1.1 	A bill for an act
1.2 	relating to data practices; making technical,
1.3 	conforming, and clarifying changes to the Minnesota
1.4 	Government Data Practices Act; defining terms;
1.5 	classifying, regulating, and reviewing access to and
1.6 	dissemination of certain data; providing notice of
1.7 	breaches in security; regulating certain fees;
1.8 	providing for the conduct of certain board and council
1.9 	meetings; modifying provisions regulating motor
1.10 	vehicle and driver applications and records;
1.11 	regulating disclosure of nonidentifying sales tax
1.12 	returns; modifying vehicle accident reports and
1.13 	procedures; providing for treatment of data held by
1.14 	the comprehensive incident-based reporting system;
1.15 	regulating use of Social Security numbers; classifying
1.16 	certain animal health data; defining terms and
1.17 	regulating data privacy practices for wireless
1.18 	telecommunications; providing for a review of the
1.19 	handling of genetic information; amending Minnesota
1.20 	Statutes 2004, sections 3.978, subdivision 2; 11A.24,
1.21 	subdivision 6; 13.01, subdivisions 1, 3; 13.02,
1.22 	subdivision 7; 13.03, subdivisions 1, 2, 3, 4, 5, 6,
1.23 	8; 13.04, subdivisions 2, 4; 13.05, subdivisions 1, 4,
1.24 	6, 7, 8, 9; 13.06, subdivisions 1, 2, 3, 4; 13.07;
1.25 	13.072, subdivision 4; 13.073, subdivision 3; 13.08,
1.26 	subdivisions 1, 2, 5; 13.32, by adding a subdivision;
1.27 	13.37, subdivisions 1, 2, 3; 13.3805, by adding a
1.28 	subdivision; 13.43, subdivisions 1, 2, 3; 13.46,
1.29 	subdivision 4; 13.591, by adding subdivisions; 13.601,
1.30 	by adding a subdivision; 13.635, by adding a
1.31 	subdivision; 13.643, by adding a subdivision; 13.72,
1.32 	by adding subdivisions; 13.82, subdivisions 1, 16;
1.33 	16C.06, subdivision 5; 116J.68, by adding a
1.34 	subdivision; 116L.03, by adding a subdivision;
1.35 	116L.665, by adding a subdivision; 116M.15, by adding
1.36 	a subdivision; 116U.25; 168.346; 168A.04, by adding a
1.37 	subdivision; 169.09, subdivisions 1, 2, 3, 4, 5, 6, 7,
1.38 	8, 9, 11, 12, 14, 15, by adding subdivisions; 171.07,
1.39 	subdivisions 1, 3; 171.12, subdivision 7; 270B.01,
1.40 	subdivision 5; 270B.03, subdivision 1; proposing
1.41 	coding for new law in Minnesota Statutes, chapters 13;
1.42 	41A; 299C; 325E; repealing Minnesota Statutes 2004,
1.43 	sections 13.04, subdivision 5; 169.09, subdivision 10;
1.44 	170.55.
1.45 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.1 	Section 1. Minnesota Statutes 2004, section 3.978,
2.2 	subdivision 2, is amended to read:
2.3 		Subd. 2.Inquiry and inspection power; duty to aid
2.4 	legislative auditor.  All public officials and their deputies
2.5 	and employees, and all corporations, firms, and individuals
2.6 	having business involving the receipt, disbursement, or custody
2.7 	of public funds shall at all times afford reasonable facilities
2.8 	for examinations by the legislative auditor, make returns and
2.9 	reports required by the legislative auditor, attend and answer
2.10 	under oath the legislative auditor's lawful inquiries, produce
2.11 	and exhibit all books, accounts, documents, data of any
2.12 	classification,and property that the legislative auditor
2.13 	may desire need to inspect, and in all things aid the
2.14 	legislative auditor in the performance of duties.

2.15 	Sec. 2. Minnesota Statutes 2004, section 11A.24,
2.16 	subdivision 6, is amended to read:
2.17 		Subd. 6.Other investments.  (a) In addition to the
2.18 	investments authorized in subdivisions 1 to 5, and subject to
2.19 	the provisions in paragraph (b), the state board may invest
2.20 	funds in:
2.21 	(1) venture capital investment businesses through
2.22 	participation in limited partnerships, trusts, private
2.23 	placements, limited liability corporations, limited liability
2.24 	companies, limited liability partnerships, and corporations;
2.25 	(2) real estate ownership interests or loans secured by
2.26 	mortgages or deeds of trust or shares of real estate investment
2.27 	trusts through investment in limited partnerships, bank
2.28 	sponsored collective funds, trusts, mortgage participation
2.29 	agreements, and insurance company commingled accounts, including
2.30 	separate accounts;
2.31 	(3) regional and mutual funds through bank sponsored
2.32 	collective funds and open-end investment companies registered
2.33 	under the Federal Investment Company Act of 1940, and closed-end
2.34 	mutual funds listed on an exchange regulated by a governmental
2.35 	agency;
2.36 	(4) resource investments through limited partnerships,
3.1 	trusts, private placements, limited liability corporations,
3.2 	limited liability companies, limited liability partnerships, and
3.3 	corporations; and
3.4 	(5) international securities.
3.5 	(b) The investments authorized in paragraph (a) must
3.6 	conform to the following provisions:
3.7 	(1) the aggregate value of all investments made according
3.8 	to paragraph (a), clauses (1) to (4), may not exceed 35 percent
3.9 	of the market value of the fund for which the state board is
3.10 	investing;
3.11 	(2) there must be at least four unrelated owners of the
3.12 	investment other than the state board for investments made under
3.13 	paragraph (a), clause (1), (2), (3), or (4);
3.14 	(3) state board participation in an investment vehicle is
3.15 	limited to 20 percent thereof for investments made under
3.16 	paragraph (a), clause (1), (2), (3), or (4); and
3.17 	(4) state board participation in a limited partnership does
3.18 	not include a general partnership interest or other interest
3.19 	involving general liability.  The state board may not engage in
3.20 	any activity as a limited partner which creates general
3.21 	liability.
3.22 	(c) All financial, business, or proprietary data collected,
3.23 	created, received, or maintained by the state board in
3.24 	connection with investments authorized by paragraph (a), clause
3.25 	(1), (2), or (4), are nonpublic data under section 13.02,
3.26 	subdivision 9.  As used in this section, "financial, business,
3.27 	or proprietary data" means data, as determined by the
3.28 	responsible authority for the state board:  (i) that is of a
3.29 	financial, business, or proprietary nature; and (ii) the release
3.30 	of which could cause competitive harm to the state board, the
3.31 	legal entity in which the state board has invested or has
3.32 	considered an investment, the managing entity of an investment,
3.33 	or a portfolio company in which the legal entity holds an
3.34 	interest.  As used in this section, "business data" is data
3.35 	described in section 13.591, subdivision 1.  Regardless of
3.36 	whether they could be considered financial, business, or
4.1 	proprietary data, the following data received, prepared, used,
4.2 	or retained by the state board in connection with investments
4.3 	authorized by paragraph (a), clause (1), (2), or (4), are public
4.4 	at all times:
4.5 	(1) the name and industry group classification of the legal
4.6 	entity in which the state board has invested or in which the
4.7 	state board has considered an investment;
4.8 	(2) the state board commitment amount, if any;
4.9 	(3) the funded amount of the state board's commitment to
4.10 	date, if any;
4.11 	(4) the market value of the investment by the state board;
4.12 	(5) the state board's internal rate of return for the
4.13 	investment, including expenditures and receipts used in the
4.14 	calculation of the investment's internal rate of return; and 
4.15 	(6) the age of the investment in years.

4.16 	Sec. 3. Minnesota Statutes 2004, section 13.01,
4.17 	subdivision 1, is amended to read:
4.18 		Subdivision 1.Applicability.  All state agencies,
4.19 	political subdivisions and statewide systems government entities 
4.20 	shall be governed by this chapter.

4.21 	Sec. 4. Minnesota Statutes 2004, section 13.01,
4.22 	subdivision 3, is amended to read:
4.23 		Subd. 3.Scope.  This chapter regulates the collection,
4.24 	creation, storage, maintenance, dissemination, and access to
4.25 	government data in state agencies, statewide systems, and
4.26 	political subdivisions government entities.  It establishes a
4.27 	presumption that government data are public and are accessible
4.28 	by the public for both inspection and copying unless there is
4.29 	federal law, a state statute, or a temporary classification of
4.30 	data that provides that certain data are not public.

4.31 	Sec. 5. Minnesota Statutes 2004, section 13.02,
4.32 	subdivision 7, is amended to read:
4.33 		Subd. 7.Government data.  "Government data" means all
4.34 	data collected, created, received, maintained or disseminated by
4.35 	any state agency, political subdivision, or statewide
4.36 	system government entity regardless of its physical form,
5.1 	storage media or conditions of use.

5.2 	Sec. 6. Minnesota Statutes 2004, section 13.03,
5.3 	subdivision 1, is amended to read:
5.4 		Subdivision 1.Public data.  All government data
5.5 	collected, created, received, maintained or disseminated by a
5.6 	state agency, political subdivision, or statewide
5.7 	system government entity shall be public unless classified by
5.8 	statute, or temporary classification pursuant to section 13.06,
5.9 	or federal law, as nonpublic or protected nonpublic, or with
5.10 	respect to data on individuals, as private or confidential. The
5.11 	responsible authority in every state agency, political
5.12 	subdivision and statewide system government entity shall keep
5.13 	records containing government data in such an arrangement and
5.14 	condition as to make them easily accessible for convenient use.
5.15 	Photographic, photostatic, microphotographic, or microfilmed
5.16 	records shall be considered as accessible for convenient use
5.17 	regardless of the size of such records.

5.18 	Sec. 7. Minnesota Statutes 2004, section 13.03,
5.19 	subdivision 2, is amended to read:
5.20 		Subd. 2.Procedures.  (a) The responsible authority in
5.21 	every state agency, political subdivision, and statewide
5.22 	system government entity shall establish procedures, consistent
5.23 	with this chapter, to insure that requests for government data
5.24 	are received and complied with in an appropriate and prompt
5.25 	manner.
5.26 	(b) The responsible authority shall prepare public access
5.27 	procedures in written form and update them no later than August
5.28 	1 of each year as necessary to reflect any changes in personnel
5.29 	or circumstances that might affect public access to government
5.30 	data.  The responsible authority shall make copies of the
5.31 	written public access procedures easily available to the public
5.32 	by distributing free copies of the procedures to the public or
5.33 	by posting a copy of the procedures in a conspicuous place
5.34 	within the government entity that is easily accessible to the
5.35 	public.
5.36 	(c) Full convenience and comprehensive accessibility shall
6.1 	be allowed to researchers including historians, genealogists and
6.2 	other scholars to carry out extensive research and complete
6.3 	copying of all records containing government data except as
6.4 	otherwise expressly provided by law.
6.5 	A responsible authority may designate one or more designees.

6.6 	Sec. 8. Minnesota Statutes 2004, section 13.03,
6.7 	subdivision 3, is amended to read:
6.8 		Subd. 3.Request for access to data.  (a) Upon request to
6.9 	a responsible authority or designee, a person shall be permitted
6.10 	to inspect and copy public government data at reasonable times
6.11 	and places, and, upon request, shall be informed of the data's
6.12 	meaning.  If a person requests access for the purpose of
6.13 	inspection, the responsible authority may not assess a charge or
6.14 	require the requesting person to pay a fee to inspect data.
6.15 	(b) For purposes of this section, "inspection" includes,
6.16 	but is not limited to, the visual inspection of paper and
6.17 	similar types of government data.  Inspection does not include
6.18 	printing copies by the government entity, unless printing a copy
6.19 	is the only method to provide for inspection of the data.  In
6.20 	the case of data stored in electronic form and made available in
6.21 	electronic form on a remote access basis to the public by the
6.22 	government entity, inspection includes remote access to the data
6.23 	by the public and the ability to print copies of or download the
6.24 	data on the public's own computer equipment.  Nothing in this
6.25 	section prohibits a government entity from charging a reasonable
6.26 	fee for remote access to data under a specific statutory grant
6.27 	of authority.  A government entity may charge a fee for remote
6.28 	access to data where either the data or the access is enhanced
6.29 	at the request of the person seeking access.
6.30 	(c) The responsible authority or designee shall provide
6.31 	copies of public data upon request.  If a person requests copies
6.32 	or electronic transmittal of the data to the person, the
6.33 	responsible authority may require the requesting person to pay
6.34 	the actual costs of searching for and retrieving government
6.35 	data, including the cost of employee time, and for making,
6.36 	certifying, compiling, and electronically transmitting the
7.1 	copies of the data or the data, but may not charge for
7.2 	separating public from not public data. However, if 100 or
7.3 	fewer pages of black and white, letter or legal size paper
7.4 	copies are requested, actual costs shall not be used, and
7.5 	instead, the responsible authority may charge no more than 25
7.6 	cents for each page copied.If the responsible authority or
7.7 	designee is not able to provide copies at the time a request is
7.8 	made, copies shall be supplied as soon as reasonably possible.
7.9 	(d) When a request under this subdivision involves any
7.10 	person's receipt of copies of public government data that has
7.11 	commercial value and is a substantial and discrete portion of or
7.12 	an entire formula, pattern, compilation, program, device,
7.13 	method, technique, process, database, or system developed with a
7.14 	significant expenditure of public funds by the agency government
7.15 	entity, the responsible authority may charge a reasonable fee
7.16 	for the information in addition to the costs of making,
7.17 	certifying, and compiling the copies.  Any fee charged must be
7.18 	clearly demonstrated by the agency government entity to relate
7.19 	to the actual development costs of the information.  The
7.20 	responsible authority, upon the request of any person, shall
7.21 	provide sufficient documentation to explain and justify the fee
7.22 	being charged.
7.23 	(e) The responsible authority of a state agency, statewide
7.24 	system, or political subdivision government entity that
7.25 	maintains public government data in a computer storage medium
7.26 	shall provide to any person making a request under this section
7.27 	a copy of any public data contained in that medium, in
7.28 	electronic form, if the government entity can reasonably make
7.29 	the copy or have a copy made.  This does not require a
7.30 	government entity to provide the data in an electronic format or
7.31 	program that is different from the format or program in which
7.32 	the data are maintained by the government entity.  The entity
7.33 	may require the requesting person to pay the actual cost of
7.34 	providing the copy.
7.35 	(f) If the responsible authority or designee determines
7.36 	that the requested data is classified so as to deny the
8.1 	requesting person access, the responsible authority or designee
8.2 	shall inform the requesting person of the determination either
8.3 	orally at the time of the request, or in writing as soon after
8.4 	that time as possible, and shall cite the specific statutory
8.5 	section, temporary classification, or specific provision of
8.6 	federal law on which the determination is based.  Upon the
8.7 	request of any person denied access to data, the responsible
8.8 	authority or designee shall certify in writing that the request
8.9 	has been denied and cite the specific statutory section,
8.10 	temporary classification, or specific provision of federal law
8.11 	upon which the denial was based.

8.12 	Sec. 9. Minnesota Statutes 2004, section 13.03,
8.13 	subdivision 4, is amended to read:
8.14 		Subd. 4.Change in classification of data; effect of
8.15 	dissemination among agencies.  (a) The classification of data in
8.16 	the possession of an agency entity shall change if it is
8.17 	required to do so to comply with either judicial or
8.18 	administrative rules pertaining to the conduct of legal actions
8.19 	or with a specific statute applicable to the data in the
8.20 	possession of the disseminating or receiving agency entity.
8.21 	(b) If data on individuals is classified as both private
8.22 	and confidential by this chapter, or any other statute or
8.23 	federal law, the data is private.
8.24 	(c) To the extent that government data is disseminated to
8.25 	state agencies, political subdivisions, or statewide systems a
8.26 	government entity by another state agency, political
8.27 	subdivision, or statewide system government entity, the data
8.28 	disseminated shall have the same classification in the hands of
8.29 	the agency entity receiving it as it had in the hands of the
8.30 	entity providing it.
8.31 	(d) If a state agency, statewide system, or political
8.32 	subdivision government entity disseminates data to another state
8.33 	agency, statewide system, or political subdivision government
8.34 	entity, a classification provided for by law in the hands of the
8.35 	entity receiving the data does not affect the classification of
8.36 	the data in the hands of the entity that disseminates the data.

9.1 	Sec. 10. Minnesota Statutes 2004, section 13.03,
9.2 	subdivision 5, is amended to read:
9.3 		Subd. 5.Copyright or patent of government data.  A state
9.4 	agency, statewide system, or political subdivision government
9.5 	entity may enforce a copyright or acquire a patent for a
9.6 	computer software program or components of a program created by
9.7 	that government agency entity without statutory authority.  In
9.8 	the event that a government agency entity acquires a patent to a
9.9 	computer software program or component of a program, the data
9.10 	shall be treated as trade secret information pursuant to section
9.11 	13.37.

