          A bill for an act 
  1.2             relating to data practices; providing for the 
  1.3             classification and dissemination of various data; 
  1.4             making clarifying, conforming, and technical changes; 
  1.5             amending the CriMNet law; requiring information 
  1.6             management systems to be in compliance with 
  1.7             information policy statutes; prescribing legislative 
  1.8             auditor duties; providing for the classification and 
  1.9             dissemination of CriMNet data; amending Minnesota 
  1.10            Statutes 2002, sections 13.02, subdivision 18, by 
  1.11            adding subdivisions; 13.03, subdivision 4, by adding a 
  1.12            subdivision; 13.3805, by adding a subdivision; 
  1.13            13.3806, by adding a subdivision; 13.43, subdivision 
  1.14            2, by adding a subdivision; 13.44, by adding a 
  1.15            subdivision; 13.46, subdivisions 1, 7; 13.461, by 
  1.16            adding a subdivision; 13.47, subdivision 4; 13.51, 
  1.17            subdivision 2; 13.598, as amended; 13.7931, by adding 
  1.18            a subdivision; 13.82, subdivisions 5, 24; 13.871, by 
  1.19            adding a subdivision; 13D.05, subdivision 3; 119B.02, 
  1.20            subdivision 6; 144.2215; 144.335, subdivision 3a; 
  1.21            168.346; 169.09, subdivision 13; 171.12, subdivision 
  1.22            7; 270B.14, subdivision 2; 278.05, subdivision 3; 
  1.23            299C.10, subdivision 2, by adding a subdivision; 
  1.24            299C.14; 299C.65, by adding a subdivision; 629.341, 
  1.25            subdivision 4; Minnesota Statutes 2003 Supplement, 
  1.26            sections 13.46, subdivision 2; 268.19, subdivisions 1, 
  1.27            2; 611.272; proposing coding for new law in Minnesota 
  1.28            Statutes, chapters 13; 15; 84; 144; repealing 
  1.29            Minnesota Statutes 2002, sections 13.319, subdivision 
  1.30            7; 13.475. 
  1.31  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.32                             ARTICLE 1
  1.33                            VARIOUS DATA
  1.34     Section 1.  Minnesota Statutes 2002, section 13.03, is 
  1.35  amended by adding a subdivision to read: 
  1.36     Subd. 12.  [LITIGATION DOCUMENTS.] A complaint, answer, and 
  1.37  other litigation pleadings served by or on a government entity 
  1.38  are public data to the same extent that the data would be public 
  2.1   if filed with the court. 
  2.2      Sec. 2.  [13.203] [SERVICE COOPERATIVE CLAIMS DATA.] 
  2.3      Claims experience and all related information received from 
  2.4   carriers and claims administrators participating in a group 
  2.5   health or dental plan, including any long-term disability plan, 
  2.6   offered through the Minnesota service cooperatives to Minnesota 
  2.7   school districts and other political subdivisions, and survey 
  2.8   information collected from employees and employers participating 
  2.9   in these plans and programs, except when the executive director 
  2.10  of a Minnesota service cooperative determines that release of 
  2.11  the data will not be detrimental to the plan or program, are 
  2.12  classified as nonpublic data not on individuals. 
  2.13     Sec. 3.  Minnesota Statutes 2002, section 13.3805, is 
  2.14  amended by adding a subdivision to read: 
  2.15     Subd. 3.  [OFFICE OF HEALTH FACILITY COMPLAINTS; 
  2.16  INVESTIGATIVE DATA.] All investigative data maintained by the 
  2.17  Department of Health's Office of Health Facility Complaints are 
  2.18  subject to the provisions of and classified pursuant to section 
  2.19  626.557, subdivision 12b, paragraphs (b) and (c). 
  2.20     Sec. 4.  Minnesota Statutes 2002, section 13.3806, is 
  2.21  amended by adding a subdivision to read: 
  2.22     Subd. 4a.  [BIRTH DEFECTS INFORMATION SYSTEM.] Information 
  2.23  collected for the birth defects information system is governed 
  2.24  by section 144.2217. 
  2.25     Sec. 5.  Minnesota Statutes 2002, section 13.43, 
  2.26  subdivision 2, is amended to read: 
  2.27     Subd. 2.  [PUBLIC DATA.] (a) Except for employees described 
  2.28  in subdivision 5 and the limitations described in subdivision 
  2.29  5a, the following personnel data on current and former 
  2.30  employees, volunteers, and independent contractors of a state 
  2.31  agency, statewide system, or political subdivision and members 
  2.32  of advisory boards or commissions is public: 
  2.33     (1) name; employee identification number, which must not be 
  2.34  the employee's Social Security number; actual gross salary; 
  2.35  salary range; contract fees; actual gross pension; the value and 
  2.36  nature of employer paid fringe benefits; and the basis for and 
  3.1   the amount of any added remuneration, including expense 
  3.2   reimbursement, in addition to salary; 
  3.3      (2) job title and bargaining unit; job description; 
  3.4   education and training background; and previous work experience; 
  3.5      (3) date of first and last employment; 
  3.6      (4) the existence and status of any complaints or charges 
  3.7   against the employee, regardless of whether the complaint or 
  3.8   charge resulted in a disciplinary action; 
  3.9      (5) the final disposition of any disciplinary action 
  3.10  together with the specific reasons for the action and data 
  3.11  documenting the basis of the action, excluding data that would 
  3.12  identify confidential sources who are employees of the public 
  3.13  body; 
  3.14     (6) the terms of any agreement settling any dispute arising 
  3.15  out of an employment relationship, including a buyout agreement 
  3.16  as defined in section 123B.143, subdivision 2, paragraph (a); 
  3.17  except that the agreement must include specific reasons for the 
  3.18  agreement if it involves the payment of more than $10,000 of 
  3.19  public money; 
  3.20     (7) work location; a work telephone number; badge number; 
  3.21  and honors and awards received; and 
  3.22     (8) payroll time sheets or other comparable data that are 
  3.23  only used to account for employee's work time for payroll 
  3.24  purposes, except to the extent that release of time sheet data 
  3.25  would reveal the employee's reasons for the use of sick or other 
  3.26  medical leave or other not public data; and city and county of 
  3.27  residence. 
  3.28     (b) For purposes of this subdivision, a final disposition 
  3.29  occurs when the state agency, statewide system, or political 
  3.30  subdivision makes its final decision about the disciplinary 
  3.31  action, regardless of the possibility of any later proceedings 
  3.32  or court proceedings.  In the case of arbitration proceedings 
  3.33  arising under collective bargaining agreements, a final 
  3.34  disposition occurs at the conclusion of the arbitration 
  3.35  proceedings, or upon the failure of the employee to elect 
  3.36  arbitration within the time provided by the collective 
  4.1   bargaining agreement.  Final disposition includes a resignation 
  4.2   by an individual when the resignation occurs after the final 
  4.3   decision of the state agency, statewide system, political 
  4.4   subdivision, or arbitrator. 
  4.5      (c) The state agency, statewide system, or political 
  4.6   subdivision may display a photograph of a current or former 
  4.7   employee to a prospective witness as part of the state agency's, 
  4.8   statewide system's, or political subdivision's investigation of 
  4.9   any complaint or charge against the employee. 
  4.10     (d) A complainant has access to a statement provided by the 
  4.11  complainant to a state agency, statewide system, or political 
  4.12  subdivision in connection with a complaint or charge against an 
  4.13  employee. 
  4.14     (e) Notwithstanding paragraph (a), clause (5), upon 
  4.15  completion of an investigation of a complaint or charge against 
  4.16  a public official, or if a public official resigns or is 
  4.17  terminated from employment while the complaint or charge is 
  4.18  pending, all data relating to the complaint or charge are 
  4.19  public, unless access to the data would jeopardize an active 
  4.20  investigation or reveal confidential sources.  For purposes of 
  4.21  this paragraph, "public official" means: 
  4.22     (1) the head of a state agency and deputy and assistant 
  4.23  state agency heads; 
  4.24     (2) members of boards or commissions required by law to be 
  4.25  appointed by the governor or other elective officers; and 
  4.26     (3) executive or administrative heads of departments, 
  4.27  bureaus, divisions, or institutions. 
  4.28     Sec. 6.  Minnesota Statutes 2002, section 13.43, is amended 
  4.29  by adding a subdivision to read: 
  4.30     Subd. 5a.  [LIMITATION ON DISCLOSURE OF CERTAIN PERSONNEL 
  4.31  DATA.] Notwithstanding any other provision of this section, the 
  4.32  following data relating to employees of a secure treatment 
  4.33  facility defined in section 253B.02, subdivision 18a, employees 
  4.34  of a state correctional facility, or employees of the Department 
  4.35  of Corrections directly involved in supervision of offenders in 
  4.36  the community, shall not be disclosed to facility patients, 
  5.1   corrections inmates, or other individuals whom facility or 
  5.2   correction administrators reasonably believe will use the 
  5.3   information to harass, intimidate, or assault any such 
  5.4   employees:  place where previous education or training occurred; 
  5.5   place of prior employment; and payroll timesheets or other 
  5.6   comparable data, to the extent that payroll timesheets or other 
  5.7   comparable data may disclose:  future work assignments, home 
  5.8   address or telephone number, the location of employees during 
  5.9   nonwork hours, or the location of employees' immediate family 
  5.10  members. 
  5.11     Sec. 7.  Minnesota Statutes 2002, section 13.44, is amended 
  5.12  by adding a subdivision to read: 
  5.13     Subd. 4.  [PERSONAL AND INTANGIBLE PROPERTY; APPRAISAL 
  5.14  DATA.] Preliminary and final market value appraisals, which are 
  5.15  made by personnel of a city or county or by an independent 
  5.16  appraiser acting on behalf of a city or county, of personal and 
  5.17  intangible property owned by the city or county, are classified 
  5.18  as nonpublic data not on individuals until either (1) a purchase 
  5.19  agreement is entered into; or (2) the parties negotiating the 
  5.20  transaction exchange appraisals. 
  5.21     Sec. 8.  Minnesota Statutes 2002, section 13.46, 
  5.22  subdivision 1, is amended to read: 
  5.23     Subdivision 1.  [DEFINITIONS.] As used in this section: 
  5.24     (a) "Individual" means an individual according to section 
  5.25  13.02, subdivision 8, but does not include a vendor of services. 
  5.26     (b) "Program" includes all programs for which authority is 
  5.27  vested in a component of the welfare system according to statute 
  5.28  or federal law, including, but not limited to, the aid to 
  5.29  families with dependent children program formerly codified in 
  5.30  sections 256.72 to 256.87, Minnesota family investment program, 
  5.31  temporary assistance for needy families program, medical 
  5.32  assistance, general assistance, general assistance medical care, 
  5.33  child care assistance program, and child support collections.  
  5.34     (c) "Welfare system" includes the Department of Human 
  5.35  Services, local social services agencies, county welfare 
  5.36  agencies, private licensing agencies, the public authority 
  6.1   responsible for child support enforcement, human services 
  6.2   boards, community mental health center boards, state hospitals, 
  6.3   state nursing homes, the ombudsman for mental health and mental 
  6.4   retardation, and persons, agencies, institutions, organizations, 
  6.5   and other entities under contract to any of the above agencies 
  6.6   to the extent specified in the contract. 
  6.7      (d) "Mental health data" means data on individual clients 
  6.8   and patients of community mental health centers, established 
  6.9   under section 245.62, mental health divisions of counties and 
  6.10  other providers under contract to deliver mental health 
  6.11  services, or the ombudsman for mental health and mental 
  6.12  retardation. 
  6.13     (e) "Fugitive felon" means a person who has been convicted 
  6.14  of a felony and who has escaped from confinement or violated the 
  6.15  terms of probation or parole for that offense. 
  6.16     (f) "Private licensing agency" means an agency licensed by 
  6.17  the commissioner of human services under chapter 245A to perform 
  6.18  the duties under section 245A.16. 
