1.1 	A bill for an act
1.2 	relating to data practices; regulating the collection, use, and disclosure of certain 
1.3 	data; classifying certain data; regulating tribal identification cards; authorizing 
1.4 	the exchange of certain information; requiring the deletion or the correction 
1.5 	of certain data; providing for certain fees; creating an account; providing 
1.6 	civil remedies; providing criminal penalties; appropriating money; amending 
1.7 	Minnesota Statutes 2004, sections 13.072, subdivision 1; 13.32, by adding a 
1.8 	subdivision; 13.3805, by adding a subdivision; 13.87, by adding a subdivision; 
1.9 	136A.162; 138.17, subdivisions 7, 8; 144.335, by adding a subdivision; 624.714, 
1.10 	by adding a subdivision; 626.557, subdivision 9a; Minnesota Statutes 2005 
1.11 	Supplement, sections 13.601, subdivision 3; 13.6905, subdivision 3; 171.02, 
1.12 	subdivision 1; 270C.03, subdivision 1; 299A.681, subdivision 7; 299C.40, 
1.13 	subdivision 1; 325E.59, subdivisions 1, 3; proposing coding for new law in 
1.14 	Minnesota Statutes, chapters 13; 171; 299A; 325F; proposing coding for new 
1.15 	law as Minnesota Statutes, chapter 170A; repealing Minnesota Statutes 2004, 
1.16 	section 13.6905, subdivision 10; Minnesota Statutes 2005 Supplement, sections 
1.17 	168.346; 171.12, subdivisions 7, 7a; 325E.59, subdivision 2.
1.18 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.19 	ARTICLE 1
1.20 	GENERAL DATA PRACTICES PROVISIONS

1.21 	Section 1. Minnesota Statutes 2004, section 13.072, subdivision 1, is amended to read:
1.22 		Subdivision 1.Opinion; when required. (a) Upon request of a government entity, 
1.23 	the commissioner may give a written opinion on any question relating to public access 
1.24 	to government data, rights of subjects of data, or classification of data under this chapter 
1.25 	or other Minnesota statutes governing government data practices. Upon request of any 
1.26 	person who disagrees with a determination regarding data practices made by a government 
1.27 	entity, the commissioner may give a written opinion regarding the person's rights as a 
1.28 	subject of government data or right to have access to government data.
2.1 	(b) Upon request of a body subject to chapter 13D, the commissioner may give a 
2.2 	written opinion on any question relating to the body's duties under chapter 13D. Upon 
2.3 	request of a person who disagrees with the manner in which members of a governing body 
2.4 	perform their duties under chapter 13D, the commissioner may give a written opinion 
2.5 	on compliance with chapter 13D. A governing body or person requesting an opinion 
2.6 	under this paragraph must pay the commissioner a fee of $200. Money received by the 
2.7 	commissioner under this paragraph is appropriated to the commissioner for the purposes 
2.8 	of this section.
2.9 	(c) If the commissioner determines that no opinion will be issued, the commissioner 
2.10 	shall give the government entity or body subject to chapter 13D or person requesting 
2.11 	the opinion notice of the decision not to issue the opinion within five businessdays of 
2.12 	receipt of the request. If this notice is not given, the commissioner shall issue an opinion 
2.13 	within 20 days of receipt of the request.
2.14 	(d) For good cause and upon written notice to the person requesting the opinion, 
2.15 	the commissioner may extend this deadline for one additional 30-day period. The notice 
2.16 	must state the reason for extending the deadline. The government entity or the members 
2.17 	of a body subject to chapter 13D must be provided a reasonable opportunity to explain the 
2.18 	reasons for its decision regarding the data or how they perform their duties under chapter 
2.19 	13D. The commissioner or the government entity or body subject to chapter 13D may 
2.20 	choose to give notice to the subject of the data concerning the dispute regarding the data 
2.21 	or compliance with chapter 13D.
2.22 	(e) This section does not apply to a determination made by the commissioner of 
2.23 	health under section  13.3805, subdivision 1, paragraph (b), or  144.6581. 
2.24 	(f) A written opinion issued by the attorney general shall take precedence over an 
2.25 	opinion issued by the commissioner under this section.

