1.1 	A bill for an act
1.2 	relating to data practices; classifying certain State
1.3 	Board of Investment data; providing for certain
1.4 	security information and data; regulating certain
1.5 	motor vehicle and driver records; classifying certain
1.6 	animal health data; amending Minnesota Statutes 2004,
1.7 	sections 11A.24, subdivision 6; 13.37, subdivisions 1,
1.8 	2, 3; 13.591, by adding subdivisions; 13.635, by
1.9 	adding a subdivision; 13.643, by adding a subdivision;
1.10 	16C.06, subdivision 5; 168.346; 169.09, by adding a
1.11 	subdivision; 171.12, subdivision 7.
1.12 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

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

3.22 	Sec. 2. Minnesota Statutes 2004, section 13.37,
3.23 	subdivision 1, is amended to read:
3.24 		Subdivision 1.Definitions.  As used in this section, the
3.25 	following terms have the meanings given them.
3.26 	(a) "Security information" means government data the
3.27 	disclosure of which would be likely to substantially jeopardize
3.28 	the security of information, possessions, individuals or
3.29 	property against theft, tampering, improper use, attempted
3.30 	escape, illegal disclosure, trespass, or physical injury.
3.31 	"Security information" includes crime prevention block maps and
3.32 	lists of volunteers who participate in community crime
3.33 	prevention programs and their home addresses and telephone
3.34 	numbers.
3.35 	(b) "Trade secret information" means government data,
3.36 	including a formula, pattern, compilation, program, device,
4.1 	method, technique or process (1) that was supplied by the
4.2 	affected individual or organization, (2) that is the subject of
4.3 	efforts by the individual or organization that are reasonable
4.4 	under the circumstances to maintain its secrecy, and (3) that
4.5 	derives independent economic value, actual or potential, from
4.6 	not being generally known to, and not being readily
4.7 	ascertainable by proper means by, other persons who can obtain
4.8 	economic value from its disclosure or use.
4.9 	(c) "Labor relations information" means management
4.10 	positions on economic and noneconomic items that have not been
4.11 	presented during the collective bargaining process or interest
4.12 	arbitration, including information specifically collected or
4.13 	created to prepare the management position.
4.14 	(d) "Parking space leasing data" means the following
4.15 	government data on an applicant for, or lessee of, a parking
4.16 	space:  residence address, home telephone number, beginning and
4.17 	ending work hours, place of employment, work telephone number,
4.18 	and location of the parking space.
4.19 	(e) "Internal competitive proposal" means a proposal to
4.20 	provide government services that is prepared by the staff of a
4.21 	political subdivision in competition with proposals solicited by
4.22 	the political subdivision from the private sector.

4.23 	Sec. 3. Minnesota Statutes 2004, section 13.37,
4.24 	subdivision 2, is amended to read:
4.25 		Subd. 2.Classification.  The following government data
4.26 	is classified as nonpublic data with regard to data not on
4.27 	individuals, pursuant to section 13.02, subdivision 9, and as
4.28 	private data with regard to data on individuals, pursuant to
4.29 	section 13.02, subdivision 12:  Security information; trade
4.30 	secret information; sealed absentee ballots prior to opening by
4.31 	an election judge; sealed bids, including the number of bids
4.32 	received, prior to the opening of the bids; internal competitive
4.33 	proposals prior to the time specified by a political subdivision
4.34 	for the receipt of private sector proposals for the services;
4.35 	parking space leasing data; and labor relations information,
4.36 	provided that specific labor relations information which relates
5.1 	to a specific labor organization is classified as protected
5.2 	nonpublic data pursuant to section 13.02, subdivision 13.

5.3 	Sec. 4. Minnesota Statutes 2004, section 13.37,
5.4 	subdivision 3, is amended to read:
5.5 		Subd. 3.Data dissemination. (a) Crime prevention block
5.6 	maps and names, home addresses, and telephone numbers of
5.7 	volunteers who participate in community crime prevention
5.8 	programs may be disseminated to volunteers participating in
5.9 	crime prevention programs.  The location of a National Night Out
5.10 	event is public data.
5.11 	(b) A government entity may make security information
5.12 	accessible to any person, entity, or the public if the
5.13 	government entity determines that the access will aid public
5.14 	health, promote public safety, or assist law enforcement.