  6.19     Sec. 9.  Minnesota Statutes 2003 Supplement, section 13.46, 
  6.20  subdivision 2, is amended to read: 
  6.21     Subd. 2.  [GENERAL.] (a) Unless the data is summary data or 
  6.22  a statute specifically provides a different classification, data 
  6.23  on individuals collected, maintained, used, or disseminated by 
  6.24  the welfare system is private data on individuals, and shall not 
  6.25  be disclosed except:  
  6.26     (1) according to section 13.05; 
  6.27     (2) according to court order; 
  6.28     (3) according to a statute specifically authorizing access 
  6.29  to the private data; 
  6.30     (4) to an agent of the welfare system, including a law 
  6.31  enforcement person, attorney, or investigator acting for it in 
  6.32  the investigation or prosecution of a criminal or civil 
  6.33  proceeding relating to the administration of a program; 
  6.34     (5) to personnel of the welfare system who require the data 
  6.35  to verify an individual's identity; determine eligibility, 
  6.36  amount of assistance, and the need to provide services of 
  7.1   additional programs to the an individual or family across 
  7.2   programs; evaluate the effectiveness of programs; and 
  7.3   investigate suspected fraud; 
  7.4      (6) to administer federal funds or programs; 
  7.5      (7) between personnel of the welfare system working in the 
  7.6   same program; 
  7.7      (8) the amounts of cash public assistance and relief paid 
  7.8   to welfare recipients in this state, including to the Department 
  7.9   of Revenue to administer and evaluate tax refund or tax credit 
  7.10  programs and to identify individuals who may benefit from these 
  7.11  programs.  The following information may be disclosed under this 
  7.12  clause:  an individual's and their dependent's names, dates of 
  7.13  birth, Social Security numbers, income, addresses, and other 
  7.14  data as required, upon request by the Department of Revenue to 
  7.15  administer the property tax refund law, supplemental housing 
  7.16  allowance, early refund of refundable tax credits, and the 
  7.17  income tax.  "Refundable tax credits" means Disclosures by the 
  7.18  commissioner of revenue to the commissioner of human services 
  7.19  for the purposes described in this paragraph are governed by 
  7.20  section 270B.14, subdivision 1.  Tax refund or tax credit 
  7.21  programs include, but are not limited to, the dependent care 
  7.22  credit under section 290.067, the Minnesota working family 
  7.23  credit under section 290.0671, the property tax refund and 
  7.24  rental credit under section 290A.04, and, if the required 
  7.25  federal waiver or waivers are granted, the federal earned income 
  7.26  tax credit under section 32 of the Internal Revenue Code the 
  7.27  Minnesota education credit under section 290.0674; 
  7.28     (9) between the Department of Human Services, the 
  7.29  Department of Education, and the Department of Employment and 
  7.30  Economic Security Development for the purpose of monitoring the 
  7.31  eligibility of the data subject for unemployment benefits, for 
  7.32  any employment or training program administered, supervised, or 
  7.33  certified by that agency, for the purpose of administering any 
  7.34  rehabilitation program or child care assistance program, whether 
  7.35  alone or in conjunction with the welfare system, or to monitor 
  7.36  and evaluate the Minnesota family investment program by 
  8.1   exchanging data on recipients and former recipients of food 
  8.2   support, cash assistance under chapter 256, 256D, 256J, or 256K, 
  8.3   child care assistance under chapter 119B, or medical programs 
  8.4   under chapter 256B, 256D, or 256L; 
  8.5      (10) to appropriate parties in connection with an emergency 
  8.6   if knowledge of the information is necessary to protect the 
  8.7   health or safety of the individual or other individuals or 
  8.8   persons; 
  8.9      (11) data maintained by residential programs as defined in 
  8.10  section 245A.02 may be disclosed to the protection and advocacy 
  8.11  system established in this state according to Part C of Public 
  8.12  Law 98-527 to protect the legal and human rights of persons with 
  8.13  mental retardation or other related conditions who live in 
  8.14  residential facilities for these persons if the protection and 
  8.15  advocacy system receives a complaint by or on behalf of that 
  8.16  person and the person does not have a legal guardian or the 
  8.17  state or a designee of the state is the legal guardian of the 
  8.18  person; 
  8.19     (12) to the county medical examiner or the county coroner 
  8.20  for identifying or locating relatives or friends of a deceased 
  8.21  person; 
  8.22     (13) data on a child support obligor who makes payments to 
  8.23  the public agency may be disclosed to the Higher Education 
  8.24  Services Office to the extent necessary to determine eligibility 
  8.25  under section 136A.121, subdivision 2, clause (5); 
  8.26     (14) participant Social Security numbers and names 
  8.27  collected by the telephone assistance program may be disclosed 
  8.28  to the Department of Revenue to conduct an electronic data match 
  8.29  with the property tax refund database to determine eligibility 
  8.30  under section 237.70, subdivision 4a; 
  8.31     (15) the current address of a Minnesota family investment 
  8.32  program participant may be disclosed to law enforcement officers 
  8.33  who provide the name of the participant and notify the agency 
  8.34  that: 
  8.35     (i) the participant: 
  8.36     (A) is a fugitive felon fleeing to avoid prosecution, or 
  9.1   custody or confinement after conviction, for a crime or attempt 
  9.2   to commit a crime that is a felony under the laws of the 
  9.3   jurisdiction from which the individual is fleeing; or 
  9.4      (B) is violating a condition of probation or parole imposed 
  9.5   under state or federal law; 
  9.6      (ii) the location or apprehension of the felon is within 
  9.7   the law enforcement officer's official duties; and 
  9.8      (iii) the request is made in writing and in the proper 
  9.9   exercise of those duties; 
  9.10     (16) the current address of a recipient of general 
  9.11  assistance or general assistance medical care may be disclosed 
  9.12  to probation officers and corrections agents who are supervising 
  9.13  the recipient and to law enforcement officers who are 
  9.14  investigating the recipient in connection with a felony level 
  9.15  offense; 
  9.16     (17) information obtained from food support applicant or 
  9.17  recipient households may be disclosed to local, state, or 
  9.18  federal law enforcement officials, upon their written request, 
  9.19  for the purpose of investigating an alleged violation of the 
  9.20  Food Stamp Act, according to Code of Federal Regulations, title 
  9.21  7, section 272.1(c); 
  9.22     (18) the address, Social Security number, and, if 
  9.23  available, photograph of any member of a household receiving 
  9.24  food support shall be made available, on request, to a local, 
  9.25  state, or federal law enforcement officer if the officer 
  9.26  furnishes the agency with the name of the member and notifies 
  9.27  the agency that:  
  9.28     (i) the member: 
  9.29     (A) is fleeing to avoid prosecution, or custody or 
  9.30  confinement after conviction, for a crime or attempt to commit a 
  9.31  crime that is a felony in the jurisdiction the member is 
  9.32  fleeing; 
  9.33     (B) is violating a condition of probation or parole imposed 
  9.34  under state or federal law; or 
  9.35     (C) has information that is necessary for the officer to 
  9.36  conduct an official duty related to conduct described in subitem 
 10.1   (A) or (B); 
 10.2      (ii) locating or apprehending the member is within the 
 10.3   officer's official duties; and 
 10.4      (iii) the request is made in writing and in the proper 
 10.5   exercise of the officer's official duty; 
 10.6      (19) the current address of a recipient of Minnesota family 
 10.7   investment program, general assistance, general assistance 
 10.8   medical care, or food support may be disclosed to law 
 10.9   enforcement officers who, in writing, provide the name of the 
 10.10  recipient and notify the agency that the recipient is a person 
 10.11  required to register under section 243.166, but is not residing 
 10.12  at the address at which the recipient is registered under 
 10.13  section 243.166; 
 10.14     (20) certain information regarding child support obligors 
 10.15  who are in arrears may be made public according to section 
 10.16  518.575; 
 10.17     (21) data on child support payments made by a child support 
 10.18  obligor and data on the distribution of those payments excluding 
 10.19  identifying information on obligees may be disclosed to all 
 10.20  obligees to whom the obligor owes support, and data on the 
 10.21  enforcement actions undertaken by the public authority, the 
 10.22  status of those actions, and data on the income of the obligor 
 10.23  or obligee may be disclosed to the other party; 
 10.24     (22) data in the work reporting system may be disclosed 
 10.25  under section 256.998, subdivision 7; 
 10.26     (23) to the Department of Education for the purpose of 
 10.27  matching Department of Education student data with public 
 10.28  assistance data to determine students eligible for free and 
 10.29  reduced price meals, meal supplements, and free milk according 
 10.30  to United States Code, title 42, sections 1758, 1761, 1766, 
 10.31  1766a, 1772, and 1773; to allocate federal and state funds that 
 10.32  are distributed based on income of the student's family; and to 
 10.33  verify receipt of energy assistance for the telephone assistance 
 10.34  plan; 
 10.35     (24) the current address and telephone number of program 
 10.36  recipients and emergency contacts may be released to the 
 11.1   commissioner of health or a local board of health as defined in 
 11.2   section 145A.02, subdivision 2, when the commissioner or local 
 11.3   board of health has reason to believe that a program recipient 
 11.4   is a disease case, carrier, suspect case, or at risk of illness, 
 11.5   and the data are necessary to locate the person; 
 11.6      (25) to other state agencies, statewide systems, and 
 11.7   political subdivisions of this state, including the attorney 
 11.8   general, and agencies of other states, interstate information 
 11.9   networks, federal agencies, and other entities as required by 
 11.10  federal regulation or law for the administration of the child 
 11.11  support enforcement program; 
 11.12     (26) to personnel of public assistance programs as defined 
 11.13  in section 256.741, for access to the child support system 
 11.14  database for the purpose of administration, including monitoring 
 11.15  and evaluation of those public assistance programs; 
 11.16     (27) to monitor and evaluate the Minnesota family 
 11.17  investment program by exchanging data between the Departments of 
 11.18  Human Services and Education, on recipients and former 
 11.19  recipients of food support, cash assistance under chapter 256, 
 11.20  256D, 256J, or 256K, child care assistance under chapter 119B, 
 11.21  or medical programs under chapter 256B, 256D, or 256L; 
 11.22     (28) to evaluate child support program performance and to 
 11.23  identify and prevent fraud in the child support program by 
 11.24  exchanging data between the Department of Human Services, 
 11.25  Department of Revenue under section 270B.14, subdivision 1, 
 11.26  paragraphs (a) and (b), without regard to the limitation of use 
 11.27  in paragraph (c), Department of Health, Department of Economic 
 11.28  Security, and other state agencies as is reasonably necessary to 
 11.29  perform these functions; or 
 11.30     (29) counties operating child care assistance programs 
 11.31  under chapter 119B may disseminate data on program participants, 
 11.32  applicants, and providers to the commissioner of education. 
 11.33     (b) Information on persons who have been treated for drug 
 11.34  or alcohol abuse may only be disclosed according to the 
 11.35  requirements of Code of Federal Regulations, title 42, sections 
 11.36  2.1 to 2.67. 
 12.1      (c) Data provided to law enforcement agencies under 
 12.2   paragraph (a), clause (15), (16), (17), or (18), or paragraph 
 12.3   (b), are investigative data and are confidential or protected 
 12.4   nonpublic while the investigation is active.  The data are 
 12.5   private after the investigation becomes inactive under section 
 12.6   13.82, subdivision 5, paragraph (a) or (b). 
 12.7      (d) Mental health data shall be treated as provided in 
 12.8   subdivisions 7, 8, and 9, but is not subject to the access 
 12.9   provisions of subdivision 10, paragraph (b). 
 12.10     For the purposes of this subdivision, a request will be 
 12.11  deemed to be made in writing if made through a computer 
 12.12  interface system. 
 12.13     Sec. 10.  Minnesota Statutes 2002, section 13.46, 
 12.14  subdivision 7, is amended to read: 
 12.15     Subd. 7.  [MENTAL HEALTH CENTER DATA.] (a) Mental health 
 12.16  data are private data on individuals and shall not be disclosed, 
 12.17  except:  
 12.18     (1) pursuant to section 13.05, as determined by the 
 12.19  responsible authority for the community mental health center, 
 12.20  mental health division, or provider; 
 12.21     (2) pursuant to court order; 
 12.22     (3) pursuant to a statute specifically authorizing access 
 12.23  to or disclosure of mental health data or as otherwise provided 
 12.24  by this subdivision; or 
 12.25     (4) with the consent of the client or patient.  
 12.26     (b) An agency of the welfare system may not require an 
 12.27  individual to consent to the release of mental health data as a 
 12.28  condition for receiving services or for reimbursing a community 
 12.29  mental health center, mental health division of a county, or 
 12.30  provider under contract to deliver mental health services. 
 12.31     (c) Notwithstanding section 245.69, subdivision 2, 
 12.32  paragraph (f), or any other law to the contrary, the responsible 
 12.33  authority for a community mental health center, mental health 
 12.34  division of a county, or a mental health provider may disclose 
 12.35  mental health data to a law enforcement agency if the law 
 12.36  enforcement agency provides the name of a client or patient and 
 13.1   communicates that the: 
 13.2      (1) client or patient is currently involved in an emergency 
 13.3   interaction with the law enforcement agency; and 
 13.4      (2) data is necessary to protect the health or safety of 
 13.5   the client or patient or of another person. 
 13.6      The scope of disclosure under this paragraph is limited to 
 13.7   the minimum necessary for law enforcement to respond to the 
 13.8   emergency.  Disclosure under this paragraph may include, but is 
 13.9   not limited to, the name and telephone number of the 
 13.10  psychiatrist, psychologist, therapist, mental health 
 13.11  professional, practitioner, or case manager of the client or 
 13.12  patient.  A law enforcement agency that obtains mental health 
 13.13  data under this paragraph shall maintain a record of the 
 13.14  requestor, the provider of the information, and the client or 
 13.15  patient name.  Any mental health data obtained by the law 
 13.16  enforcement agency pursuant to this subdivision is private data 
 13.17  on individuals and may not be used by the law enforcement agency 
 13.18  for any other purpose.  A law enforcement agency that obtains 
 13.19  mental health data under this paragraph shall inform the subject 
 13.20  of the data that mental health data was obtained.  