2.26 	Sec. 2. Minnesota Statutes 2004, section 13.32, is amended by adding a subdivision to 
2.27 	read:
2.28 		Subd. 8a.Access by juvenile justice system; bullying behavior. (a) For purposes 
2.29 	of this subdivision:
2.30 	(1) "bullying behavior" means any written or verbal expressions or physical act or 
2.31 	gesture by a student that is intended to cause or is perceived as causing distress to one or 
2.32 	more individuals in the school and that substantially interferes with the other individual's 
2.33 	educational benefits, opportunities, or school performance. Bullying includes, but is not 
2.34 	limited to, conduct by a student against another individual in the school that a reasonable 
2.35 	person under the circumstances knows or should know has the effect of harming the 
3.1 	individual, damaging the individual's property, placing the individual in reasonable fear 
3.2 	of harm to the individual's person or property, or creating a hostile educational or work 
3.3 	environment for the individual; and
3.4 	(2) "individual in the school" means a student, teacher, staff member or volunteer, or 
3.5 	other individual in the student's school.
3.6 	(b) Educational data consisting of school disciplinary data that relate to bullying 
3.7 	behavior by a student may be disclosed to the juvenile justice system under subdivision 3, 
3.8 	paragraph (i).
3.9 	(c) When a school discloses educational data under this subdivision, the school shall 
3.10 	notify the parent or legal guardian of the student that the data have been disclosed to the 
3.11 	juvenile justice system.

3.12 	Sec. 3. Minnesota Statutes 2004, section 13.3805, is amended by adding a subdivision 
3.13 	to read:
3.14 		Subd. 4.Drinking water testing data. Data maintained by the Department 
3.15 	of Health or community public water systems that identify the address of the testing 
3.16 	site and the name, address, and telephone number of residential homeowners of each 
3.17 	specific site that is tested for lead and copper as required by the federal Safe Drinking 
3.18 	Water Act, the United States Environmental Protection Agency's lead and copper rule, 
3.19 	and the department's drinking water protection program are private data on individuals 
3.20 	or nonpublic data.

3.21 	Sec. 4. [13.386] BIOMETRIC DATA.
3.22 	A government entity must not collect or use data on individuals involving iris 
3.23 	scanning or facial recognition unless the collection or use of that data for a specific 
3.24 	purpose is authorized by statute. A proposal for statutory authorization of the collection or 
3.25 	use of this data must include the budget impact and a cost-benefit analysis of the proposal.

3.26 	Sec. 5. Minnesota Statutes 2005 Supplement, section 13.601, subdivision 3, is 
3.27 	amended to read:
3.28 		Subd. 3.Applicants for election or appointment. The following (a) Except as 
3.29 	provided in paragraph (b), data on all applicants for election or appointment to a public 
3.30 	body, including those subject to chapter 13D, are public: and data on an applicant's family 
3.31 	or dependents are private data on individuals.
3.32 	(b) the applicant's name, city of residence address, education and training, 
3.33 	employment history, volunteer work, awards and honors, and prior government service 
4.1 	or experience are public data. Other data on an applicant may be released pursuant to 
4.2 	a court order.

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

4.4 	Sec. 6.  Minnesota Statutes 2004, section 13.87, is amended by adding a subdivision to 
4.5 	read:
4.6 		Subd. 4.Name and index service data. (a) For purposes of this section, "name 
4.7 	and event index service data" means data of the Bureau of Criminal Apprehension that 
4.8 	link data on an individual that are stored in one or more databases maintained by criminal 
4.9 	justice agencies, as defined in section 299C.46, subdivision 2, or the judiciary.
4.10 	(b) Name and event index service data are private data on individuals, provided 
4.11 	that if the data link private or public data on an individual to confidential data on that 
4.12 	individual, the data are confidential data on that individual. The data become private data 
4.13 	if the data no longer link private or public data to confidential data. The classification of 
4.14 	data in the name and event index service does not change the classification of the data in 
4.15 	the databases linked by the service.

