1.1 	A bill for an act
1.2 	relating to data practices; providing for the
1.3 	collection and dissemination of data; proposing and
1.4 	modifying classifications of data; providing for
1.5 	sharing and release of certain public data; allowing
1.6 	certain boards to conduct meetings by telephone or
1.7 	other electronic means; amending Minnesota Statutes
1.8 	2004, sections 3.978, subdivision 2; 13.01,
1.9 	subdivisions 1, 3; 13.02, subdivision 7; 13.03,
1.10 	subdivisions 1, 2, 4, 5, 6, 8; 13.04, subdivisions 2,
1.11 	4; 13.05, subdivisions 1, 4, 6, 7, 8, 9; 13.06,
1.12 	subdivisions 1, 2, 3, 4; 13.07; 13.072, subdivision 4;
1.13 	13.073, subdivision 3; 13.08, subdivisions 1, 2, 5;
1.14 	13.203; 13.32, by adding a subdivision; 13.3805, by
1.15 	adding a subdivision; 13.43, subdivisions 1, 2, 3;
1.16 	13.46, subdivision 4; 13.601, by adding a subdivision;
1.17 	13.82, subdivisions 1, 16; 116J.68, by adding a
1.18 	subdivision; 116L.03, by adding a subdivision;
1.19 	116L.665, by adding a subdivision; 116M.15, by adding
1.20 	a subdivision; 116U.25; 270B.01, subdivision 5;
1.21 	270B.03, subdivision 1; proposing coding for new law
1.22 	in Minnesota Statutes, chapters 41A; 299C; repealing
1.23 	Minnesota Statutes 2004, section 13.04, subdivision 5.
1.24 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

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

2.5 	Sec. 2. Minnesota Statutes 2004, section 13.01,
2.6 	subdivision 1, is amended to read:
2.7 		Subdivision 1.Applicability.  All state agencies,
2.8 	political subdivisions and statewide systems government entities 
2.9 	shall be governed by this chapter.

2.10 	Sec. 3. Minnesota Statutes 2004, section 13.01,
2.11 	subdivision 3, is amended to read:
2.12 		Subd. 3.Scope.  This chapter regulates the collection,
2.13 	creation, storage, maintenance, dissemination, and access to
2.14 	government data in state agencies, statewide systems, and
2.15 	political subdivisions government entities.  It establishes a
2.16 	presumption that government data are public and are accessible
2.17 	by the public for both inspection and copying unless there is
2.18 	federal law, a state statute, or a temporary classification of
2.19 	data that provides that certain data are not public.

2.20 	Sec. 4. Minnesota Statutes 2004, section 13.02,
2.21 	subdivision 7, is amended to read:
2.22 		Subd. 7.Government data.  "Government data" means all
2.23 	data collected, created, received, maintained or disseminated by
2.24 	any state agency, political subdivision, or statewide
2.25 	system government entity regardless of its physical form,
2.26 	storage media or conditions of use.

2.27 	Sec. 5. Minnesota Statutes 2004, section 13.03,
2.28 	subdivision 1, is amended to read:
2.29 		Subdivision 1.Public data.  All government data
2.30 	collected, created, received, maintained or disseminated by a
2.31 	state agency, political subdivision, or statewide
2.32 	system government entity shall be public unless classified by
2.33 	statute, or temporary classification pursuant to section 13.06,
2.34 	or federal law, as nonpublic or protected nonpublic, or with
2.35 	respect to data on individuals, as private or confidential. The
2.36 	responsible authority in every state agency, political
3.1 	subdivision and statewide system government entity shall keep
3.2 	records containing government data in such an arrangement and
3.3 	condition as to make them easily accessible for convenient use.
3.4 	Photographic, photostatic, microphotographic, or microfilmed
3.5 	records shall be considered as accessible for convenient use
3.6 	regardless of the size of such records.

3.7 	Sec. 6. Minnesota Statutes 2004, section 13.03,
3.8 	subdivision 2, is amended to read:
3.9 		Subd. 2.Procedures.  (a) The responsible authority in
3.10 	every state agency, political subdivision, and statewide
3.11 	system government entity shall establish procedures, consistent
3.12 	with this chapter, to insure that requests for government data
3.13 	are received and complied with in an appropriate and prompt
3.14 	manner.
3.15 	(b) The responsible authority shall prepare public access
3.16 	procedures in written form and update them no later than August
3.17 	1 of each year as necessary to reflect any changes in personnel
3.18 	or circumstances that might affect public access to government
3.19 	data.  The responsible authority shall make copies of the
3.20 	written public access procedures easily available to the public
3.21 	by distributing free copies of the procedures to the public or
3.22 	by posting a copy of the procedures in a conspicuous place
3.23 	within the government entity that is easily accessible to the
3.24 	public.
3.25 	(c) Full convenience and comprehensive accessibility shall
3.26 	be allowed to researchers including historians, genealogists and
3.27 	other scholars to carry out extensive research and complete
3.28 	copying of all records containing government data except as
3.29 	otherwise expressly provided by law.
3.30 	A responsible authority may designate one or more designees.

3.31 	Sec. 7. Minnesota Statutes 2004, section 13.03,
3.32 	subdivision 4, is amended to read:
3.33 		Subd. 4.Change in classification of data; effect of
3.34 	dissemination among agencies.  (a) The classification of data in
3.35 	the possession of an agency entity shall change if it is
3.36 	required to do so to comply with either judicial or
4.1 	administrative rules pertaining to the conduct of legal actions
4.2 	or with a specific statute applicable to the data in the
4.3 	possession of the disseminating or receiving agency entity.
4.4 	(b) If data on individuals is classified as both private
4.5 	and confidential by this chapter, or any other statute or
4.6 	federal law, the data is private.
4.7 	(c) To the extent that government data is disseminated to
4.8 	state agencies, political subdivisions, or statewide systems a
4.9 	government entity by another state agency, political
4.10 	subdivision, or statewide system government entity, the data
4.11 	disseminated shall have the same classification in the hands of
4.12 	the agency entity receiving it as it had in the hands of the
4.13 	entity providing it.
4.14 	(d) If a state agency, statewide system, or political
4.15 	subdivision government entity disseminates data to another state
4.16 	agency, statewide system, or political subdivision government
4.17 	entity, a classification provided for by law in the hands of the
4.18 	entity receiving the data does not affect the classification of
4.19 	the data in the hands of the entity that disseminates the data.

4.20 	Sec. 8. Minnesota Statutes 2004, section 13.03,
4.21 	subdivision 5, is amended to read:
4.22 		Subd. 5.Copyright or patent of government data.  A state
4.23 	agency, statewide system, or political subdivision government
4.24 	entity may enforce a copyright or acquire a patent for a
4.25 	computer software program or components of a program created by
4.26 	that government agency entity without statutory authority.  In
4.27 	the event that a government agency entity acquires a patent to a
4.28 	computer software program or component of a program, the data
4.29 	shall be treated as trade secret information pursuant to section
4.30 	13.37.

4.31 	Sec. 9. Minnesota Statutes 2004, section 13.03,
4.32 	subdivision 6, is amended to read:
4.33 		Subd. 6.Discoverability of not public data.  If a state
4.34 	agency, political subdivision, or statewide system government
4.35 	entity opposes discovery of government data or release of data
4.36 	pursuant to court order on the grounds that the data are
5.1 	classified as not public, the party that seeks access to the
5.2 	data may bring before the appropriate presiding judicial
5.3 	officer, arbitrator, or administrative law judge an action to
5.4 	compel discovery or an action in the nature of an action to
5.5 	compel discovery.
5.6 	The presiding officer shall first decide whether the data
5.7 	are discoverable or releasable pursuant to the rules of evidence
5.8 	and of criminal, civil, or administrative procedure appropriate
5.9 	to the action.
5.10 	If the data are discoverable the presiding officer shall
5.11 	decide whether the benefit to the party seeking access to the
5.12 	data outweighs any harm to the confidentiality interests of the
5.13 	agency entity maintaining the data, or of any person who has
5.14 	provided the data or who is the subject of the data, or to the
5.15 	privacy interest of an individual identified in the data.  In
5.16 	making the decision, the presiding officer shall consider
5.17 	whether notice to the subject of the data is warranted and, if
5.18 	warranted, what type of notice must be given.  The presiding
5.19 	officer may fashion and issue any protective orders necessary to
5.20 	assure proper handling of the data by the parties.  If the data
5.21 	are a videotape of a child victim or alleged victim alleging,
5.22 	explaining, denying, or describing an act of physical or sexual
5.23 	abuse, the presiding officer shall consider the provisions of
5.24 	section 611A.90, subdivision 2, paragraph (b).