9.12 	Sec. 11. Minnesota Statutes 2004, section 13.03,
9.13 	subdivision 6, is amended to read:
9.14 		Subd. 6.Discoverability of not public data.  If a state
9.15 	agency, political subdivision, or statewide system government
9.16 	entity opposes discovery of government data or release of data
9.17 	pursuant to court order on the grounds that the data are
9.18 	classified as not public, the party that seeks access to the
9.19 	data may bring before the appropriate presiding judicial
9.20 	officer, arbitrator, or administrative law judge an action to
9.21 	compel discovery or an action in the nature of an action to
9.22 	compel discovery.
9.23 	The presiding officer shall first decide whether the data
9.24 	are discoverable or releasable pursuant to the rules of evidence
9.25 	and of criminal, civil, or administrative procedure appropriate
9.26 	to the action.
9.27 	If the data are discoverable the presiding officer shall
9.28 	decide whether the benefit to the party seeking access to the
9.29 	data outweighs any harm to the confidentiality interests of the
9.30 	agency entity maintaining the data, or of any person who has
9.31 	provided the data or who is the subject of the data, or to the
9.32 	privacy interest of an individual identified in the data.  In
9.33 	making the decision, the presiding officer shall consider
9.34 	whether notice to the subject of the data is warranted and, if
9.35 	warranted, what type of notice must be given.  The presiding
9.36 	officer may fashion and issue any protective orders necessary to
10.1 	assure proper handling of the data by the parties.  If the data
10.2 	are a videotape of a child victim or alleged victim alleging,
10.3 	explaining, denying, or describing an act of physical or sexual
10.4 	abuse, the presiding officer shall consider the provisions of
10.5 	section 611A.90, subdivision 2, paragraph (b).

10.6 	Sec. 12. Minnesota Statutes 2004, section 13.03,
10.7 	subdivision 8, is amended to read:
10.8 		Subd. 8.Change to classification of data not on
10.9 	individuals.  Except for security information, nonpublic and
10.10 	protected nonpublic data shall become public either ten years
10.11 	after the creation of the data by the government agency entity 
10.12 	or ten years after the data was received or collected by any
10.13 	governmental agency entity unless the responsible authority for
10.14 	the originating or custodial agency entity for the data
10.15 	reasonably determines that, if the data were made available to
10.16 	the public or to the data subject, the harm to the public or to
10.17 	a data subject would outweigh the benefit to the public or to
10.18 	the data subject.  If the responsible authority denies access to
10.19 	the data, the person denied access may challenge the denial by
10.20 	bringing an action in district court seeking release of the
10.21 	data.  The action shall be brought in the district court located
10.22 	in the county where the data are being maintained, or, in the
10.23 	case of data maintained by a state agency, in any county.  The
10.24 	data in dispute shall be examined by the court in camera.  In
10.25 	deciding whether or not to release the data, the court shall
10.26 	consider the benefits and harms in the same manner as set forth
10.27 	above.  The court shall make a written statement of findings in
10.28 	support of its decision.

10.29 	Sec. 13. Minnesota Statutes 2004, section 13.04,
10.30 	subdivision 2, is amended to read:
10.31 		Subd. 2.Information required to be given individual.  An
10.32 	individual asked to supply private or confidential data
10.33 	concerning the individual shall be informed of:  (a) the purpose
10.34 	and intended use of the requested data within the collecting
10.35 	state agency, political subdivision, or statewide
10.36 	system government entity; (b) whether the individual may refuse
11.1 	or is legally required to supply the requested data; (c) any
11.2 	known consequence arising from supplying or refusing to supply
11.3 	private or confidential data; and (d) the identity of other
11.4 	persons or entities authorized by state or federal law to
11.5 	receive the data.  This requirement shall not apply when an
11.6 	individual is asked to supply investigative data, pursuant to
11.7 	section 13.82, subdivision 7, to a law enforcement officer.

11.8 	Sec. 14. Minnesota Statutes 2004, section 13.04,
11.9 	subdivision 4, is amended to read:
11.10 		Subd. 4.Procedure when data is not accurate or
11.11 	complete.  (a) An individual subject of the data may contest the
11.12 	accuracy or completeness of public or private data.  To exercise
11.13 	this right, an individual shall notify in writing the
11.14 	responsible authority describing the nature of the
11.15 	disagreement.  The responsible authority shall within 30 days
11.16 	either:  (1) correct the data found to be inaccurate or
11.17 	incomplete and attempt to notify past recipients of inaccurate
11.18 	or incomplete data, including recipients named by the
11.19 	individual; or (2) notify the individual that the authority
11.20 	believes the data to be correct.  Data in dispute shall be
11.21 	disclosed only if the individual's statement of disagreement is
11.22 	included with the disclosed data.
11.23 	The determination of the responsible authority may be
11.24 	appealed pursuant to the provisions of the Administrative
11.25 	Procedure Act relating to contested cases.  Upon receipt of an
11.26 	appeal by an individual, the commissioner shall, before issuing
11.27 	the order and notice of a contested case hearing required by
11.28 	chapter 14, try to resolve the dispute through education,
11.29 	conference, conciliation, or persuasion.  If the parties
11.30 	consent, the commissioner may refer the matter to mediation.
11.31 	Following these efforts, the commissioner shall dismiss the
11.32 	appeal or issue the order and notice of hearing.
11.33 	(b) Data on individuals that have been successfully
11.34 	challenged by an individual must be completed, corrected, or
11.35 	destroyed by a state agency, political subdivision, or statewide
11.36 	system without regard to the requirements of section 138.17.
12.1 	After completing, correcting, or destroying successfully
12.2 	challenged data, a state agency, political subdivision, or
12.3 	statewide system government entity may retain a copy of the
12.4 	commissioner of administration's order issued under chapter 14
12.5 	or, if no order were issued, a summary of the dispute between
12.6 	the parties that does not contain any particulars of the
12.7 	successfully challenged data.

12.8 	Sec. 15. Minnesota Statutes 2004, section 13.05,
12.9 	subdivision 1, is amended to read:
12.10 		Subdivision 1.Public document of data categories.  The
12.11 	responsible authority shall prepare a public document containing
12.12 	the authority's name, title and address, and a description of
12.13 	each category of record, file, or process relating to private or
12.14 	confidential data on individuals maintained by the
12.15 	authority's state agency, statewide system, or political
12.16 	subdivision government entity.  Forms used to collect private
12.17 	and confidential data shall be included in the public document.
12.18 	Beginning August 1, 1977 and annually thereafter, the
12.19 	responsible authority shall update the public document and make
12.20 	any changes necessary to maintain the accuracy of the document.
12.21 	The document shall be available from the responsible authority
12.22 	to the public in accordance with the provisions of sections
12.23 	13.03 and 15.17.

12.24 	Sec. 16. Minnesota Statutes 2004, section 13.05,
12.25 	subdivision 4, is amended to read:
12.26 		Subd. 4.Limitations on collection and use of data.
 12.27 	Private or confidential data on an individual shall not be
12.28 	collected, stored, used, or disseminated by political
12.29 	subdivisions, statewide systems, or state agencies government
12.30 	entities for any purposes other than those stated to the
12.31 	individual at the time of collection in accordance with section
12.32 	13.04, except as provided in this subdivision.
12.33 	(a) Data collected prior to August 1, 1975, and which have
12.34 	not been treated as public data, may be used, stored, and
12.35 	disseminated for the purposes for which the data was originally
12.36 	collected or for purposes which are specifically approved by the
13.1 	commissioner as necessary to public health, safety, or welfare.
13.2 	(b) Private or confidential data may be used and
13.3 	disseminated to individuals or agencies entities specifically
13.4 	authorized access to that data by state, local, or federal law
13.5 	enacted or promulgated after the collection of the data.
13.6 	(c) Private or confidential data may be used and
13.7 	disseminated to individuals or agencies entities subsequent to
13.8 	the collection of the data when the responsible authority
13.9 	maintaining the data has requested approval for a new or
13.10 	different use or dissemination of the data and that request has
13.11 	been specifically approved by the commissioner as necessary to
13.12 	carry out a function assigned by law.
13.13 	(d) Private data may be used by and disseminated to any
13.14 	person or agency entity if the individual subject or subjects of
13.15 	the data have given their informed consent.  Whether a data
13.16 	subject has given informed consent shall be determined by rules
13.17 	of the commissioner.  The format for informed consent is as
13.18 	follows, unless otherwise prescribed by the HIPAA, Standards for
13.19 	Privacy of Individually Identifiable Health Information, 65 Fed.
13.20 	Reg. 82, 461 (2000) (to be codified as Code of Federal
13.21 	Regulations, title 45, section 164):  informed consent shall not
13.22 	be deemed to have been given by an individual subject of the
13.23 	data by the signing of any statement authorizing any person
13.24 	or agency entity to disclose information about the individual to
13.25 	an insurer or its authorized representative, unless the
13.26 	statement is:
13.27 	(1) in plain language;
13.28 	(2) dated;
13.29 	(3) specific in designating the particular persons or
13.30 	agencies the data subject is authorizing to disclose information
13.31 	about the data subject;
13.32 	(4) specific as to the nature of the information the
13.33 	subject is authorizing to be disclosed;
13.34 	(5) specific as to the persons or agencies entities to whom
13.35 	the subject is authorizing information to be disclosed;
13.36 	(6) specific as to the purpose or purposes for which the
14.1 	information may be used by any of the parties named in clause
14.2 	(5), both at the time of the disclosure and at any time in the
14.3 	future;
14.4 	(7) specific as to its expiration date which should be
14.5 	within a reasonable period of time, not to exceed one year
14.6 	except in the case of authorizations given in connection with
14.7 	applications for (i) life insurance or noncancelable or
14.8 	guaranteed renewable health insurance and identified as such,
14.9 	two years after the date of the policy or (ii) medical
14.10 	assistance under chapter 256B or MinnesotaCare under chapter
14.11 	256L, which shall be ongoing during all terms of eligibility,
14.12 	for individual education plan health-related services provided
14.13 	by a school district under section 125A.21, subdivision 2.
14.14 	The responsible authority may require a person requesting
14.15 	copies of data under this paragraph to pay the actual costs of
14.16 	making, certifying, and compiling the copies.
14.17 	(e) Private or confidential data on an individual may be
14.18 	discussed at a meeting open to the public to the extent provided
14.19 	in section 13D.05.

14.20 	Sec. 17. Minnesota Statutes 2004, section 13.05,
14.21 	subdivision 6, is amended to read:
14.22 		Subd. 6.Contracts.  Except as provided in section 13.46,
14.23 	subdivision 5, in any contract between a governmental
14.24 	unit government entity subject to this chapter and any person,
14.25 	when the contract requires that data on individuals be made
14.26 	available to the contracting parties by the governmental unit 
14.27 	government entity, that data shall be administered consistent
14.28 	with this chapter.  A contracting party shall maintain the data
14.29 	on individuals which it received according to the statutory
14.30 	provisions applicable to the data.

14.31 	Sec. 18. Minnesota Statutes 2004, section 13.05,
14.32 	subdivision 7, is amended to read:
14.33 		Subd. 7.Preparation of summary data.  The use of summary
14.34 	data derived from private or confidential data on individuals
14.35 	under the jurisdiction of one or more responsible authorities is
14.36 	permitted.  Unless classified pursuant to section 13.06, another
15.1 	statute, or federal law, summary data is public.  The
15.2 	responsible authority shall prepare summary data from private or
15.3 	confidential data on individuals upon the request of any person
15.4 	if the request is in writing and the cost of preparing the
15.5 	summary data is borne by the requesting person.  The responsible
15.6 	authority may delegate the power to prepare summary data (1) to
15.7 	the administrative officer responsible for any central
15.8 	repository of summary data; or (2) to a person outside of its
15.9 	agency the entity if the person's purpose is set forth, in
15.10 	writing, and the person agrees not to disclose, and the
15.11 	agency entity reasonably determines that the access will not
15.12 	compromise private or confidential data on individuals.

15.13 	Sec. 19. Minnesota Statutes 2004, section 13.05,
15.14 	subdivision 8, is amended to read:
15.15 		Subd. 8.Publication of access procedures.  The
15.16 	responsible authority shall prepare a public document setting
15.17 	forth in writing the rights of the data subject pursuant to
15.18 	section 13.04 and the specific procedures in effect in the state
15.19 	agency, statewide system or political subdivision government
15.20 	entity for access by the data subject to public or private data
15.21 	on individuals.

15.22 	Sec. 20. Minnesota Statutes 2004, section 13.05,
15.23 	subdivision 9, is amended to read:
15.24 		Subd. 9.Intergovernmental access of data.  A responsible
15.25 	authority shall allow another responsible authority access to
15.26 	data classified as not public only when the access is authorized
15.27 	or required by statute or federal law.  An agency entity that
15.28 	supplies government data under this subdivision may require the
15.29 	requesting agency entity to pay the actual cost of supplying the
15.30 	data.

15.31 	Sec. 21. [13.055] STATE AGENCIES; DISCLOSURE OF BREACH IN
15.32 	SECURITY.
15.33 		Subdivision 1.Definitions. For purposes of this
15.34 	section, the following terms have the meanings given to them.
15.35 	(a) "Breach of the security of the data" means unauthorized
15.36 	acquisition of data maintained by a state agency that
16.1 	compromises the security and classification of the data.  Good
16.2 	faith acquisition of government data by an employee, contractor,
16.3 	or agent of a state agency for the purposes of the state agency
16.4 	is not a breach of the security of the data, if the government
16.5 	data is not provided to an unauthorized person.
16.6 	(b) "Contact information" means either name and mailing
16.7 	address or name and e-mail address for each individual who is
16.8 	the subject of data maintained by the state agency.
16.9 	(c) "Unauthorized acquisition" means that a person has
16.10 	obtained government data without the informed consent of the
16.11 	individuals who are the subjects of the data or statutory
16.12 	authority and with the intent to use the data for
16.13 	non-governmental purposes.
16.14 	(d) "Unauthorized person" means any person who accesses
16.15 	government data without permission or without a work assignment
16.16 	that reasonably requires the person to have access to the data.
16.17 		Subd. 2.Notice to individuals. A state agency that
16.18 	collects, creates, receives, maintains or disseminates private
16.19 	or confidential data on individuals must disclose any breach of
16.20 	the security of the data following discovery or notification of
16.21 	the breach.  Notification must be made to any individual who is
16.22 	the subject of the data and whose private or confidential data
16.23 	was, or is reasonably believed to have been, acquired by an
16.24 	unauthorized person.  The disclosure must be made in the most
16.25 	expedient time possible and without unreasonable delay,
16.26 	consistent with (1) the legitimate needs of a law enforcement
16.27 	agency as provided in subdivision 3; or (2) any measures
16.28 	necessary to determine the scope of the breach and restore the
16.29 	reasonable security of the data.
16.30 		Subd. 3.Delayed notice. The notification required by
16.31 	this section may be delayed if a law enforcement agency
16.32 	determines that the notification will impede an active criminal
16.33 	investigation.  The notification required by this section must
16.34 	be made after the law enforcement agency determines that it will
16.35 	not compromise the investigation.
16.36 		Subd. 4.Method of notice. Notice under this section may
17.1 	be provided by one of the following methods:
17.2 	(a) written notice by first class mail to each affected
17.3 	individual;
17.4 	(b) electronic notice to each affected individual, if the
17.5 	notice provided is consistent with the provisions regarding
17.6 	electronic records and signatures as set forth in United States
17.7 	Code, title 15, section 7001; or 
17.8 	(c) substitute notice, if the state agency demonstrates
17.9 	that the cost of providing the written notice required by
17.10 	paragraph (a) would exceed $250,000, or that the affected class
17.11 	of individuals to be notified exceeds 500,000, or the state
17.12 	agency does not have sufficient contact information.  Substitute
17.13 	notice consists of all of the following:
17.14 	(i) e-mail notice if the state agency has an e-mail address
17.15 	for the affected individuals;
17.16 	(ii) conspicuous posting of the notice on the Web site page
17.17 	of the state agency, if the state agency maintains a Web site;
17.18 	and 
17.19 	(iii) notification to major media outlets that reach the
17.20 	general public.
17.21 		Subd. 5.Coordination with consumer reporting
17.22 	agencies. If the state agency discovers circumstances requiring
17.23 	notification under this section of more than 1,000 individuals
17.24 	at one time, the state agency must also notify, without
17.25 	unreasonable delay, all consumer reporting agencies that compile
17.26 	and maintain files on consumers on a nationwide basis, as
17.27 	defined in United States Code, title 15, section 1681a, of the
17.28 	timing, distribution, and content of the notices.