4.16 	Sec. 7. Minnesota Statutes 2004, section 136A.162, is amended to read:
4.17 	136A.162 CLASSIFICATION OF DATA.
4.18 	All (a) Except as provided in paragraphs (b) and (c), data on applicants for financial 
4.19 	assistance collected and used by the Higher Education Services Office for student 
4.20 	financial aid programs administered by that office shall be classified as are private data 
4.21 	on individuals under as defined in section  13.02, subdivision 12. Exceptions to this 
4.22 	classification are that: 
4.23 	(a) the names and addresses of program recipients or participants are public data;
4.24 	(b) Data on applicants may be disclosed to the commissioner of human services 
4.25 	to the extent necessary to determine eligibility under section  136A.121, subdivision 2, 
4.26 	clause (5); and.
4.27 	(c) The following data collected in the Minnesota supplemental loan program under 
4.28 	section  136A.1701 may be disclosed to a consumer credit reporting agency only if the 
4.29 	borrower and the cosigner give informed consent, according to section  13.05, subdivision 
4.30 	4, at the time of application for a loan: 
4.31 	(1) the lender-assigned borrower identification number;
4.32 	(2) the name and address of borrower;
4.33 	(3) the name and address of cosigner;
5.1 	(4) the date the account is opened;
5.2 	(5) the outstanding account balance;
5.3 	(6) the dollar amount past due;
5.4 	(7) the number of payments past due;
5.5 	(8) the number of late payments in previous 12 months;
5.6 	(9) the type of account;
5.7 	(10) the responsibility for the account; and
5.8 	(11) the status or remarks code.

5.9 	Sec. 8. Minnesota Statutes 2004, section 138.17, subdivision 7, is amended to read:
5.10 		Subd. 7.Records management program. A records management program for the 
5.11 	application of efficient and economical management methods to the creation, utilization, 
5.12 	maintenance, retention, preservation, and disposal of official records shall be administered 
5.13 	by the commissioner of administration with assistance from the director of the historical 
5.14 	society. The State Records Center which stores and services state records not in state 
5.15 	archives shall be administered by the commissioner of administration. The commissioner 
5.16 	of administration is empowered to (1) establish standards, procedures, and techniques for 
5.17 	effective management of government records, (2) make continuing surveys of paper work 
5.18 	operations, and (3) recommend improvements in current records management practices 
5.19 	including the use of space, equipment, and supplies employed in creating, maintaining, 
5.20 	preserving and disposing of government records. It shall be the duty of the head of each 
5.21 	state agency and the governing body of each county, municipality, and other subdivision 
5.22 	of government to cooperate with the commissioner in conducting surveys and to establish 
5.23 	and maintain an active, continuing program for the economical and efficient management 
5.24 	of the records of each agency, county, municipality, or other subdivision of government. 
5.25 	When requested by the commissioner, Public officials shall assist in the preparation of
5.26 	prepare an inclusive inventory of records in their custody, to which shall be attached 
5.27 	a schedule, approved by the head of the governmental unit or agency having custody 
5.28 	of the records and the commissioner, establishing a time period for the retention or 
5.29 	disposal of each series of records. When the schedule is unanimously approved by the 
5.30 	records disposition panel, the head of the governmental unit or agency having custody 
5.31 	of the records may dispose of the type of records listed in the schedule at a time and in 
5.32 	a manner prescribed in the schedule for particular records which were created after the 
5.33 	approval. A list of records disposed of pursuant to this subdivision shall be maintained by 
5.34 	the governmental unit or agency.