 13.21     (d) In the event of a request under paragraph (a), clause 
 13.22  (4), a community mental health center, county mental health 
 13.23  division, or provider must release mental health data to 
 13.24  criminal mental health court personnel if they communicate that 
 13.25  the: 
 13.26     (1) client or patient is a defendant in a criminal case 
 13.27  pending in the district court; 
 13.28     (2) data being requested is limited to information that is 
 13.29  necessary to assess whether the defendant is eligible for 
 13.30  participation in the criminal mental health court; and 
 13.31     (3) client or patient has consented to the release of the 
 13.32  mental health data and a copy of the consent will be provided to 
 13.33  the community mental health center, county mental health 
 13.34  division, or provider within 72 hours of the release of the data.
 13.35     For purposes of this paragraph, "criminal mental health 
 13.36  court" refers to a specialty criminal calendar of the Hennepin 
 14.1   County District Court for defendants with mental illness and 
 14.2   brain injury where a primary goal of the calendar is to assess 
 14.3   the treatment needs of the defendants and to incorporate those 
 14.4   treatment needs into voluntary case disposition plans.  The data 
 14.5   relayed pursuant to this paragraph may be used for the sole 
 14.6   purpose of determining whether the person is eligible for 
 14.7   participation in mental health court.  This paragraph does not 
 14.8   in any way limit or otherwise extend the rights of the court to 
 14.9   obtain the release of mental health data pursuant to court order 
 14.10  or any other means allowed by law. 
 14.11     Sec. 11.  Minnesota Statutes 2002, section 13.461, is 
 14.12  amended by adding a subdivision to read: 
 14.13     Subd. 28.  [CHILD CARE ASSISTANCE PROGRAM.] Data collected, 
 14.14  maintained, used, or disseminated by the welfare system 
 14.15  pertaining to persons selected as legal nonlicensed child care 
 14.16  providers by families receiving child care assistance are 
 14.17  classified under section 119B.02, subdivision 6. 
 14.18     Sec. 12.  Minnesota Statutes 2002, section 13.47, 
 14.19  subdivision 4, is amended to read: 
 14.20     Subd. 4.  [DATA PREPARATION.] To produce data required to 
 14.21  certify the eligibility of training service providers under 
 14.22  section 268.0122, subdivision 3, clause (7), the Workforce 
 14.23  Investment Act of 1998, United States Code, title 29, section 
 14.24  2801, or other studies required by law, the commissioner of 
 14.25  economic security, in consultation with the governor's Workforce 
 14.26  Development Council, employment and economic development may: 
 14.27     (1) enter into a data exchange agreement with a training 
 14.28  service provider whereby the commissioner of economic 
 14.29  security employment and economic development shall furnish to 
 14.30  the provider wage information under section 268.044 on 
 14.31  individuals who have received training services from the 
 14.32  provider.  The provider shall use this wage information to 
 14.33  prepare summary data determined necessary by the commissioner in 
 14.34  consultation with the governor's Workforce Development Council.  
 14.35  The provider may use this wage information for conducting 
 14.36  studies to improve instruction; or 
 15.1      (2) if there is no agreement under clause (1), require the 
 15.2   training service provider to furnish employment and training 
 15.3   data determined necessary by the commissioner in consultation 
 15.4   with the governor's Workforce Development Council. 
 15.5      Sec. 13.  Minnesota Statutes 2002, section 13.51, 
 15.6   subdivision 2, is amended to read: 
 15.7      Subd. 2.  [INCOME PROPERTY ASSESSMENT DATA.] The following 
 15.8   data collected by political subdivisions from individuals or 
 15.9   business entities concerning income properties are classified as 
 15.10  private or nonpublic data pursuant to section 13.02, 
 15.11  subdivisions 9 and 12: 
 15.12     (a) detailed income and expense figures for the current 
 15.13  year plus the previous three years; 
 15.14     (b) average vacancy factors for the previous three years; 
 15.15     (c) verified net rentable areas or net usable areas, 
 15.16  whichever is appropriate; 
 15.17     (d) anticipated income and expenses for the current year; 
 15.18     (e) projected vacancy factor for the current year factors; 
 15.19  and 
 15.20     (f) lease information. 
 15.21     Sec. 14.  Minnesota Statutes 2002, section 13.598, as 
 15.22  amended by Laws 2003, First Special Session chapter 4, section 
 15.23  1, is amended to read: 
 15.24     13.598 [EMPLOYMENT AND ECONOMIC DEVELOPMENT DATA CODED 
 15.25  ELSEWHERE.] 
 15.26     Subdivision 1.  [SCOPE.] The sections referred to in 
 15.27  subdivisions 2 2a to 6 12 are codified outside this chapter and 
 15.28  include classification of employment and economic development 
 15.29  data as other than public, place restrictions on access to 
 15.30  government data, or involve data sharing.  
 15.31     Subd. 2a.  [COMMISSIONER OF EMPLOYMENT AND ECONOMIC 
 15.32  DEVELOPMENT.] Data maintained by the commissioner of employment 
 15.33  and economic development are classified under sections 268.19 
 15.34  and 469.154, subdivision 2.  
 15.35     Subd. 3.  [MINNESOTA TECHNOLOGY, INC.] Data on a tape of a 
 15.36  closed board meeting of Minnesota Technology, Inc. are 
 16.1   classified under section 116O.03, subdivision 6.  Certain data 
 16.2   disclosed to the board or employees of Minnesota Technology, 
 16.3   Inc. are classified under section 116O.03, subdivision 7.  
 16.4      Subd. 4.  [AIRCRAFT FACILITIES.] Specified data about an 
 16.5   airline submitted in connection with state financing of certain 
 16.6   aircraft maintenance facilities are classified under section 
 16.7   116R.02, subdivision 3.  
 16.8      Subd. 5.  [MINNESOTA BUSINESS FINANCE, INC.] Various data 
 16.9   held by Minnesota Business Finance, Inc. are classified under 
 16.10  section 116S.02, subdivision 8.  
 16.11     Subd. 6.  [LOCAL ECONOMIC DEVELOPMENT DATA.] (a) [ 
 16.12  PRELIMINARY INFORMATION.] Access to preliminary information 
 16.13  submitted to the commissioner of employment and economic 
 16.14  development under sections 469.142 to 469.151 or sections 
 16.15  469.152 to 469.165 is limited under section 469.154, subdivision 
 16.16  2.  
 16.17     (b)  [ENTERPRISE ZONES.] Data sharing between the 
 16.18  commissioner of revenue and the commissioner of employment and 
 16.19  economic development or a municipality receiving an enterprise 
 16.20  zone designation is governed by section 469.173, subdivision 5. 
 16.21     (c)  [TAX INCENTIVES.] Disclosure of data by the Department 
 16.22  of Revenue to determine eligibility for tax incentives available 
 16.23  under section 272.0212, 469.1732, or 469.1734, is governed by 
 16.24  section 469.1733, subdivision 1. 
 16.25     Subd. 7.  [PROGRAM DATA.] Program data collected on 
 16.26  individuals are classified by section 268.0122, subdivision 7. 
 16.27     Subd. 8.  [UNEMPLOYMENT INSURANCE HEARINGS.] Disclosure of 
 16.28  unemployment insurance hearing data is governed by section 
 16.29  268.105, subdivision 5. 
 16.30     Subd. 9.  [MINNESOTA YOUTH PROGRAM.] Data on individuals 
 16.31  under the Minnesota youth program are classified under section 
 16.32  268.561, subdivision 7. 
 16.33     Subd. 10.  [EMPLOYMENT AND TRAINING PROGRAMS; DATA 
 16.34  SHARING.] Data sharing of employment and training program data 
 16.35  between the commissioner of employment and economic development, 
 16.36  the commissioner of human services, state agency personnel, and 
 17.1   other users of the inventory, referral, and intake system, is 
 17.2   governed by section 268.86, subdivision 10. 
 17.3      Subd. 11.  [VOCATIONAL REHABILITATION DATA.] Disclosure of 
 17.4   data obtained by the Department of Employment and Economic 
 17.5   Development regarding the vocational rehabilitation of an 
 17.6   injured or disabled employee is governed by section 268A.05. 
 17.7      Subd. 12.  [EMPLOYER DATA.] The department may disseminate 
 17.8   an employer's name, address, industry code, and the number of 
 17.9   employees by ranges of not less than 100 for the purpose of 
 17.10  assisting individuals using the Minnesota Workforce Center 
 17.11  system in obtaining employment. 
 17.12     Sec. 15.  Minnesota Statutes 2002, section 13.7931, is 
 17.13  amended by adding a subdivision to read: 
 17.14     Subd. 1a.  [SPECIFIC LOCATION DATA.] Specific location data 
 17.15  are classified under section 84.0872. 
 17.16     Sec. 16.  Minnesota Statutes 2002, section 13.82, 
 17.17  subdivision 5, is amended to read: 
 17.18     Subd. 5.  [DOMESTIC ABUSE DATA.] The written police report 
 17.19  required by section 629.341, subdivision 4, of an alleged 
 17.20  incident described in section 629.341, subdivision 1, and arrest 
 17.21  data, request for service data, and response or incident data 
 17.22  described in subdivision 2, 3, or 6 that arise out of this type 
 17.23  of incident or out of an alleged violation of an order for 
 17.24  protection must be released upon request at no cost to the 
 17.25  victim of domestic abuse, the victim's attorney, or an 
 17.26  organization designated by the Minnesota Center for Crime 
 17.27  Victims Services, the Department of Corrections, or the 
 17.28  Department of Public Safety as providing services to victims of 
 17.29  domestic abuse.  The executive director or the commissioner of 
 17.30  the appropriate state agency shall develop written criteria for 
 17.31  this designation in consultation with the Advisory Council on 
 17.32  Battered Women and Domestic Abuse. 
 17.33     Sec. 17.  Minnesota Statutes 2002, section 13.871, is 
 17.34  amended by adding a subdivision to read: 
 17.35     Subd. 1a.  [MENTAL HEALTH DATA RECEIVED BY LAW 
 17.36  ENFORCEMENT.] Access to a record of certain mental health data 
 18.1   received by law enforcement from health care providers is 
 18.2   governed by section 144.335, subdivision 3a.  
 18.3      Sec. 18.  Minnesota Statutes 2002, section 13D.05, 
 18.4   subdivision 3, is amended to read: 
 18.5      Subd. 3.  [WHAT MEETINGS MAY BE CLOSED.] (a) A public body 
 18.6   may close a meeting to evaluate the performance of an individual 
 18.7   who is subject to its authority.  The public body shall identify 
 18.8   the individual to be evaluated prior to closing a meeting.  At 
 18.9   its next open meeting, the public body shall summarize its 
 18.10  conclusions regarding the evaluation.  A meeting must be open at 
 18.11  the request of the individual who is the subject of the meeting. 
 18.12     (b) Meetings may be closed if the closure is expressly 
 18.13  authorized by statute or permitted by the attorney-client 
 18.14  privilege. 
 18.15     (c) Meetings may be closed to receive security briefings 
 18.16  and reports, to discuss issues related to security systems, to 
 18.17  discuss emergency response procedures and to discuss security 
 18.18  deficiencies in or recommendations regarding public services, 
 18.19  infrastructure and facilities, if disclosure of the information 
 18.20  discussed would pose a danger to public safety or compromise 
 18.21  security procedures or responses.  Financial issues related to 
 18.22  security matters must be discussed and all related financial 
 18.23  decisions must be made at an open meeting.  Before closing a 
 18.24  meeting under this paragraph, the public body, in describing the 
 18.25  subject to be discussed, must refer to the facilities, systems, 
 18.26  procedures, services, or infrastructures to be considered during 
 18.27  the closed meeting.  A closed meeting must be tape recorded at 
 18.28  the expense of the governing body. 
 18.29     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 18.30  following final enactment. 
 18.31     Sec. 19.  [15.175] [CERTAIN EMPLOYEE RECORDS.] 
 18.32     Data, records, files, and all written or electronic 
 18.33  materials of, or relating to, a state employee who is 
 18.34  involuntarily terminated from employment with a state agency 
 18.35  must be preserved for a period of at least three years after the 
 18.36  employee's termination from employment, or a longer period as 
 19.1   required under section 138.17.  A state agency that 
 19.2   intentionally destroys, shreds, or alters data, records, files, 
 19.3   or materials in violation of this requirement is liable to the 
 19.4   employee for damages resulting from that violation, plus costs 
 19.5   and reasonable attorney fees incurred by the employee in 
 19.6   enforcing the employee's rights under this section. 
 19.7      Sec. 20.  [84.0872] [SPECIFIC LOCATION DATA.] 
 19.8      Subdivision 1.  [DEFINITION; GENERAL CLASSIFICATION.] As 
 19.9   used in this section, "specific location data" means data that 
 19.10  would enable persons to locate the protected wild animal or 
 19.11  endangered, threatened, or special concern plant or animal 
 19.12  identified by the data.  Specific location data are public data 
 19.13  unless otherwise classified in this section. 