17.29 	Sec. 22. Minnesota Statutes 2004, section 13.06,
17.30 	subdivision 1, is amended to read:
17.31 		Subdivision 1.Application to commissioner.
 17.32 	Notwithstanding the provisions of section 13.03, the responsible
17.33 	authority of a state agency, political subdivision, or statewide
17.34 	system government entity may apply to the commissioner for
17.35 	permission to classify data or types of data on individuals as
17.36 	private or confidential, or data not on individuals as nonpublic
18.1 	or protected nonpublic, for its own use and for the use of other
18.2 	similar agencies, political subdivisions, or statewide
18.3 	systems government entities on a temporary basis until a
18.4 	proposed statute can be acted upon by the legislature.  The
18.5 	application for temporary classification is public.
18.6 	Upon the filing of an application for temporary
18.7 	classification, the data which is the subject of the application
18.8 	shall be deemed to be classified as set forth in the application
18.9 	for a period of 45 days, or until the application is
18.10 	disapproved, rejected, or granted by the commissioner, whichever
18.11 	is earlier.
18.12 	If the commissioner determines that an application has been
18.13 	submitted for purposes not consistent with this section, the
18.14 	commissioner may immediately reject the application, give notice
18.15 	of that rejection to the applicant, and return the application.
18.16 	When the applicant receives the notice of rejection from the
18.17 	commissioner, the data which was the subject of the application
18.18 	shall have the classification it had before the application was
18.19 	submitted to the commissioner.

18.20 	Sec. 23. Minnesota Statutes 2004, section 13.06,
18.21 	subdivision 2, is amended to read:
18.22 		Subd. 2.Contents of application for private or
18.23 	confidential data.  An application for temporary classification
18.24 	of data on individuals shall include and the applicant shall
18.25 	have the burden of clearly establishing that no statute
18.26 	currently exists which either allows or forbids classification
18.27 	as private or confidential; and either
18.28 	(a) that data similar to that for which the temporary
18.29 	classification is sought has been treated as either private or
18.30 	confidential by other state agencies or political
18.31 	subdivisions government entities, and by the public; or
18.32 	(b) that a compelling need exists for immediate temporary
18.33 	classification, which if not granted could adversely affect the
18.34 	public interest or the health, safety, well being or reputation
18.35 	of the data subject.

18.36 	Sec. 24. Minnesota Statutes 2004, section 13.06,
19.1 	subdivision 3, is amended to read:
19.2 		Subd. 3.Contents of application for nonpublic or
19.3 	nonpublic protected data.  An application for temporary
19.4 	classification of government data not on individuals shall
19.5 	include and the applicant shall have the burden of clearly
19.6 	establishing that no statute currently exists which either
19.7 	allows or forbids classification as nonpublic or protected
19.8 	nonpublic; and either
19.9 	(a) that data similar to that for which the temporary
19.10 	classification is sought has been treated as nonpublic or
19.11 	protected nonpublic by other state agencies or political
19.12 	subdivisions government entities, and by the public; or
19.13 	(b) public access to the data would render unworkable a
19.14 	program authorized by law; or
19.15 	(c) that a compelling need exists for immediate temporary
19.16 	classification, which if not granted could adversely affect the
19.17 	health, safety or welfare of the public.

19.18 	Sec. 25. Minnesota Statutes 2004, section 13.06,
19.19 	subdivision 4, is amended to read:
19.20 		Subd. 4.Procedure when classification affects others.
 19.21 	If the commissioner determines that an application for temporary
19.22 	classification involves data which would reasonably be
19.23 	classified in the same manner by all agencies, political
19.24 	subdivisions, or statewide systems government entities similar
19.25 	to the one which made the application, the commissioner may
19.26 	approve or disapprove the classification for data of the kind
19.27 	which is the subject of the application for the use of
19.28 	all agencies, political subdivisions, or statewide
19.29 	systems government entities similar to the applicant.  On
19.30 	deeming this approach advisable, the commissioner shall provide
19.31 	notice of the proposed action by publication in the State
19.32 	Register within ten days of receiving the application.  Within
19.33 	30 days after publication in the State Register an
19.34 	affected agency, political subdivision,government entity or the
19.35 	public, or statewide system may submit comments on the
19.36 	commissioner's proposal.  The commissioner shall consider any
20.1 	comments received when granting or denying a classification for
20.2 	data of the kind which is the subject of the application, for
20.3 	the use of all agencies, political subdivisions, or statewide
20.4 	systems government entities similar to the applicant.  Within 45
20.5 	days after the close of the period for submitting comment, the
20.6 	commissioner shall grant or disapprove the application.
20.7 	Applications processed under this subdivision shall be either
20.8 	approved or disapproved by the commissioner within 90 days of
20.9 	the receipt of the application.  For purposes of subdivision 1,
20.10 	the data which is the subject of the classification shall be
20.11 	deemed to be classified as set forth in the application for a
20.12 	period of 90 days, or until the application is disapproved or
20.13 	granted by the commissioner, whichever is earlier.  If requested
20.14 	in the application, or determined to be necessary by the
20.15 	commissioner, the data in the application shall be so classified
20.16 	for all agencies, political subdivisions, or statewide
20.17 	systems government entities similar to the applicant until the
20.18 	application is disapproved or granted by the commissioner,
20.19 	whichever is earlier.  Proceedings after the grant or
20.20 	disapproval shall be governed by the provisions of subdivision 5.

20.21 	Sec. 26. Minnesota Statutes 2004, section 13.07, is
20.22 	amended to read:
20.23 	13.07 DUTIES OF THE COMMISSIONER.
20.24 	The commissioner shall promulgate rules, in accordance with
20.25 	the rulemaking procedures in the Administrative Procedure Act
20.26 	which shall apply to state agencies, statewide systems and
20.27 	political subdivisions government entities to implement the
20.28 	enforcement and administration of this chapter.  The rules shall
20.29 	not affect section 13.04, relating to rights of subjects of
20.30 	data.  Prior to the adoption of rules authorized by this section
20.31 	the commissioner shall give notice to all state agencies and
20.32 	political subdivisions in the same manner and in addition to
20.33 	other parties as required by section 14.06 of the date and place
20.34 	of hearing, enclosing a copy of the rules to be adopted.

20.35 	Sec. 27. Minnesota Statutes 2004, section 13.072,
20.36 	subdivision 4, is amended to read:
21.1 		Subd. 4.Data submitted to commissioner.  A state agency,
21.2 	statewide system, or political subdivision government entity may
21.3 	submit not public data to the commissioner for the purpose of
21.4 	requesting or responding to a person's request for an opinion.
21.5 	Government data submitted to the commissioner by a state agency,
21.6 	statewide system, or political subdivision government entity or
21.7 	copies of government data submitted by other persons have the
21.8 	same classification as the data have when held by the state
21.9 	agency, statewide system, or political subdivision government
21.10 	entity.  If the nature of the opinion is such that the release
21.11 	of the opinion would reveal not public data, the commissioner
21.12 	may issue an opinion using pseudonyms for individuals.  Data
21.13 	maintained by the commissioner, in the record of an opinion
21.14 	issued using pseudonyms that would reveal the identities of
21.15 	individuals protected by the use of the pseudonyms, are private
21.16 	data on individuals.

21.17 	Sec. 28. Minnesota Statutes 2004, section 13.073,
21.18 	subdivision 3, is amended to read:
21.19 		Subd. 3.Basic training.  The basic training component
21.20 	should be designed to meet the basic information policy needs of
21.21 	all government employees and public officials with a focus on
21.22 	key data practices laws and procedures that apply to all
21.23 	government entities.  The commissioner should design the basic
21.24 	training component in a manner that minimizes duplication of the
21.25 	effort and cost for government entities to provide basic
21.26 	training.  The commissioner may develop general programs and
21.27 	materials for basic training such as video presentations, data
21.28 	practices booklets, and training guides.  The commissioner may
21.29 	assist state and local government agencies entities in
21.30 	developing training expertise within their own agencies entities 
21.31 	and offer assistance for periodic training sessions for this
21.32 	purpose.

21.33 	Sec. 29. Minnesota Statutes 2004, section 13.08,
21.34 	subdivision 1, is amended to read:
21.35 		Subdivision 1.Action for damages.  Notwithstanding
21.36 	section 466.03, a political subdivision,responsible authority,
22.1 	statewide system,or state agency government entity which
22.2 	violates any provision of this chapter is liable to a person or
22.3 	representative of a decedent who suffers any damage as a result
22.4 	of the violation, and the person damaged or a representative in
22.5 	the case of private data on decedents or confidential data on
22.6 	decedents may bring an action against the political subdivision,
22.7 	responsible authority, statewide system or state agency 
22.8 	government entity to cover any damages sustained, plus costs and
22.9 	reasonable attorney fees.  In the case of a willful violation,
22.10 	the political subdivision, statewide system or state
22.11 	agency government entity shall, in addition, be liable to
22.12 	exemplary damages of not less than $100, nor more than $10,000
22.13 	for each violation.  The state is deemed to have waived any
22.14 	immunity to a cause of action brought under this chapter.

22.15 	Sec. 30. Minnesota Statutes 2004, section 13.08,
22.16 	subdivision 2, is amended to read:
22.17 		Subd. 2.Injunction.  A political subdivision,
22.18 	responsible authority, statewide system or state agency 
22.19 	government entity which violates or proposes to violate this
22.20 	chapter may be enjoined by the district court.  The court may
22.21 	make any order or judgment as may be necessary to prevent the
22.22 	use or employment by any person of any practices which violate
22.23 	this chapter.

22.24 	Sec. 31. Minnesota Statutes 2004, section 13.08,
22.25 	subdivision 5, is amended to read:
22.26 		Subd. 5.Immunity from liability.  A state agency,
22.27 	statewide system, political subdivision,government entity or
22.28 	person that releases not public data pursuant to an order under
22.29 	section 13.03, subdivision 6 is immune from civil and criminal
22.30 	liability.

22.31 	Sec. 32. Minnesota Statutes 2004, section 13.32, is
22.32 	amended by adding a subdivision to read:
22.33 		Subd. 10.Education records; child with disability.
 22.34 	Nothing in this chapter shall be construed as limiting the
22.35 	frequency of inspection of the educational records of a child
22.36 	with a disability by the child's parent or guardian or by the
23.1 	child upon the child reaching the age of majority.  An agency or
23.2 	institution may not charge a fee to search for or to retrieve
23.3 	the educational records.  An agency or institution that receives
23.4 	a request for copies of the educational records of a child with
23.5 	a disability may charge a fee that reflects the costs of
23.6 	reproducing the records except when to do so would impair the
23.7 	ability of the child's parent or guardian, or the child who has
23.8 	reached the age of majority, to exercise their right to inspect
23.9 	and review those records.

23.10 	Sec. 33. Minnesota Statutes 2004, section 13.37,
23.11 	subdivision 1, is amended to read:
23.12 		Subdivision 1.Definitions.  As used in this section, the
23.13 	following terms have the meanings given them.
23.14 	(a) "Security information" means government data the
23.15 	disclosure of which would be likely to substantially jeopardize
23.16 	the security of information, possessions, individuals or
23.17 	property against theft, tampering, improper use, attempted
23.18 	escape, illegal disclosure, trespass, or physical injury.
23.19 	"Security information" includes crime prevention block maps and
23.20 	lists of volunteers who participate in community crime
23.21 	prevention programs and their home addresses and telephone
23.22 	numbers.
23.23 	(b) "Trade secret information" means government data,
23.24 	including a formula, pattern, compilation, program, device,
23.25 	method, technique or process (1) that was supplied by the
23.26 	affected individual or organization, (2) that is the subject of
23.27 	efforts by the individual or organization that are reasonable
23.28 	under the circumstances to maintain its secrecy, and (3) that
23.29 	derives independent economic value, actual or potential, from
23.30 	not being generally known to, and not being readily
23.31 	ascertainable by proper means by, other persons who can obtain
23.32 	economic value from its disclosure or use.
23.33 	(c) "Labor relations information" means management
23.34 	positions on economic and noneconomic items that have not been
23.35 	presented during the collective bargaining process or interest
23.36 	arbitration, including information specifically collected or
24.1 	created to prepare the management position.
24.2 	(d) "Parking space leasing data" means the following
24.3 	government data on an applicant for, or lessee of, a parking
24.4 	space:  residence address, home telephone number, beginning and
24.5 	ending work hours, place of employment, work telephone number,
24.6 	and location of the parking space.
24.7 	(e) "Internal competitive proposal" means a proposal to
24.8 	provide government services that is prepared by the staff of a
24.9 	political subdivision in competition with proposals solicited by
24.10 	the political subdivision from the private sector.

24.11 	Sec. 34. Minnesota Statutes 2004, section 13.37,
24.12 	subdivision 2, is amended to read:
24.13 		Subd. 2.Classification.  The following government data
24.14 	is classified as nonpublic data with regard to data not on
24.15 	individuals, pursuant to section 13.02, subdivision 9, and as
24.16 	private data with regard to data on individuals, pursuant to
24.17 	section 13.02, subdivision 12:  Security information; trade
24.18 	secret information; sealed absentee ballots prior to opening by
24.19 	an election judge; sealed bids, including the number of bids
24.20 	received, prior to the opening of the bids; internal competitive
24.21 	proposals prior to the time specified by a political subdivision
24.22 	for the receipt of private sector proposals for the services;
24.23 	parking space leasing data; and labor relations information,
24.24 	provided that specific labor relations information which relates
24.25 	to a specific labor organization is classified as protected
24.26 	nonpublic data pursuant to section 13.02, subdivision 13.

24.27 	Sec. 35. Minnesota Statutes 2004, section 13.37,
24.28 	subdivision 3, is amended to read:
24.29 		Subd. 3.Data dissemination. (a) Crime prevention block
24.30 	maps and names, home addresses, and telephone numbers of
24.31 	volunteers who participate in community crime prevention
24.32 	programs may be disseminated to volunteers participating in
24.33 	crime prevention programs.  The location of a National Night Out
24.34 	event is public data.
24.35 	(b) The responsible authority of a government entity in
24.36 	consultation with the appropriate chief law enforcement officer,
25.1 	emergency manager, or public health official, may make security
25.2 	information accessible to any person, entity, or the public if
25.3 	the government entity determines that the access will aid public
25.4 	health, promote public safety, or assist law enforcement.

25.5 	Sec. 36. Minnesota Statutes 2004, section 13.3805, is
25.6 	amended by adding a subdivision to read:
25.7 		Subd. 3.Office of health facility complaints;
25.8 	investigative data. Except for investigative data under section
25.9 	626.556, all investigative data maintained by the Department of
25.10 	Health's Office of Health Facility Complaints are subject to
25.11 	provisions of and classified pursuant to section 626.557,
25.12 	subdivision 12b, paragraphs (b) to (d).  Notwithstanding
25.13 	sections 626.556, subdivision 11, and 626.557, subdivision 12b,
25.14 	paragraph (b), data identifying an individual substantiated as
25.15 	the perpetrator are public data.  For purposes of this
25.16 	subdivision, an individual is substantiated as the perpetrator
25.17 	if the commissioner of health determines that the individual is
25.18 	the perpetrator and the determination of the commissioner is
25.19 	upheld after the individual either exercises applicable
25.20 	administrative appeal rights or fails to exercise these rights
25.21 	within the time allowed by law.

25.22 	Sec. 37. Minnesota Statutes 2004, section 13.43,
25.23 	subdivision 1, is amended to read:
25.24 		Subdivision 1.Definition.  As used in this section,
25.25 	"personnel data" means data on individuals collected because the
25.26 	individual is or was an employee of or an applicant for
25.27 	employment by, performs services on a voluntary basis for, or
25.28 	acts as an independent contractor with a state agency, statewide
25.29 	system or political subdivision or is a member of or an
25.30 	applicant for an advisory board or commission government entity.
25.31 	Personnel data includes data submitted by an employee to a
25.32 	government entity as part of an organized self-evaluation effort
25.33 	by the government entity to request suggestions from all
25.34 	employees on ways to cut costs, make government more efficient,
25.35 	or improve the operation of government.  An employee who is
25.36 	identified in a suggestion shall have access to all data in the
26.1 	suggestion except the identity of the employee making the
26.2 	suggestion.