6.1 	Sec. 9. Minnesota Statutes 2004, section 138.17, subdivision 8, is amended to read:
6.2 		Subd. 8.Emergency records preservation. In light of the danger of nuclear or 
6.3 	natural disaster, the commissioner of administration, with the assistance of the director 
6.4 	of the historical society, shall establish and maintain a program for the selection and 
6.5 	preservation of public records considered essential to the operation of government and to 
6.6 	the protection of the rights and interests of persons, and shall make or cause to be made 
6.7 	preservation duplicates or designate as preservation duplicates existing copies of such 
6.8 	essential public records. Preservation duplicates shall be durable, accurate, complete, and 
6.9 	clear, and such duplicates reproduced by photographic or other process which accurately 
6.10 	reproduces and forms a durable medium for so reproducing the original shall have the 
6.11 	same force and effect for all purposes as the original record whether the original record is 
6.12 	in existence or not. A transcript, exemplification, or certified copy of such preservation 
6.13 	duplicate shall be deemed for all purposes to be a transcript, exemplification, or certified 
6.14 	copy of the original record. Such preservation duplicates shall be preserved in the place 
6.15 	and manner of safekeeping prescribed by the commissioner.
6.16 	Every county, municipality, or other subdivision of government may institute 
6.17 	a program for the preservation of necessary documents essential to the continuity of 
6.18 	government in the event of a disaster or emergency. Such a program shall first be 
6.19 	submitted to the commissioner for approval or disapproval and no such program shall be 
6.20 	instituted until such approval is obtained.

6.21 	Sec. 10. Minnesota Statutes 2004, section 144.335, is amended by adding a subdivision 
6.22 	to read:
6.23 		Subd. 3d.Release of records for family and caretaker involvement in mental 
6.24 	health care. (a) Notwithstanding subdivision 3a, a provider providing mental health care 
6.25 	and treatment may disclose health record information described in paragraph (b) about a 
6.26 	patient to a family member of the patient or other person who requests the information if:
6.27 	(1) the request for information is in writing;
6.28 	(2) the family member or other person lives with, provides care for, or is directly 
6.29 	involved in monitoring the treatment of the patient;
6.30 	(3) the involvement under clause (2) is verified by the patient's mental health care 
6.31 	provider, the patient's attending physician, or a person other than the person requesting 
6.32 	the information;
6.33 	(4) before the disclosure, the patient is informed in writing of the request, the name 
6.34 	of the person requesting the information, the reason for the request, and the specific 
6.35 	information being requested;
7.1 	(5) the patient agrees to the disclosure, does not object to the disclosure, or is unable 
7.2 	to consent or object; and 
7.3 	(6) the disclosure is necessary to assist in the provision of care or monitoring of the 
7.4 	patient's treatment. 
7.5 	(b) The information disclosed under this subdivision is limited to diagnosis, 
7.6 	admission to or discharge from treatment, the name and dosage of the medications 
7.7 	prescribed, side effects of the medication, consequences of failure of the patient to take the 
7.8 	prescribed medication, and a summary of the discharge plan.
7.9 	(c) If a provider reasonably determines that providing information under this 
7.10 	subdivision would be detrimental to the physical or mental health of the patient or is 
7.11 	likely to cause the patient to inflict self harm or to harm another, the provider must not 
7.12 	disclose the information.
7.13 	(d) This subdivision does not apply to disclosures for a medical emergency or to 
7.14 	family members as authorized or required under subdivision 3a, paragraph (b), clause 
7.15 	(1), or paragraph (f).