5.25 	Sec. 10. Minnesota Statutes 2004, section 13.03,
5.26 	subdivision 8, is amended to read:
5.27 		Subd. 8.Change to classification of data not on
5.28 	individuals.  Except for security information, nonpublic and
5.29 	protected nonpublic data shall become public either ten years
5.30 	after the creation of the data by the government agency entity 
5.31 	or ten years after the data was received or collected by any
5.32 	governmental agency entity unless the responsible authority for
5.33 	the originating or custodial agency entity for the data
5.34 	reasonably determines that, if the data were made available to
5.35 	the public or to the data subject, the harm to the public or to
5.36 	a data subject would outweigh the benefit to the public or to
6.1 	the data subject.  If the responsible authority denies access to
6.2 	the data, the person denied access may challenge the denial by
6.3 	bringing an action in district court seeking release of the
6.4 	data.  The action shall be brought in the district court located
6.5 	in the county where the data are being maintained, or, in the
6.6 	case of data maintained by a state agency, in any county.  The
6.7 	data in dispute shall be examined by the court in camera.  In
6.8 	deciding whether or not to release the data, the court shall
6.9 	consider the benefits and harms in the same manner as set forth
6.10 	above.  The court shall make a written statement of findings in
6.11 	support of its decision.

6.12 	Sec. 11. Minnesota Statutes 2004, section 13.04,
6.13 	subdivision 2, is amended to read:
6.14 		Subd. 2.Information required to be given individual.  An
6.15 	individual asked to supply private or confidential data
6.16 	concerning the individual shall be informed of:  (a) the purpose
6.17 	and intended use of the requested data within the collecting
6.18 	state agency, political subdivision, or statewide
6.19 	system government entity; (b) whether the individual may refuse
6.20 	or is legally required to supply the requested data; (c) any
6.21 	known consequence arising from supplying or refusing to supply
6.22 	private or confidential data; and (d) the identity of other
6.23 	persons or entities authorized by state or federal law to
6.24 	receive the data.  This requirement shall not apply when an
6.25 	individual is asked to supply investigative data, pursuant to
6.26 	section 13.82, subdivision 7, to a law enforcement officer.

6.27 	Sec. 12. Minnesota Statutes 2004, section 13.04,
6.28 	subdivision 4, is amended to read:
6.29 		Subd. 4.Procedure when data is not accurate or
6.30 	complete.  (a) An individual subject of the data may contest the
6.31 	accuracy or completeness of public or private data.  To exercise
6.32 	this right, an individual shall notify in writing the
6.33 	responsible authority describing the nature of the
6.34 	disagreement.  The responsible authority shall within 30 days
6.35 	either:  (1) correct the data found to be inaccurate or
6.36 	incomplete and attempt to notify past recipients of inaccurate
7.1 	or incomplete data, including recipients named by the
7.2 	individual; or (2) notify the individual that the authority
7.3 	believes the data to be correct.  Data in dispute shall be
7.4 	disclosed only if the individual's statement of disagreement is
7.5 	included with the disclosed data.
7.6 	The determination of the responsible authority may be
7.7 	appealed pursuant to the provisions of the Administrative
7.8 	Procedure Act relating to contested cases.  Upon receipt of an
7.9 	appeal by an individual, the commissioner shall, before issuing
7.10 	the order and notice of a contested case hearing required by
7.11 	chapter 14, try to resolve the dispute through education,
7.12 	conference, conciliation, or persuasion.  If the parties
7.13 	consent, the commissioner may refer the matter to mediation.
7.14 	Following these efforts, the commissioner shall dismiss the
7.15 	appeal or issue the order and notice of hearing.
7.16 	(b) Data on individuals that have been successfully
7.17 	challenged by an individual must be completed, corrected, or
7.18 	destroyed by a state agency, political subdivision, or statewide
7.19 	system without regard to the requirements of section 138.17.
7.20 	After completing, correcting, or destroying successfully
7.21 	challenged data, a state agency, political subdivision, or
7.22 	statewide system government entity may retain a copy of the
7.23 	commissioner of administration's order issued under chapter 14
7.24 	or, if no order were issued, a summary of the dispute between
7.25 	the parties that does not contain any particulars of the
7.26 	successfully challenged data.

7.27 	Sec. 13. Minnesota Statutes 2004, section 13.05,
7.28 	subdivision 1, is amended to read:
7.29 		Subdivision 1.Public document of data categories.  The
7.30 	responsible authority shall prepare a public document containing
7.31 	the authority's name, title and address, and a description of
7.32 	each category of record, file, or process relating to private or
7.33 	confidential data on individuals maintained by the
7.34 	authority's state agency, statewide system, or political
7.35 	subdivision government entity.  Forms used to collect private
7.36 	and confidential data shall be included in the public document.
8.1 	Beginning August 1, 1977 and annually thereafter, the
8.2 	responsible authority shall update the public document and make
8.3 	any changes necessary to maintain the accuracy of the document.
8.4 	The document shall be available from the responsible authority
8.5 	to the public in accordance with the provisions of sections
8.6 	13.03 and 15.17.

8.7 	Sec. 14. Minnesota Statutes 2004, section 13.05,
8.8 	subdivision 4, is amended to read:
8.9 		Subd. 4.Limitations on collection and use of data.
 8.10 	Private or confidential data on an individual shall not be
8.11 	collected, stored, used, or disseminated by political
8.12 	subdivisions, statewide systems, or state agencies government
8.13 	entities for any purposes other than those stated to the
8.14 	individual at the time of collection in accordance with section
8.15 	13.04, except as provided in this subdivision.
8.16 	(a) Data collected prior to August 1, 1975, and which have
8.17 	not been treated as public data, may be used, stored, and
8.18 	disseminated for the purposes for which the data was originally
8.19 	collected or for purposes which are specifically approved by the
8.20 	commissioner as necessary to public health, safety, or welfare.
8.21 	(b) Private or confidential data may be used and
8.22 	disseminated to individuals or agencies entities specifically
8.23 	authorized access to that data by state, local, or federal law
8.24 	enacted or promulgated after the collection of the data.
8.25 	(c) Private or confidential data may be used and
8.26 	disseminated to individuals or agencies entities subsequent to
8.27 	the collection of the data when the responsible authority
8.28 	maintaining the data has requested approval for a new or
8.29 	different use or dissemination of the data and that request has
8.30 	been specifically approved by the commissioner as necessary to
8.31 	carry out a function assigned by law.
8.32 	(d) Private data may be used by and disseminated to any
8.33 	person or agency entity if the individual subject or subjects of
8.34 	the data have given their informed consent.  Whether a data
8.35 	subject has given informed consent shall be determined by rules
8.36 	of the commissioner.  The format for informed consent is as
9.1 	follows, unless otherwise prescribed by the HIPAA, Standards for
9.2 	Privacy of Individually Identifiable Health Information, 65 Fed.
9.3 	Reg. 82, 461 (2000) (to be codified as Code of Federal
9.4 	Regulations, title 45, section 164):  informed consent shall not
9.5 	be deemed to have been given by an individual subject of the
9.6 	data by the signing of any statement authorizing any person
9.7 	or agency entity to disclose information about the individual to
9.8 	an insurer or its authorized representative, unless the
9.9 	statement is:
9.10 	(1) in plain language;
9.11 	(2) dated;
9.12 	(3) specific in designating the particular persons or
9.13 	agencies the data subject is authorizing to disclose information
9.14 	about the data subject;
9.15 	(4) specific as to the nature of the information the
9.16 	subject is authorizing to be disclosed;
9.17 	(5) specific as to the persons or agencies entities to whom
9.18 	the subject is authorizing information to be disclosed;
9.19 	(6) specific as to the purpose or purposes for which the
9.20 	information may be used by any of the parties named in clause
9.21 	(5), both at the time of the disclosure and at any time in the
9.22 	future;
9.23 	(7) specific as to its expiration date which should be
9.24 	within a reasonable period of time, not to exceed one year
9.25 	except in the case of authorizations given in connection with
9.26 	applications for (i) life insurance or noncancelable or
9.27 	guaranteed renewable health insurance and identified as such,
9.28 	two years after the date of the policy or (ii) medical
9.29 	assistance under chapter 256B or MinnesotaCare under chapter
9.30 	256L, which shall be ongoing during all terms of eligibility,
9.31 	for individual education plan health-related services provided
9.32 	by a school district under section 125A.21, subdivision 2.
9.33 	The responsible authority may require a person requesting
9.34 	copies of data under this paragraph to pay the actual costs of
9.35 	making, certifying, and compiling the copies.
9.36 	(e) Private or confidential data on an individual may be
10.1 	discussed at a meeting open to the public to the extent provided
10.2 	in section 13D.05.

10.3 	Sec. 15. Minnesota Statutes 2004, section 13.05,
10.4 	subdivision 6, is amended to read:
10.5 		Subd. 6.Contracts.  Except as provided in section 13.46,
10.6 	subdivision 5, in any contract between a governmental
10.7 	unit government entity subject to this chapter and any person,
10.8 	when the contract requires that data on individuals be made
10.9 	available to the contracting parties by the governmental unit 
10.10 	government entity, that data shall be administered consistent
10.11 	with this chapter.  A contracting party shall maintain the data
10.12 	on individuals which it received according to the statutory
10.13 	provisions applicable to the data.