5.15 	Sec. 5. Minnesota Statutes 2004, section 13.591, is
5.16 	amended by adding a subdivision to read:
5.17 		Subd. 4.Classification of evaluative data; data
5.18 	sharing. (a) Data created or maintained by a government entity
5.19 	as part of the selection or evaluation process referred to in
5.20 	this section are protected nonpublic data until completion of
5.21 	the selection process or completion of the evaluation process at
5.22 	which time the data are public with the exception of trade
5.23 	secret data as defined and classified in section 13.37.
5.24 	(b) If a state agency asks employees of other state
5.25 	agencies to assist with the selection of the responses to a
5.26 	request for bid or the evaluation of responses to a request for
5.27 	proposal, the state agency may share not public data in the
5.28 	responses with those employees.  The employees participating in
5.29 	the selection or evaluation may not further disseminate the not
5.30 	public data they review.

5.31 	Sec. 6. Minnesota Statutes 2004, section 13.591, is
5.32 	amended by adding a subdivision to read:
5.33 		Subd. 5.Internal competitive response. (a) For purposes
5.34 	of this subdivision, "internal competitive response" means a bid
5.35 	or proposal to provide government goods or services that is
5.36 	prepared by the staff of a government entity in competition with
6.1 	bids or proposals solicited by (1) the same government entity
6.2 	from the private sector or (2) a different government entity
6.3 	from the private sector.
6.4 	(b) Data in an internal competitive response is classified
6.5 	as private or nonpublic until completion of the selection
6.6 	process or completion of the evaluation process at which time
6.7 	the data are public with the exception of trade secret data as
6.8 	defined and classified in section 13.37.

6.9 	Sec. 7. Minnesota Statutes 2004, section 13.635, is
6.10 	amended by adding a subdivision to read:
6.11 		Subd. 1a.State board of investment. Certain government
6.12 	data of the State Board of Investment related to investments are
6.13 	classified under section 11A.24, subdivision 6.

6.14 	Sec. 8. Minnesota Statutes 2004, section 13.643, is
6.15 	amended by adding a subdivision to read:
6.16 		Subd. 6.Animal premise data. (a) The following data
6.17 	collected and maintained by the Board of Animal Health related
6.18 	to registration and identification of premises and animals under
6.19 	chapter 35, are classified as private or nonpublic:
6.20 	(1) the names and addresses;
6.21 	(2) the location of the premises where animals are kept;
6.22 	and 
6.23 	(3) the identification number of the premises or the animal.
6.24 	(b) The Board of Animal Health may disclose data collected
6.25 	under paragraph (a) to any person, agency, or to the public if
6.26 	the board determines that the access will aid in the law
6.27 	enforcement process or promote public or animal health or safety.

6.28 	Sec. 9. Minnesota Statutes 2004, section 16C.06,
6.29 	subdivision 5, is amended to read:
6.30 		Subd. 5.State as responder.  The head of an agency, in
6.31 	consultation with the requesting agency and the commissioner,
6.32 	may respond to a solicitation or request if the goods and
6.33 	services meet the needs of the requesting agency and provide the
6.34 	state with the best value.  When an agency responds to a
6.35 	solicitation, all work product relating to the response is
6.36 	nonpublic data as defined in section 13.02, and shall become
7.1 	public information in accordance with subdivision 3 classified
7.2 	by section 13.591, subdivision 5.