7.16 	Sec. 11. Minnesota Statutes 2005 Supplement, section 171.02, subdivision 1, is 
7.17 	amended to read:
7.18 		Subdivision 1.License required. Except when expressly exempted, a person 
7.19 	shall not drive a motor vehicle upon a street or highway in this state unless the person 
7.20 	has a license valid under this chapter for the type or class of vehicle being driven. The 
7.21 	department shall not issue a driver's license to a person unless and until the person's license 
7.22 	from any jurisdiction has been invalidated. The department shall provide to the issuing 
7.23 	department of any jurisdiction, information that the licensee is now licensed in Minnesota. 
7.24 	A person is not permitted to have more than one valid driver's license at any time. The 
7.25 	department shall not issue to a person to whom a current Minnesota identification card has 
7.26 	been issued a driver's license, other than a limited license, unless the person's Minnesota 
7.27 	identification card has been invalidated. This subdivision does not require invalidation of 
7.28 	a tribal identification card as a condition of receiving a driver's license.

7.29 	Sec. 12. [171.072] TRIBAL IDENTIFICATION CARD.
7.30 	(a) If a Minnesota identification card is deemed an acceptable form of identification 
7.31 	in Minnesota Statutes or Rules, a tribal identification card is also an acceptable form 
7.32 	of identification. A tribal identification card is a primary document for purposes of 
7.33 	Minnesota Rules, part 7410.0400, and successor rules.
8.1 	(b) For purposes of this subdivision, "tribal identification card" means an unexpired 
8.2 	identification card issued by a Minnesota tribal government of a tribe recognized by the 
8.3 	Bureau of Indian Affairs, United States Department of the Interior, that contains the legal 
8.4 	name, date of birth, signature, and picture of the enrolled tribal member.
8.5 	(c) The tribal identification card must contain security features that make it as 
8.6 	impervious to alteration as is reasonably practicable in its design and quality of material 
8.7 	and technology. The security features must use materials that are not readily available to 
8.8 	the general public. The tribal identification card must not be susceptible to reproduction 
8.9 	by photocopying or simulation and must be highly resistant to data or photograph 
8.10 	substitution and other tampering. The requirements of this section do not apply to tribal 
8.11 	identification cards used to prove an individual's residence for purposes of section 
8.12 	201.061, subdivision 3.

8.13 	Sec. 13. Minnesota Statutes 2005 Supplement, section 270C.03, subdivision 1, is 
8.14 	amended to read:
8.15 		Subdivision 1.Powers and duties. The commissioner shall have and exercise 
8.16 	the following powers and duties:
8.17 	(1) administer and enforce the assessment and collection of taxes;
8.18 	(2) make determinations, corrections, and assessments with respect to taxes, 
8.19 	including interest, additions to taxes, and assessable penalties;
8.20 	(3) use statistical or other sampling techniques consistent with generally accepted 
8.21 	auditing standards in examining returns or records and making assessments;
8.22 	(4) investigate the tax laws of other states and countries, and formulate and submit 
8.23 	to the legislature such legislation as the commissioner may deem expedient to prevent 
8.24 	evasions of state revenue laws and to secure just and equal taxation and improvement in 
8.25 	the system of state revenue laws;
8.26 	(5) consult and confer with the governor upon the subject of taxation, the 
8.27 	administration of the laws in regard thereto, and the progress of the work of the 
8.28 	department, and furnish the governor, from time to time, such assistance and information 
8.29 	as the governor may require relating to tax matters;
8.30 	(6) execute and administer any agreement with the secretary of the treasury or the 
8.31 	Bureau of Alcohol, Tobacco, Firearms, and Explosives in the Department of Justice of the 
8.32 	United States or a representative of another state regarding the exchange of information 
8.33 	and administration of the state revenue laws;
8.34 	(7) require town, city, county, and other public officers to report information as to the 
8.35 	collection of taxes received from licenses and other sources, and such other information 
9.1 	as may be needful in the work of the commissioner, in such form as the commissioner 
9.2 	may prescribe;
9.3 	(8) authorize the use of unmarked motor vehicles to conduct seizures or criminal 
9.4 	investigations pursuant to the commissioner's authority; and
9.5 	(9) exercise other powers and authority and perform other duties required of or 
9.6 	imposed upon the commissioner by law.