10.14 	Sec. 16. Minnesota Statutes 2004, section 13.05,
10.15 	subdivision 7, is amended to read:
10.16 		Subd. 7.Preparation of summary data.  The use of summary
10.17 	data derived from private or confidential data on individuals
10.18 	under the jurisdiction of one or more responsible authorities is
10.19 	permitted.  Unless classified pursuant to section 13.06, another
10.20 	statute, or federal law, summary data is public.  The
10.21 	responsible authority shall prepare summary data from private or
10.22 	confidential data on individuals upon the request of any person
10.23 	if the request is in writing and the cost of preparing the
10.24 	summary data is borne by the requesting person.  The responsible
10.25 	authority may delegate the power to prepare summary data (1) to
10.26 	the administrative officer responsible for any central
10.27 	repository of summary data; or (2) to a person outside of its
10.28 	agency the entity if the person's purpose is set forth, in
10.29 	writing, and the person agrees not to disclose, and the
10.30 	agency entity reasonably determines that the access will not
10.31 	compromise private or confidential data on individuals.

10.32 	Sec. 17. Minnesota Statutes 2004, section 13.05,
10.33 	subdivision 8, is amended to read:
10.34 		Subd. 8.Publication of access procedures.  The
10.35 	responsible authority shall prepare a public document setting
10.36 	forth in writing the rights of the data subject pursuant to
11.1 	section 13.04 and the specific procedures in effect in the state
11.2 	agency, statewide system or political subdivision government
11.3 	entity for access by the data subject to public or private data
11.4 	on individuals.

11.5 	Sec. 18. Minnesota Statutes 2004, section 13.05,
11.6 	subdivision 9, is amended to read:
11.7 		Subd. 9.Intergovernmental access of data.  A responsible
11.8 	authority shall allow another responsible authority access to
11.9 	data classified as not public only when the access is authorized
11.10 	or required by statute or federal law.  An agency entity that
11.11 	supplies government data under this subdivision may require the
11.12 	requesting agency entity to pay the actual cost of supplying the
11.13 	data.

11.14 	Sec. 19. Minnesota Statutes 2004, section 13.06,
11.15 	subdivision 1, is amended to read:
11.16 		Subdivision 1.Application to commissioner.
 11.17 	Notwithstanding the provisions of section 13.03, the responsible
11.18 	authority of a state agency, political subdivision, or statewide
11.19 	system government entity may apply to the commissioner for
11.20 	permission to classify data or types of data on individuals as
11.21 	private or confidential, or data not on individuals as nonpublic
11.22 	or protected nonpublic, for its own use and for the use of other
11.23 	similar agencies, political subdivisions, or statewide
11.24 	systems government entities on a temporary basis until a
11.25 	proposed statute can be acted upon by the legislature.  The
11.26 	application for temporary classification is public.
11.27 	Upon the filing of an application for temporary
11.28 	classification, the data which is the subject of the application
11.29 	shall be deemed to be classified as set forth in the application
11.30 	for a period of 45 days, or until the application is
11.31 	disapproved, rejected, or granted by the commissioner, whichever
11.32 	is earlier.
11.33 	If the commissioner determines that an application has been
11.34 	submitted for purposes not consistent with this section, the
11.35 	commissioner may immediately reject the application, give notice
11.36 	of that rejection to the applicant, and return the application.
12.1 	When the applicant receives the notice of rejection from the
12.2 	commissioner, the data which was the subject of the application
12.3 	shall have the classification it had before the application was
12.4 	submitted to the commissioner.

12.5 	Sec. 20. Minnesota Statutes 2004, section 13.06,
12.6 	subdivision 2, is amended to read:
12.7 		Subd. 2.Contents of application for private or
12.8 	confidential data.  An application for temporary classification
12.9 	of data on individuals shall include and the applicant shall
12.10 	have the burden of clearly establishing that no statute
12.11 	currently exists which either allows or forbids classification
12.12 	as private or confidential; and either
12.13 	(a) that data similar to that for which the temporary
12.14 	classification is sought has been treated as either private or
12.15 	confidential by other state agencies or political
12.16 	subdivisions government entities, and by the public; or
12.17 	(b) that a compelling need exists for immediate temporary
12.18 	classification, which if not granted could adversely affect the
12.19 	public interest or the health, safety, well being or reputation
12.20 	of the data subject.

12.21 	Sec. 21. Minnesota Statutes 2004, section 13.06,
12.22 	subdivision 3, is amended to read:
12.23 		Subd. 3.Contents of application for nonpublic or
12.24 	nonpublic protected data.  An application for temporary
12.25 	classification of government data not on individuals shall
12.26 	include and the applicant shall have the burden of clearly
12.27 	establishing that no statute currently exists which either
12.28 	allows or forbids classification as nonpublic or protected
12.29 	nonpublic; and either
12.30 	(a) that data similar to that for which the temporary
12.31 	classification is sought has been treated as nonpublic or
12.32 	protected nonpublic by other state agencies or political
12.33 	subdivisions government entities, and by the public; or
12.34 	(b) public access to the data would render unworkable a
12.35 	program authorized by law; or
12.36 	(c) that a compelling need exists for immediate temporary
13.1 	classification, which if not granted could adversely affect the
13.2 	health, safety or welfare of the public.

13.3 	Sec. 22. Minnesota Statutes 2004, section 13.06,
13.4 	subdivision 4, is amended to read:
13.5 		Subd. 4.Procedure when classification affects others.
 13.6 	If the commissioner determines that an application for temporary
13.7 	classification involves data which would reasonably be
13.8 	classified in the same manner by all agencies, political
13.9 	subdivisions, or statewide systems government entities similar
13.10 	to the one which made the application, the commissioner may
13.11 	approve or disapprove the classification for data of the kind
13.12 	which is the subject of the application for the use of
13.13 	all agencies, political subdivisions, or statewide
13.14 	systems government entities similar to the applicant.  On
13.15 	deeming this approach advisable, the commissioner shall provide
13.16 	notice of the proposed action by publication in the State
13.17 	Register within ten days of receiving the application.  Within
13.18 	30 days after publication in the State Register an
13.19 	affected agency, political subdivision,government entity or the
13.20 	public, or statewide system may submit comments on the
13.21 	commissioner's proposal.  The commissioner shall consider any
13.22 	comments received when granting or denying a classification for
13.23 	data of the kind which is the subject of the application, for
13.24 	the use of all agencies, political subdivisions, or statewide
13.25 	systems government entities similar to the applicant.  Within 45
13.26 	days after the close of the period for submitting comment, the
13.27 	commissioner shall grant or disapprove the application.
13.28 	Applications processed under this subdivision shall be either
13.29 	approved or disapproved by the commissioner within 90 days of
13.30 	the receipt of the application.  For purposes of subdivision 1,
13.31 	the data which is the subject of the classification shall be
13.32 	deemed to be classified as set forth in the application for a
13.33 	period of 90 days, or until the application is disapproved or
13.34 	granted by the commissioner, whichever is earlier.  If requested
13.35 	in the application, or determined to be necessary by the
13.36 	commissioner, the data in the application shall be so classified
14.1 	for all agencies, political subdivisions, or statewide
14.2 	systems government entities similar to the applicant until the
14.3 	application is disapproved or granted by the commissioner,
14.4 	whichever is earlier.  Proceedings after the grant or
14.5 	disapproval shall be governed by the provisions of subdivision 5.

14.6 	Sec. 23. Minnesota Statutes 2004, section 13.07, is
14.7 	amended to read:
14.8 	13.07 DUTIES OF THE COMMISSIONER.
14.9 	The commissioner shall promulgate rules, in accordance with
14.10 	the rulemaking procedures in the Administrative Procedure Act
14.11 	which shall apply to state agencies, statewide systems and
14.12 	political subdivisions government entities to implement the
14.13 	enforcement and administration of this chapter.  The rules shall
14.14 	not affect section 13.04, relating to rights of subjects of
14.15 	data.  Prior to the adoption of rules authorized by this section
14.16 	the commissioner shall give notice to all state agencies and
14.17 	political subdivisions in the same manner and in addition to
14.18 	other parties as required by section 14.06 of the date and place
14.19 	of hearing, enclosing a copy of the rules to be adopted.

14.20 	Sec. 24. Minnesota Statutes 2004, section 13.072,
14.21 	subdivision 4, is amended to read:
14.22 		Subd. 4.Data submitted to commissioner.  A state agency,
14.23 	statewide system, or political subdivision government entity may
14.24 	submit not public data to the commissioner for the purpose of
14.25 	requesting or responding to a person's request for an opinion.
14.26 	Government data submitted to the commissioner by a state agency,
14.27 	statewide system, or political subdivision government entity or
14.28 	copies of government data submitted by other persons have the
14.29 	same classification as the data have when held by the state
14.30 	agency, statewide system, or political subdivision government
14.31 	entity.  If the nature of the opinion is such that the release
14.32 	of the opinion would reveal not public data, the commissioner
14.33 	may issue an opinion using pseudonyms for individuals.  Data
14.34 	maintained by the commissioner, in the record of an opinion
14.35 	issued using pseudonyms that would reveal the identities of
14.36 	individuals protected by the use of the pseudonyms, are private
15.1 	data on individuals.