26.3 	Sec. 38. Minnesota Statutes 2004, section 13.43,
26.4 	subdivision 2, is amended to read:
26.5 		Subd. 2.Public data.  (a) Except for employees described
26.6 	in subdivision 5 and subject to the limitations described in
26.7 	subdivision 5a, the following personnel data on current and
26.8 	former employees, volunteers, and independent contractors of
26.9 	a state agency, statewide system, or political subdivision and
26.10 	members of advisory boards or commissions government entity is
26.11 	public:
26.12 	(1) name; employee identification number, which must not be
26.13 	the employee's Social Security number; actual gross salary;
26.14 	salary range; contract fees; actual gross pension; the value and
26.15 	nature of employer paid fringe benefits; and the basis for and
26.16 	the amount of any added remuneration, including expense
26.17 	reimbursement, in addition to salary;
26.18 	(2) job title and bargaining unit; job description;
26.19 	education and training background; and previous work experience;
26.20 	(3) date of first and last employment;
26.21 	(4) the existence and status of any complaints or charges
26.22 	against the employee, regardless of whether the complaint or
26.23 	charge resulted in a disciplinary action;
26.24 	(5) the final disposition of any disciplinary action
26.25 	together with the specific reasons for the action and data
26.26 	documenting the basis of the action, excluding data that would
26.27 	identify confidential sources who are employees of the public
26.28 	body;
26.29 	(6) the terms of any agreement settling any dispute arising
26.30 	out of an employment relationship, including a buyout agreement
26.31 	as defined in section 123B.143, subdivision 2, paragraph (a);
26.32 	except that the agreement must include specific reasons for the
26.33 	agreement if it involves the payment of more than $10,000 of
26.34 	public money;
26.35 	(7) work location; a work telephone number; badge number;
26.36 	and honors and awards received; and
27.1 	(8) payroll time sheets or other comparable data that are
27.2 	only used to account for employee's work time for payroll
27.3 	purposes, except to the extent that release of time sheet data
27.4 	would reveal the employee's reasons for the use of sick or other
27.5 	medical leave or other not public data.
27.6 	(b) For purposes of this subdivision, a final disposition
27.7 	occurs when the state agency, statewide system, or political
27.8 	subdivision makes its final decision about the disciplinary
27.9 	action, regardless of the possibility of any later proceedings
27.10 	or court proceedings.  In the case of arbitration proceedings
27.11 	arising under collective bargaining agreements, a final
27.12 	disposition occurs at the conclusion of the arbitration
27.13 	proceedings, or upon the failure of the employee to elect
27.14 	arbitration within the time provided by the collective
27.15 	bargaining agreement.  Final disposition includes a resignation
27.16 	by an individual when the resignation occurs after the final
27.17 	decision of the state agency, statewide system, political
27.18 	subdivision, or arbitrator.
27.19 	(c) The state agency, statewide system, or political
27.20 	subdivision may display a photograph of a current or former
27.21 	employee to a prospective witness as part of the state agency's,
27.22 	statewide system's, or political subdivision's investigation of
27.23 	any complaint or charge against the employee.
27.24 	(d) A complainant has access to a statement provided by the
27.25 	complainant to a state agency, statewide system, or political
27.26 	subdivision in connection with a complaint or charge against an
27.27 	employee.
27.28 	(e) Notwithstanding paragraph (a), clause (5), upon
27.29 	completion of an investigation of a complaint or charge against
27.30 	a public official, or if a public official resigns or is
27.31 	terminated from employment while the complaint or charge is
27.32 	pending, all data relating to the complaint or charge are
27.33 	public, unless access to the data would jeopardize an active
27.34 	investigation or reveal confidential sources.  For purposes of
27.35 	this paragraph, "public official" means:
27.36 	(1) the head of a state agency and deputy and assistant
28.1 	state agency heads;
28.2 	(2) members of boards or commissions required by law to be
28.3 	appointed by the governor or other elective officers; and
28.4 	(3) executive or administrative heads of departments,
28.5 	bureaus, divisions, or institutions.

28.6 	Sec. 39. Minnesota Statutes 2004, section 13.43,
28.7 	subdivision 3, is amended to read:
28.8 		Subd. 3.Applicant data.  Except for applicants described
28.9 	in subdivision 5, the following personnel data on current and
28.10 	former applicants for employment by a state agency, statewide
28.11 	system or political subdivision or appointment to an advisory
28.12 	board or commission government entity is public:  veteran
28.13 	status; relevant test scores; rank on eligible list; job
28.14 	history; education and training; and work availability.  Names
28.15 	of applicants shall be private data except when certified as
28.16 	eligible for appointment to a vacancy or when applicants are
28.17 	considered by the appointing authority to be finalists for a
28.18 	position in public employment.  For purposes of this
28.19 	subdivision, "finalist" means an individual who is selected to
28.20 	be interviewed by the appointing authority prior to selection.
28.21 	Names and home addresses of applicants for appointment to and
28.22 	members of an advisory board or commission are public.

28.23 	Sec. 40. Minnesota Statutes 2004, section 13.46,
28.24 	subdivision 4, is amended to read:
28.25 		Subd. 4.Licensing data.  (a) As used in this subdivision:
28.26 	(1) "licensing data" means all data collected, maintained,
28.27 	used, or disseminated by the welfare system pertaining to
28.28 	persons licensed or registered or who apply for licensure or
28.29 	registration or who formerly were licensed or registered under
28.30 	the authority of the commissioner of human services;
28.31 	(2) "client" means a person who is receiving services from
28.32 	a licensee or from an applicant for licensure; and
28.33 	(3) "personal and personal financial data" means Social
28.34 	Security numbers, identity of and letters of reference,
28.35 	insurance information, reports from the Bureau of Criminal
28.36 	Apprehension, health examination reports, and social/home
29.1 	studies.
29.2 	(b)(1) Except as provided in paragraph (c), the following
29.3 	data on current and former licensees are public:  name, address,
29.4 	telephone number of licensees, date of receipt of a completed
29.5 	application, dates of licensure, licensed capacity, type of
29.6 	client preferred, variances granted, record of training and
29.7 	education in child care and child development,type of dwelling,
29.8 	name and relationship of other family members, previous license
29.9 	history, class of license, and the existence and status of
29.10 	complaints, and the number of serious injuries to or deaths of
29.11 	individuals in the licensed program as reported to the
29.12 	commissioner of human services, the local social services
29.13 	agency, or any other county welfare agency.  For purposes of
29.14 	this clause, a serious injury is one that is treated by a
29.15 	physician.  When a correction order or fine has been issued, a
29.16 	license is suspended, immediately suspended, revoked, denied, or
29.17 	made conditional, or a complaint is resolved, the following data
29.18 	on current and former licensees are public:  the substance and
29.19 	investigative findings of the licensing or maltreatment 
29.20 	complaint, licensing violation, or substantiated maltreatment;
29.21 	the record of informal resolution of a licensing violation;
29.22 	orders of hearing; findings of fact; conclusions of law;
29.23 	specifications of the final correction order, fine, suspension,
29.24 	immediate suspension, revocation, denial, or conditional license
29.25 	contained in the record of licensing action; and the status of
29.26 	any appeal of these actions. When an individual licensee is a
29.27 	substantiated perpetrator of maltreatment, and the substantiated
29.28 	maltreatment is a reason for the licensing action, the identity
29.29 	of the licensee as a perpetrator is public data.  For purposes
29.30 	of this clause, a person is a substantiated perpetrator if the
29.31 	maltreatment determination has been upheld under section
29.32 	626.556, subdivision 10i, 626.557, subdivision 9d, or 256.045,
29.33 	or an individual or facility has not timely exercised appeal
29.34 	rights under these sections.
29.35 	(2) Notwithstanding sections 626.556, subdivision 11, and
29.36 	626.557, subdivision 12b, when any person subject to
30.1 	disqualification under section 245C.14 in connection with a
30.2 	license to provide family day care for children, child care
30.3 	center services, foster care for children in the provider's
30.4 	home, or foster care or day care services for adults in the
30.5 	provider's home is a substantiated perpetrator of maltreatment,
30.6 	and the substantiated maltreatment is a reason for a licensing
30.7 	action, the identity of the substantiated perpetrator of
30.8 	maltreatment is public data.  For purposes of this clause, a
30.9 	person is a substantiated perpetrator if the maltreatment
30.10 	determination has been upheld under section 256.045; 626.556,
30.11 	subdivision 10i; 626.557, subdivision 9d; or chapter 14, or if
30.12 	an individual or facility has not timely exercised appeal rights
30.13 	under these sections.
30.14 	(2) (3) For applicants who withdraw their application prior
30.15 	to licensure or denial of a license, the following data are
30.16 	public:  the name of the applicant, the city and county in which
30.17 	the applicant was seeking licensure, the dates of the
30.18 	commissioner's receipt of the initial application and completed
30.19 	application, the type of license sought, and the date of
30.20 	withdrawal of the application.
30.21 	(3) (4) For applicants who are denied a license, the
30.22 	following data are public:  the name of the applicant, the city
30.23 	and county in which the applicant was seeking licensure, the
30.24 	dates of the commissioner's receipt of the initial application
30.25 	and completed application, the type of license sought, the date
30.26 	of denial of the application, the nature of the basis for the
30.27 	denial, and the status of any appeal of the denial.
30.28 	(4) (5) The following data on persons subject to
30.29 	disqualification under section 245C.14 in connection with a
30.30 	license to provide family day care for children, child care
30.31 	center services, foster care for children in the provider's
30.32 	home, or foster care or day care services for adults in the
30.33 	provider's home, are public:  the nature of any disqualification
30.34 	set aside under section 245C.22, subdivisions 2 and 4, and the
30.35 	reasons for setting aside the disqualification; the nature of
30.36 	any disqualification for which a variance was granted under
31.1 	sections 245A.04, subdivision 9; and 245C.30,and the reasons
31.2 	for granting any variance under section 245A.04, subdivision 9;
31.3 	and, if applicable, the disclosure that any person subject to a
31.4 	background study under section 245C.03, subdivision 1, has
31.5 	successfully passed a background study.
31.6 	(5) (6) When maltreatment is substantiated under section
31.7 	626.556 or 626.557 and the victim and the substantiated
31.8 	perpetrator are affiliated with a program licensed under chapter
31.9 	245A, the commissioner of human services, local social services
31.10 	agency, or county welfare agency may inform the license holder
31.11 	where the maltreatment occurred of the identity of the
31.12 	substantiated perpetrator and the victim.
31.13 	(c) The following are private data on individuals under
31.14 	section 13.02, subdivision 12, or nonpublic data under section
31.15 	13.02, subdivision 9:  personal and personal financial data on
31.16 	family day care program and family foster care program
31.17 	applicants and licensees and their family members who provide
31.18 	services under the license.
31.19 	(d) The following are private data on individuals:  the
31.20 	identity of persons who have made reports concerning licensees
31.21 	or applicants that appear in inactive investigative data, and
31.22 	the records of clients or employees of the licensee or applicant
31.23 	for licensure whose records are received by the licensing agency
31.24 	for purposes of review or in anticipation of a contested
31.25 	matter.  The names of reporters under sections 626.556 and
31.26 	626.557 may be disclosed only as provided in section 626.556,
31.27 	subdivision 11, or 626.557, subdivision 12b.
31.28 	(e) Data classified as private, confidential, nonpublic, or
31.29 	protected nonpublic under this subdivision become public data if
31.30 	submitted to a court or administrative law judge as part of a
31.31 	disciplinary proceeding in which there is a public hearing
31.32 	concerning a license which has been suspended, immediately
31.33 	suspended, revoked, or denied.
31.34 	(f) Data generated in the course of licensing
31.35 	investigations that relate to an alleged violation of law are
31.36 	investigative data under subdivision 3.
32.1 	(g) Data that are not public data collected, maintained,
32.2 	used, or disseminated under this subdivision that relate to or
32.3 	are derived from a report as defined in section 626.556,
32.4 	subdivision 2, or 626.5572, subdivision 18, are subject to the
32.5 	destruction provisions of sections 626.556, subdivision 11c, and
32.6 	626.557, subdivision 12b.
32.7 	(h) Upon request, not public data collected, maintained,
32.8 	used, or disseminated under this subdivision that relate to or
32.9 	are derived from a report of substantiated maltreatment as
32.10 	defined in section 626.556 or 626.557 may be exchanged with the
32.11 	Department of Health for purposes of completing background
32.12 	studies pursuant to section 144.057 and with the Department of
32.13 	Corrections for purposes of completing background studies
32.14 	pursuant to section 241.021.
32.15 	(i) Data on individuals collected according to licensing
32.16 	activities under chapters 245A and 245C, and data on individuals
32.17 	collected by the commissioner of human services according to
32.18 	maltreatment investigations under sections 626.556 and 626.557,
32.19 	may be shared with the Department of Human Rights, the
32.20 	Department of Health, the Department of Corrections, the
32.21 	Ombudsman for Mental Health and Retardation, and the
32.22 	individual's professional regulatory board when there is reason
32.23 	to believe that laws or standards under the jurisdiction of
32.24 	those agencies may have been violated.
32.25 	(j) In addition to the notice of determinations required
32.26 	under section 626.556, subdivision 10f, if the commissioner or
32.27 	the local social services agency has determined that an
32.28 	individual is a substantiated perpetrator of maltreatment of a
32.29 	child based on sexual abuse, as defined in section 626.556,
32.30 	subdivision 2, and the commissioner or local social services
32.31 	agency knows that the individual is a person responsible for a
32.32 	child's care in another facility, the commissioner or local
32.33 	social services agency shall notify the head of that facility of
32.34 	this determination.  The notification must include an
32.35 	explanation of the individual's available appeal rights and the
32.36 	status of any appeal.  If a notice is given under this
33.1 	paragraph, the government entity making the notification shall
33.2 	provide a copy of the notice to the individual who is the
33.3 	subject of the notice.

33.4 	Sec. 41. Minnesota Statutes 2004, section 13.591, is
33.5 	amended by adding a subdivision to read:
33.6 		Subd. 4.Classification of evaluative data; data
33.7 	sharing. (a) Data created or maintained by a government entity
33.8 	as part of the selection or evaluation process referred to in
33.9 	this section are protected nonpublic data until completion of
33.10 	the selection process or completion of the evaluation process at
33.11 	which time the data are public with the exception of trade
33.12 	secret data as defined and classified in section 13.37.
33.13 	(b) If a state agency asks employees of other state
33.14 	agencies to assist with the selection of the responses to a
33.15 	request for bid or the evaluation of responses to a request for
33.16 	proposal, the state agency may share not public data in the
33.17 	responses with those employees.  The employees participating in
33.18 	the selection or evaluation may not further disseminate the not
33.19 	public data they review.

33.20 	Sec. 42. Minnesota Statutes 2004, section 13.591, is
33.21 	amended by adding a subdivision to read:
33.22 		Subd. 5.Internal competitive response. (a) For purposes
33.23 	of this subdivision, "internal competitive response" means a bid
33.24 	or proposal to provide government goods or services that is
33.25 	prepared by the staff of a government entity in competition with
33.26 	bids or proposals solicited by (1) the same government entity
33.27 	from the private sector or (2) a different government entity
33.28 	from the private sector.
33.29 	(b) Data in an internal competitive response is classified
33.30 	as private or nonpublic until completion of the selection
33.31 	process or completion of the evaluation process at which time
33.32 	the data are public with the exception of trade secret data as
33.33 	defined and classified in section 13.37.

33.34 	Sec. 43. Minnesota Statutes 2004, section 13.601, is
33.35 	amended by adding a subdivision to read:
33.36 		Subd. 3.Applicants for election or appointment. The
34.1 	following data on all applicants for election or appointment to
34.2 	a public body, including those subject to chapter 13D, are
34.3 	public:  name, city of residence, education and training,
34.4 	employment history, volunteer work, awards and honors, and prior
34.5 	government service or experience.

34.6 	Sec. 44. Minnesota Statutes 2004, section 13.635, is
34.7 	amended by adding a subdivision to read:
34.8 		Subd. 1a.State board of investment. Certain government
34.9 	data of the State Board of Investment related to investments are
34.10 	classified under section 11A.24, subdivision 6.
34.11 	
EFFECTIVE DATE. This section is effective the day
34.12 	following final enactment.

34.13 	Sec. 45. Minnesota Statutes 2004, section 13.643, is
34.14 	amended by adding a subdivision to read:
34.15 		Subd. 6.Animal premise data. (a) The following data
34.16 	collected and maintained by the Board of Animal Health related
34.17 	to registration and identification of premises and animals under
34.18 	chapter 35, are classified as private or nonpublic:
34.19 	(1) the names and addresses;
34.20 	(2) the location of the premises where animals are kept;
34.21 	and 
34.22 	(3) the identification number of the premises or the animal.
34.23 	(b) The Board of Animal Health may disclose data collected
34.24 	under paragraph (a) to any person, agency, or to the public if
34.25 	the board determines that the access will aid in the law
34.26 	enforcement process or the protection of public or animal health
34.27 	or safety.

34.28 	Sec. 46. Minnesota Statutes 2004, section 13.72, is
34.29 	amended by adding a subdivision to read:
34.30 		Subd. 11.Design-build transportation project. When the
34.31 	Department of Transportation undertakes a design-build
34.32 	transportation project as defined in section 161.3410,
34.33 	subdivision 6, the statement of qualification evaluation
34.34 	criteria and scoring methodology, statement of qualification
34.35 	evaluations, technical proposal evaluation criteria and scoring
34.36 	methodology, and technical proposal evaluations are classified
35.1 	as protected nonpublic data with regard to data not on
35.2 	individuals and as confidential data on individuals.  The
35.3 	statement of qualification evaluation criteria and scoring
35.4 	methodology and statement of qualification evaluations are
35.5 	public when the Department of Transportation announces the short
35.6 	list of qualified contractors.  The technical proposal
35.7 	evaluation criteria, scoring methodology, and technical proposal
35.8 	evaluations are public when the project is awarded.
35.9 	
EFFECTIVE DATE. This section is effective the day
35.10 	following final enactment.