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

9.8 	Sec. 14. Minnesota Statutes 2005 Supplement, section 299C.40, subdivision 1, is 
9.9 	amended to read:
9.10 		Subdivision 1.Definitions. (a) The definitions in this subdivision apply to this 
9.11 	section.
9.12 	(b) "CIBRS" means the Comprehensive Incident-Based Reporting System, located 
9.13 	in the Department of Public Safety and managed by the Bureau of Criminal Apprehension, 
9.14 	Criminal Justice Information Systems Section. A reference in this section to "CIBRS" 
9.15 	includes the Bureau of Criminal Apprehension.
9.16 	(c) "Law enforcement agency" means a Minnesota municipal police department, 
9.17 	the Metropolitan Transit Police, the Metropolitan Airports Police, the University of 
9.18 	Minnesota Police Department, the Department of Corrections' Fugitive Apprehension 
9.19 	Unit, a Minnesota county sheriff's department, the Bureau of Criminal Apprehension, or 
9.20 	the Minnesota State Patrol.

9.21 	Sec. 15. Minnesota Statutes 2005 Supplement, section 325E.59, subdivision 1, is 
9.22 	amended to read:
9.23 		Subdivision 1.Generally. (a) A person or entity, not including a government entity, 
9.24 	may not do any of the following:
9.25 	(1) publicly post or publicly display in any manner an individual's Social Security 
9.26 	number. "Publicly post" or "publicly display" means to intentionally communicate or 
9.27 	otherwise make available to the general public;
9.28 	(2) print an individual's Social Security number on any card required for the 
9.29 	individual to access products or services provided by the person or entity;
9.30 	(3) require an individual to transmit the individual's Social Security number over the 
9.31 	Internet, unless the connection is secure or the Social Security number is encrypted;
9.32 	(4) require an individual to use the individual's Social Security number to access an 
9.33 	Internet Web site, unless a password or unique personal identification number or other 
9.34 	authentication device is also required to access the Internet Web site; or
10.1 	(5) print a number that the person or entity knows to be an individual's Social 
10.2 	Security number on any materials that are mailed to the individual, unless state or federal 
10.3 	law requires the Social Security number to be on the document to be mailed. If, in 
10.4 	connection with a transaction involving or otherwise relating to an individual, a person 
10.5 	or entity receives a number from a third party, that person or entity is under no duty to 
10.6 	inquire or otherwise determine whether the number is or includes that individual's Social 
10.7 	Security number and may print that number on materials mailed to the individual, unless 
10.8 	the person or entity receiving the number has actual knowledge that the number is or 
10.9 	includes the individual's Social Security number.; 
10.10 	(6) assign or use a number as an account identifier that is identical to or incorporates 
10.11 	an individual's complete Social Security number; or 
10.12 	(7) sell Social Security numbers obtained from individuals in the course of business.
10.13 	Notwithstanding clauses (1) to (5), Social Security numbers may be included in 
10.14 	applications and forms sent by mail, including documents sent as part of an application or 
10.15 	enrollment process, or to establish, amend, or terminate an account, contract, or policy, 
10.16 	or to confirm the accuracy of the Social Security number. Nothing in this paragraph 
10.17 	authorizes inclusion of a Social Security number on the outside of a mailing or in the bulk 
10.18 	mailing of a credit card solicitation offer.
10.19 	(b) A person or entity, not including a government entity, must restrict access to 
10.20 	individual Social Security numbers it holds so that only employees who require the 
10.21 	numbers in order to perform their job duties have access to the numbers, except as required 
10.22 	by titles XVIII and XIX of the Social Security Act and by Code of Federal Regulations, 
10.23 	title 42, section 483.20. 
10.24 	Except as provided in subdivision 2,(c) This section applies only to the use of Social 
10.25 	Security numbers on or after July 1, 2007.