15.2 	Sec. 25. Minnesota Statutes 2004, section 13.073,
15.3 	subdivision 3, is amended to read:
15.4 		Subd. 3.Basic training.  The basic training component
15.5 	should be designed to meet the basic information policy needs of
15.6 	all government employees and public officials with a focus on
15.7 	key data practices laws and procedures that apply to all
15.8 	government entities.  The commissioner should design the basic
15.9 	training component in a manner that minimizes duplication of the
15.10 	effort and cost for government entities to provide basic
15.11 	training.  The commissioner may develop general programs and
15.12 	materials for basic training such as video presentations, data
15.13 	practices booklets, and training guides.  The commissioner may
15.14 	assist state and local government agencies entities in
15.15 	developing training expertise within their own agencies entities 
15.16 	and offer assistance for periodic training sessions for this
15.17 	purpose.

15.18 	Sec. 26. Minnesota Statutes 2004, section 13.08,
15.19 	subdivision 1, is amended to read:
15.20 		Subdivision 1.Action for damages.  Notwithstanding
15.21 	section 466.03, a political subdivision,responsible authority,
15.22 	statewide system,or state agency government entity which
15.23 	violates any provision of this chapter is liable to a person or
15.24 	representative of a decedent who suffers any damage as a result
15.25 	of the violation, and the person damaged or a representative in
15.26 	the case of private data on decedents or confidential data on
15.27 	decedents may bring an action against the political subdivision,
15.28 	responsible authority, statewide system or state agency 
15.29 	government entity to cover any damages sustained, plus costs and
15.30 	reasonable attorney fees.  In the case of a willful violation,
15.31 	the political subdivision, statewide system or state
15.32 	agency government entity shall, in addition, be liable to
15.33 	exemplary damages of not less than $100, nor more than $10,000
15.34 	for each violation.  The state is deemed to have waived any
15.35 	immunity to a cause of action brought under this chapter.

15.36 	Sec. 27. Minnesota Statutes 2004, section 13.08,
16.1 	subdivision 2, is amended to read:
16.2 		Subd. 2.Injunction.  A political subdivision,
16.3 	responsible authority, statewide system or state agency 
16.4 	government entity which violates or proposes to violate this
16.5 	chapter may be enjoined by the district court.  The court may
16.6 	make any order or judgment as may be necessary to prevent the
16.7 	use or employment by any person of any practices which violate
16.8 	this chapter.

16.9 	Sec. 28. Minnesota Statutes 2004, section 13.08,
16.10 	subdivision 5, is amended to read:
16.11 		Subd. 5.Immunity from liability.  A state agency,
16.12 	statewide system, political subdivision,government entity or
16.13 	person that releases not public data pursuant to an order under
16.14 	section 13.03, subdivision 6 is immune from civil and criminal
16.15 	liability.

16.16 	Sec. 29. Minnesota Statutes 2004, section 13.203, is
16.17 	amended to read:
16.18 	13.203 SERVICE COOPERATIVE CLAIMS DATA.
16.19 	(a) Claims experience and all related information received
16.20 	from carriers and claims administrators participating in a group
16.21 	health or dental plan, including any long-term disability plan,
16.22 	offered through the Minnesota service cooperatives to Minnesota
16.23 	school districts and other political subdivisions, and survey
16.24 	information collected from employees and employers participating
16.25 	in these plans and programs, except when the executive director
16.26 	of a Minnesota service cooperative determines that release of
16.27 	the data will not be detrimental to the plan or program, are
16.28 	classified as nonpublic data not on individuals.
16.29 	(b) Any data classified by this section must, upon request,
16.30 	be disclosed to the following:
16.31 	(1) a company bidding to provide insurance coverage to a
16.32 	public entity that is provided insurance by the service
16.33 	cooperative;
16.34 	(2) a government entity participating in the service
16.35 	cooperative;
16.36 	(3) an exclusive bargaining representative that represents
17.1 	employees who receive insurance through the service cooperative;
17.2 	and 
17.3 	(4) the Minnesota commissioners of employee relations and
17.4 	finance.

17.5 	EFFECTIVE DATE. This section is effective the day
17.6 	following final enactment.

17.7 	Sec. 30. Minnesota Statutes 2004, section 13.32, is
17.8 	amended by adding a subdivision to read:
17.9 		Subd. 10.Education records; child with disability.
 17.10 	Nothing in this chapter shall be construed as limiting the
17.11 	frequency of inspection of the educational records of a child
17.12 	with a disability by the child's parent or guardian or by the
17.13 	child upon the child reaching the age of majority.  An agency or
17.14 	institution may not charge a fee to search for or to retrieve
17.15 	the educational records.  An agency or institution that receives
17.16 	a request for copies of the educational records of a child with
17.17 	a disability may charge a fee that reflects the costs of
17.18 	reproducing the records except when to do so would impair the
17.19 	ability of the child's parent or guardian, or the child who has
17.20 	reached the age of majority, to exercise their right to inspect
17.21 	and review those records.

17.22 	Sec. 31. Minnesota Statutes 2004, section 13.3805, is
17.23 	amended by adding a subdivision to read:
17.24 		Subd. 3.Office of health facility complaints;
17.25 	investigative data. Except for investigative data under section
17.26 	626.556, all investigative data maintained by the Department of
17.27 	Health's Office of Health Facility Complaints are subject to
17.28 	provisions of and classified pursuant to section 626.557,
17.29 	subdivision 12b, paragraphs (b) to (d).  Notwithstanding
17.30 	sections 626.556, subdivision 11, and 626.557, subdivision 12b,
17.31 	paragraph (b), data identifying an individual substantiated as
17.32 	the perpetrator are public data.  For purposes of this
17.33 	subdivision, an individual is substantiated as the perpetrator
17.34 	if the commissioner of health determines that the individual is
17.35 	the perpetrator and the determination of the commissioner is
17.36 	upheld after the individual either exercises applicable
18.1 	administrative appeal rights or fails to exercise these rights
18.2 	within the time allowed by law.

18.3 	Sec. 32. Minnesota Statutes 2004, section 13.43,
18.4 	subdivision 1, is amended to read:
18.5 		Subdivision 1.Definition.  As used in this section,
18.6 	"personnel data" means data on individuals collected because the
18.7 	individual is or was an employee of or an applicant for
18.8 	employment by, performs services on a voluntary basis for, or
18.9 	acts as an independent contractor with a state agency, statewide
18.10 	system or political subdivision or is a member of or an
18.11 	applicant for an advisory board or commission government entity.
18.12 	Personnel data includes data submitted by an employee to a
18.13 	government entity as part of an organized self-evaluation effort
18.14 	by the government entity to request suggestions from all
18.15 	employees on ways to cut costs, make government more efficient,
18.16 	or improve the operation of government.  An employee who is
18.17 	identified in a suggestion shall have access to all data in the
18.18 	suggestion except the identity of the employee making the
18.19 	suggestion.

18.20 	Sec. 33. Minnesota Statutes 2004, section 13.43,
18.21 	subdivision 2, is amended to read:
18.22 		Subd. 2.Public data.  (a) Except for employees described
18.23 	in subdivision 5 and subject to the limitations described in
18.24 	subdivision 5a, the following personnel data on current and
18.25 	former employees, volunteers, and independent contractors of
18.26 	a state agency, statewide system, or political subdivision and
18.27 	members of advisory boards or commissions government entity is
18.28 	public:
18.29 	(1) name; employee identification number, which must not be
18.30 	the employee's Social Security number; actual gross salary;
18.31 	salary range; contract fees; actual gross pension; the value and
18.32 	nature of employer paid fringe benefits; and the basis for and
18.33 	the amount of any added remuneration, including expense
18.34 	reimbursement, in addition to salary;
18.35 	(2) job title and bargaining unit; job description;
18.36 	education and training background; and previous work experience;
19.1 	(3) date of first and last employment;
19.2 	(4) the existence and status of any complaints or charges
19.3 	against the employee, regardless of whether the complaint or
19.4 	charge resulted in a disciplinary action;
19.5 	(5) the final disposition of any disciplinary action
19.6 	together with the specific reasons for the action and data
19.7 	documenting the basis of the action, excluding data that would
19.8 	identify confidential sources who are employees of the public
19.9 	body;
19.10 	(6) the terms of any agreement settling any dispute arising
19.11 	out of an employment relationship, including a buyout agreement
19.12 	as defined in section 123B.143, subdivision 2, paragraph (a);
19.13 	except that the agreement must include specific reasons for the
19.14 	agreement if it involves the payment of more than $10,000 of
19.15 	public money;
19.16 	(7) work location; a work telephone number; badge number;
19.17 	and honors and awards received; and
19.18 	(8) payroll time sheets or other comparable data that are
19.19 	only used to account for employee's work time for payroll
19.20 	purposes, except to the extent that release of time sheet data
19.21 	would reveal the employee's reasons for the use of sick or other
19.22 	medical leave or other not public data.
19.23 	(b) For purposes of this subdivision, a final disposition
19.24 	occurs when the state agency, statewide system, or political
19.25 	subdivision makes its final decision about the disciplinary
19.26 	action, regardless of the possibility of any later proceedings
19.27 	or court proceedings.  In the case of arbitration proceedings
19.28 	arising under collective bargaining agreements, a final
19.29 	disposition occurs at the conclusion of the arbitration
19.30 	proceedings, or upon the failure of the employee to elect
19.31 	arbitration within the time provided by the collective
19.32 	bargaining agreement.  Final disposition includes a resignation
19.33 	by an individual when the resignation occurs after the final
19.34 	decision of the state agency, statewide system, political
19.35 	subdivision, or arbitrator.
19.36 	(c) The state agency, statewide system, or political
20.1 	subdivision may display a photograph of a current or former
20.2 	employee to a prospective witness as part of the state agency's,
20.3 	statewide system's, or political subdivision's investigation of
20.4 	any complaint or charge against the employee.
20.5 	(d) A complainant has access to a statement provided by the
20.6 	complainant to a state agency, statewide system, or political
20.7 	subdivision in connection with a complaint or charge against an
20.8 	employee.
20.9 	(e) Notwithstanding paragraph (a), clause (5), upon
20.10 	completion of an investigation of a complaint or charge against
20.11 	a public official, or if a public official resigns or is
20.12 	terminated from employment while the complaint or charge is
20.13 	pending, all data relating to the complaint or charge are
20.14 	public, unless access to the data would jeopardize an active
20.15 	investigation or reveal confidential sources.  For purposes of
20.16 	this paragraph, "public official" means:
20.17 	(1) the head of a state agency and deputy and assistant
20.18 	state agency heads;
20.19 	(2) members of boards or commissions required by law to be
20.20 	appointed by the governor or other elective officers; and
20.21 	(3) executive or administrative heads of departments,
20.22 	bureaus, divisions, or institutions.