35.11 	Sec. 47. Minnesota Statutes 2004, section 13.72, is
35.12 	amended by adding a subdivision to read:
35.13 		Subd. 13.Transportation department data. When the
35.14 	commissioner of transportation determines that the design-build
35.15 	best value method of project delivery is appropriate for a
35.16 	project under sections 161.3410 to 161.3428, relocation reports,
35.17 	planimetric files, digital terrain models, preliminary design
35.18 	drawings, commissioner's orders, requests for proposals, and
35.19 	requests for qualifications are classified as protected
35.20 	nonpublic data with regard to data not on individuals and
35.21 	confidential data on individuals until the department publishes
35.22 	the data as part of the request for proposal process.  The
35.23 	commissioner may release design-build data to land owners,
35.24 	counties, cities, and other parties under contract to a
35.25 	government entity as necessary to facilitate project
35.26 	development.  The released data retain their classification as
35.27 	protected nonpublic data with regard to data not on individuals
35.28 	and confidential data on individuals as provided by section
35.29 	13.03, subdivision 4, paragraph (c), until the department
35.30 	publishes the data as part of the request for proposal process.
35.31 	
EFFECTIVE DATE. This section is effective the day
35.32 	following final enactment.

35.33 	Sec. 48. Minnesota Statutes 2004, section 13.72, is
35.34 	amended by adding a subdivision to read:
35.35 		Subd. 14.Account data. The following data pertaining to
35.36 	applicants for or users of toll facilities, and high-occupancy
36.1 	vehicle lanes for which a user fee is charged under section
36.2 	169.03, are classified as nonpublic data with regard to data not
36.3 	on individuals and as private data with regard to data on
36.4 	individuals:  data contained in applications for the purchase,
36.5 	lease, or rental of a device such as an electronic vehicle
36.6 	transponder which automatically assesses charges for a vehicle's
36.7 	use of toll roads; personal and vehicle identification data;
36.8 	financial and credit data; and toll road usage data.  Nothing in
36.9 	this subdivision prohibits the production of summary data as
36.10 	defined in section 13.02, subdivision 19.
36.11 	
EFFECTIVE DATE. This section is effective the day
36.12 	following final enactment.

36.13 	Sec. 49. Minnesota Statutes 2004, section 13.82,
36.14 	subdivision 1, is amended to read:
36.15 		Subdivision 1.Application.  This section shall apply to
36.16 	agencies which carry on a law enforcement function, including
36.17 	but not limited to municipal police departments, county sheriff
36.18 	departments, fire departments, the Bureau of Criminal
36.19 	Apprehension, the Minnesota State Patrol, the Board of Peace
36.20 	Officer Standards and Training, the Division of Insurance Fraud
36.21 	Prevention in the Department of Commerce, and the program
36.22 	integrity section of, and county human service agency client and
36.23 	provider fraud prevention and control units operated or
36.24 	supervised by the Department of Human Services.
36.25 	
EFFECTIVE DATE. This section is effective the day
36.26 	following final enactment.

36.27 	Sec. 50. Minnesota Statutes 2004, section 13.82,
36.28 	subdivision 16, is amended to read:
36.29 		Subd. 16.Public access.  When data is classified as
36.30 	public under this section, a law enforcement agency shall not be
36.31 	required to make the actual physical data available to the
36.32 	public if it is not administratively feasible to segregate the
36.33 	public data from the confidential not public.  However, the
36.34 	agency must make the information described as public data
36.35 	available to the public in a reasonable manner.  When
36.36 	investigative data becomes inactive, as described in subdivision
37.1 	7, the actual physical data associated with that investigation,
37.2 	including the public data, shall be available for public access.
37.3 	
EFFECTIVE DATE. This section is effective the day
37.4 	following final enactment.

37.5 	Sec. 51. Minnesota Statutes 2004, section 16C.06,
37.6 	subdivision 5, is amended to read:
37.7 		Subd. 5.State as responder.  The head of an agency, in
37.8 	consultation with the requesting agency and the commissioner,
37.9 	may respond to a solicitation or request if the goods and
37.10 	services meet the needs of the requesting agency and provide the
37.11 	state with the best value.  When an agency responds to a
37.12 	solicitation, all work product relating to the response is
37.13 	nonpublic data as defined in section 13.02, and shall become
37.14 	public information in accordance with subdivision 3 classified
37.15 	by section 13.591, subdivision 4.

37.16 	Sec. 52. [41A.0235] BOARD MEETINGS BY TELEPHONE OR OTHER
37.17 	ELECTRONIC MEANS.
37.18 	(a) If compliance with section 13D.02 is impractical, the
37.19 	Minnesota Agricultural and Economic Development Board may
37.20 	conduct a meeting of its members by telephone or other
37.21 	electronic means so long as the following conditions are met:
37.22 	(1) all members of the board participating in the meeting,
37.23 	wherever their physical location, can hear one another and can
37.24 	hear all discussion and testimony;
37.25 	(2) members of the public present at the regular meeting
37.26 	location of the board can hear clearly all discussion and
37.27 	testimony and all votes of members of the board and, if needed,
37.28 	receive those services required by sections 15.44 and 15.441;
37.29 	(3) at least one member of the board is physically present
37.30 	at the regular meeting location; and 
37.31 	(4) all votes are conducted by roll call, so each member's
37.32 	vote on each issue can be identified and recorded.
37.33 	(b) Each member of the board participating in a meeting by
37.34 	telephone or other electronic means is considered present at the
37.35 	meeting for purposes of determining a quorum and participating
37.36 	in all proceedings.
38.1 	(c) If telephone or other electronic means is used to
38.2 	conduct a meeting, the board, to the extent practical, shall
38.3 	allow a person to monitor the meeting electronically from a
38.4 	remote location.  The board may require the person making such a
38.5 	connection to pay for documented marginal costs that the board
38.6 	incurs as a result of the additional connection.
38.7 	(d) If telephone or other electronic means is used to
38.8 	conduct a regular, special, or emergency meeting, the board
38.9 	shall provide notice of the regular meeting location, of the
38.10 	fact that some members may participate by telephone or other
38.11 	electronic means, and of the provisions of paragraph (c).  The
38.12 	timing and method of providing notice is governed by section
38.13 	13D.04.

38.14 	Sec. 53. Minnesota Statutes 2004, section 116J.68, is
38.15 	amended by adding a subdivision to read:
38.16 		Subd. 5.Advisory board meetings. (a) If compliance with
38.17 	section 13D.02 is impractical, the Small Business Development
38.18 	Center Advisory Board, created pursuant to United State Code,
38.19 	title 15, section 648, may conduct a meeting of its members by
38.20 	telephone or other electronic means so long as the following
38.21 	conditions are met:
38.22 	(1) all members of the board participating in the meeting,
38.23 	wherever their physical location, can hear one another and can
38.24 	hear all discussion and testimony;
38.25 	(2) members of the public present at the regular meeting
38.26 	location of the board can hear clearly all discussion and
38.27 	testimony and all votes of members of the board and, if needed,
38.28 	receive those services required by sections 15.44 and 15.441;
38.29 	(3) at least one member of the board is physically present
38.30 	at the regular meeting location; and 
38.31 	(4) all votes are conducted by roll call, so each member's
38.32 	vote on each issue can be identified and recorded.
38.33 	(b) Each member of the board participating in a meeting by
38.34 	telephone or other electronic means is considered present at the
38.35 	meeting for purposes of determining a quorum and participating
38.36 	in all proceedings.
39.1 	(c) If telephone or other electronic means is used to
39.2 	conduct a meeting, the board, to the extent practical, shall
39.3 	allow a person to monitor the meeting electronically from a
39.4 	remote location.  The board may require the person making such a
39.5 	connection to pay for documented marginal costs that the board
39.6 	incurs as a result of the additional connection.
39.7 	(d) If telephone or other electronic means is used to
39.8 	conduct a regular, special, or emergency meeting, the board
39.9 	shall provide notice of the regular meeting location, of the
39.10 	fact that some members may participate by telephone or other
39.11 	electronic means, and of the provisions of paragraph (c).  The
39.12 	timing and method of providing notice is governed by section
39.13 	13D.04.

39.14 	Sec. 54. Minnesota Statutes 2004, section 116L.03, is
39.15 	amended by adding a subdivision to read:
39.16 		Subd. 8.Board meetings. (a) If compliance with section
39.17 	13D.02 is impractical, the Minnesota Job Skills Partnership
39.18 	Board may conduct a meeting of its members by telephone or other
39.19 	electronic means so long as the following conditions are met:
39.20 	(1) all members of the board participating in the meeting,
39.21 	wherever their physical location, can hear one another and can
39.22 	hear all discussion and testimony;
39.23 	(2) members of the public present at the regular meeting
39.24 	location of the board can hear clearly all discussion and
39.25 	testimony and all votes of members of the board and, if needed,
39.26 	receive those services required by sections 15.44 and 15.441;
39.27 	(3) at least one member of the board is physically present
39.28 	at the regular meeting location; and 
39.29 	(4) all votes are conducted by roll call, so each member's
39.30 	vote on each issue can be identified and recorded.
39.31 	(b) Each member of the board participating in a meeting by
39.32 	telephone or other electronic means is considered present at the
39.33 	meeting for purposes of determining a quorum and participating
39.34 	in all proceedings.
39.35 	(c) If telephone or other electronic means is used to
39.36 	conduct a meeting, the board, to the extent practical, shall
40.1 	allow a person to monitor the meeting electronically from a
40.2 	remote location.  The board may require the person making such a
40.3 	connection to pay for documented marginal costs that the board
40.4 	incurs as a result of the additional connection.
40.5 	(d) If telephone or other electronic means is used to
40.6 	conduct a regular, special, or emergency meeting, the board
40.7 	shall provide notice of the regular meeting location, of the
40.8 	fact that some members may participate by telephone or other
40.9 	electronic means, and of the provisions of paragraph (c).  The
40.10 	timing and method of providing notice is governed by section
40.11 	13D.04.

40.12 	Sec. 55. Minnesota Statutes 2004, section 116L.665, is
40.13 	amended by adding a subdivision to read:
40.14 		Subd. 2a.Council meetings. (a) If compliance with
40.15 	section 13D.02 is impractical, the Governor's Workforce
40.16 	Development Council may conduct a meeting of its members by
40.17 	telephone or other electronic means so long as the following
40.18 	conditions are met:
40.19 	(1) all members of the council participating in the
40.20 	meeting, wherever their physical location, can hear one another
40.21 	and can hear all discussion and testimony;
40.22 	(2) members of the public present at the regular meeting
40.23 	location of the council can hear clearly all discussion and
40.24 	testimony and all votes of members of the council and, if
40.25 	needed, receive those services required by sections 15.44 and
40.26 	15.441;
40.27 	(3) at least one member of the council is physically
40.28 	present at the regular meeting location; and 
40.29 	(4) all votes are conducted by roll call, so each member's
40.30 	vote on each issue can be identified and recorded.
40.31 	(b) Each member of the council participating in a meeting
40.32 	by telephone or other electronic means is considered present at
40.33 	the meeting for purposes of determining a quorum and
40.34 	participating in all proceedings.
40.35 	(c) If telephone or other electronic means is used to
40.36 	conduct a meeting, the council, to the extent practical, shall
41.1 	allow a person to monitor the meeting electronically from a
41.2 	remote location.  The council may require the person making such
41.3 	a connection to pay for documented marginal costs that the
41.4 	council incurs as a result of the additional connection.
41.5 	(d) If telephone or other electronic means is used to
41.6 	conduct a regular, special, or emergency meeting, the council
41.7 	shall provide notice of the regular meeting location, of the
41.8 	fact that some members may participate by telephone or other
41.9 	electronic means, and of the provisions of paragraph (c).  The
41.10 	timing and method of providing notice is governed by section
41.11 	13D.04.

41.12 	Sec. 56. Minnesota Statutes 2004, section 116M.15, is
41.13 	amended by adding a subdivision to read:
41.14 		Subd. 5.Board meeting. (a) If compliance with section
41.15 	13D.02 is impractical, the Urban Initiative Board may conduct a
41.16 	meeting of its members by telephone or other electronic means so
41.17 	long as the following conditions are met:
41.18 	(1) all members of the board participating in the meeting,
41.19 	wherever their physical location, can hear one another and can
41.20 	hear all discussion and testimony;
41.21 	(2) members of the public present at the regular meeting
41.22 	location of the board can hear clearly all discussion and
41.23 	testimony and all votes of members of the board and, if needed,
41.24 	receive those services required by sections 15.44 and 15.441;
41.25 	(3) at least one member of the board is physically present
41.26 	at the regular meeting location; and 
41.27 	(4) all votes are conducted by roll call, so each member's
41.28 	vote on each issue can be identified and recorded.
41.29 	(b) Each member of the board participating in a meeting by
41.30 	telephone or other electronic means is considered present at the
41.31 	meeting for purposes of determining a quorum and participating
41.32 	in all proceedings.
41.33 	(c) If telephone or other electronic means is used to
41.34 	conduct a meeting, the board, to the extent practical, shall
41.35 	allow a person to monitor the meeting electronically from a
41.36 	remote location.  The board may require the person making such a
42.1 	connection to pay for documented marginal costs that the board
42.2 	incurs as a result of the additional connection.
42.3 	(d) If telephone or other electronic means is used to
42.4 	conduct a regular, special, or emergency meeting, the board
42.5 	shall provide notice of the regular meeting location, of the
42.6 	fact that some members may participate by telephone or other
42.7 	electronic means, and of the provisions of paragraph (c).  The
42.8 	timing and method of providing notice is governed by section
42.9 	13D.04.

42.10 	Sec. 57. Minnesota Statutes 2004, section 116U.25, is
42.11 	amended to read:
42.12 	116U.25 EXPLORE MINNESOTA TOURISM COUNCIL.
42.13 	(a) The director shall be advised by the Explore Minnesota
42.14 	Tourism Council consisting of up to 28 voting members appointed
42.15 	by the governor for four-year terms, including:
42.16 	(1) the director of Explore Minnesota Tourism who serves as
42.17 	the chair;
42.18 	(2) eleven representatives of statewide associations
42.19 	representing bed and breakfast establishments, golf, festivals
42.20 	and events, counties, convention and visitor bureaus, lodging,
42.21 	resorts, trails, campgrounds, restaurants, and chambers of
42.22 	commerce;
42.23 	(3) one representative from each of the four tourism
42.24 	marketing regions of the state as designated by the office;
42.25 	(4) six representatives of the tourism business
42.26 	representing transportation, retail, travel agencies, tour
42.27 	operators, travel media, and convention facilities;
42.28 	(5) one or more ex-officio nonvoting members including at
42.29 	least one from the University of Minnesota Tourism Center;
42.30 	(6) four legislators, two from each house, one each from
42.31 	the two largest political party caucuses in each house,
42.32 	appointed according to the rules of the respective houses; and
42.33 	(7) other persons, if any, as designated from time to time
42.34 	by the governor.
42.35 	(b) The council shall act to serve the broader interests of
42.36 	tourism in Minnesota by promoting activities that support,
43.1 	maintain, and expand the state's domestic and international
43.2 	travel market, thereby generating increased visitor
43.3 	expenditures, tax revenue, and employment.
43.4 	(c) Filling of membership vacancies is as provided in
43.5 	section 15.059.  The terms of one-half of the members shall be
43.6 	coterminous with the governor and the terms of the remaining
43.7 	one-half of the members shall end on the first Monday in January
43.8 	one year after the terms of the other members.  Members may
43.9 	serve until their successors are appointed and qualify.  Members
43.10 	are not compensated.  A member may be reappointed.
43.11 	(d) The council shall meet at least four times per year and
43.12 	at other times determined by the council.  Notwithstanding
43.13 	section 15.059, the council does not expire.
43.14 	(e) If compliance with section 13D.02 is impractical, the
43.15 	Explore Minnesota Tourism Council may conduct a meeting of its
43.16 	members by telephone or other electronic means so long as the
43.17 	following conditions are met:
43.18 	(1) all members of the council participating in the
43.19 	meeting, wherever their physical location, can hear one another
43.20 	and can hear all discussion and testimony;
43.21 	(2) members of the public present at the regular meeting
43.22 	location of the council can hear clearly all discussion and
43.23 	testimony and all votes of members of the council and, if
43.24 	needed, receive those services required by sections 15.44 and
43.25 	15.441;
43.26 	(3) at least one member of the council is physically
43.27 	present at the regular meeting location; and 
43.28 	(4) all votes are conducted by roll call, so each member's
43.29 	vote on each issue can be identified and recorded.
43.30 	(f) Each member of the council participating in a meeting
43.31 	by telephone or other electronic means is considered present at
43.32 	the meeting for purposes of determining a quorum and
43.33 	participating in all proceedings.
43.34 	(g) If telephone or other electronic means is used to
43.35 	conduct a meeting, the council, to the extent practical, shall
43.36 	allow a person to monitor the meeting electronically from a
44.1 	remote location.  The council may require the person making such
44.2 	a connection to pay for documented marginal costs that the
44.3 	council incurs as a result of the additional connection.
44.4 	(h) If telephone or other electronic means is used to
44.5 	conduct a regular, special, or emergency meeting, the council
44.6 	shall provide notice of the regular meeting location, of the
44.7 	fact that some members may participate by telephone or other
44.8 	electronic means, and of the provisions of paragraph (g).  The
44.9 	timing and method of providing notice is governed by section
44.10 	13D.04.