 19.14     Subd. 2.  [NONPUBLIC DATA.] Specific location data procured 
 19.15  by the Department of Natural Resources that identify protected 
 19.16  wild animals, as defined under section 97A.015, subdivision 39, 
 19.17  or species that are designated endangered, threatened, or of 
 19.18  special concern under section 84.0895, subdivision 3, are 
 19.19  classified as nonpublic data if disclosure is likely to: 
 19.20     (1) hinder management, propagation, or research; 
 19.21     (2) facilitate unfair chase or illegal taking, transport, 
 19.22  or sale; or 
 19.23     (3) decrease the likelihood of establishing a protected 
 19.24  wild animal or bringing an endangered, threatened, or special 
 19.25  concern species to a point at which it is no longer endangered, 
 19.26  threatened, or of special concern. 
 19.27     The commissioner upon request shall explain the basis for 
 19.28  classifying specific location data as nonpublic data. 
 19.29     Subd. 3.  [DISCLOSURE.] The commissioner may disclose data 
 19.30  classified as nonpublic under subdivision 2 to a person, an 
 19.31  agency, or the public if the commissioner determines that the 
 19.32  disclosure will promote public benefit by: 
 19.33     (1) aiding the environmental review process; 
 19.34     (2) aiding research, education, or conservation planning; 
 19.35  or 
 19.36     (3) providing information to landowners about locations 
 20.1   occurring on the landowners' property, if provision of the 
 20.2   information will promote protection of the resource. 
 20.3      Sec. 21.  Minnesota Statutes 2002, section 119B.02, 
 20.4   subdivision 6, is amended to read: 
 20.5      Subd. 6.  [DATA.] Data on individuals collected by the 
 20.6   commissioner for purposes of administering this chapter are 
 20.7   private data on individuals as defined in section 13.02.  Data 
 20.8   collected, maintained, used, or disseminated by the welfare 
 20.9   system pertaining to persons selected as legal nonlicensed child 
 20.10  care providers by families receiving child care assistance shall 
 20.11  be treated as licensing data as provided in section 13.46, 
 20.12  subdivision 4. 
 20.13     Sec. 22.  Minnesota Statutes 2002, section 144.2215, is 
 20.14  amended to read: 
 20.15     144.2215 [MINNESOTA BIRTH DEFECTS REGISTRY INFORMATION 
 20.16  SYSTEM.] 
 20.17     Subdivision 1.  [ESTABLISHMENT.] The commissioner of health 
 20.18  shall develop a statewide birth defects registry system to 
 20.19  provide for the collection, analysis, and dissemination of birth 
 20.20  defects information establish and maintain an information system 
 20.21  containing data on the cause, treatment, prevention, and cure of 
 20.22  major birth defects.  The commissioner shall consult with 
 20.23  representatives and experts in epidemiology, medicine, 
 20.24  insurance, health maintenance organizations, genetics, 
 20.25  consumers, and voluntary organizations in developing the system 
 20.26  and may phase in the implementation of the system. 
 20.27     Subd. 2.  [DUTIES OF COMMISSIONER.] The commissioner of 
 20.28  health shall design a system that allows the commissioner to: 
 20.29     (1) monitor incidence trends of birth defects to detect 
 20.30  potential public health problems, predict risks, and assist in 
 20.31  responding to birth defects clusters; 
 20.32     (2) more accurately target intervention, prevention, and 
 20.33  services for communities, patients, and their families; 
 20.34     (3) inform health professionals and citizens of the 
 20.35  prevalence of and risks for birth defects; 
 20.36     (4) conduct scientific investigation and surveys of the 
 21.1   causes, mortality, methods of treatment, prevention, and cure 
 21.2   for birth defects; 
 21.3      (5) modify, as necessary, the birth defects information 
 21.4   system through demonstration projects; 
 21.5      (6) remove identifying information about a child whose 
 21.6   parent or legal guardian has chosen not to participate in the 
 21.7   system as permitted by section 144.2216, subdivision 4; 
 21.8      (7) protect the individually identifiable information as 
 21.9   required by section 144.2217; 
 21.10     (8) limit the dissemination of identifying information as 
 21.11  required by sections 144.2218 and 144.2219; and 
 21.12     (9) use the birth defects coding scheme defined by the 
 21.13  Centers for Disease Control and Prevention (CDC) of the United 
 21.14  States Public Health Service.  
 21.15     Sec. 23.  [144.2216] [BIRTH DEFECTS RECORDS AND REPORTS 
 21.16  REQUIRED.] 
 21.17     Subdivision 1.  [HOSPITALS AND SIMILAR INSTITUTIONS.] With 
 21.18  the informed consent of a parent or guardian, a hospital, 
 21.19  medical clinic, medical laboratory, or other institution for the 
 21.20  hospitalization, clinical or laboratory diagnosis, or care of 
 21.21  human beings shall provide the commissioner of health with 
 21.22  access to information on each birth defect case in the manner 
 21.23  and at the times that the commissioner designates. 
 21.24     Subd. 2.  [OTHER INFORMATION REPOSITORIES.] With the 
 21.25  informed consent of a parent or guardian, other repositories of 
 21.26  information on the diagnosis or care of infants may provide the 
 21.27  commissioner with access to information on each case of birth 
 21.28  defects in the manner and at the times that the commissioner 
 21.29  designates. 
 21.30     Subd. 3.  [REPORTING WITHOUT LIABILITY.] Furnishing 
 21.31  information in good faith in compliance with this section does 
 21.32  not subject the person, hospital, medical clinic, medical 
 21.33  laboratory, data repository, or other institution furnishing the 
 21.34  information to any action for damages or relief. 
 21.35     Subd. 4.  [OPT OUT.] A parent or legal guardian must be 
 21.36  informed by the commissioner at the time of the initial data 
 22.1   collection that they may request removal at any time of personal 
 22.2   identifying information concerning a child from the birth 
 22.3   defects information system using a written form prescribed by 
 22.4   the commissioner.  The commissioner shall advise parents or 
 22.5   legal guardians of infants: 
 22.6      (1) that the information on birth defects may be retained 
 22.7   by the Department of Health; 
 22.8      (2) the benefit of retaining birth defects records; 
 22.9      (3) that they may elect to have the birth defects 
 22.10  information collected once, within one year of birth, but to 
 22.11  require that all personally identifying information be destroyed 
 22.12  immediately upon the commissioner receiving the information.  
 22.13  If the parents of an infant object in writing to the maintaining 
 22.14  of birth defects information, the objection or election shall be 
 22.15  recorded on a form that is signed by a parent or legal guardian 
 22.16  and submitted to the commissioner of health; and 
 22.17     (4) that if the parent or legal guardian chooses to 
 22.18  opt-out, the commissioner will not be able to inform the parent 
 22.19  or legal guardian of a child of information related to the 
 22.20  prevention, treatment, or cause of a particular birth defect. 
 22.21     Sec. 24.  [144.2217] [CLASSIFICATION OF BIRTH DEFECTS 
 22.22  INFORMATION.] 
 22.23     Information collected on individuals for the birth defects 
 22.24  information system are private data on individuals as defined in 
 22.25  section 13.02, subdivision 12, and may only be used for the 
 22.26  purposes in sections 144.2215 to 144.2219.  Any disclosure other 
 22.27  than one provided for in sections 144.2215 to 144.2219 is a 
 22.28  misdemeanor. 
 22.29     Sec. 25.  [144.2218] [TRANSFERS OF INFORMATION TO OTHER 
 22.30  GOVERNMENT AGENCIES.] 
 22.31     Information collected by the birth defects information 
 22.32  system may be disseminated to a state or local government agency 
 22.33  in Minnesota or another state solely for purposes consistent 
 22.34  with sections 144.2215 to 144.2219, provided that the state or 
 22.35  local government agency agrees to maintain the classification of 
 22.36  the information as provided under section 144.2217.  Information 
 23.1   collected by other states consistent with sections 144.2215 to 
 23.2   144.2219 may be received by the commissioner of health and must 
 23.3   be maintained according to section 144.2217. 
 23.4      Sec. 26.  [144.2219] [TRANSFERS OF INFORMATION TO RESEARCH 
 23.5   ENTITIES.] 
 23.6      Information from the birth defects information system that 
 23.7   does not contain identifying information may be shared with 
 23.8   research entities upon request for studies approved by the 
 23.9   commissioner and appropriate institutional review boards.  For 
 23.10  studies approved by the commissioner that require identifying 
 23.11  information about a child or a parent or legal guardian of the 
 23.12  child, the commissioner shall contact the parent or legal 
 23.13  guardian to obtain informed consent to share identifying 
 23.14  information with the research entity.  Notwithstanding section 
 23.15  144.335, subdivision 3a, paragraph (d), the parent or legal 
 23.16  guardian must provide informed consent before the information 
 23.17  may be shared.  The commissioner must collect all reasonable 
 23.18  costs of locating and obtaining consent from the research entity.
 23.19     Sec. 27.  Minnesota Statutes 2002, section 144.335, 
 23.20  subdivision 3a, is amended to read: 
 23.21     Subd. 3a.  [PATIENT CONSENT TO RELEASE OF RECORDS; 
 23.22  LIABILITY.] (a) A provider, or a person who receives health 
 23.23  records from a provider, may not release a patient's health 
 23.24  records to a person without a signed and dated consent from the 
 23.25  patient or the patient's legally authorized representative 
 23.26  authorizing the release, unless the release is specifically 
 23.27  authorized by law.  Except as provided in paragraph (c) or (d), 
 23.28  a consent is valid for one year or for a lesser period specified 
 23.29  in the consent or for a different period provided by law.  
 23.30     (b) This subdivision does not prohibit the release of 
 23.31  health records: 
 23.32     (1) for a medical emergency when the provider is unable to 
 23.33  obtain the patient's consent due to the patient's condition or 
 23.34  the nature of the medical emergency; or 
 23.35     (2) to other providers within related health care entities 
 23.36  when necessary for the current treatment of the patient. 
 24.1      (c) Notwithstanding paragraph (a), if a patient explicitly 
 24.2   gives informed consent to the release of health records for the 
 24.3   purposes and pursuant to the restrictions in clauses (1) and 
 24.4   (2), the consent does not expire after one year for: 
 24.5      (1) the release of health records to a provider who is 
 24.6   being advised or consulted with in connection with the current 
 24.7   treatment of the patient; 
 24.8      (2) the release of health records to an accident and health 
 24.9   insurer, health service plan corporation, health maintenance 
 24.10  organization, or third-party administrator for purposes of 
 24.11  payment of claims, fraud investigation, or quality of care 
 24.12  review and studies, provided that: 
 24.13     (i) the use or release of the records complies with 
 24.14  sections 72A.49 to 72A.505; 
 24.15     (ii) further use or release of the records in individually 
 24.16  identifiable form to a person other than the patient without the 
 24.17  patient's consent is prohibited; and 
 24.18     (iii) the recipient establishes adequate safeguards to 
 24.19  protect the records from unauthorized disclosure, including a 
 24.20  procedure for removal or destruction of information that 
 24.21  identifies the patient. 
 24.22     (d) Notwithstanding paragraph (a), health records may be 
 24.23  released to an external researcher solely for purposes of 
 24.24  medical or scientific research only as follows: 
 24.25     (1) health records generated before January 1, 1997, may be 
 24.26  released if the patient has not objected or does not elect to 
 24.27  object after that date; 
 24.28     (2) for health records generated on or after January 1, 
 24.29  1997, the provider must: 
 24.30     (i) disclose in writing to patients currently being treated 
 24.31  by the provider that health records, regardless of when 
 24.32  generated, may be released and that the patient may object, in 
 24.33  which case the records will not be released; and 
 24.34     (ii) use reasonable efforts to obtain the patient's written 
 24.35  general authorization that describes the release of records in 
 24.36  item (i), which does not expire but may be revoked or limited in 
 25.1   writing at any time by the patient or the patient's authorized 
 25.2   representative; 
 25.3      (3) authorization may be established if an authorization is 
 25.4   mailed at least two times to the patient's last known address 
 25.5   with a postage prepaid return envelope and a conspicuous notice 
 25.6   that the patient's medical records may be released if the 
 25.7   patient does not object, and at least 60 days have expired since 
 25.8   the second notice was sent; and the provider must advise the 
 25.9   patient of the rights specified in clause (4); and 
 25.10     (4) the provider must, at the request of the patient, 
 25.11  provide information on how the patient may contact an external 
 25.12  researcher to whom the health record was released and the date 
 25.13  it was released.  
 25.14     In making a release for research purposes the provider 
 25.15  shall make a reasonable effort to determine that: 
 25.16     (i) the use or disclosure does not violate any limitations 
 25.17  under which the record was collected; 
 25.18     (ii) the use or disclosure in individually identifiable 
 25.19  form is necessary to accomplish the research or statistical 
 25.20  purpose for which the use or disclosure is to be made; 
 25.21     (iii) the recipient has established and maintains adequate 
 25.22  safeguards to protect the records from unauthorized disclosure, 
 25.23  including a procedure for removal or destruction of information 
 25.24  that identifies the patient; and 
 25.25     (iv) further use or release of the records in individually 
 25.26  identifiable form to a person other than the patient without the 
 25.27  patient's consent is prohibited.  