20.23 	Sec. 34. Minnesota Statutes 2004, section 13.43,
20.24 	subdivision 3, is amended to read:
20.25 		Subd. 3.Applicant data.  Except for applicants described
20.26 	in subdivision 5, the following personnel data on current and
20.27 	former applicants for employment by a state agency, statewide
20.28 	system or political subdivision or appointment to an advisory
20.29 	board or commission government entity is public:  veteran
20.30 	status; relevant test scores; rank on eligible list; job
20.31 	history; education and training; and work availability.  Names
20.32 	of applicants shall be private data except when certified as
20.33 	eligible for appointment to a vacancy or when applicants are
20.34 	considered by the appointing authority to be finalists for a
20.35 	position in public employment.  For purposes of this
20.36 	subdivision, "finalist" means an individual who is selected to
21.1 	be interviewed by the appointing authority prior to selection.
21.2 	Names and home addresses of applicants for appointment to and
21.3 	members of an advisory board or commission are public.

21.4 	Sec. 35. Minnesota Statutes 2004, section 13.46,
21.5 	subdivision 4, is amended to read:
21.6 		Subd. 4.Licensing data.  (a) As used in this subdivision:
21.7 	(1) "licensing data" means all data collected, maintained,
21.8 	used, or disseminated by the welfare system pertaining to
21.9 	persons licensed or registered or who apply for licensure or
21.10 	registration or who formerly were licensed or registered under
21.11 	the authority of the commissioner of human services;
21.12 	(2) "client" means a person who is receiving services from
21.13 	a licensee or from an applicant for licensure; and
21.14 	(3) "personal and personal financial data" means Social
21.15 	Security numbers, identity of and letters of reference,
21.16 	insurance information, reports from the Bureau of Criminal
21.17 	Apprehension, health examination reports, and social/home
21.18 	studies.
21.19 	(b)(1) Except as provided in paragraph (c), the following
21.20 	data on current and former licensees are public:  name, address,
21.21 	telephone number of licensees, date of receipt of a completed
21.22 	application, dates of licensure, licensed capacity, type of
21.23 	client preferred, variances granted, record of training and
21.24 	education in child care and child development,type of dwelling,
21.25 	name and relationship of other family members, previous license
21.26 	history, class of license, and the existence and status of
21.27 	complaints, and the number of serious injuries to or deaths of
21.28 	individuals in the licensed program as reported to the
21.29 	commissioner of human services, the local social services
21.30 	agency, or any other county welfare agency.  For purposes of
21.31 	this clause, a serious injury is one that is treated by a
21.32 	physician.  When a correction order or fine has been issued, a
21.33 	license is suspended, immediately suspended, revoked, denied, or
21.34 	made conditional, or a complaint is resolved, the following data
21.35 	on current and former licensees are public:  the substance and
21.36 	investigative findings of the licensing or maltreatment 
22.1 	complaint, licensing violation, or substantiated maltreatment;
22.2 	the record of informal resolution of a licensing violation;
22.3 	orders of hearing; findings of fact; conclusions of law;
22.4 	specifications of the final correction order, fine, suspension,
22.5 	immediate suspension, revocation, denial, or conditional license
22.6 	contained in the record of licensing action; and the status of
22.7 	any appeal of these actions. When an individual licensee is a
22.8 	substantiated perpetrator of maltreatment, and the substantiated
22.9 	maltreatment is a reason for the licensing action, the identity
22.10 	of the licensee as a perpetrator is public data.  For purposes
22.11 	of this clause, a person is a substantiated perpetrator if the
22.12 	maltreatment determination has been upheld under section
22.13 	626.556, subdivision 10i, 626.557, subdivision 9d, or 256.045,
22.14 	or an individual or facility has not timely exercised appeal
22.15 	rights under these sections.
22.16 	(2) Notwithstanding sections 626.556, subdivision 11, and
22.17 	626.557, subdivision 12b, when any person subject to
22.18 	disqualification under section 245C.14 in connection with a
22.19 	license to provide family day care for children, child care
22.20 	center services, foster care for children in the provider's
22.21 	home, or foster care or day care services for adults in the
22.22 	provider's home is a substantiated perpetrator of maltreatment,
22.23 	and the substantiated maltreatment is a reason for a licensing
22.24 	action, the identity of the substantiated perpetrator of
22.25 	maltreatment is public data.  For purposes of this clause, a
22.26 	person is a substantiated perpetrator if the maltreatment
22.27 	determination has been upheld under section 256.045; 626.556,
22.28 	subdivision 10i; 626.557, subdivision 9d; or chapter 14, or if
22.29 	an individual or facility has not timely exercised appeal rights
22.30 	under these sections.
22.31 	(2) (3) For applicants who withdraw their application prior
22.32 	to licensure or denial of a license, the following data are
22.33 	public:  the name of the applicant, the city and county in which
22.34 	the applicant was seeking licensure, the dates of the
22.35 	commissioner's receipt of the initial application and completed
22.36 	application, the type of license sought, and the date of
23.1 	withdrawal of the application.
23.2 	(3) (4) For applicants who are denied a license, the
23.3 	following data are public:  the name of the applicant, the city
23.4 	and county in which the applicant was seeking licensure, the
23.5 	dates of the commissioner's receipt of the initial application
23.6 	and completed application, the type of license sought, the date
23.7 	of denial of the application, the nature of the basis for the
23.8 	denial, and the status of any appeal of the denial.
23.9 	(4) (5) The following data on persons subject to
23.10 	disqualification under section 245C.14 in connection with a
23.11 	license to provide family day care for children, child care
23.12 	center services, foster care for children in the provider's
23.13 	home, or foster care or day care services for adults in the
23.14 	provider's home, are public:  the nature of any disqualification
23.15 	set aside under section 245C.22, subdivisions 2 and 4, and the
23.16 	reasons for setting aside the disqualification; the nature of
23.17 	any disqualification for which a variance was granted under
23.18 	sections 245A.04, subdivision 9; and 245C.30,and the reasons
23.19 	for granting any variance under section 245A.04, subdivision 9;
23.20 	and, if applicable, the disclosure that any person subject to a
23.21 	background study under section 245C.03, subdivision 1, has
23.22 	successfully passed a background study.
23.23 	(5) (6) When maltreatment is substantiated under section
23.24 	626.556 or 626.557 and the victim and the substantiated
23.25 	perpetrator are affiliated with a program licensed under chapter
23.26 	245A, the commissioner of human services, local social services
23.27 	agency, or county welfare agency may inform the license holder
23.28 	where the maltreatment occurred of the identity of the
23.29 	substantiated perpetrator and the victim.
23.30 	(c) The following are private data on individuals under
23.31 	section 13.02, subdivision 12, or nonpublic data under section
23.32 	13.02, subdivision 9:  personal and personal financial data on
23.33 	family day care program and family foster care program
23.34 	applicants and licensees and their family members who provide
23.35 	services under the license.
23.36 	(d) The following are private data on individuals:  the
24.1 	identity of persons who have made reports concerning licensees
24.2 	or applicants that appear in inactive investigative data, and
24.3 	the records of clients or employees of the licensee or applicant
24.4 	for licensure whose records are received by the licensing agency
24.5 	for purposes of review or in anticipation of a contested
24.6 	matter.  The names of reporters under sections 626.556 and
24.7 	626.557 may be disclosed only as provided in section 626.556,
24.8 	subdivision 11, or 626.557, subdivision 12b.
24.9 	(e) Data classified as private, confidential, nonpublic, or
24.10 	protected nonpublic under this subdivision become public data if
24.11 	submitted to a court or administrative law judge as part of a
24.12 	disciplinary proceeding in which there is a public hearing
24.13 	concerning a license which has been suspended, immediately
24.14 	suspended, revoked, or denied.
24.15 	(f) Data generated in the course of licensing
24.16 	investigations that relate to an alleged violation of law are
24.17 	investigative data under subdivision 3.
24.18 	(g) Data that are not public data collected, maintained,
24.19 	used, or disseminated under this subdivision that relate to or
24.20 	are derived from a report as defined in section 626.556,
24.21 	subdivision 2, or 626.5572, subdivision 18, are subject to the
24.22 	destruction provisions of sections 626.556, subdivision 11c, and
24.23 	626.557, subdivision 12b.
24.24 	(h) Upon request, not public data collected, maintained,
24.25 	used, or disseminated under this subdivision that relate to or
24.26 	are derived from a report of substantiated maltreatment as
24.27 	defined in section 626.556 or 626.557 may be exchanged with the
24.28 	Department of Health for purposes of completing background
24.29 	studies pursuant to section 144.057 and with the Department of
24.30 	Corrections for purposes of completing background studies
24.31 	pursuant to section 241.021.
24.32 	(i) Data on individuals collected according to licensing
24.33 	activities under chapters 245A and 245C, and data on individuals
24.34 	collected by the commissioner of human services according to
24.35 	maltreatment investigations under sections 626.556 and 626.557,
24.36 	may be shared with the Department of Human Rights, the
25.1 	Department of Health, the Department of Corrections, the
25.2 	Ombudsman for Mental Health and Retardation, and the
25.3 	individual's professional regulatory board when there is reason
25.4 	to believe that laws or standards under the jurisdiction of
25.5 	those agencies may have been violated.
25.6 	(j) In addition to the notice of determinations required
25.7 	under section 626.556, subdivision 10f, if the commissioner or
25.8 	the local social services agency has determined that an
25.9 	individual is a substantiated perpetrator of maltreatment of a
25.10 	child based on sexual abuse, as defined in section 626.556,
25.11 	subdivision 2, and the commissioner or local social services
25.12 	agency knows that the individual is a person responsible for a
25.13 	child's care in another facility, the commissioner or local
25.14 	social services agency shall notify the head of that facility of
25.15 	this determination.  The notification must include an
25.16 	explanation of the individual's available appeal rights and the
25.17 	status of any appeal.  If a notice is given under this
25.18 	paragraph, the government entity making the notification shall
25.19 	provide a copy of the notice to the individual who is the
25.20 	subject of the notice.