7.3 	Sec. 10. Minnesota Statutes 2004, section 168.346, is
7.4 	amended to read:
7.5 	168.346 PRIVACY OF NAME OR RESIDENCE ADDRESS PERSONAL
7.6 	INFORMATION.
7.7 	(a) The registered owner of a motor vehicle may request in
7.8 	writing that the owner's residence address or name and residence
7.9 	address be classified as private data on individuals, as defined
7.10 	in section 13.02, subdivision 12.  The commissioner shall grant
7.11 	the classification upon receipt of a signed statement by the
7.12 	owner that the classification is required for the safety of the
7.13 	owner or the owner's family, if the statement also provides a
7.14 	valid, existing address where the owner consents to receive
7.15 	service of process.  The commissioner shall use the mailing
7.16 	address in place of the residence address in all documents and
7.17 	notices pertaining to the motor vehicle.  The residence address
7.18 	or name and residence address and any information provided in
7.19 	the classification request, other than the mailing address, are
7.20 	private data on individuals and may be provided to requesting
7.21 	law enforcement agencies, probation and parole agencies, and
7.22 	public authorities, as defined in section 518.54, subdivision
7.23 	9.Subdivision 1.[VEHICLE REGISTRATION DATA; FEDERAL
7.24 	COMPLIANCE.] (a) Data on an individual provided to register a
7.25 	vehicle is classified as provided by United States Code, title
7.26 	18, section 2721, subsection (a).
7.27 	(b) An individual The registered owner of a motor vehicle
7.28 	must be informed in a clear and conspicuous manner on the forms
7.29 	for issuance or renewal of titles and registrations, that the
7.30 	owner's personal information who is an individual may be
7.31 	disclosed consent in writing to the commissioner to disclose the
7.32 	individual's personal information exempted by United States
7.33 	Code, title 18, section 2721, subsection (a),to any person who
7.34 	makes a written request for the personal information, and that,
7.35 	except for uses permitted by United States Code, title 18,
7.36 	section 2721, subsection (b),.  If the registered owner may
8.1 	prohibit disclosure of the personal information by so indicating
8.2 	on the form is an individual and so authorizes disclosure, the
8.3 	commissioner shall implement the request. For purposes of this
8.4 	paragraph, access by requesters making requests described in
8.5 	section 168.345, subdivision 4, is deemed to be related to
8.6 	public safety.
8.7 	(c) At the time of registration or renewal,If authorized
8.8 	by the individual registered owner of a motor vehicle must also
8.9 	be informed in a clear and conspicuous manner on forms that as
8.10 	indicated in paragraph (b),the registered owner's personal
8.11 	information may be used, rented, or sold solely for bulk
8.12 	distribution by organizations for business purposes including
8.13 	surveys, marketing, and or solicitation. The commissioner shall
8.14 	implement methods and procedures that enable the registered
8.15 	owner to request that bulk surveys, marketing, or solicitation
8.16 	not be directed to the owner.  If the registered owner so
8.17 	requests, the commissioner shall implement the request in a
8.18 	timely manner and the personal information may not be so used.
8.19 	(d) Subd. 2.[PERSONAL INFORMATION DISCLOSURE FOR PUBLIC
8.20 	SAFETY.] The commissioner shall disclose personal information
8.21 	when the use is related to the operation or use of a motor 
8.22 	vehicle or to public safety.  The use of personal information is
8.23 	related to public safety if it concerns the physical safety or
8.24 	security of drivers, vehicles, pedestrians, or property.  The
8.25 	commissioner may refuse to disclose data under this paragraph 
8.26 	subdivision when the commissioner concludes that the requester
8.27 	is likely to use the data for illegal, improper, or
8.28 	noninvestigative purposes.
8.29 	(e) To the extent permitted by United States Code, title
8.30 	18, section 2721, data on individuals provided to register a
8.31 	motor vehicle is public data on individuals and shall be
8.32 	disclosed as permitted by United States Code, title 18, section
8.33 	2721, subsection (b).Subd. 3.[PRIVACY CLASSIFICATION FOR
8.34 	PERSONAL SAFETY.] The registered owner of a vehicle who is an
8.35 	individual may request, in writing, that the registered owner's
8.36 	residence address or name and residence address be classified as
9.1 	"private data on individuals," as defined in section 13.02,
9.2 	subdivision 12.  The commissioner shall grant the classification
9.3 	on receipt of a signed statement by the registered owner that
9.4 	the classification is required for the safety of the registered
9.5 	owner or the registered owner's family, if the statement also
9.6 	provides a valid, existing address where the registered owner
9.7 	consents to receive service of process.  The commissioner shall
9.8 	use the service of process mailing address in place of the
9.9 	registered owner's residence address in all documents and
9.10 	notices pertaining to the vehicle.  The residence address or
9.11 	name and residence address and any information provided in the
9.12 	classification request, other than the individual's service for
9.13 	process mailing address, are private data on individuals but may
9.14 	be provided to requesting law enforcement agencies, probation
9.15 	and parole agencies, and public authorities, as defined in
9.16 	section 518.54, subdivision 9.

9.17 	Sec. 11. Minnesota Statutes 2004, section 169.09, is
9.18 	amended by adding a subdivision to read:
9.19 		Subd. 16.Information; vehicle owners. If an accident
9.20 	report has been prepared by a person involved in an accident and
9.21 	no report has been prepared by a law enforcement officer, the
9.22 	owners of the vehicles involved in an accident shall have the
9.23 	same access to information about the vehicles, their owners, and
9.24 	their drivers that would have been available to a law
9.25 	enforcement officer reporting on the accident.