10.26 	Sec. 16. Minnesota Statutes 2005 Supplement, section 325E.59, subdivision 3, is 
10.27 	amended to read:
10.28 		Subd. 3.Coordination with other law. This section does not prevent: 
10.29 	(1) the collection, use, or release of a Social Security number as required by state or 
10.30 	federal law or;
10.31 	(2)  the use of a Social Security number for internal verification or administrative 
10.32 	purposes.; 
10.33 	(3) the use of a Social Security number to access a credit report for purposes allowed 
10.34 	by the federal Fair Credit Reporting Act, United States Code, title 15, section 1681a, if 
11.1 	a Social Security number is required in order to access the credit report or the use of a 
11.2 	Social Security number in reporting information to a consumer reporting agency; or 
11.3 	(4) the use of a Social Security number to access or report information to a person 
11.4 	who maintains a database of information used in connection with the prevention or 
11.5 	detection of fraud. 

11.6 	Sec. 17. Minnesota Statutes 2004, section 624.714, is amended by adding a subdivision 
11.7 	to read:
11.8 		Subd. 14a. Parole and probation authority access to records.  Parole and 
11.9 	probation authorities must be given access to records or data collected, made, or held 
11.10 	under this section concerning any applicant or permit holder who is a defendant, parolee, 
11.11 	or probationer of a district court.

11.12 	Sec. 18. Minnesota Statutes 2004, section 626.557, subdivision 9a, is amended to read:
11.13 		Subd. 9a.Evaluation and referral of reports made to a common entry 
11.14 	point unit. The common entry point must screen the reports of alleged or suspected 
11.15 	maltreatment for immediate risk and make all necessary referrals as follows:
11.16 	(1) if the common entry point determines that there is an immediate need for 
11.17 	adult protective services, the common entry point agency shall immediately notify the 
11.18 	appropriate county agency;
11.19 	(2) if the report contains suspected criminal activity against a vulnerable adult, the 
11.20 	common entry point shall immediately notify the appropriate law enforcement agency;
11.21 	(3) if the report references alleged or suspected maltreatment and there is no 
11.22 	immediate need for adult protective services, the common entry point shall notify the 
11.23 	appropriate lead agency as soon as possible, but in any event no longer than two working 
11.24 	days;
11.25 	(4) if the report does not reference alleged or suspected maltreatment, the common 
11.26 	entry point may determine whether the information will be referred; and
11.27 	(5) if the report contains information about a suspicious death, the common entry 
11.28 	point shall immediately notify the appropriate law enforcement agencies, the local medical 
11.29 	examiner, and the ombudsman established under section  245.92. Law enforcement 
11.30 	agencies shall coordinate with the local medical examiner and the ombudsman as provided 
11.31 	by law. 

11.32 	Sec. 19.  REPEALER.
 11.33 	Minnesota Statutes 2005 Supplement, section 325E.59, subdivision 2, is repealed.

12.1 	ARTICLE 2
12.2 	MOTOR VEHICLE AND DRIVER'S LICENSE RECORDS

12.3 	Section 1. Minnesota Statutes 2005 Supplement, section 13.6905, subdivision 3, 
12.4 	is amended to read:
12.5 		Subd. 3.Motor vehicle registration and driver's license data. Various data on
12.6 	Disclosure and use of motor vehicle registrations are classified under sections 168.327, 
12.7 	subdivision 3, and 168.346 registration and driver's license data is governed by chapter 
12.8 	170A.