25.21 	Sec. 36. Minnesota Statutes 2004, section 13.601, is
25.22 	amended by adding a subdivision to read:
25.23 		Subd. 3.Applicants for election or appointment. All
25.24 	data about applicants for election or appointment to a public
25.25 	body, including those public bodies subject to chapter 13D, are
25.26 	public.

25.27 	Sec. 37. Minnesota Statutes 2004, section 13.82,
25.28 	subdivision 1, is amended to read:
25.29 		Subdivision 1.Application.  This section shall apply to
25.30 	agencies which carry on a law enforcement function, including
25.31 	but not limited to municipal police departments, county sheriff
25.32 	departments, fire departments, the Bureau of Criminal
25.33 	Apprehension, the Minnesota State Patrol, the Board of Peace
25.34 	Officer Standards and Training, the Division of Insurance Fraud
25.35 	Prevention in the Department of Commerce, and the program
25.36 	integrity section of, and county human service agency client and
26.1 	provider fraud prevention and control units operated or
26.2 	supervised by the Department of Human Services.

26.3 	Sec. 38. Minnesota Statutes 2004, section 13.82,
26.4 	subdivision 16, is amended to read:
26.5 		Subd. 16.Public access.  When data is classified as
26.6 	public under this section, a law enforcement agency shall not be
26.7 	required to make the actual physical data available to the
26.8 	public if it is not administratively feasible to segregate the
26.9 	public data from the confidential not public.  However, the
26.10 	agency must make the information described as public data
26.11 	available to the public in a reasonable manner.  When
26.12 	investigative data becomes inactive, as described in subdivision
26.13 	7, the actual physical data associated with that investigation,
26.14 	including the public data, shall be available for public access.

26.15 	Sec. 39. [41A.0235] BOARD MEETINGS BY TELEPHONE OR OTHER
26.16 	ELECTRONIC MEANS.
26.17 	(a) If compliance with section 13D.02 is impractical, the
26.18 	Minnesota Agricultural and Economic Development Board may
26.19 	conduct a meeting of its members by telephone or other
26.20 	electronic means so long as the following conditions are met:
26.21 	(1) all members of the board participating in the meeting,
26.22 	wherever their physical location, can hear one another and can
26.23 	hear all discussion and testimony;
26.24 	(2) members of the public present at the regular meeting
26.25 	location of the board can hear clearly and understand all
26.26 	discussion and testimony and all votes of members of the board;
26.27 	(3) at least one member of the board is physically present
26.28 	at the regular meeting location; and 
26.29 	(4) all votes are conducted by roll call, so each member's
26.30 	vote on each issue can be identified and recorded.
26.31 	(b) Each member of the board participating in a meeting by
26.32 	telephone or other electronic means is considered present at the
26.33 	meeting for purposes of determining a quorum and participating
26.34 	in all proceedings.
26.35 	(c) If telephone or other electronic means is used to
26.36 	conduct a meeting, the board, to the extent practical, shall
27.1 	allow a person to monitor the meeting electronically from a
27.2 	remote location.  The board may require the person making such a
27.3 	connection to pay for documented marginal costs that the board
27.4 	incurs as a result of the additional connection.
27.5 	(d) If telephone or other electronic means is used to
27.6 	conduct a regular, special, or emergency meeting, the board
27.7 	shall provide notice of the regular meeting location, of the
27.8 	fact that some members may participate by telephone or other
27.9 	electronic means, and of the provisions of paragraph (c).  The
27.10 	timing and method of providing notice is governed by section
27.11 	13D.04.

27.12 	Sec. 40. Minnesota Statutes 2004, section 116J.68, is
27.13 	amended by adding a subdivision to read:
27.14 		Subd. 5.Advisory board meetings. (a) If compliance with
27.15 	section 13D.02 is impractical, the Small Business Development
27.16 	Center Advisory Board, created pursuant to United State Code,
27.17 	title 15, section 648, may conduct a meeting of its members by
27.18 	telephone or other electronic means so long as the following
27.19 	conditions are met:
27.20 	(1) all members of the board participating in the meeting,
27.21 	wherever their physical location, can hear one another and can
27.22 	hear all discussion and testimony;
27.23 	(2) members of the public present at the regular meeting
27.24 	location of the board can hear clearly and understand all
27.25 	discussion and testimony and all votes of members of the board;
27.26 	(3) at least one member of the board is physically present
27.27 	at the regular meeting location; and 
27.28 	(4) all votes are conducted by roll call, so each member's
27.29 	vote on each issue can be identified and recorded.
27.30 	(b) Each member of the board participating in a meeting by
27.31 	telephone or other electronic means is considered present at the
27.32 	meeting for purposes of determining a quorum and participating
27.33 	in all proceedings.
27.34 	(c) If telephone or other electronic means is used to
27.35 	conduct a meeting, the board, to the extent practical, shall
27.36 	allow a person to monitor the meeting electronically from a
28.1 	remote location.  The board may require the person making such a
28.2 	connection to pay for documented marginal costs that the board
28.3 	incurs as a result of the additional connection.
28.4 	(d) If telephone or other electronic means is used to
28.5 	conduct a regular, special, or emergency meeting, the board
28.6 	shall provide notice of the regular meeting location, of the
28.7 	fact that some members may participate by telephone or other
28.8 	electronic means, and of the provisions of paragraph (c).  The
28.9 	timing and method of providing notice is governed by section
28.10 	13D.04.

28.11 	Sec. 41. Minnesota Statutes 2004, section 116L.03, is
28.12 	amended by adding a subdivision to read:
28.13 		Subd. 8.Board meetings. (a) If compliance with section
28.14 	13D.02 is impractical, the Minnesota Job Skills Partnership
28.15 	Board may conduct a meeting of its members by telephone or other
28.16 	electronic means so long as the following conditions are met:
28.17 	(1) all members of the board participating in the meeting,
28.18 	wherever their physical location, can hear one another and can
28.19 	hear all discussion and testimony;
28.20 	(2) members of the public present at the regular meeting
28.21 	location of the board can hear clearly and understand all
28.22 	discussion and testimony and all votes of members of the board;
28.23 	(3) at least one member of the board is physically present
28.24 	at the regular meeting location; and 
28.25 	(4) all votes are conducted by roll call, so each member's
28.26 	vote on each issue can be identified and recorded.
28.27 	(b) Each member of the board participating in a meeting by
28.28 	telephone or other electronic means is considered present at the
28.29 	meeting for purposes of determining a quorum and participating
28.30 	in all proceedings.
28.31 	(c) If telephone or other electronic means is used to
28.32 	conduct a meeting, the board, to the extent practical, shall
28.33 	allow a person to monitor the meeting electronically from a
28.34 	remote location.  The board may require the person making such a
28.35 	connection to pay for documented marginal costs that the board
28.36 	incurs as a result of the additional connection.
29.1 	(d) If telephone or other electronic means is used to
29.2 	conduct a regular, special, or emergency meeting, the board
29.3 	shall provide notice of the regular meeting location, of the
29.4 	fact that some members may participate by telephone or other
29.5 	electronic means, and of the provisions of paragraph (c).  The
29.6 	timing and method of providing notice is governed by section
29.7 	13D.04.