44.11 	Sec. 58. Minnesota Statutes 2004, section 168.346, is
44.12 	amended to read:
44.13 	168.346 PRIVACY OF NAME OR RESIDENCE ADDRESS PERSONAL
44.14 	INFORMATION.
44.15 	(a) The registered owner of a motor vehicle may request in
44.16 	writing that the owner's residence address or name and residence
44.17 	address be classified as private data on individuals, as defined
44.18 	in section 13.02, subdivision 12.  The commissioner shall grant
44.19 	the classification upon receipt of a signed statement by the
44.20 	owner that the classification is required for the safety of the
44.21 	owner or the owner's family, if the statement also provides a
44.22 	valid, existing address where the owner consents to receive
44.23 	service of process.  The commissioner shall use the mailing
44.24 	address in place of the residence address in all documents and
44.25 	notices pertaining to the motor vehicle.  The residence address
44.26 	or name and residence address and any information provided in
44.27 	the classification request, other than the mailing address, are
44.28 	private data on individuals and may be provided to requesting
44.29 	law enforcement agencies, probation and parole agencies, and
44.30 	public authorities, as defined in section 518.54, subdivision
44.31 	9.Subdivision 1.[VEHICLE REGISTRATION DATA; FEDERAL
44.32 	COMPLIANCE.] (a) Data on an individual provided to register a
44.33 	vehicle shall be treated as provided by United States Code,
44.34 	title 18, section 2721, as in effect on May 23, 2005, and shall
44.35 	be disclosed as required or permitted by that section.
44.36 	(b) An individual The registered owner of a motor vehicle
45.1 	must be informed in a clear and conspicuous manner on the forms
45.2 	for issuance or renewal of titles and registrations, that the
45.3 	owner's personal information who is an individual may be
45.4 	disclosed consent in writing to the commissioner to disclose the
45.5 	individual's personal information exempted by United States
45.6 	Code, title 18, section 2721,to any person who makes a written 
45.7 	request for the personal information, and that, except for uses
45.8 	permitted by United States Code, title 18, section 2721,
45.9 	subsection (b),.  If the registered owner may prohibit
45.10 	disclosure of the personal information by so indicating on the
45.11 	form is an individual and so authorizes disclosure, the
45.12 	commissioner shall implement the request. For purposes of this
45.13 	paragraph, access by requesters making requests described in
45.14 	section 168.345, subdivision 4, is deemed to be related to
45.15 	public safety.
45.16 	(c) At the time of registration or renewal,If authorized
45.17 	by the individual registered owner of a motor vehicle must also
45.18 	be informed in a clear and conspicuous manner on forms that as
45.19 	indicated in paragraph (b),the registered owner's personal
45.20 	information may be used, rented, or sold solely for bulk
45.21 	distribution by organizations for business purposes including
45.22 	surveys, marketing, and or solicitation. The commissioner shall
45.23 	implement methods and procedures that enable the registered
45.24 	owner to request that bulk surveys, marketing, or solicitation
45.25 	not be directed to the owner.  If the registered owner so
45.26 	requests, the commissioner shall implement the request in a
45.27 	timely manner and the personal information may not be so used.
45.28 	(d) Subd. 2.[PERSONAL INFORMATION DISCLOSURE FOR PUBLIC
45.29 	SAFETY.] The commissioner shall disclose personal information
45.30 	when the use is related to the operation or use of a motor 
45.31 	vehicle or to public safety.  The use of personal information is
45.32 	related to public safety if it concerns the physical safety or
45.33 	security of drivers, vehicles, pedestrians, or property.  The
45.34 	commissioner may refuse to disclose data under this paragraph 
45.35 	subdivision when the commissioner concludes that the requester
45.36 	is likely to use the data for illegal, improper, or
46.1 	noninvestigative purposes.
46.2 	(e) To the extent permitted by United States Code, title
46.3 	18, section 2721, data on individuals provided to register a
46.4 	motor vehicle is public data on individuals and shall be
46.5 	disclosed as permitted by United States Code, title 18, section
46.6 	2721, subsection (b).Subd. 3.[PRIVACY CLASSIFICATION FOR
46.7 	PERSONAL SAFETY.] The registered owner of a vehicle who is an
46.8 	individual may request, in writing, that the registered owner's
46.9 	residence address or name and residence address be classified as
46.10 	"private data on individuals," as defined in section 13.02,
46.11 	subdivision 12.  The commissioner shall grant the classification
46.12 	on receipt of a signed statement by the registered owner that
46.13 	the classification is required for the safety of the registered
46.14 	owner or the registered owner's family, if the statement also
46.15 	provides a valid, existing address where the registered owner
46.16 	consents to receive service of process.  The commissioner shall
46.17 	use the service of process mailing address in place of the
46.18 	registered owner's residence address in all documents and
46.19 	notices pertaining to the vehicle.  The residence address or
46.20 	name and residence address and any information provided in the
46.21 	classification request, other than the individual's service for
46.22 	process mailing address, are private data on individuals but may
46.23 	be provided to requesting law enforcement agencies, probation
46.24 	and parole agencies, and public authorities, as defined in
46.25 	section 518.54, subdivision 9.

46.26 	Sec. 59. Minnesota Statutes 2004, section 168A.04, is
46.27 	amended by adding a subdivision to read:
46.28 		Subd. 2a.Alternate mailing address. If the United
46.29 	States Postal Service will not deliver mail to the residence
46.30 	address of a registered owner who is an individual as listed on
46.31 	the title application, then the registered owner must provide
46.32 	verification from the United States Postal Service that mail
46.33 	will not be delivered to the registered owner's residence
46.34 	address and that mail will be delivered to a specified alternate
46.35 	mailing address.  When an applicant provides an alternate
46.36 	mailing address under this subdivision, the commissioner shall
47.1 	use the alternate mailing address in lieu of the residence
47.2 	address for all notices and mailings to the registered owner.

47.3 	Sec. 60. Minnesota Statutes 2004, section 169.09,
47.4 	subdivision 1, is amended to read:
47.5 		Subdivision 1.Driver to stop for accident with
47.6 	person individual.  The driver of any motor vehicle involved in
47.7 	an accident resulting in immediately demonstrable bodily injury
47.8 	to or death of any person individual shall immediately stop the
47.9 	vehicle at the scene of the accident, or as close to the scene
47.10 	as possible,but shall then return to and in every event,shall
47.11 	remain at,the scene of the accident,until the driver has
47.12 	fulfilled the requirements of this chapter section as to the
47.13 	giving of information.  The stop shall must be made without
47.14 	unnecessarily obstructing traffic.

47.15 	Sec. 61. Minnesota Statutes 2004, section 169.09,
47.16 	subdivision 2, is amended to read:
47.17 		Subd. 2.Driver to stop for accident to property.  The
47.18 	driver of any motor vehicle involved in an accident to a vehicle
47.19 	which is driven or attended by any person individual shall
47.20 	immediately stop such the motor vehicle at the scene of such the 
47.21 	accident, or as close thereto to the accident as possible,but
47.22 	shall forthwith return to,and in every event shall remain at,
47.23 	the scene of the accident,until the driver has fulfilled the
47.24 	requirements of this chapter section as to the giving of
47.25 	information. Every such The stop shall must be made without
47.26 	unnecessarily obstructing traffic more than is necessary.

47.27 	Sec. 62. Minnesota Statutes 2004, section 169.09,
47.28 	subdivision 3, is amended to read:
47.29 		Subd. 3.Driver to give information.  (a) The driver of
47.30 	any motor vehicle involved in an accident resulting in bodily
47.31 	injury to or death of any person individual, or damage to any
47.32 	vehicle which is driven or attended by any person individual,
47.33 	shall stop and give the driver's name, address, and date of
47.34 	birth and the registration plate number of the vehicle being
47.35 	driven, and .  The driver shall, upon request and if available,
47.36 	exhibit the driver's license or permit to drive to the person 
48.1 	individual struck or the driver or occupant of or person 
48.2 	individual attending any vehicle collided with.  The driver also
48.3 	shall give the information and upon request exhibit the license
48.4 	or permit to any police peace officer at the scene of the
48.5 	accident or who is investigating the accident.  The driver shall
48.6 	render reasonable assistance to any person individual injured in
48.7 	the accident.
48.8 	(b) If not given at the scene of the accident, the driver,
48.9 	within 72 hours thereafter after the accident, shall give upon ,
48.10 	on request to any person individual involved in the accident or
48.11 	to a peace officer investigating the accident,the name and
48.12 	address of the insurer providing automobile vehicle liability
48.13 	insurance coverage, and the local insurance agent for the
48.14 	insurer.

48.15 	Sec. 63. Minnesota Statutes 2004, section 169.09,
48.16 	subdivision 4, is amended to read:
48.17 		Subd. 4.Collision with unattended vehicle.  The driver
48.18 	of any motor vehicle which that collides with and damages any
48.19 	vehicle which that is unattended shall immediately stop and
48.20 	either locate and notify the driver or owner of the vehicle of
48.21 	the name and address of the driver and registered owner of the
48.22 	vehicle striking the unattended vehicle, shall report the this 
48.23 	same information to a police peace officer, or shall leave in a
48.24 	conspicuous place in or secured to the vehicle struck,a written
48.25 	notice giving the name and address of the driver and of
48.26 	the registered owner of the vehicle doing the striking.

48.27 	Sec. 64. Minnesota Statutes 2004, section 169.09,
48.28 	subdivision 5, is amended to read:
48.29 		Subd. 5.Notify owner of damaged property.  The driver of
48.30 	any vehicle involved in an accident resulting only in damage to
48.31 	fixtures legally upon or adjacent to a highway shall take
48.32 	reasonable steps to locate and notify the owner or person in
48.33 	charge of such the property of such that fact and ,of the
48.34 	driver's name and address,and of the registration plate number
48.35 	of the vehicle being driven and shall, upon request and if
48.36 	available, exhibit the driver's or chauffeur's license, and make
49.1 	report of such the accident in every case.  The report shall 
49.2 	must be made in the same manner as a report made pursuant to
49.3 	subdivision 7.

49.4 	Sec. 65. Minnesota Statutes 2004, section 169.09,
49.5 	subdivision 6, is amended to read:
49.6 		Subd. 6.notify police notice of personal injury.  The
49.7 	driver of a vehicle involved in an accident resulting in bodily
49.8 	injury to or death of any person individual shall, after
49.9 	compliance with the provisions of this section,and by the
49.10 	quickest means of communication, give notice of the accident to
49.11 	the local police department,if the accident occurs within a
49.12 	municipality, or to a State Patrol officer if the accident
49.13 	occurs on a trunk highway, or to the office of the sheriff of
49.14 	the county.

49.15 	Sec. 66. Minnesota Statutes 2004, section 169.09,
49.16 	subdivision 7, is amended to read:
49.17 		Subd. 7.Accident report to commissioner. (a) The driver
49.18 	of a vehicle involved in an accident resulting in bodily injury
49.19 	to or death of any person individual or total property damage to
49.20 	an apparent extent of $1,000 or more, shall forward a written
49.21 	report of the accident to the commissioner of public safety
49.22 	within ten days thereof of the accident.  On the required
49.23 	report, the driver shall provide the commissioner with the name
49.24 	and policy number of the insurer providing vehicle
49.25 	liability insurance coverage at the time of the accident.
49.26 	(b) On determining that the original report of any driver
49.27 	of a vehicle involved in an accident of which report must be
49.28 	made as provided in this section is insufficient, the
49.29 	commissioner of public safety may require the driver to file
49.30 	supplementary reports information.

49.31 	Sec. 67. Minnesota Statutes 2004, section 169.09,
49.32 	subdivision 8, is amended to read:
49.33 		Subd. 8.Officer to report accident to commissioner.
 49.34 	A law enforcement peace officer who, in the regular course of
49.35 	duty, investigates a motor vehicle an accident that must be
49.36 	reported under this section shall, within ten days after the
50.1 	date of the accident, forward an electronic or written report of
50.2 	the accident to as prescribed by the commissioner of public
50.3 	safety.

50.4 	Sec. 68. Minnesota Statutes 2004, section 169.09,
50.5 	subdivision 9, is amended to read:
50.6 		Subd. 9.Accident report forms format.  The Department 
50.7 	commissioner of public safety shall prepare electronic or
50.8 	written forms prescribe the format for the accident reports
50.9 	required under this section.  Upon request the
50.10 	department commissioner shall supply make available the forms 
50.11 	format to police departments, coroners, sheriffs, garages, and
50.12 	other suitable agencies or individuals. The forms must be
50.13 	appropriate with respect to the persons required to make the
50.14 	reports and the purposes to be served.The electronic or
50.15 	written report forms to be completed by persons individuals 
50.16 	involved in accidents and by investigating peace officers
50.17 	must call for sufficiently detailed information to disclose with
50.18 	reference to a traffic accident the causes, existing conditions
50.19 	then existing, and the persons individuals and vehicles involved.

50.20 	Sec. 69. Minnesota Statutes 2004, section 169.09,
50.21 	subdivision 11, is amended to read:
50.22 		Subd. 11.Coroner to report death.  Every coroner or
50.23 	other official performing like functions shall report in writing
50.24 	to the Department commissioner of public safety the death of any
50.25 	person individual within the coroner's jurisdiction as the
50.26 	result of an accident involving a motor vehicle and the
50.27 	circumstances of the accident.  The report shall must be made
50.28 	within 15 days after the death.
50.29 	In the case of drivers killed in motor vehicle accidents
50.30 	and of the death of pedestrians 16 years of age or older, who
50.31 	die within four hours after an accident, the coroner or other
50.32 	official performing like functions shall examine the body and
50.33 	shall make tests as are necessary to determine the presence and
50.34 	percentage concentration of alcohol, and drugs if feasible, in
50.35 	the blood of the victim.  This information shall must be
50.36 	included in each report submitted pursuant to the provisions of
51.1 	this subdivision and shall be tabulated on a monthly basis by
51.2 	the Department commissioner of public safety.  This information
51.3 	may be used only for statistical purposes which that do not
51.4 	reveal the identity of the deceased.

51.5 	Sec. 70. Minnesota Statutes 2004, section 169.09,
51.6 	subdivision 12, is amended to read:
51.7 		Subd. 12.Garage to report bullet damage.  The
51.8 	person individual in charge of any garage or repair shop to
51.9 	which is brought any motor vehicle which that shows evidence of
51.10 	having been struck by any bullet shall immediately report to the
51.11 	local police or sheriff and to the commissioner of public safety
51.12 	within 24 hours after such motor the vehicle is received, giving
51.13 	the engine number if any, registration plate number,and the
51.14 	name and address of the registered owner or operator of such the 
51.15 	vehicle.

51.16 	Sec. 71. Minnesota Statutes 2004, section 169.09,
51.17 	subdivision 14, is amended to read:
51.18 		Subd. 14.Penalties.  (a) The driver of any vehicle who
51.19 	violates subdivision 1 or 6 and who did not cause the accident
51.20 	is punishable as follows:
51.21 	(1) if the accident results in the death of any person 
51.22 	individual, the driver is guilty of a felony and may be
51.23 	sentenced to imprisonment for not more than three years, or to
51.24 	payment of a fine of not more than $5,000, or both;
51.25 	(2) if the accident results in great bodily harm to any
51.26 	person individual, as defined in section 609.02, subdivision 8,
51.27 	the driver is guilty of a felony and may be sentenced to
51.28 	imprisonment for not more than two years, or to payment of a
51.29 	fine of not more than $4,000, or both; or
51.30 	(3) if the accident results in substantial bodily harm to
51.31 	any person individual, as defined in section 609.02, subdivision
51.32 	7a, the driver may be sentenced to imprisonment for not more
51.33 	than one year, or to payment of a fine of not more than $3,000,
51.34 	or both.
51.35 	(b) The driver of any vehicle involved in an accident not
51.36 	resulting in substantial bodily harm or death who violates
52.1 	subdivision 1 or 6 may be sentenced to imprisonment for not more
52.2 	than one year, or to payment of a fine of not more than $3,000,
52.3 	or both.
52.4 	(c) Any person who violates subdivision 2, 3, 4, 5, 7, 8,
52.5 	10,11, or 12 is guilty of a misdemeanor.
52.6 	(d) The attorney in the jurisdiction in which the violation
52.7 	occurred who is responsible for prosecution of misdemeanor
52.8 	violations of this section shall also be responsible for
52.9 	prosecution of gross misdemeanor violations of this section.