 25.28     (e) A person who negligently or intentionally releases a 
 25.29  health record in violation of this subdivision, or who forges a 
 25.30  signature on a consent form, or who obtains under false 
 25.31  pretenses the consent form or health records of another person, 
 25.32  or who, without the person's consent, alters a consent form, is 
 25.33  liable to the patient for compensatory damages caused by an 
 25.34  unauthorized release, plus costs and reasonable attorney's fees. 
 25.35     (f) Upon the written request of a spouse, parent, child, or 
 25.36  sibling of a patient being evaluated for or diagnosed with 
 26.1   mental illness, a provider shall inquire of a patient whether 
 26.2   the patient wishes to authorize a specific individual to receive 
 26.3   information regarding the patient's current and proposed course 
 26.4   of treatment.  If the patient so authorizes, the provider shall 
 26.5   communicate to the designated individual the patient's current 
 26.6   and proposed course of treatment.  Paragraph (a) applies to 
 26.7   consents given under this paragraph. 
 26.8      (g) Notwithstanding paragraph (a), a provider may disclose 
 26.9   health records relating to a patient's mental health to a law 
 26.10  enforcement agency if the law enforcement agency provides the 
 26.11  name of the patient and communicates that the: 
 26.12     (1) patient is currently involved in an emergency 
 26.13  interaction with the law enforcement agency; and 
 26.14     (2) disclosure of the records is necessary to protect the 
 26.15  health or safety of the patient or of another person.  
 26.16     The scope of disclosure under this paragraph is limited to 
 26.17  the minimum necessary for law enforcement to respond to the 
 26.18  emergency.  A law enforcement agency that obtains health records 
 26.19  under this paragraph shall maintain a record of the requestor, 
 26.20  the provider of the information, and the patient's name.  Any 
 26.21  health records obtained by the law enforcement agency pursuant 
 26.22  to this subdivision is private data on individuals, as defined 
 26.23  in section 13.02, and it may not be used by law enforcement for 
 26.24  any other purpose.  
 26.25     (h) In cases where a provider releases health records 
 26.26  without patient consent as authorized by law, the release must 
 26.27  be documented in the patient's health record.  In the case of a 
 26.28  release under paragraph (g), the documentation must include the 
 26.29  date and circumstances under which the release was made, the 
 26.30  person or agency to whom the release was made, and the records 
 26.31  that were released. 
 26.32     Sec. 28.  Minnesota Statutes 2002, section 168.346, is 
 26.33  amended to read: 
 26.34     168.346 [PRIVACY OF NAME OR RESIDENCE ADDRESS.] 
 26.35     (a) The registered owner of a motor vehicle may request in 
 26.36  writing that the owner's residence address or name and residence 
 27.1   address be classified as private data on individuals, as defined 
 27.2   in section 13.02, subdivision 12.  The commissioner shall grant 
 27.3   the classification upon receipt of a signed statement by the 
 27.4   owner that the classification is required for the safety of the 
 27.5   owner or the owner's family, if the statement also provides a 
 27.6   valid, existing address where the owner consents to receive 
 27.7   service of process.  The commissioner shall use the mailing 
 27.8   address in place of the residence address in all documents and 
 27.9   notices pertaining to the motor vehicle.  The residence address 
 27.10  or name and residence address and any information provided in 
 27.11  the classification request, other than the mailing address, are 
 27.12  private data on individuals and may be provided to requesting 
 27.13  law enforcement agencies, probation and parole agencies, and 
 27.14  public authorities, as defined in section 518.54, subdivision 
 27.15  9 Data on individuals provided to register a motor vehicle is 
 27.16  public data on individuals and must be disclosed to the extent 
 27.17  permitted by United States Code, title 18, section 2721, 
 27.18  subsection (b). 
 27.19     (b) An individual registered owner of a motor vehicle must 
 27.20  be informed in a clear and conspicuous manner on the forms for 
 27.21  issuance or renewal of titles and registrations, that the 
 27.22  owner's personal information may be disclosed consent in writing 
 27.23  to the department to disclose their personal information 
 27.24  exempted by United States Code, title 18, section 2721, 
 27.25  subsection (b), to any person who makes a request for the 
 27.26  personal information, and that, except for uses permitted by 
 27.27  United States Code, title 18, section 2721, subsection (b),.  If 
 27.28  the registered owner may prohibit disclosure of the personal 
 27.29  information by so indicating on the form so authorizes, the 
 27.30  commissioner shall implement the request in a timely manner.  
 27.31  For purposes of this paragraph, access by requesters making 
 27.32  requests described in section 168.345 168.325, subdivision 4 7, 
 27.33  is deemed to be related to public safety.  
 27.34     (c) At the time of registration or renewal, If authorized 
 27.35  by the individual registered owner of a motor vehicle must also 
 27.36  be informed in a clear and conspicuous manner on forms that as 
 28.1   indicated in paragraph (b), the owner's personal information may 
 28.2   be used, rented, or sold solely for bulk distribution by 
 28.3   organizations for business purposes including surveys, 
 28.4   marketing, and solicitation.  The commissioner shall implement 
 28.5   methods and procedures that enable the registered owner to 
 28.6   request that bulk surveys, marketing, or solicitation not be 
 28.7   directed to the owner.  If the registered owner so requests, the 
 28.8   commissioner shall implement the request in a timely manner and 
 28.9   the personal information may not be so used. 
 28.10     (d) The commissioner shall disclose personal information 
 28.11  when the use is related to the operation of a motor vehicle or 
 28.12  public safety.  The use of personal information is related to 
 28.13  public safety if it concerns the physical safety or security of 
 28.14  drivers, vehicles, pedestrians, or property.  The commissioner 
 28.15  may refuse to disclose data under this paragraph when the 
 28.16  commissioner concludes that the requester is likely to use the 
 28.17  data for illegal, improper, or noninvestigative purposes. 
 28.18     (e) To the extent permitted by United States Code, title 
 28.19  18, section 2721, data on individuals provided to register a 
 28.20  motor vehicle is public data on individuals and shall be 
 28.21  disclosed as permitted by United States Code, title 18, section 
 28.22  2721, subsection (b).  The registered owner of a motor vehicle 
 28.23  may request in writing that the owner's residence address or 
 28.24  name and residence address be classified as private data on 
 28.25  individuals, as defined in section 13.02, subdivision 12.  The 
 28.26  commissioner shall grant the classification upon receipt of a 
 28.27  signed statement by the owner that the classification is 
 28.28  required for the safety of the owner or the owner's family, if 
 28.29  the statement also provides a valid, existing address where the 
 28.30  owner consents to receive service of process.  The commissioner 
 28.31  shall use the mailing address in place of the residence address 
 28.32  in all documents and notices pertaining to the motor vehicle.  
 28.33  The residence address or name and residence address and any 
 28.34  information provided in the classification request, other than 
 28.35  the mailing address, are private data on individuals and may be 
 28.36  provided to requesting law enforcement agencies, probation and 
 29.1   parole agencies, and public authorities, as defined in section 
 29.2   518.54, subdivision 9.  
 29.3      Sec. 29.  Minnesota Statutes 2002, section 169.09, 
 29.4   subdivision 13, is amended to read: 
 29.5      Subd. 13.  [REPORTS CONFIDENTIAL; EVIDENCE, FEE, PENALTY, 
 29.6   APPROPRIATION.] (a) All written reports and supplemental reports 
 29.7   required under this section shall be for the use of the 
 29.8   commissioner of public safety and other appropriate state, 
 29.9   federal, county, and municipal governmental agencies for 
 29.10  accident analysis purposes, except: 
 29.11     (1) the commissioner of public safety or any law 
 29.12  enforcement agency shall, upon written request of any person 
 29.13  involved in an accident or upon written request of the 
 29.14  representative of the person's estate, surviving spouse, or one 
 29.15  or more surviving next of kin, or a trustee appointed pursuant 
 29.16  to section 573.02, disclose to the requester, the requester's 
 29.17  legal counsel, or a representative of the requester's insurer 
 29.18  the report required under subdivision 8; 
 29.19     (2) the commissioner of public safety shall, upon written 
 29.20  request, provide the driver filing a report under subdivision 7 
 29.21  with a copy of the report filed by the driver; 
 29.22     (3) the commissioner of public safety may verify with 
 29.23  insurance companies vehicle insurance information to enforce 
 29.24  sections 65B.48, 169.792, 169.793, 169.796, and 169.797; 
 29.25     (4) the commissioner of public safety shall provide the 
 29.26  commissioner of transportation the information obtained for each 
 29.27  traffic accident involving a commercial motor vehicle, for 
 29.28  purposes of administering commercial vehicle safety regulations; 
 29.29  and 
 29.30     (5) the commissioner of public safety may give to the 
 29.31  United States Department of Transportation commercial vehicle 
 29.32  accident information in connection with federal grant programs 
 29.33  relating to safety. 
 29.34     (b) Accident reports and data contained in the reports 
 29.35  shall not be discoverable under any provision of law or rule of 
 29.36  court.  No report shall be used as evidence in any trial, civil 
 30.1   or criminal, arising out of an accident, except that the 
 30.2   commissioner of public safety shall furnish upon the demand of 
 30.3   any person who has, or claims to have, made a report, or, upon 
 30.4   demand of any court, a certificate showing that a specified 
 30.5   accident report has or has not been made to the commissioner 
 30.6   solely to prove compliance or failure to comply with the 
 30.7   requirements that the report be made to the commissioner. 
 30.8      (c) Nothing in this subdivision prevents any person who has 
 30.9   made a report pursuant to this section from providing 
 30.10  information to any persons involved in an accident or their 
 30.11  representatives or from testifying in any trial, civil or 
 30.12  criminal, arising out of an accident, as to facts within the 
 30.13  person's knowledge.  It is intended by this subdivision to 
 30.14  render privileged the reports required, but it is not intended 
 30.15  to prohibit proof of the facts to which the reports relate. 
 30.16     (d) Disclosing any information contained in any accident 
 30.17  report, except as provided in this subdivision, section 13.82, 
 30.18  subdivision 3 or 6, or other statutes, is a misdemeanor. 
 30.19     (e) The commissioner of public safety may charge authorized 
 30.20  persons a $5 fee for a copy of an accident report.  The 
 30.21  commissioner may also furnish copies of the modified accident 
 30.22  records database to private agencies as provided in paragraph 
 30.23  (g), for not less than the cost of preparing the copies on a 
 30.24  bulk basis.  
 30.25     (f) The commissioner and law enforcement agencies may 
 30.26  charge commercial users who request access to response or 
 30.27  incident data relating to accidents a fee not to exceed 50 cents 
 30.28  per report, which cannot include the address of any person 
 30.29  involved in an accident.  "Commercial user" is a user who in one 
 30.30  location requests access to data in more than five accident 
 30.31  reports per month, unless the user establishes that access is 
 30.32  not for a commercial purpose.  Money collected by the 
 30.33  commissioner under this paragraph is appropriated to the 
 30.34  commissioner. 
 30.35     (g) The commissioner may provide a modified copy of the 
 30.36  accident records database that does not contain names, driver's 
 31.1   license numbers, vehicle license plate numbers, addresses, or 
 31.2   other identifying data to the public upon request.  However, 
 31.3   unless the accident records data base includes the motor vehicle 
 31.4   identification number, the commissioner shall include the 
 31.5   vehicle license plate number if a private agency certifies and 
 31.6   agrees that the agency: 
 31.7      (1) is in the business of collecting accident and damage 
 31.8   information on vehicles; 
 31.9      (2) will use the vehicle license plate number only for the 
 31.10  purpose of identifying vehicles that have been involved in 
 31.11  accidents or damaged in order to provide this information to 
 31.12  persons seeking access to a vehicle's history and not for the 
 31.13  purpose of identifying individuals or for any other purpose; and 
 31.14     (3) will be subject to the penalties and remedies under 
 31.15  sections 13.08 and 13.09. 
 31.16     Sec. 30.  Minnesota Statutes 2002, section 171.12, 
 31.17  subdivision 7, is amended to read: 
 31.18     Subd. 7.  [PRIVACY OF RESIDENCE ADDRESS.] (a) An applicant 
 31.19  for Data on individuals provided to obtain a driver's license or 
 31.20  a Minnesota identification card may request that the applicant's 
 31.21  residence address be classified as private is public data on 
 31.22  individuals, as defined in section 13.02, subdivision 12.  The 
 31.23  commissioner shall grant the classification upon receipt of a 
 31.24  signed statement by the individual that the classification is 
 31.25  required for the safety of the applicant or the applicant's 
 31.26  family, if the statement also provides a valid, existing address 
 31.27  where the applicant consents to receive service of process.  The 
 31.28  commissioner shall use the mailing address in place of the 
 31.29  residence address in all documents and notices pertaining to the 
 31.30  driver's license or identification card.  The residence address 
 31.31  and any information provided in the classification request, 
 31.32  other than the mailing address, are private data on individuals 
 31.33  and may be provided to requesting law enforcement agencies, 
 31.34  probation and parole agencies, and public authorities, as 
 31.35  defined in section 518.54, subdivision 9 and must be disclosed 
 31.36  to the extent permitted by United States Code, title 18, section 
 32.1   2721, subsection (b). 