9.26 	Sec. 12. Minnesota Statutes 2004, section 171.12,
9.27 	subdivision 7, is amended to read:
9.28 		Subd. 7.Privacy of residence address data.  (a) An
9.29 	applicant for Data on individuals provided to obtain a driver's
9.30 	license or a Minnesota identification card may request that the
9.31 	applicant's residence address be classified as private data on
9.32 	individuals, as defined in section 13.02, subdivision 12.  The
9.33 	commissioner shall grant the classification upon receipt of a
9.34 	signed statement by the individual that the classification is
9.35 	required for the safety of the applicant or the applicant's
9.36 	family, if the statement also provides a valid, existing address
10.1 	where the applicant consents to receive service of process.  The
10.2 	commissioner shall use the mailing address in place of the
10.3 	residence address in all documents and notices pertaining to the
10.4 	driver's license or identification card.  The residence address
10.5 	and any information provided in the classification request,
10.6 	other than the mailing address, are private data on individuals
10.7 	and may be provided to requesting law enforcement agencies,
10.8 	probation and parole agencies, and public authorities, as
10.9 	defined in section 518.54, subdivision 9is classified as
10.10 	provided by United States Code, title 18, section 2721,
10.11 	subsection (a).
10.12 	(b) An applicant for a driver's license or a Minnesota
10.13 	identification card must be informed in a clear and conspicuous
10.14 	manner on the forms for the issuance or renewal that may
10.15 	consent, in writing, to the commissioner to disclose the
10.16 	applicant's personal information may be disclosed exempted by
10.17 	United States Code, title 18, section 2721, subsection (a),to
10.18 	any person who makes a request for the personal information, and
10.19 	that except for uses permitted by United States Code, title 18,
10.20 	section 2721, subsection (b), the applicant may prohibit
10.21 	disclosure of the personal information by so indicating on the
10.22 	form. If the applicant so authorizes disclosures, the
10.23 	commissioner shall implement the request and the information may
10.24 	be used.
10.25 	(c) If authorized by an applicant for a driver's license or
10.26 	a Minnesota identification card must be also informed in a clear
10.27 	and conspicuous manner on forms that , as indicated in paragraph
10.28 	(b),the applicant's personal information may be used, rented,
10.29 	or sold solely for bulk distribution by organizations for
10.30 	business purposes, including surveys, marketing, or
10.31 	solicitation. The commissioner shall implement methods and
10.32 	procedures that enable the applicant to request that bulk
10.33 	surveys, marketing, or solicitation not be directed to the
10.34 	applicant.  If the applicant so requests, the commissioner shall
10.35 	implement the request in a timely manner and the personal
10.36 	information may not be so used.
11.1 	(d) To the extent permitted by United States Code, title
11.2 	18, section 2721, data on individuals provided to obtain a
11.3 	Minnesota identification card or a driver's license is public
11.4 	data on individuals and shall be disclosed as permitted by
11.5 	United States Code, title 18, section 2721, subsection (b).An
11.6 	applicant for a driver's license, instruction permit, or
11.7 	Minnesota identification card may request that the applicant's
11.8 	residence address be classified as "private data on
11.9 	individuals," as defined in section 13.02, subdivision 12.  The
11.10 	commissioner shall grant the classification on receipt of a
11.11 	signed statement by the individual that the classification is
11.12 	required for the safety of the applicant or the applicant's
11.13 	family, if the statement also provides a valid, existing address
11.14 	where the applicant consents to receive service of process.  The
11.15 	commissioner shall use the service for process mailing address
11.16 	in place of the residence address in all documents and notices
11.17 	pertaining to the driver's license, instruction permit, or
11.18 	Minnesota identification card.  The residence address and any
11.19 	information provided in the classification request, other than
11.20 	the mailing address, are private data on individuals and may be
11.21 	provided to requesting law enforcement agencies, probation and
11.22 	parole agencies, and public authorities, as defined in section
11.23 	518.54, subdivision 9.
11.24 	(e) A person shall not retain any information from
11.25 	magnetically, electronically, or otherwise scanning a driver's
11.26 	license, permit, or state identification card, except the
11.27 	document holder's name; date of birth; driver's license, permit,
11.28 	or state identification card number; and document expiration
11.29 	date.  A person shall not use any of this retained information
11.30 	for advertising, marketing, or promotional activities.  A person
11.31 	shall not sell and shall not otherwise disseminate the retained
11.32 	information to any third party for any purpose, including any
11.33 	advertising, marketing, or promotional activities, except that
11.34 	retained information may be provided under a court order or as
11.35 	authorized elsewhere in law.  Information obtained by the person
11.36 	shall be destroyed immediately if not specifically authorized to
12.1 	be retained in this paragraph.  A violation of this subdivision
12.2 	is a violation of section 171.24 or 171.241.