52.10 	Sec. 72. Minnesota Statutes 2004, section 169.09,
52.11 	subdivision 15, is amended to read:
52.12 		Subd. 15.Defense.  It is an affirmative defense to
52.13 	prosecution under subdivisions 1, 2, and 6 that the driver left
52.14 	the scene of the accident to take any person individual 
52.15 	suffering immediately demonstrable bodily injury in the accident
52.16 	to receive emergency medical care if the driver of the involved
52.17 	vehicle gives notice to a law enforcement agency as required by
52.18 	subdivision 6 as soon as reasonably feasible after the emergency
52.19 	medical care has been undertaken.

52.20 	Sec. 73. Minnesota Statutes 2004, section 169.09, is
52.21 	amended by adding a subdivision to read:
52.22 		Subd. 16.Commissioner as agent for service of
52.23 	process. The use and operation by a resident of this state or
52.24 	the resident's agent, or by a nonresident or the nonresident's
52.25 	agent, of a motor vehicle within the state of Minnesota, is
52.26 	deemed an irrevocable appointment by the resident if absent from
52.27 	this state continuously for six months or more following an
52.28 	accident, or by the nonresident at any time, of the commissioner
52.29 	of public safety to be the resident's or nonresident's true and
52.30 	lawful attorney upon whom may be served all legal process in any
52.31 	action or proceeding against the resident or nonresident or the
52.32 	executor, administrator, or personal representative of the
52.33 	resident or nonresident growing out of the use and operation of
52.34 	a motor vehicle within this state, resulting in damages or loss
52.35 	to person or property, whether the damage or loss occurs on a
52.36 	highway or on abutting public or private property.  This
53.1 	appointment is binding upon the nonresident's executor,
53.2 	administrator, or personal representative.  The use or operation
53.3 	of a motor vehicle by the resident or nonresident is a
53.4 	signification of agreement that any process in any action
53.5 	against the resident or nonresident or executor, administrator,
53.6 	or personal representative of the resident or nonresident that
53.7 	is so served has the same legal force and validity as if served
53.8 	upon the resident or nonresident personally or on the executor,
53.9 	administrator, or personal representative of the resident or
53.10 	nonresident.  Service of process must be made by serving a copy
53.11 	thereof upon the commissioner or by filing a copy in the
53.12 	commissioner's office, together with payment of a fee of $20,
53.13 	and is deemed sufficient service upon the absent resident or the
53.14 	nonresident or the executor, administrator, or personal
53.15 	representative of the resident or nonresident; provided that
53.16 	notice of service and a copy of the process are sent by mail by
53.17 	the plaintiff within ten days to the defendant at the
53.18 	defendant's last known address and that the plaintiff's
53.19 	affidavit of compliance with the provisions of this chapter is
53.20 	attached to the summons.

53.21 	Sec. 74. Minnesota Statutes 2004, section 169.09, is
53.22 	amended by adding a subdivision to read:
53.23 		Subd. 17.Information; vehicle owners. If an accident
53.24 	report has been prepared by a person involved in an accident and
53.25 	no report has been prepared by a law enforcement officer, the
53.26 	owners of the vehicles involved in an accident shall have the
53.27 	same access to information maintained by the Department of
53.28 	Public Safety, Driver and Vehicle Services Division, about the
53.29 	vehicles, their owners, and their drivers that would have been
53.30 	available to a law enforcement officer reporting on the accident.

53.31 	Sec. 75. Minnesota Statutes 2004, section 169.09, is
53.32 	amended by adding a subdivision to read:
53.33 		Subd. 18.Continuance of court proceeding; costs. The
53.34 	court in which the action is pending may order a continuance as
53.35 	may be necessary to afford the defendant reasonable opportunity
53.36 	to defend the action, not exceeding 90 days from the date of
54.1 	filing of the action in that court.  The fee of $20 paid by the
54.2 	plaintiff to the commissioner at the time of service of the
54.3 	proceedings must be taxed in the plaintiff's cost if the
54.4 	plaintiff prevails in the suit.  The commissioner shall keep a
54.5 	record of all processes so served, which must show the day and
54.6 	hour of service.

54.7 	Sec. 76. Minnesota Statutes 2004, section 171.07,
54.8 	subdivision 1, is amended to read:
54.9 		Subdivision 1.License; contents.  (a) Upon the payment
54.10 	of the required fee, the department shall issue to every
54.11 	qualifying applicant a license designating the type or class of
54.12 	vehicles the applicant is authorized to drive as applied for.
54.13 	This license must bear a distinguishing number assigned to the
54.14 	licensee,;the licensee's full name, date of birth, and 
54.15 	residence address and permanent mailing address if different,;a
54.16 	description of the licensee in a manner as the commissioner
54.17 	deems necessary,;and the usual signature of the licensee.  No
54.18 	license is valid unless it bears the usual signature of the
54.19 	licensee.  Every license must bear a colored photograph or an
54.20 	electronically produced image of the licensee.
54.21 	(b) If the United States Postal Service will not deliver
54.22 	mail to the applicant's residence address as listed on the
54.23 	license, then the applicant shall provide verification from the
54.24 	United States Postal Service that mail will not be delivered to
54.25 	the applicant's residence address and that mail will be
54.26 	delivered to a specified alternate mailing address.  When an
54.27 	applicant provides an alternate mailing address under this
54.28 	subdivision, the commissioner shall use the alternate mailing
54.29 	address in lieu of the applicant's residence address for all
54.30 	notices and mailings to the applicant.
54.31 	(c) Every license issued to an applicant under the age of
54.32 	21 must be of a distinguishing color and plainly marked
54.33 	"Under-21."
54.34 	(c) (d) The department shall use processes in issuing a
54.35 	license that prohibit, as nearly as possible, the ability to
54.36 	alter or reproduce a license, or prohibit the ability to
55.1 	superimpose a photograph or electronically produced image on a
55.2 	license, without ready detection.
55.3 	(d) (e) A license issued to an applicant age 65 or over
55.4 	must be plainly marked "senior" if requested by the applicant.

55.5 	Sec. 77. Minnesota Statutes 2004, section 171.07,
55.6 	subdivision 3, is amended to read:
55.7 		Subd. 3.Identification card; fee.  (a) Upon payment of
55.8 	the required fee, the department shall issue to every qualifying
55.9 	applicant a Minnesota identification card.  The department may
55.10 	not issue a Minnesota identification card to a person an
55.11 	individual who has a driver's license, other than a limited
55.12 	license.  The card must bear a distinguishing number assigned to
55.13 	the applicant; a colored photograph or an electronically
55.14 	produced image of the applicant; the applicant's full name, date
55.15 	of birth, and residence address; a description of the applicant
55.16 	in the manner as the commissioner deems necessary; and the usual
55.17 	signature of the applicant.
55.18 	(b) If the United States Postal Service will not deliver
55.19 	mail to the applicant's residence address as listed on the
55.20 	Minnesota identification card, then the applicant shall provide
55.21 	verification from the United States Postal Service that mail
55.22 	will not be delivered to the applicant's residence address and
55.23 	that mail will be delivered to a specified alternate mailing
55.24 	address.  When an applicant provides an alternate mailing
55.25 	address under this subdivision, the commissioner shall use the
55.26 	alternate mailing address in lieu of the applicant's residence
55.27 	address for all notices and mailings to the applicant.
55.28 	(c) Each identification card issued to an applicant under
55.29 	the age of 21 must be of a distinguishing color and plainly
55.30 	marked "Under-21."
55.31 	(c) (d) Each Minnesota identification card must be plainly
55.32 	marked "Minnesota identification card - not a driver's license."
55.33 	(d) (e) The fee for a Minnesota identification card is 50
55.34 	cents when issued to a person who is mentally retarded, as
55.35 	defined in section 252A.02, subdivision 2; a physically disabled
55.36 	person, as defined in section 169.345, subdivision 2; or, a
56.1 	person with mental illness, as described in section 245.462,
56.2 	subdivision 20, paragraph (c).

56.3 	Sec. 78. Minnesota Statutes 2004, section 171.12,
56.4 	subdivision 7, is amended to read:
56.5 		Subd. 7.Privacy of residence address data.  (a) An
56.6 	applicant for a driver's license or a Minnesota identification
56.7 	card may request that the applicant's residence address be
56.8 	classified as private data on individuals, as defined in section
56.9 	13.02, subdivision 12.  The commissioner shall grant the
56.10 	classification upon receipt of a signed statement by the
56.11 	individual that the classification is required for the safety of
56.12 	the applicant or the applicant's family, if the statement also
56.13 	provides a valid, existing address where the applicant consents
56.14 	to receive service of process.  The commissioner shall use the
56.15 	mailing address in place of the residence address in all
56.16 	documents and notices pertaining to the driver's license or
56.17 	identification card.  The residence address and any information
56.18 	provided in the classification request, other than the mailing
56.19 	address, are private data on individuals and may be provided to
56.20 	requesting law enforcement agencies, probation and parole
56.21 	agencies, and public authorities, as defined in section 518.54,
56.22 	subdivision 9.Data on individuals provided to obtain a
56.23 	driver's license or Minnesota identification card shall be
56.24 	treated as provided by United States Code, title 18, section
56.25 	2721, as in effect on May 23, 2005, and shall be disclosed as
56.26 	required or permitted by that section.
56.27 	(b) An applicant for a driver's license or a Minnesota
56.28 	identification card must be informed in a clear and conspicuous
56.29 	manner on the forms for the issuance or renewal that may
56.30 	consent, in writing, to the commissioner to disclose the
56.31 	applicant's personal information may be disclosed exempted by
56.32 	United States Code, title 18, section 2721,to any person who
56.33 	makes a request for the personal information, and that except
56.34 	for uses permitted by United States Code, title 18, section
56.35 	2721, subsection (b), the applicant may prohibit disclosure of
56.36 	the personal information by so indicating on the form. If the
57.1 	applicant so authorizes disclosures, the commissioner shall
57.2 	implement the request and the information may be used.
57.3 	(c) If authorized by an applicant for a driver's license or
57.4 	a Minnesota identification card must be also informed in a clear
57.5 	and conspicuous manner on forms that , as indicated in paragraph
57.6 	(b),the applicant's personal information may be used, rented,
57.7 	or sold solely for bulk distribution by organizations for
57.8 	business purposes, including surveys, marketing, or
57.9 	solicitation. The commissioner shall implement methods and
57.10 	procedures that enable the applicant to request that bulk
57.11 	surveys, marketing, or solicitation not be directed to the
57.12 	applicant.  If the applicant so requests, the commissioner shall
57.13 	implement the request in a timely manner and the personal
57.14 	information may not be so used.
57.15 	(d) To the extent permitted by United States Code, title
57.16 	18, section 2721, data on individuals provided to obtain a
57.17 	Minnesota identification card or a driver's license is public
57.18 	data on individuals and shall be disclosed as permitted by
57.19 	United States Code, title 18, section 2721, subsection (b).An
57.20 	applicant for a driver's license, instruction permit, or
57.21 	Minnesota identification card may request that the applicant's
57.22 	residence address be classified as "private data on
57.23 	individuals," as defined in section 13.02, subdivision 12.  The
57.24 	commissioner shall grant the classification on receipt of a
57.25 	signed statement by the individual that the classification is
57.26 	required for the safety of the applicant or the applicant's
57.27 	family, if the statement also provides a valid, existing address
57.28 	where the applicant consents to receive service of process.  The
57.29 	commissioner shall use the service for process mailing address
57.30 	in place of the residence address in all documents and notices
57.31 	pertaining to the driver's license, instruction permit, or
57.32 	Minnesota identification card.  The residence address and any
57.33 	information provided in the classification request, other than
57.34 	the mailing address, are private data on individuals and may be
57.35 	provided to requesting law enforcement agencies, probation and
57.36 	parole agencies, and public authorities, as defined in section
58.1 	518.54, subdivision 9.

58.2 	Sec. 79. Minnesota Statutes 2004, section 270B.01,
58.3 	subdivision 5, is amended to read:
58.4 		Subd. 5.Taxpayer identity.  "Taxpayer identity" means
58.5 	the name of a person with respect to whom a return is filed, or
58.6 	the person's mailing address, or the person's taxpayer
58.7 	identifying number. "Taxpayer identity" does not include the
58.8 	state taxpayer identifying number of a business entity, which is
58.9 	classified as public data.

58.10 	Sec. 80. Minnesota Statutes 2004, section 270B.03,
58.11 	subdivision 1, is amended to read:
58.12 		Subdivision 1.Who may inspect.  Returns and return
58.13 	information must, on request, be made open to inspection by or
58.14 	disclosure to the data subject.  The request must be made in
58.15 	writing or in accordance with written procedures of the chief
58.16 	disclosure officer of the department that have been approved by
58.17 	the commissioner to establish the identification of the person
58.18 	making the request as the data subject.  For purposes of this
58.19 	chapter, the following are the data subject:
58.20 	(1) in the case of an individual return, that individual;
58.21 	(2) in the case of an income tax return filed jointly,
58.22 	either of the individuals with respect to whom the return is
58.23 	filed;
58.24 	(3) in the case of a partnership return, any person who was
58.25 	a member of the partnership during any part of the period
58.26 	covered by the return;
58.27 	(4) in the case of the return of a corporation or its
58.28 	subsidiary:
58.29 	(i) any person designated by resolution of the board of
58.30 	directors or other similar governing body;
58.31 	(ii) any officer or employee of the corporation upon
58.32 	written request signed by any officer and attested to by the
58.33 	secretary or another officer;
58.34 	(iii) any bona fide shareholder of record owning one
58.35 	percent or more of the outstanding stock of the corporation;
58.36 	(iv) if the corporation is a corporation that has made an
59.1 	election under section 1362 of the Internal Revenue Code of
59.2 	1986, as amended through December 31, 1988, any person who was a
59.3 	shareholder during any part of the period covered by the return
59.4 	during which an election was in effect; or 
59.5 	(v) if the corporation has been dissolved, any person
59.6 	authorized by state law to act for the corporation or any person
59.7 	who would have been authorized if the corporation had not been
59.8 	dissolved in the case of a return filed by a business entity, an
59.9 	officer of a corporation, a shareholder owning more than one
59.10 	percent of the stock, or any shareholder of an S corporation; a
59.11 	general partner in a partnership; the owner of a sole
59.12 	proprietorship; a member or manager of a limited liability
59.13 	company; a participant in a joint venture; the individual who
59.14 	signed the return on behalf of the business entity; or an
59.15 	employee who is responsible for handling the tax matters of the
59.16 	business entity, such as the tax manager, bookkeeper, or
59.17 	managing agent;
59.18 	(5) (4) in the case of an estate return:
59.19 	(i) the personal representative or trustee of the estate;
59.20 	and
59.21 	(ii) any beneficiary of the estate as shown on the federal
59.22 	estate tax return;
59.23 	(6) (5) in the case of a trust return:
59.24 	(i) the trustee or trustees, jointly or separately; and
59.25 	(ii) any beneficiary of the trust as shown in the trust
59.26 	instrument;
59.27 	(7) (6) if liability has been assessed to a transferee
59.28 	under section 289A.31, subdivision 3, the transferee is the data
59.29 	subject with regard to the returns and return information
59.30 	relating to the assessed liability;
59.31 	(8) (7) in the case of an Indian tribal government or an
59.32 	Indian tribal government-owned entity,
59.33 	(i) the chair of the tribal government, or
59.34 	(ii) any person authorized by the tribal government; and
59.35 	(9) (8) in the case of a successor as defined in section
59.36 	270.102, subdivision 1, paragraph (b), the successor is the data
60.1 	subject and information may be disclosed as provided by section
60.2 	270.102, subdivision 4.