 32.2      (b) An applicant for a driver's license or a Minnesota 
 32.3   identification card must be informed in a clear and conspicuous 
 32.4   manner on the forms for the issuance or renewal that may consent 
 32.5   in writing to the department to disclose the applicant's 
 32.6   personal information may be disclosed exempted by United States 
 32.7   Code, title 18, section 2721, subsection (b), to any person who 
 32.8   makes a request for the personal information, and that except 
 32.9   for uses permitted by United States Code, title 18, section 
 32.10  2721, subsection (b), the applicant may prohibit disclosure of 
 32.11  the personal information by so indicating on the form.  If the 
 32.12  applicant so authorizes, the commissioner shall implement the 
 32.13  request in a timely manner and the personal information may be 
 32.14  so used. 
 32.15     (c) If authorized by an applicant for a driver's license or 
 32.16  a Minnesota identification card must be also informed in a clear 
 32.17  and conspicuous manner on forms that, as indicated in paragraph 
 32.18  (b), the applicant's personal information may be used, rented, 
 32.19  or sold solely for bulk distribution by organizations for 
 32.20  business purposes, including surveys, marketing, or 
 32.21  solicitation.  The commissioner shall implement methods and 
 32.22  procedures that enable the applicant to request that bulk 
 32.23  surveys, marketing, or solicitation not be directed to the 
 32.24  applicant.  If the applicant so requests, the commissioner shall 
 32.25  implement the request in a timely manner and the personal 
 32.26  information may not be so used. 
 32.27     (d) To the extent permitted by United States Code, title 
 32.28  18, section 2721, data on individuals provided to obtain a 
 32.29  Minnesota identification card or a driver's license is public 
 32.30  data on individuals and shall be disclosed as permitted by 
 32.31  United States Code, title 18, section 2721, subsection (b).  An 
 32.32  applicant for a driver's license or a Minnesota identification 
 32.33  card may request that the applicant's residence address be 
 32.34  classified as private data on individuals, as defined in section 
 32.35  13.02, subdivision 12.  The commissioner shall grant the 
 32.36  classification upon receipt of a signed statement by the 
 33.1   individual that the classification is required for the safety of 
 33.2   the applicant or the applicant's family, if the statement also 
 33.3   provides a valid, existing address where the applicant consents 
 33.4   to receive service of process.  The commissioner shall use the 
 33.5   mailing address in place of the residence address in all 
 33.6   documents and notices pertaining to the driver's license or 
 33.7   identification card.  The residence address and any information 
 33.8   provided in the classification request, other than the mailing 
 33.9   address, are private data on individuals and may be provided to 
 33.10  requesting law enforcement agencies, probation and parole 
 33.11  agencies, and public authorities, as defined in section 518.54, 
 33.12  subdivision 9. 
 33.13     Sec. 31.  Minnesota Statutes 2003 Supplement, section 
 33.14  268.19, subdivision 1, is amended to read: 
 33.15     Subdivision 1.  [USE OF DATA.] (a) Except as otherwise 
 33.16  provided by this section, data gathered from any employer or 
 33.17  individual person pursuant to the administration of the 
 33.18  Minnesota Unemployment Insurance Law are private data on 
 33.19  individuals or nonpublic data not on individuals as defined in 
 33.20  section 13.02, subdivisions 9 and 12, and may not be disclosed 
 33.21  except pursuant to a court order or section 13.05.  A subpoena 
 33.22  shall not be considered a court order.  These data may be 
 33.23  disseminated to and used by the following agencies without the 
 33.24  consent of the subject of the data:  
 33.25     (1) state and federal agencies specifically authorized 
 33.26  access to the data by state or federal law; 
 33.27     (2) any agency of Minnesota or any other state; or any 
 33.28  federal agency charged with the administration of an employment 
 33.29  security law or unemployment insurance program; 
 33.30     (3) any agency responsible for the maintenance of a system 
 33.31  of public employment offices for the purpose of assisting 
 33.32  individuals in obtaining employment; 
 33.33     (3) (4) human rights agencies within Minnesota that have 
 33.34  enforcement powers; 
 33.35     (4) (5) the Department of Revenue must have access to 
 33.36  department private data on individuals and nonpublic data not on 
 34.1   individuals only to the extent necessary for enforcement of its 
 34.2   duties under Minnesota tax laws; 
 34.3      (5) (6) public and private agencies responsible for 
 34.4   administering publicly financed assistance programs for the 
 34.5   purpose of monitoring the eligibility of the program's 
 34.6   recipients; 
 34.7      (6) (7) the Department of Labor and Industry on an 
 34.8   interchangeable basis with the department subject to the 
 34.9   following limitations and regardless of any law to the contrary: 
 34.10     (i) the department must have access to private data on 
 34.11  individuals and nonpublic data not on individuals for uses 
 34.12  consistent with the administration of its duties under the 
 34.13  Minnesota Unemployment Insurance Law; and 
 34.14     (ii) the Department of Labor and Industry must have access 
 34.15  to private data on individuals and nonpublic data not on 
 34.16  individuals for uses consistent with the administration of its 
 34.17  duties under Minnesota law; 
 34.18     (7) the Department of Employment and Economic Development 
 34.19  may have access to private data on individual employers and 
 34.20  nonpublic data not on individual employers for its internal use 
 34.21  only; when received by the Department of Employment and Economic 
 34.22  Development, the data remain private data on individuals or 
 34.23  nonpublic data; 
 34.24     (8) local and state welfare agencies for monitoring the 
 34.25  eligibility of the data subject for assistance programs, or for 
 34.26  any employment or training program administered by those 
 34.27  agencies, whether alone, in combination with another welfare 
 34.28  agency, or in conjunction with the department or to monitor and 
 34.29  evaluate the statewide Minnesota family investment program by 
 34.30  providing data on recipients and former recipients of food 
 34.31  stamps or food support, cash assistance under chapter 256, 256D, 
 34.32  256J, or 256K, child care assistance under chapter 119B, or 
 34.33  medical programs under chapter 256B, 256D, or 256L; 
 34.34     (9) local, state, and federal law enforcement agencies for 
 34.35  the sole purpose of ascertaining the last known address and 
 34.36  employment location of the data subject, provided the data 
 35.1   subject a person who is the subject of a criminal investigation; 
 35.2      (10) the federal Immigration and Naturalization Service 
 35.3   shall have access to data on specific individuals and specific 
 35.4   employers provided the specific individual or specific employer 
 35.5   is the subject of an investigation by that agency; and 
 35.6      (11) the Department of Health may have access to private 
 35.7   data on individuals and nonpublic data not on individuals solely 
 35.8   for the purposes of epidemiologic investigations.  
 35.9      (b) Data on individuals and employers that are collected, 
 35.10  maintained, or used by the department in an investigation 
 35.11  pursuant to section 268.182 are confidential as to data on 
 35.12  individuals and protected nonpublic data not on individuals as 
 35.13  defined in section 13.02, subdivisions 3 and 13, and must not be 
 35.14  disclosed except pursuant to statute or court order or to a 
 35.15  party named in a criminal proceeding, administrative or 
 35.16  judicial, for preparation of a defense.  
 35.17     (c) Tape recordings and transcripts of recordings of 
 35.18  proceedings conducted in accordance with section 268.105 and 
 35.19  exhibits received into evidence at those proceedings are private 
 35.20  data on individuals and nonpublic data not on individuals and 
 35.21  must be disclosed only pursuant to the administration of section 
 35.22  268.105, or pursuant to a court order.  
 35.23     (d) The department may disseminate an employer's name, 
 35.24  address, industry code, occupations employed, and the number of 
 35.25  employees by ranges of not less than 100 for the purpose of 
 35.26  assisting individuals using the Minnesota Workforce Center 
 35.27  system in obtaining employment. 
 35.28     (e) The general aptitude test battery and the nonverbal 
 35.29  aptitude test battery as administered by the department are 
 35.30  private data on individuals or nonpublic data.  
 35.31     (f) Data gathered by the department pursuant to the 
 35.32  administration of the Minnesota unemployment insurance program 
 35.33  and the job service must not be made the subject or the basis 
 35.34  for any suit in any civil proceedings, administrative or 
 35.35  judicial, unless the action is initiated by the department. 
 35.36     Sec. 32.  Minnesota Statutes 2003 Supplement, section 
 36.1   268.19, subdivision 2, is amended to read: 
 36.2      Subd. 2.  [EMPLOYER INFORMATION; ABSOLUTE PRIVILEGE.] (a) 
 36.3   Regardless of any provision of law to the contrary, an employer 
 36.4   may provide the commissioner with information on an applicant so 
 36.5   that the commissioner can determine an applicant's entitlement 
 36.6   to unemployment benefits under the Minnesota Unemployment 
 36.7   Insurance Law. 
 36.8      (b) The commissioner may disseminate an employer's name and 
 36.9   address and the name and address of any employer's unemployment 
 36.10  insurance processing agent in order to administer the Minnesota 
 36.11  unemployment insurance program. 
 36.12     (c) Information obtained pursuant to the Minnesota 
 36.13  Unemployment Insurance Law, in order to determine an applicant's 
 36.14  entitlement to unemployment benefits, shall be absolutely 
 36.15  privileged and shall not be made the subject matter or the basis 
 36.16  for any civil proceeding, administrative, or judicial.  
 36.17     Sec. 33.  Minnesota Statutes 2002, section 270B.14, 
 36.18  subdivision 2, is amended to read: 
 36.19     Subd. 2.  [DISCLOSURE TO DEPARTMENT OF EMPLOYMENT AND 
 36.20  ECONOMIC SECURITY DEVELOPMENT.] (a) Data relating to individuals 
 36.21  are treated as follows: 
 36.22     (1) Return information may be disclosed to the Department 
 36.23  of Employment and Economic Security Development to the extent 
 36.24  provided in clause (2) and for the purposes provided in clause 
 36.25  (3). 
 36.26     (2) The data that may be disclosed is limited to the amount 
 36.27  of gross income earned by an individual, the total amounts of 
 36.28  earnings from each employer, and the employer's name. 
 36.29     (3) Data may be requested pertaining only to individuals 
 36.30  who have claimed benefits under sections 268.03 to 268.23 and 
 36.31  only if the individuals are the subject of investigations based 
 36.32  on other information available to the Department of Employment 
 36.33  and Economic Security Development.  Data received may be used 
 36.34  only as set forth in section 268.19, clause (d) subdivision 1, 
 36.35  paragraph (b). 
 36.36     (b) Data pertaining to corporations or other employing 
 37.1   units may be disclosed to the Department of Employment and 
 37.2   Economic Security Development to the extent necessary for the 
 37.3   proper enforcement of chapter 268. 
 37.4      Sec. 34.  Minnesota Statutes 2002, section 278.05, 
 37.5   subdivision 3, is amended to read: 
 37.6      Subd. 3.  [ASSESSOR'S RECORDS; EVIDENCE.] Assessor's 
 37.7   records, including certificates of real estate value, assessor's 
 37.8   field cards and property appraisal cards shall be made available 
 37.9   to the petitioner for inspection and copying and may be offered 
 37.10  at the trial subject to section 13.51, the applicable rules of 
 37.11  evidence and rules governing pretrial discovery and shall not be 
 37.12  excluded from discovery or admissible evidence on the grounds 
 37.13  that the documents and the information recorded thereon are 
 37.14  confidential or classified as private data on 
 37.15  individuals.  Notwithstanding any provision of law to the 
 37.16  contrary, pretrial discovery is not permitted of assessor's data 
 37.17  which are classified as private or nonpublic under section 13.51 
 37.18  or by court order, of property which is not subject to the 
 37.19  petition.  Evidence of comparable sales of other property shall, 
 37.20  within the discretion of the court, be admitted at the trial.  
 37.21     Sec. 35.  Minnesota Statutes 2002, section 629.341, 
 37.22  subdivision 4, is amended to read: 
 37.23     Subd. 4.  [REPORT REQUIRED.] Whenever a peace officer 
 37.24  investigates an allegation that an incident described in 
 37.25  subdivision 1 has occurred, whether or not an arrest is made, 
 37.26  the officer shall make a written police report of the alleged 
 37.27  incident.  The report must contain at least the following 
 37.28  information:  the name, address and telephone number of the 
 37.29  victim, if provided by the victim, a statement as to whether an 
 37.30  arrest occurred, the name of the arrested person, and a brief 
 37.31  summary of the incident.  Data that identify a victim who has 
 37.32  made a request under section 13.82, subdivision 17, paragraph 
 37.33  (d), and that are private data under that subdivision, shall be 
 37.34  private in the report required by this section.  A copy of this 
 37.35  report must be provided upon request, at no cost, to the victim 
 37.36  of domestic abuse, the victim's attorney, or organizations 
 38.1   designated by the Minnesota Crime Victims Services Center, the 
 38.2   Department of Public Safety, or the commissioner of corrections 
 38.3   that are providing services to victims of domestic abuse.  The 
 38.4   officer shall submit the report to the officer's supervisor or 
 38.5   other person to whom the employer's rules or policies require 
 38.6   reports of similar allegations of criminal activity to be made. 