29.8 	Sec. 42. Minnesota Statutes 2004, section 116L.665, is
29.9 	amended by adding a subdivision to read:
29.10 		Subd. 2a.Council meetings. (a) If compliance with
29.11 	section 13D.02 is impractical, the Governor's Workforce
29.12 	Development Council may conduct a meeting of its members by
29.13 	telephone or other electronic means so long as the following
29.14 	conditions are met:
29.15 	(1) all members of the council participating in the
29.16 	meeting, wherever their physical location, can hear one another
29.17 	and can hear all discussion and testimony;
29.18 	(2) members of the public present at the regular meeting
29.19 	location of the council can hear clearly and understand all
29.20 	discussion and testimony and all votes of members of the
29.21 	council;
29.22 	(3) at least one member of the council is physically
29.23 	present at the regular meeting location; and 
29.24 	(4) all votes are conducted by roll call, so each member's
29.25 	vote on each issue can be identified and recorded.
29.26 	(b) Each member of the council participating in a meeting
29.27 	by telephone or other electronic means is considered present at
29.28 	the meeting for purposes of determining a quorum and
29.29 	participating in all proceedings.
29.30 	(c) If telephone or other electronic means is used to
29.31 	conduct a meeting, the council, to the extent practical, shall
29.32 	allow a person to monitor the meeting electronically from a
29.33 	remote location.  The council may require the person making such
29.34 	a connection to pay for documented marginal costs that the
29.35 	council incurs as a result of the additional connection.
29.36 	(d) If telephone or other electronic means is used to
30.1 	conduct a regular, special, or emergency meeting, the council
30.2 	shall provide notice of the regular meeting location, of the
30.3 	fact that some members may participate by telephone or other
30.4 	electronic means, and of the provisions of paragraph (c).  The
30.5 	timing and method of providing notice is governed by section
30.6 	13D.04.

30.7 	Sec. 43. Minnesota Statutes 2004, section 116M.15, is
30.8 	amended by adding a subdivision to read:
30.9 		Subd. 5.Board meeting. (a) If compliance with section
30.10 	13D.02 is impractical, the Urban Initiative Board may conduct a
30.11 	meeting of its members by telephone or other electronic means so
30.12 	long as the following conditions are met:
30.13 	(1) all members of the board participating in the meeting,
30.14 	wherever their physical location, can hear one another and can
30.15 	hear all discussion and testimony;
30.16 	(2) members of the public present at the regular meeting
30.17 	location of the board can hear clearly and understand all
30.18 	discussion and testimony and all votes of members of the board;
30.19 	(3) at least one member of the board is physically present
30.20 	at the regular meeting location; and 
30.21 	(4) all votes are conducted by roll call, so each member's
30.22 	vote on each issue can be identified and recorded.
30.23 	(b) Each member of the board participating in a meeting by
30.24 	telephone or other electronic means is considered present at the
30.25 	meeting for purposes of determining a quorum and participating
30.26 	in all proceedings.
30.27 	(c) If telephone or other electronic means is used to
30.28 	conduct a meeting, the board, to the extent practical, shall
30.29 	allow a person to monitor the meeting electronically from a
30.30 	remote location.  The board may require the person making such a
30.31 	connection to pay for documented marginal costs that the board
30.32 	incurs as a result of the additional connection.
30.33 	(d) If telephone or other electronic means is used to
30.34 	conduct a regular, special, or emergency meeting, the board
30.35 	shall provide notice of the regular meeting location, of the
30.36 	fact that some members may participate by telephone or other
31.1 	electronic means, and of the provisions of paragraph (c).  The
31.2 	timing and method of providing notice is governed by section
31.3 	13D.04.

31.4 	Sec. 44. Minnesota Statutes 2004, section 116U.25, is
31.5 	amended to read:
31.6 	116U.25 EXPLORE MINNESOTA TOURISM COUNCIL.
31.7 	(a) The director shall be advised by the Explore Minnesota
31.8 	Tourism Council consisting of up to 28 voting members appointed
31.9 	by the governor for four-year terms, including:
31.10 	(1) the director of Explore Minnesota Tourism who serves as
31.11 	the chair;
31.12 	(2) eleven representatives of statewide associations
31.13 	representing bed and breakfast establishments, golf, festivals
31.14 	and events, counties, convention and visitor bureaus, lodging,
31.15 	resorts, trails, campgrounds, restaurants, and chambers of
31.16 	commerce;
31.17 	(3) one representative from each of the four tourism
31.18 	marketing regions of the state as designated by the office;
31.19 	(4) six representatives of the tourism business
31.20 	representing transportation, retail, travel agencies, tour
31.21 	operators, travel media, and convention facilities;
31.22 	(5) one or more ex-officio nonvoting members including at
31.23 	least one from the University of Minnesota Tourism Center;
31.24 	(6) four legislators, two from each house, one each from
31.25 	the two largest political party caucuses in each house,
31.26 	appointed according to the rules of the respective houses; and
31.27 	(7) other persons, if any, as designated from time to time
31.28 	by the governor.
31.29 	(b) The council shall act to serve the broader interests of
31.30 	tourism in Minnesota by promoting activities that support,
31.31 	maintain, and expand the state's domestic and international
31.32 	travel market, thereby generating increased visitor
31.33 	expenditures, tax revenue, and employment.
31.34 	(c) Filling of membership vacancies is as provided in
31.35 	section 15.059.  The terms of one-half of the members shall be
31.36 	coterminous with the governor and the terms of the remaining
32.1 	one-half of the members shall end on the first Monday in January
32.2 	one year after the terms of the other members.  Members may
32.3 	serve until their successors are appointed and qualify.  Members
32.4 	are not compensated.  A member may be reappointed.
32.5 	(d) The council shall meet at least four times per year and
32.6 	at other times determined by the council.  Notwithstanding
32.7 	section 15.059, the council does not expire.
32.8 	(e) If compliance with section 13D.02 is impractical, the
32.9 	Explore Minnesota Tourism Council may conduct a meeting of its
32.10 	members by telephone or other electronic means so long as the
32.11 	following conditions are met:
32.12 	(1) all members of the council participating in the
32.13 	meeting, wherever their physical location, can hear one another
32.14 	and can hear all discussion and testimony;
32.15 	(2) members of the public present at the regular meeting
32.16 	location of the council can hear clearly and understand all
32.17 	discussion and testimony and all votes of members of the
32.18 	council;
32.19 	(3) at least one member of the council is physically
32.20 	present at the regular meeting location; and 
32.21 	(4) all votes are conducted by roll call, so each member's
32.22 	vote on each issue can be identified and recorded.
32.23 	(f) Each member of the council participating in a meeting
32.24 	by telephone or other electronic means is considered present at
32.25 	the meeting for purposes of determining a quorum and
32.26 	participating in all proceedings.
32.27 	(g) If telephone or other electronic means is used to
32.28 	conduct a meeting, the council, to the extent practical, shall
32.29 	allow a person to monitor the meeting electronically from a
32.30 	remote location.  The council may require the person making such
32.31 	a connection to pay for documented marginal costs that the
32.32 	council incurs as a result of the additional connection.
32.33 	(h) If telephone or other electronic means is used to
32.34 	conduct a regular, special, or emergency meeting, the council
32.35 	shall provide notice of the regular meeting location, of the
32.36 	fact that some members may participate by telephone or other
33.1 	electronic means, and of the provisions of paragraph (g).  The
33.2 	timing and method of providing notice is governed by section
33.3 	13D.04.

33.4 	Sec. 45. Minnesota Statutes 2004, section 270B.01,
33.5 	subdivision 5, is amended to read:
33.6 		Subd. 5.Taxpayer identity.  "Taxpayer identity" means
33.7 	the name of a person with respect to whom a return is filed, or
33.8 	the person's mailing address, or the person's taxpayer
33.9 	identifying number. "Taxpayer identity" does not include the
33.10 	state taxpayer identifying number of a business entity, which is
33.11 	classified as public data.