60.3 	Sec. 81. [299C.40] COMPREHENSIVE INCIDENT-BASED REPORTING
60.4 	SYSTEM.
60.5 		Subdivision 1.Definitions. (a) The definitions in this
60.6 	subdivision apply to this section.
60.7 	(b) "CIBRS" means the Comprehensive Incident-Based
60.8 	Reporting System, located in the Department of Public Safety and
60.9 	managed by the Bureau of Criminal Apprehension, Criminal Justice
60.10 	Information Systems Section.  A reference in this section to
60.11 	"CIBRS" includes the Bureau of Criminal Apprehension.
60.12 	(c) "Law enforcement agency" means a Minnesota municipal
60.13 	police department, the Metropolitan Transit Police, the
60.14 	Metropolitan Airports Police, the University of Minnesota Police
60.15 	Department, a Minnesota county sheriff's department, the Bureau
60.16 	of Criminal Apprehension, or the Minnesota State Patrol.
60.17 		Subd. 2.Purpose. CIBRS is a statewide system containing
60.18 	data from law enforcement agencies.  Data in CIBRS must be made
60.19 	available to law enforcement agencies in order to prepare a case
60.20 	against a person, whether known or unknown, for the commission
60.21 	of a crime or other offense for which the agency has
60.22 	investigative authority, or for purposes of background
60.23 	investigations required by section 626.87.
60.24 		Subd. 3.Data practices act governs. The provisions of
60.25 	chapter 13 apply to this section.
60.26 		Subd. 4.Data classification; general rule; changes in
60.27 	classification; audit trail. (a) The classification of data in
60.28 	the law enforcement agency does not change after the data is
60.29 	submitted to CIBRS.  If CIBRS is the only source of data made
60.30 	public by section 13.82, subdivisions 2, 3, 6, and 7, data
60.31 	described in those subdivisions must be downloaded and made
60.32 	available to the public as required by section 13.03.
60.33 	(b) Data on individuals created, collected, received,
60.34 	maintained, or disseminated by CIBRS is classified as
60.35 	confidential data on individuals as defined in section 13.02,
60.36 	subdivision 3, and becomes private data on individuals as
61.1 	defined in section 13.02, subdivision 12, as provided by this
61.2 	section.
61.3 	(c) Data not on individuals created, collected, received,
61.4 	maintained, or disseminated by CIBRS is classified as protected
61.5 	nonpublic data as defined in section 13.02, subdivision 13, and
61.6 	becomes nonpublic data as defined in section 13.02, subdivision
61.7 	9, as provided by this section.
61.8 	(d) Confidential or protected nonpublic data created,
61.9 	collected, received, maintained, or disseminated by CIBRS must
61.10 	automatically change classification from confidential data to
61.11 	private data or from protected nonpublic data to nonpublic data
61.12 	on the earlier of the following dates:
61.13 	(1) upon receipt by CIBRS of notice from a law enforcement
61.14 	agency that an investigation has become inactive; or 
61.15 	(2) when the data has not been updated by the law
61.16 	enforcement agency that submitted it for a period of 120 days.
61.17 	(e) For the purposes of this section, an investigation
61.18 	becomes inactive upon the occurrence of any of the events listed
61.19 	in section 13.82, subdivision 7, clauses (a) to (c).
61.20 	(f) Ten days before making a data classification change
61.21 	because data has not been updated, CIBRS must notify the law
61.22 	enforcement agency that submitted the data that a classification
61.23 	change will be made on the 120th day.  The notification must
61.24 	inform the law enforcement agency that the data will retain its
61.25 	classification as confidential or protected nonpublic data if
61.26 	the law enforcement agency updates the data or notifies CIBRS
61.27 	that the investigation is still active before the 120th day.  A
61.28 	new 120-day period begins if the data is updated or if a law
61.29 	enforcement agency notifies CIBRS that an active investigation
61.30 	is continuing.
61.31 	(g) A law enforcement agency that submits data to CIBRS
61.32 	must notify CIBRS if an investigation has become inactive so
61.33 	that the data is classified as private data or nonpublic data.
61.34 	The law enforcement agency must provide this notice to CIBRS
61.35 	within ten days after an investigation becomes inactive.
61.36 	(h) All queries and responses and all actions in which data
62.1 	is submitted to CIBRS, changes classification, or is
62.2 	disseminated by CIBRS to any law enforcement agency must be
62.3 	recorded in the CIBRS audit trail.
62.4 		Subd. 5.Access to cibrs data by law enforcement agency
62.5 	personnel. Only law enforcement agency personnel with
62.6 	certification from the Bureau of Criminal Apprehension may
62.7 	enter, update, or access CIBRS data.  The ability of particular
62.8 	law enforcement agency personnel to enter, update, or access
62.9 	CIBRS data must be limited through the use of purpose codes that
62.10 	correspond to the official duties and training level of the
62.11 	personnel.
62.12 		Subd. 6.Access to cibrs data by data subject. Upon
62.13 	request to the Bureau of Criminal Apprehension or to a law
62.14 	enforcement agency participating in CIBRS an individual shall be
62.15 	informed whether the individual is the subject of private or
62.16 	confidential data held by CIBRS.  An individual who is the
62.17 	subject of private data held by CIBRS may obtain access to the
62.18 	data by making a request to the Bureau of Criminal Apprehension
62.19 	or to a participating law enforcement agency.  Private data
62.20 	provided to the subject under this subdivision must also include
62.21 	the name of the law enforcement agency that submitted the data
62.22 	to CIBRS and the name, telephone number, and address of the
62.23 	responsible authority for the data.
62.24 		Subd. 7.Challenge to completeness and accuracy of data.
 62.25 	An individual who is the subject of public or private data held
62.26 	by CIBRS and who wants to challenge the completeness or accuracy
62.27 	of the data under section 13.04, subdivision 4, must notify in
62.28 	writing the responsible authority for the data.  A law
62.29 	enforcement agency must notify the Bureau of Criminal
62.30 	Apprehension when data held by CIBRS is challenged.  The
62.31 	notification must identify the data that was challenged and the
62.32 	subject of the data.  CIBRS must include any notification
62.33 	received under this paragraph whenever disseminating data about
62.34 	which no determination has been made.  When the responsible
62.35 	authority of a law enforcement agency completes, corrects, or
62.36 	destroys successfully challenged data, the corrected data must
63.1 	be submitted to CIBRS and any future dissemination must be of
63.2 	the corrected data.

63.3 	Sec. 82. [299C.405] SUBSCRIPTION SERVICE.
63.4 	(a) For the purposes of this subdivision "subscription
63.5 	service" means a process by which law enforcement agency
63.6 	personnel may obtain ongoing, automatic electronic notice of any
63.7 	contacts an individual has with any criminal justice agency.
63.8 	(b) The Department of Public Safety must not establish a
63.9 	subscription service without prior legislative authorization.

63.10 	Sec. 83. [325E.317] DEFINITIONS.
63.11 		Subdivision 1.Scope. For the purposes of sections
63.12 	325E.317 and 325E.318, the terms defined in this section have
63.13 	the meanings given.
63.14 		Subd. 2.Provider. "Provider" means a provider of
63.15 	wireless telecommunications services.
63.16 		Subd. 3.Telecommunications
63.17 	services. "Telecommunications services" has the meaning given
63.18 	in section 297A.61, subdivision 24, paragraph (a).
63.19 		Subd. 4.Wireless directory assistance
63.20 	service. "Wireless directory assistance service" means any
63.21 	service for connecting calling parties to a wireless
63.22 	telecommunications services customer when the calling parties
63.23 	themselves do not possess the customer's wireless telephone
63.24 	number information.
63.25 		Subd. 5.Wireless telecommunications services. "Wireless
63.26 	telecommunications services" has the meaning given in section
63.27 	325F.695.
63.28 		Subd. 6.Wireless telephone directory. "Wireless
63.29 	telephone directory" means a directory or database containing
63.30 	wireless telephone number information or any other identifying
63.31 	information by which a calling party may reach a wireless
63.32 	telecommunications services customer.
63.33 		Subd. 7.Wireless telephone number
63.34 	information. "Wireless telephone number information" means the
63.35 	telephone number, electronic address, and any other identifying
63.36 	information by which a calling party may reach a wireless
64.1 	telecommunications services customer, which is assigned by a
64.2 	provider to the customer and includes the customer's name and
64.3 	address.
64.4 	
EFFECTIVE DATE. This section is effective the day
64.5 	following final enactment.

64.6 	Sec. 84. [325E.318] WIRELESS DIRECTORIES.
64.7 		Subdivision 1.Notice. No provider of wireless
64.8 	telecommunications service, or any direct or indirect affiliate
64.9 	or agent of a provider, may include the wireless telephone
64.10 	number information of a customer in a wireless telephone
64.11 	directory assistance service database or publish, sell, or
64.12 	otherwise disseminate the contents of a wireless telephone
64.13 	directory assistance service database unless the provider
64.14 	provides a conspicuous notice to the subscriber informing the
64.15 	subscriber that the subscriber will not be listed in a wireless
64.16 	directory assistance service database without the subscriber's
64.17 	prior express authorization.
64.18 		Subd. 2.Authorization. (a) A provider, or any direct or
64.19 	indirect affiliate or agent of a provider, may not disclose,
64.20 	provide, or sell a customer's wireless telephone number
64.21 	information, or any part thereof, for inclusion in a wireless
64.22 	telephone directory of any form, and may not sell a wireless
64.23 	telephone directory containing a customer's wireless telephone
64.24 	number information without first receiving prior express
64.25 	authorization from the customer.  The customer's authorization
64.26 	must meet the following requirements:
64.27 	(1) consent shall be affirmatively obtained separately from
64.28 	the execution of the service contract via verifiable means; and 
64.29 	(2) consent shall be unambiguous and conspicuously disclose
64.30 	that the subscriber is consenting to have the customer's dialing
64.31 	number sold or licensed as part of a publicly available
64.32 	directory assistance database.
64.33 	(b) A record of the authorization shall be maintained for
64.34 	the duration of the service contract or any extension of the
64.35 	contract.
64.36 	(c) A subscriber who provides express consent pursuant to
65.1 	paragraph (a) may revoke that consent via verifiable means at
65.2 	any time.  A provider must comply with the customer's request to
65.3 	be removed from the directory and remove such listing from
65.4 	directory assistance within 60 days.
65.5 		Subd. 3.No fee to retain privacy. A customer shall not
65.6 	be charged for opting not to be listed in a wireless telephone
65.7 	directory.
65.8 		Subd. 4.Remedies. Every knowing violation of this
65.9 	section is punishable by a fine of up to $500 for each violation
65.10 	with a maximum aggregated amount of $10,000 for a provider, of
65.11 	which $100 per violation shall be paid to each victim of the
65.12 	violation.  The attorney general may bring actions to enforce
65.13 	compliance with this section.  For the first violation by any
65.14 	company or organization of this section, the attorney general
65.15 	shall notify the company with a letter of warning that the
65.16 	section has been violated.  No telephone corporation, nor any
65.17 	official or employee of a telephone corporation, shall be
65.18 	subject to criminal or civil liability for the release of
65.19 	customer information as authorized by this section.
65.20 	
EFFECTIVE DATE. This section is effective the day
65.21 	following final enactment.

65.22 	Sec. 85. [325E.59] USE OF SOCIAL SECURITY NUMBERS.
65.23 		Subdivision 1.Generally. A person or entity, not
65.24 	including a government entity, may not do any of the following:
65.25 	(1) publicly post or publicly display in any manner an
65.26 	individual's Social Security number.  "Publicly post" or
65.27 	"publicly display" means to intentionally communicate or
65.28 	otherwise make available to the general public;
65.29 	(2) print an individual's Social Security number on any
65.30 	card required for the individual to access products or services
65.31 	provided by the person or entity;
65.32 	(3) require an individual to transmit the individual's
65.33 	Social Security number over the Internet, unless the connection
65.34 	is secure or the Social Security number is encrypted;
65.35 	(4) require an individual to use the individual's Social
65.36 	Security number to access an Internet Web site, unless a
66.1 	password or unique personal identification number or other
66.2 	authentication device is also required to access the Internet
66.3 	Web site; or 
66.4 	(5) print a number that the person or entity knows to be an
66.5 	individual's Social Security number on any materials that are
66.6 	mailed to the individual, unless state or federal law requires
66.7 	the Social Security number to be on the document to be mailed.
66.8 	If, in connection with a transaction involving or otherwise
66.9 	relating to an individual, a person or entity receives a number
66.10 	from a third party, that person or entity is under no duty to
66.11 	inquire or otherwise determine whether the number is or includes
66.12 	that individual's Social Security number and may print that
66.13 	number on materials mailed to the individual, unless the person
66.14 	or entity receiving the number has actual knowledge that the
66.15 	number is or includes the individual's Social Security number.
66.16 	Notwithstanding clauses (1) to (5), Social Security numbers
66.17 	may be included in applications and forms sent by mail,
66.18 	including documents sent as part of an application or enrollment
66.19 	process, or to establish, amend, or terminate an account,
66.20 	contract, or policy, or to confirm the accuracy of the Social
66.21 	Security number.  Nothing in this paragraph authorizes inclusion
66.22 	of a Social Security number on the outside of a mailing.
66.23 	Except as provided in subdivision 2, this section applies
66.24 	only to the use of Social Security numbers on or after July 1,
66.25 	2007.
66.26 		Subd. 2.Continuation of prior use. A person or entity,
66.27 	not including a government entity, that has used, prior to July
66.28 	1, 2007, an individual's Social Security number in a manner
66.29 	inconsistent with subdivision 1, may continue using that
66.30 	individual's Social Security number in that manner on or after
66.31 	July 1, 2007, if all the following conditions are met:
66.32 	(1) the use of the Social Security number is continuous.
66.33 	If the use is stopped for any reason, subdivision 1 applies;
66.34 	(2) the individual is provided an annual disclosure,
66.35 	commencing in 2007, that informs the individual that the
66.36 	individual has the right to stop the use of the individual's
67.1 	Social Security number in a manner prohibited by subdivision 1;
67.2 	(3) a written request by an individual to stop the use of
67.3 	the individual's Social Security number in a manner prohibited
67.4 	by subdivision 1 must be implemented within 30 days of the
67.5 	receipt of the request.  A fee may not be charged for
67.6 	implementing the request; and 
67.7 	(4) a person or entity, not including a government entity,
67.8 	shall not deny services to an individual because the individual
67.9 	makes a written request pursuant to this subdivision.
67.10 		Subd. 3.Coordination with other law. This section does
67.11 	not prevent the collection, use, or release of a Social Security
67.12 	number as required by state or federal law or the use of a
67.13 	Social Security number for internal verification or
67.14 	administrative purposes.
67.15 		Subd. 4.Public records. This section does not apply to
67.16 	documents that are recorded or required to be open to the public
67.17 	under chapter 13 or by other law.
67.18 		Subd. 5.Definitions. For purposes of this section,
67.19 	"government entity" has the meaning given in section 13.02,
67.20 	subdivision 7a, but does not include the Minnesota state
67.21 	colleges and universities or the University of Minnesota.
67.22 	
EFFECTIVE DATE. This section is effective July 1, 2007.

67.23 	Sec. 86. REPORT TO LEGISLATURE.
 67.24 	By January 15, 2006, the commissioner of public safety must
67.25 	report to the chair of the house Public Safety Policy and
67.26 	Finance Committee and the chair of the senate Crime Prevention
67.27 	and Public Safety Committee and the ranking minority members of
67.28 	those committees and make legislative recommendations on
67.29 	possible use of CIBRS data for background checks required by
67.30 	law, a process for criminal records expungement by the subject
67.31 	of CIBRS data, and retention schedules for CIBRS data.
67.32 	By January 15, 2006, the commissioner of public safety must
67.33 	also report to the chair of the house Committee on Public Safety
67.34 	Policy and Finance and the chair of the senate Committee on
67.35 	Crime Prevention and the ranking minority members of those
67.36 	committees on the advisability of prohibiting the possession or
68.1 	use of devices or chemicals to falsify results of drug and
68.2 	alcohol testing as defined in Minnesota Statutes, section
68.3 	181.95, subdivision 5, or to place false DNA evidence at the
68.4 	scene of a crime.

68.5 	Sec. 87. REVIEW OF STATE HANDLING OF GENETIC
68.6 	INFORMATION.
 68.7 	The commissioner of administration shall review the
68.8 	applicable laws, rules, and policies to determine whether the
68.9 	state handles genetic information on individuals in a manner
68.10 	that appropriately takes into account the possible effect of
68.11 	release or nonrelease of that information on the genetic privacy
68.12 	of relatives of the individuals.  The commissioner shall report
68.13 	the results of the review, including any recommendations for
68.14 	legislative changes, to the chairs of the house Civil Law
68.15 	Committee and the senate Judiciary Committee and the ranking
68.16 	minority members of those committees by January 15, 2006.

68.17 	Sec. 88. INSTRUCTION TO REVISOR.
 68.18 	The revisor of statutes shall renumber each section of
68.19 	Minnesota Statutes in column A with the number in column B.  The
68.20 	revisor shall also make any necessary cross-reference changes.
68.21 	Column A Column B 
68.22 	170.24 169.09, subdivision 14a 
68.23 	170.54 169.09, subdivision 5a 

68.24 	Sec. 89. REPEALER.
 68.25 	Minnesota Statutes 2004, sections 13.04, subdivision 5;
68.26 	169.09, subdivision 10; and 170.55, are repealed.