 38.7      Sec. 36.  [REPEALER.] 
 38.8      Minnesota Statutes 2002, sections 13.319, subdivision 7; 
 38.9   and 13.475, are repealed. 
 38.10     Sec. 37.  [EFFECTIVE DATE.] 
 38.11     Sections 16 and 35 are effective the day following final 
 38.12  enactment. 
 38.13                             ARTICLE 2
 38.14                              CRIMNET
 38.15     Section 1.  Minnesota Statutes 2002, section 13.02, is 
 38.16  amended by adding a subdivision to read: 
 38.17     Subd. 7b.  [INFORMATION MANAGEMENT SYSTEM.] "Information 
 38.18  management system" means an electronic system used or maintained 
 38.19  by a government entity for the management of government data. 
 38.20     Sec. 2.  Minnesota Statutes 2002, section 13.02, is amended 
 38.21  by adding a subdivision to read: 
 38.22     Subd. 7c.  [INFORMATION POLICY STATUTES.] (a) "Information 
 38.23  policy statutes" means this chapter, section 15.17, and sections 
 38.24  138.163 to 138.225. 
 38.25     (b) "Compliance with information policy statutes" means 
 38.26  that a government entity must do the following: 
 38.27     (1) appoint a responsible authority and prepare a public 
 38.28  document identifying the responsible authority's name, title, 
 38.29  and work address and the private and confidential data 
 38.30  maintained by the entity; 
 38.31     (2) appoint a compliance official; 
 38.32     (3) train designees and other staff in information policy 
 38.33  statutes compliance; 
 38.34     (4) establish procedures: 
 38.35     (i) to ensure that officials respond promptly to requests 
 38.36  for public government data; 
 39.1      (ii) to provide required notices to individuals concerning 
 39.2   data collection; 
 39.3      (iii) to provide individuals with access to and notice of 
 39.4   data maintained about them; 
 39.5      (iv) to provide individuals with the ability to challenge 
 39.6   data about them; 
 39.7      (v) to ensure that data on individuals are accurate, 
 39.8   complete, and current; 
 39.9      (vi) to ensure security safeguards for data on individuals; 
 39.10  and 
 39.11     (vii) to provide for parents to access data about their 
 39.12  minor children; 
 39.13     (5) prepare a public document describing how the rights of 
 39.14  a data subject under section 13.04 may be exercised in the 
 39.15  entity and the procedures necessary to verify the subject's 
 39.16  identity; 
 39.17     (6) publish procedures to prevent unauthorized access to 
 39.18  private and confidential data; 
 39.19     (7) share not public data with another entity only as 
 39.20  required or authorized by state statute or federal law; 
 39.21     (8) make and preserve all records necessary to a full and 
 39.22  accurate knowledge of the entity's official activities; 
 39.23     (9) dispose of records or transfer them to archives in 
 39.24  accordance with statutory procedures and approved records 
 39.25  retention schedules; 
 39.26     (10) when preparing a contract by which a private sector 
 39.27  contractor performs government functions or obtains data on 
 39.28  individuals from a government entity, include provisions that 
 39.29  require the private contractor to comply with this chapter; and 
 39.30     (11) in the case of CriMNet, maintain and ensure data 
 39.31  subject access to audit trail data, and provide subscription 
 39.32  service only as authorized by law.  
 39.33     Sec. 3.  Minnesota Statutes 2002, section 13.02, 
 39.34  subdivision 18, is amended to read: 
 39.35     Subd. 18.  [STATEWIDE SYSTEM.] "Statewide system" includes 
 39.36  any record-keeping system, including an information management 
 40.1   system, in which government data is collected, stored, 
 40.2   disseminated and used by means of a system common to one or more 
 40.3   state agencies or more than one of its political subdivisions or 
 40.4   any combination of state agencies and, political subdivisions, 
 40.5   and nongovernmental entities to the extent, as specified in 
 40.6   section 13.05, subdivision 11, that the nongovernmental entity 
 40.7   is performing functions normally performed by the government 
 40.8   entity.  
 40.9      Sec. 4.  Minnesota Statutes 2002, section 13.03, 
 40.10  subdivision 4, is amended to read: 
 40.11     Subd. 4.  [CHANGE IN CLASSIFICATION OF DATA; EFFECT OF 
 40.12  DISSEMINATION AMONG AGENCIES.] (a) The classification of data in 
 40.13  the possession of an agency shall change if it is required to do 
 40.14  so to comply with either judicial or administrative rules 
 40.15  pertaining to the conduct of legal actions or with a specific 
 40.16  statute applicable to the data in the possession of the 
 40.17  disseminating or receiving agency. 
 40.18     (b) If data on individuals is classified as both private 
 40.19  and confidential by this chapter, or any other statute or 
 40.20  federal law, the data is private.  
 40.21     (c) To the extent that government data is disseminated to 
 40.22  state agencies, political subdivisions, or statewide systems by 
 40.23  another state agency, political subdivision, or statewide 
 40.24  system, the data disseminated shall have the same classification 
 40.25  in the hands of the agency receiving it as it had in the hands 
 40.26  of the entity providing it. 
 40.27     (d) If a state agency, statewide system, or political 
 40.28  subdivision disseminates data to another state agency, statewide 
 40.29  system, or political subdivision, a classification provided for 
 40.30  by law in the hands of the entity receiving the data does not 
 40.31  affect the classification of the data in the hands of the entity 
 40.32  that disseminates the data. 
 40.33     (e) To the extent that judicial branch data is disseminated 
 40.34  to government entities by the judicial branch, the data 
 40.35  disseminated shall have the same level of accessibility in the 
 40.36  hands of the entity receiving it as it had in the hands of the 
 41.1   judicial branch entity providing it. 
 41.2      Sec. 5.  [13.055] [INFORMATION MANAGEMENT SYSTEMS; 
 41.3   COMPLIANCE WITH LAW.] 
 41.4      (a) A person who believes an information management system 
 41.5   is not in compliance with information policy statutes may seek 
 41.6   an advisory opinion under section 13.072.  A government entity 
 41.7   operating an information management system must comply with any 
 41.8   request for information from the commissioner for purposes of 
 41.9   the advisory opinion.  
 41.10     (b) In an action to compel compliance pursuant to section 
 41.11  13.08 against a government entity operating an information 
 41.12  management system, if the court finds that the information 
 41.13  management system is not in compliance, the court may fashion 
 41.14  any appropriate remedy.  Upon a finding that the entity is not 
 41.15  making satisfactory progress to cure compliance deficits, the 
 41.16  court may order the entity to cease operation until satisfactory 
 41.17  progress is made. 
 41.18     (c) No state agency may assume or share operational 
 41.19  responsibility for any information management system that is not 
 41.20  in compliance with information policy statutes.  Before a state 
 41.21  agency assumes or shares operational responsibility for an 
 41.22  information management system created by a political 
 41.23  subdivision, statewide system, or a nongovernmental entity, the 
 41.24  responsible authority for that state agency shall ensure that 
 41.25  the information management system is in compliance with 
 41.26  information policy statutes and federal law.  A state agency 
 41.27  must not assume costs associated with enhancements of an 
 41.28  information management system described in this paragraph unless 
 41.29  approved by the legislature or required by federal law. 
 41.30     Sec. 6.  [13.074] [INFORMATION MANAGEMENT SYSTEM REVIEW.] 
 41.31     (a) The commissioner must review information management 
 41.32  systems that are to be added to CriMNet after the effective date 
 41.33  of this section in order to determine that the systems are in 
 41.34  compliance with information policy statutes.  An information 
 41.35  management system described in this paragraph must not proceed 
 41.36  beyond the design phase until the commissioner's determination 
 42.1   is received.  Each responsible authority for a system under 
 42.2   review must promptly provide information to the commissioner to 
 42.3   enable the determination to be made.  The commissioner shall 
 42.4   determine what reports or other information must be made 
 42.5   available by the responsible authority for the proposed 
 42.6   information management system in order to establish compliance. 
 42.7      (b) No later than January 15, 2005, the commissioner must 
 42.8   provide the legislature with a proposed schedule to review 
 42.9   information management systems and the design for any new 
 42.10  information management systems that are operated by a state 
 42.11  agency or a statewide system that has at least one state agency 
 42.12  as a participant.  As part of the report, the commissioner must 
 42.13  provide the legislature with an estimate of the costs to conduct 
 42.14  the reviews.  
 42.15     (c) The legislative auditor should, as resources permit, 
 42.16  include continuing compliance as part of each periodic audit. 
 42.17     (d) If the legislative auditor finds that an information 
 42.18  management system described in this section is not in compliance 
 42.19  with information policy statutes, the responsible authority for 
 42.20  the government entity should, within 60 days, present a plan to 
 42.21  the commissioner to bring the system into compliance.  The 
 42.22  commissioner must monitor the information management system's 
 42.23  progress toward compliance.  If the commissioner finds a failure 
 42.24  to make satisfactory progress, the commissioner may require the 
 42.25  government entity to cease operating the information management 
 42.26  system until progress is satisfactory.  If an information 
 42.27  management system is found out of compliance under this 
 42.28  paragraph, the government entity operating the system must 
 42.29  report the amount spent to develop and implement the information 
 42.30  management system and the amount spent on compliance to the 
 42.31  committees in the house of representatives and the senate with 
 42.32  fiscal authority over that government entity. 
 42.33     Sec. 7.  Minnesota Statutes 2002, section 13.82, 
 42.34  subdivision 24, is amended to read: 
 42.35     Subd. 24.  [EXCHANGES OF INFORMATION.] (a) Except as 
 42.36  otherwise provided by law, nothing in this chapter prohibits the 
 43.1   exchange of information by law enforcement agencies provided the 
 43.2   exchanged information is pertinent and necessary to the 
 43.3   requesting agency in initiating, furthering, or completing an 
 43.4   investigation, except not public personnel data. 
 43.5      (b) When a law enforcement agency requests or disseminates 
 43.6   private or confidential data on individuals by means of a 
 43.7   statewide system for a purpose authorized by this subdivision, 
 43.8   it must document the purpose of the request or dissemination, 
 43.9   including the case number if available.  Data under this 
 43.10  paragraph must be retained for six years.  When an investigation 
 43.11  becomes inactive under subdivision 7, the data under this 
 43.12  paragraph are private data on the subject of the investigation.  
 43.13  The provisions of this paragraph apply (1) on and after July 1, 
 43.14  2012, to statewide systems that are part of CriMNet on the 
 43.15  effective date of this paragraph; and (2) on and after the 
 43.16  effective date of this paragraph to any newly developed or 
 43.17  acquired and implemented state information management system 
 43.18  added to CriMNet after that date. 
 43.19     Sec. 8.  [13.8703] [CRIMNET DATA.] 
 43.20     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
 43.21  subdivision apply to this section. 
 43.22     (b) "CriMNet" is a statewide system as defined in section 
 43.23  13.02, subdivision 18, that integrates or interconnects data 
 43.24  from multiple criminal justice information systems. 
 43.25     (c) "CriMNet data" are criminal justice agency data 
 43.26  created, collected, used, or maintained in the prevention, 
 43.27  investigation, or prosecution of crime and any resulting 
 43.28  criminal justice system response that are held or accessed by 
 43.29  CriMNet. 
 43.30     (d) "Audit trail data" are data created, used, or 
 43.31  maintained by CriMNet for the purposes of ensuring and verifying 
 43.32  that CriMNet was only accessed by authorized persons for 
 43.33  authorized purposes. 
 43.34     Subd. 2.  [DATA CLASSIFICATION; DISSEMINATION.] (a) Data 
 43.35  accessed or maintained by CriMNet are subject to the provisions 
 43.36  of section 13.03, subdivision 4, paragraphs (c) and (e).  The 
 44.1   fact that data held by government entities are accessed by 
 44.2   CriMNet does not change the classification of the data in those 
 44.3   government entities.  Except for the exercise of rights by 
 44.4   individuals under this section and section 13.04, access to 
 44.5   CriMNet data is available only as provided by state or federal 
 44.6   law to criminal justice agencies as defined in section 299C.46, 
 44.7   subdivision 2; public defenders as provided in section 611.272; 
 44.8   federal criminal justice agencies as defined in Code of Federal 
 44.9   Regulations, title 28, section 20.3(g); and criminal justice 
 44.10  agencies of other states. 
 44.11     (b) In addition to the purposes provided in section 13.82, 
 44.12  subdivision 24, CriMNet data may be released: 
 44.13     (1) for purposes of auditing data quality, data protection, 
 44.14  and system development and maintenance; or 
 44.15     (2) with the informed consent of the subject of the data as 
 44.16  provided by section 13.05, subdivision 4.  In the case of data 
 44.17  on a juvenile, notwithstanding section 299C.095, subdivision 1, 
 44.18  a minor may not consent to release of the data, but (i) the 
 44.19  minor's parent or guardian may consent to release, and (ii) an 
 44.20  adult may consent to release of data on the adult that was 
 44.21  created when the adult was a minor. 