33.12 	Sec. 46. Minnesota Statutes 2004, section 270B.03,
33.13 	subdivision 1, is amended to read:
33.14 		Subdivision 1.Who may inspect.  Returns and return
33.15 	information must, on request, be made open to inspection by or
33.16 	disclosure to the data subject.  The request must be made in
33.17 	writing or in accordance with written procedures of the chief
33.18 	disclosure officer of the department that have been approved by
33.19 	the commissioner to establish the identification of the person
33.20 	making the request as the data subject.  For purposes of this
33.21 	chapter, the following are the data subject:
33.22 	(1) in the case of an individual return, that individual;
33.23 	(2) in the case of an income tax return filed jointly,
33.24 	either of the individuals with respect to whom the return is
33.25 	filed;
33.26 	(3) in the case of a partnership return, any person who was
33.27 	a member of the partnership during any part of the period
33.28 	covered by the return;
33.29 	(4) in the case of the return of a corporation or its
33.30 	subsidiary:
33.31 	(i) any person designated by resolution of the board of
33.32 	directors or other similar governing body;
33.33 	(ii) any officer or employee of the corporation upon
33.34 	written request signed by any officer and attested to by the
33.35 	secretary or another officer;
33.36 	(iii) any bona fide shareholder of record owning one
34.1 	percent or more of the outstanding stock of the corporation;
34.2 	(iv) if the corporation is a corporation that has made an
34.3 	election under section 1362 of the Internal Revenue Code of
34.4 	1986, as amended through December 31, 1988, any person who was a
34.5 	shareholder during any part of the period covered by the return
34.6 	during which an election was in effect; or 
34.7 	(v) if the corporation has been dissolved, any person
34.8 	authorized by state law to act for the corporation or any person
34.9 	who would have been authorized if the corporation had not been
34.10 	dissolved in the case of a return filed by a business entity, an
34.11 	officer of a corporation, a shareholder owning more than one
34.12 	percent of the stock, or any shareholder of an S corporation; a
34.13 	general partner in a partnership; the owner of a sole
34.14 	proprietorship; a member or manager of a limited liability
34.15 	company; a participant in a joint venture; the individual who
34.16 	signed the return on behalf of the business entity; or an
34.17 	employee who is responsible for handling the tax matters of the
34.18 	business entity, such as the tax manager, bookkeeper, or
34.19 	managing agent;
34.20 	(5) (4) in the case of an estate return:
34.21 	(i) the personal representative or trustee of the estate;
34.22 	and
34.23 	(ii) any beneficiary of the estate as shown on the federal
34.24 	estate tax return;
34.25 	(6) (5) in the case of a trust return:
34.26 	(i) the trustee or trustees, jointly or separately; and
34.27 	(ii) any beneficiary of the trust as shown in the trust
34.28 	instrument;
34.29 	(7) (6) if liability has been assessed to a transferee
34.30 	under section 289A.31, subdivision 3, the transferee is the data
34.31 	subject with regard to the returns and return information
34.32 	relating to the assessed liability;
34.33 	(8) (7) in the case of an Indian tribal government or an
34.34 	Indian tribal government-owned entity,
34.35 	(i) the chair of the tribal government, or
34.36 	(ii) any person authorized by the tribal government; and
35.1 	(9) (8) in the case of a successor as defined in section
35.2 	270.102, subdivision 1, paragraph (b), the successor is the data
35.3 	subject and information may be disclosed as provided by section
35.4 	270.102, subdivision 4.

35.5 	Sec. 47. [299C.40] COMPREHENSIVE INCIDENT-BASED REPORTING
35.6 	SYSTEM.
35.7 		Subdivision 1.Definitions. (a) The definitions in this
35.8 	subdivision apply to this section.
35.9 	(b) "CIBRS" means the Comprehensive Incident-Based
35.10 	Reporting System, located in the Department of Public Safety and
35.11 	managed by the Bureau of Criminal Apprehension, Criminal Justice
35.12 	Information Systems Section.  A reference in this section to
35.13 	"CIBRS" includes the Bureau of Criminal Apprehension.
35.14 	(c) "Law enforcement agency" means a Minnesota municipal
35.15 	police department, a Minnesota county sheriff's department, the
35.16 	Bureau of Criminal Apprehension, or the Minnesota State Patrol.
35.17 		Subd. 2.Purpose. CIBRS is a statewide system containing
35.18 	data from law enforcement agencies.  Data in CIBRS must be made
35.19 	available to law enforcement agencies only for purposes of
35.20 	criminal investigations being conducted in order to prepare a
35.21 	case against a person, whether known or unknown, for the
35.22 	commission of a crime or other offense, or for purposes of
35.23 	background investigations required by state statute.
35.24 		Subd. 3.Data classification; general rule; changes in
35.25 	classification; audit trail. (a) The classification of data in
35.26 	the law enforcement agency does not change after the data is
35.27 	submitted to CIBRS.
35.28 	(b) Data on individuals created, collected, received,
35.29 	maintained, or disseminated by CIBRS is classified as
35.30 	confidential data on individuals as defined in section 13.02,
35.31 	subdivision 3, and becomes private data on individuals as
35.32 	defined in section 13.02, subdivision 12, as provided by this
35.33 	section.
35.34 	(c) Data not on individuals created, collected, received,
35.35 	maintained, or disseminated by CIBRS is classified as protected
35.36 	nonpublic data as defined in section 13.02, subdivision 13, and
36.1 	becomes nonpublic data as defined in section 13.02, subdivision
36.2 	9, as provided by this section.
36.3 	(d) Confidential or protected nonpublic data created,
36.4 	collected, received, maintained, or disseminated by CIBRS must
36.5 	automatically change classification from confidential data to
36.6 	private data or from protected nonpublic data to nonpublic data
36.7 	on the earlier of the following dates:
36.8 	(1) upon receipt by CIBRS of notice from a law enforcement
36.9 	agency that an investigation has become inactive; or 
36.10 	(2) when the data has not been updated by the law
36.11 	enforcement agency that submitted it for a period of 120 days.
36.12 	(e) For the purposes of this section, an investigation
36.13 	becomes inactive upon the occurrence of any of the events listed
36.14 	in section 13.82, subdivision 7, clauses (a) to (c).
36.15 	(f) Ten days before making a data classification change
36.16 	because data has not been updated, CIBRS must notify the law
36.17 	enforcement agency that submitted the data that a classification
36.18 	change will be made on the 120th day.  The notification must
36.19 	inform the law enforcement agency that the data will retain its
36.20 	classification as confidential or protected nonpublic data if
36.21 	the law enforcement agency updates the data or notifies CIBRS
36.22 	that the investigation is still active before the 120th day.  A
36.23 	new 120-day period begins if the data is updated or if a law
36.24 	enforcement agency notifies CIBRS that an active investigation
36.25 	is continuing.
36.26 	(g) A law enforcement agency that submits data to CIBRS
36.27 	must notify CIBRS if an investigation has become inactive so
36.28 	that the data is classified as private data or nonpublic data.
36.29 	The law enforcement agency must provide this notice to CIBRS
36.30 	within ten days after an investigation becomes inactive.
36.31 	(h) All queries and responses and all actions in which data
36.32 	is submitted to CIBRS, changes classification, or is
36.33 	disseminated by CIBRS to any law enforcement agency must be
36.34 	recorded in the CIBRS audit trail.
36.35 		Subd. 4.Access to cibrs data by law enforcement agency
36.36 	personnel. Only law enforcement agency personnel with
37.1 	certification from the Bureau of Criminal Apprehension may
37.2 	access CIBRS data.  The bureau shall by rule under chapter 14
37.3 	provide procedures for certification of law enforcement agency
37.4 	personnel allowed access to CIBRS data.  Access to CIBRS data by
37.5 	particular law enforcement agency personnel may be limited
37.6 	through the use of purpose codes that correspond to the official
37.7 	duties and training level of the personnel.  The bureau may
37.8 	designate persons who may have access to CIBRS data only as
37.9 	necessary to operate or maintain CIBRS.
37.10 		Subd. 5.Access to cibrs data by data subject. Upon
37.11 	request to the Bureau of Criminal Apprehension or to a law
37.12 	enforcement agency participating in CIBRS, an individual shall
37.13 	be informed whether the individual is the subject of private or
37.14 	confidential data held by CIBRS.  An individual who is the
37.15 	subject of private data held by CIBRS may obtain access to the
37.16 	data by making a request to the Bureau of Criminal Apprehension
37.17 	or to a participating law enforcement agency.  Private data
37.18 	provided to the subject under this subdivision must also include
37.19 	the name of the law enforcement agency that submitted the data
37.20 	to CIBRS and the name, telephone number, and address of the
37.21 	responsible authority of that law enforcement agency.
37.22 		Subd. 6.Challenge to completeness and accuracy of data.
 37.23 	An individual who is the subject of public or private data held
37.24 	by CIBRS and who wants to challenge the completeness or accuracy
37.25 	of the data under section 13.04, subdivision 4, must notify in
37.26 	writing the responsible authority of the participating law
37.27 	enforcement agency.  A law enforcement agency must notify the
37.28 	Bureau of Criminal Apprehension when data held by CIBRS is
37.29 	challenged.  The notification must identify the data that was
37.30 	challenged and the subject of the data.  CIBRS must include any
37.31 	notification received under this paragraph whenever
37.32 	disseminating data about which no determination has been made.
37.33 	When the responsible authority of a law enforcement agency
37.34 	completes, corrects, or destroys successfully challenged data,
37.35 	the corrected data must be submitted to CIBRS and any future
37.36 	dissemination must be of the corrected data.

38.1 	Sec. 48. REPEALER.
 38.2 	Minnesota Statutes 2004, section 13.04, subdivision 5, is
38.3 	repealed.