 44.22     Subd. 3.  [REQUESTS BY DATA SUBJECT.] If an individual 
 44.23  makes a request for CriMNet data about that individual under 
 44.24  section 13.04, subdivision 3, a local or state law enforcement 
 44.25  agency with access to CriMNet must: 
 44.26     (1) give the individual a list of any state agencies, 
 44.27  political subdivisions, statewide systems, or other entities 
 44.28  that provided data to CriMNet; and 
 44.29     (2) allow the individual to obtain a copy of any public or 
 44.30  private CriMNet data, subject to standards established by the 
 44.31  CriMNet responsible authority, and inform the individual of the 
 44.32  availability of audit trail data from the CriMNet responsible 
 44.33  authority.  The individual must pay a fee of $10 for a copy of 
 44.34  the CriMNet data.  Of this fee, $5 remains with the law 
 44.35  enforcement agency that received the request and $5 must be 
 44.36  forwarded to CriMNet. 
 45.1      Subd. 4.  [AUDIT TRAIL DATA.] (a) Audit trail data must 
 45.2   indicate the purpose for which CriMNet data on an individual was 
 45.3   accessed and the case file number, if available.  Audit trail 
 45.4   data must be retained for six years. 
 45.5      (b) Audit trail data created during the course of an 
 45.6   investigation are confidential data or protected nonpublic data 
 45.7   while the investigation is active.  When an investigation is no 
 45.8   longer active, as defined by section 13.82, subdivision 7, or if 
 45.9   audit trail data are created as the result of access unrelated 
 45.10  to an active investigation, audit trail data that identify an 
 45.11  entity that requested or provided CriMNet data about a data 
 45.12  subject are nonpublic data.  The nonpublic data are accessible 
 45.13  to the individual data subject if the responsible authority for 
 45.14  CriMNet, after consultation with an entity that requested 
 45.15  CriMNet data about an individual data subject, determines that 
 45.16  the data subject's need to know outweighs the risk of harm 
 45.17  disclosure would create for public safety. 
 45.18     (c) Between the effective date of this subdivision and June 
 45.19  30, 2012, the requirements of this subdivision apply to (1) 
 45.20  CriMNet audit trail data, to the extent it exists; and (2) any 
 45.21  CriMNet audit trail data, created by the CriMNet search 
 45.22  function, for any new implemented information management system 
 45.23  added to CriMNet after January 1, 2006.  Beginning July 1, 2012, 
 45.24  this subdivision applies to CriMNet and to all information 
 45.25  management systems that are a part of CriMNet. 
 45.26     Subd. 5.  [SUBSCRIPTION SERVICE.] (a) For purposes of this 
 45.27  subdivision, "subscription service" means a process by which 
 45.28  criminal justice agency personnel may obtain ongoing, automatic 
 45.29  electronic notice of any contacts an individual has with any 
 45.30  criminal justice agency. 
 45.31     (b) If CriMNet provides for subscription service, it must 
 45.32  include the capability to allow for release of data on a data 
 45.33  subject to the data subject by subscription service. 
 45.34     (c) Except as otherwise provided by this subdivision, 
 45.35  CriMNet data may be released by a subscription service: 
 45.36     (1) with the informed consent of the subject of the data.  
 46.1   In the case of data on a juvenile, notwithstanding section 
 46.2   299C.095, subdivision 1, a minor may not consent to release of 
 46.3   the data, but (i) the minor's parent or guardian may consent to 
 46.4   release, and (ii) an adult may consent to release of data on the 
 46.5   adult that was created when the adult was a minor; or 
 46.6      (2) for any purpose of which the data subject is notified 
 46.7   before the subscription service is implemented.  The notice must 
 46.8   include how long the subscription service will be in effect.  
 46.9      (d) CriMNet data on an individual may be released by 
 46.10  subscription service without the request or consent of the data 
 46.11  subject or notice to the data subject to criminal justice agency 
 46.12  personnel for purposes of: 
 46.13     (1) investigating a crime or act of delinquency; 
 46.14     (2) seeking to apprehend an individual who is fleeing to 
 46.15  avoid prosecution or custody; 
 46.16     (3) enforcing a warrant; 
 46.17     (4) enforcing terms of pretrial release; 
 46.18     (5) seeking an individual to determine if the individual is 
 46.19  violating a condition of probation, conditional release, or 
 46.20  supervised release; 
 46.21     (6) prosecuting, defending, trying, or sentencing an 
 46.22  individual; 
 46.23     (7) seeking an individual who is likely to have information 
 46.24  necessary to criminal justice agency personnel acting under 
 46.25  clauses (1) to (6); or 
 46.26     (8) determining that an individual may be engaged in 
 46.27  illegal activities or seeking another individual who may have 
 46.28  information about those activities. 
 46.29     (e) A criminal justice agency may seek to release or 
 46.30  receive data described in paragraph (d), clause (8), by 
 46.31  subscription service for a period longer than 90 days by seeking 
 46.32  a court order in the same manner as seeking a search warrant.  
 46.33  To grant the order, the court must find that one of the purposes 
 46.34  listed in paragraph (d) continues to exist.  The court must 
 46.35  specify how long the subscription service may continue, which 
 46.36  must not exceed 18 months without a showing of imminent threat 
 47.1   to public safety or health.  
 47.2      Subd. 6.  [PENALTIES.] A person who violates this section 
 47.3   is subject to the penalties provided by section 13.09. 
 47.4      Subd. 7.  [LEGISLATIVE REVIEW OF ACCESS 
 47.5   MODIFICATIONS.] Notwithstanding any contrary provisions in 
 47.6   section 13.82, any CriMNet feature that would provide access to 
 47.7   data on individuals by an entity that is not subject to this 
 47.8   chapter, other than the judiciary as defined in section 13.90, 
 47.9   must be submitted to the legislature for review before 
 47.10  implementation and must be implemented by a statute, contract, 
 47.11  or interstate compact that addresses data practices issues and 
 47.12  complies with this section. 
 47.13     Sec. 9.  [13.8704] [CRIMINAL JUSTICE SYSTEM IMPLEMENTATION 
 47.14  REPORT.] 
 47.15     Not less than 45 days prior to implementation of an 
 47.16  information management system to be created or maintained by a 
 47.17  state criminal justice agency, the agency must report to the 
 47.18  chairs of the House Committee on Judiciary Policy and Finance, 
 47.19  the House Committee on Civil Law, the Senate Committee on 
 47.20  Judiciary, and the Senate Committee on Finance, State Government 
 47.21  Budget Division the following information:  the entities 
 47.22  participating in creating or maintaining the system, the 
 47.23  responsible authority for the system, the costs of development 
 47.24  and implementation, state statutory or federal law authorization 
 47.25  for the system, information to be shared, policies for data 
 47.26  subject access to data, and time frame for implementation.  
 47.27     Sec. 10.  Minnesota Statutes 2002, section 299C.10, is 
 47.28  amended by adding a subdivision to read: 
 47.29     Subd. 1a.  [COURT DISPOSITION RECORD IN SUSPENSE; 
 47.30  FINGERPRINTING.] The superintendent of the bureau shall inform a 
 47.31  prosecuting authority that a person prosecuted by that authority 
 47.32  is the subject of a court disposition record in suspense which 
 47.33  requires fingerprinting under this section.  Upon being notified 
 47.34  by the superintendent or otherwise learning of the suspense 
 47.35  status of a court disposition record, any prosecuting authority 
 47.36  may bring a motion in district court to compel the taking of the 
 48.1   person's fingerprints upon a showing to the court that the 
 48.2   person is the subject of the court disposition record in 
 48.3   suspense.  
 48.4      Sec. 11.  Minnesota Statutes 2002, section 299C.10, 
 48.5   subdivision 2, is amended to read: 
 48.6      Subd. 2.  [LAW ENFORCEMENT EDUCATION.] The sheriffs and 
 48.7   police officers and their agents, employees, and subordinates 
 48.8   who take finger and thumb prints must obtain training in the 
 48.9   proper methods of taking and transmitting finger prints under 
 48.10  this section consistent with bureau requirements. 
 48.11     Sec. 12.  Minnesota Statutes 2002, section 299C.14, is 
 48.12  amended to read: 
 48.13     299C.14 [INFORMATION ON RELEASED PRISONER.] 
 48.14     It shall be the duty of the officials having charge of the 
 48.15  penal institutions of the state or the release of prisoners 
 48.16  therefrom to furnish to the bureau, as the superintendent may 
 48.17  require, finger and thumb prints, photographs, distinctive 
 48.18  physical mark identification data, other identification data, 
 48.19  modus operandi reports, and criminal records of prisoners 
 48.20  heretofore, now, or hereafter confined in such penal 
 48.21  institutions, together with the period of their service and the 
 48.22  time, terms, and conditions of their discharge.  This duty to 
 48.23  furnish information includes, but is not limited to, requests 
 48.24  for fingerprints as the superintendent of the bureau deems 
 48.25  necessary to maintain and ensure the accuracy of the bureau's 
 48.26  criminal history files, to reduce the number of suspense files, 
 48.27  or to comply with the mandates of section 299C.111 relating to 
 48.28  the reduction of the number of suspense files where a 
 48.29  disposition record is received that cannot be linked to an 
 48.30  arrest record. 
 48.31     Sec. 13.  Minnesota Statutes 2002, section 299C.65, is 
 48.32  amended by adding a subdivision to read: 
 48.33     Subd. 1a.  [DATA CLASSIFICATION.] Data held by and 
 48.34  accessible through CriMNet is classified under section 13.8703. 
 48.35     Sec. 14.  Minnesota Statutes 2003 Supplement, section 
 48.36  611.272, is amended to read: 
 49.1      611.272 [ACCESS TO GOVERNMENT DATA.] 
 49.2      The district public defender, the state public defender, or 
 49.3   an attorney working for a public defense corporation under 
 49.4   section 611.216 has access to the criminal justice data 
 49.5   communications network described in section 299C.46, as provided 
 49.6   in this section.  Access to data under this section is limited 
 49.7   to data regarding the public defender's own client as necessary 
 49.8   to prepare criminal cases in which the public defender has been 
 49.9   appointed, including as follows:  
 49.10     (1) access to data about witnesses in a criminal case shall 
 49.11  be limited to records of criminal convictions; and 
 49.12     (2) access to data regarding the public defender's own 
 49.13  client which includes, but is not limited to, criminal history 
 49.14  data under section 13.87; juvenile offender data under section 
 49.15  299C.095; warrant information data under section 299C.115; 
 49.16  incarceration data under section 299C.14; conditional release 
 49.17  data under section 299C.147; and diversion program data under 
 49.18  section 299C.46, subdivision 5.  
 49.19     The public defender has access to data under this section 
 49.20  whether accessed via CriMNet or other methods.  The public 
 49.21  defender does not have access to law enforcement active 
 49.22  investigative data under section 13.82, subdivision 7; data 
 49.23  protected under section 13.82, subdivision 17; or confidential 
 49.24  arrest warrant indices data under section 13.82, subdivision 19, 
 49.25  or to data systems maintained by a prosecuting attorney.  The 
 49.26  public defender has access to the data at no charge, except for 
 49.27  the monthly network access charge under section 299C.46, 
 49.28  subdivision 3, paragraph (b), and a reasonable installation 
 49.29  charge for a terminal.  Notwithstanding section 13.87, 
 49.30  subdivision 3; 299C.46, subdivision 3, paragraph (b); 299C.48, 
 49.31  or any other law to the contrary, there shall be no charge to 
 49.32  public defenders for Internet access to the criminal justice 
 49.33  data communications network. 
 49.34     Sec. 15.  [REPORTS REQUIRED.] 
 49.35     (a) The Juvenile and Criminal Information Task Force 
 49.36  established under Minnesota Statutes, section 299C.65, shall 
 50.1   study and prepare recommendations for policy group consideration 
 50.2   of the following: 
 50.3      (1) advisability of providing Web-based access to CriMNet 
 50.4   data by data subjects; 
 50.5      (2) standards for use of subscription services; 
 50.6      (3) advisability of use of CriMNet data for noncriminal 
 50.7   justice background checks without the consent of the data 
 50.8   subject; 
 50.9      (4) advisability of providing public access; 
 50.10     (5) standards for dissemination of CriMNet data to entities 
 50.11  that are not subject to Minnesota Statutes, chapter 13; 
 50.12     (6) retention schedules for CriMNet data; 
 50.13     (7) effect of federal requirements on the rights of 
 50.14  individuals under Minnesota Statutes, chapter 13; and 
 50.15     (8) implementing the Minnesota Government Data Practices 
 50.16  Act and court rules of access requirements regarding disclosure 
 50.17  of disputed data held by CriMNet. 
 50.18     (b) The report must be submitted pursuant to Minnesota 
 50.19  Statutes, section 299C.65, subdivision 3, and is due no later 
 50.20  than December 15, 2004.  
 50.21     (c) The commissioner of administration must study and 
 50.22  prepare recommendations on possibilities for the state to 
 50.23  maximize its return on investments in information management 
 50.24  systems.  The report must be submitted to the chair of the House 
 50.25  Committee on State Government Finance and the chair of the 
 50.26  Senate Committee on Finance, State Government Budget Division by 
 50.27  January 15, 2005.