12.9 	Sec. 2. [170A.01] PERSONAL INFORMATION IN MOTOR VEHICLE AND 
12.10 	DRIVER'S LICENSE RECORDS.
12.11 		Subdivision 1.Definitions. The definitions in United States Code, title 18, section 
12.12 	2725, and chapters 168 and 171, apply to this chapter.
12.13 		Subd. 2.Application. This chapter applies to:
12.14 	(1) personal information on an owner provided to register a motor vehicle under 
12.15 	chapter 168; and 
12.16 	(2) personal information provided to obtain a driver's license or Minnesota 
12.17 	identification card under chapter 171.
12.18 		Subd. 3.Federal compliance; permissible disclosures under state law. Except 
12.19 	as otherwise provided in this section, personal information must be treated as provided 
12.20 	in United States Code, title 18, section 2721. The commissioner shall disclose personal 
12.21 	information as required by section 2721, paragraph (b), and for the uses permitted by 
12.22 	paragraph (b), clauses (1) to (3), (5) to (7), (9), and (14), subject to the restrictions on 
12.23 	the disclosure of highly restricted personal information. The commissioner must not 
12.24 	disclose personal information for other uses except as required by law or with the consent 
12.25 	of the subject.
12.26 		Subd. 4.Consent. The subject of personal information may expressly consent 
12.27 	in writing to the disclosure of the individual's personal information not authorized by 
12.28 	United States Code, title 18, section 2721, or this chapter, to a person who makes a written 
12.29 	request for the personal information. If the subject of the information is an individual and 
12.30 	so authorizes disclosure, the commissioner shall implement the request. The consent 
12.31 	must be on a document separate from the application for a motor vehicle registration, 
12.32 	driver's license, or Minnesota identification card. The commissioner must not condition 
12.33 	the issuance of a registration, license, or card upon a consent or give any preference to an 
12.34 	individual who grants consent.

13.1 	Sec. 3. [170A.02] PUBLIC SAFETY DISCLOSURES.
13.2 	The commissioner shall disclose personal information when the use is related to the 
13.3 	operation or use of a motor vehicle or public safety, as authorized under United States 
13.4 	Code, section 2721(b)(14). The use of personal information is related to public safety if it 
13.5 	concerns the physical safety or security of drivers, vehicles, pedestrians, or property. 

13.6 	Sec. 4. [170A.03] TYPE OF RECORD ACCESS AUTHORIZED.
13.7 		Subdivision 1.Access limited to individual records. Except as provided in 
13.8 	subdivision 2, the commissioner may disclose personal information only on an individual 
13.9 	record basis in response to a permissible user's identification of the name of the individual 
13.10 	subject of the data to whom the permissible use relates or, in the case of a disclosure for 
13.11 	purposes of notifying an owner of a towed or impounded vehicle or facilitating motor 
13.12 	vehicle transfers and registration, the vehicle identification number or license plate number. 
13.13 		Subd. 2.Exception to individual record requirement for certain uses. The 
13.14 	commissioner may disclose personal information in a manner other than an individual 
13.15 	record basis only for a permissible use under United States Code, title 18, section 
13.16 	2721(b)(1), (2), (5), (6), or (14).

13.17 	Sec. 5. [170A.04] REQUEST AND DISCLOSURE REQUIREMENTS AND 
13.18 	CONDITIONS.
13.19 		Subdivision 1.Requirements for request; cooperation. A person who requests 
13.20 	disclosure of personal information under section 170A.01 must identify the data elements 
13.21 	requested and the reason each element is needed. The commissioner shall disclose only 
13.22 	those data elements needed to accomplish the use for which the request is made. A person 
13.23 	who receives personal information from the commissioner or from a permissible user 
13.24 	under subdivision 3 must cooperate in good faith with all compliance activities.
13.25 		Subd. 2.Disclosure conditions. (a) Personal information may be disclosed 
13.26 	only under the following conditions, which must be reflected in a contract between the 
13.27 	permissible user and the commissioner:
13.28 	(1) the commissioner may periodically conduct an audit to assess compliance by the 
13.29 	permissible user with this section;
13.30 	(2) the commissioner shall encrypt data that are released electronically and uniquely 
13.31 	identify all data provided to each permissible user in order to prevent unauthorized access 
13.32 	and track the source of unauthorized releases of the data; this encryption and unique 
13.33 	identifier must not be removed, altered, or otherwise compromised by the permissible user 
13.34 	or any subsequent user;
14.1 	(3) the permissible user shall submit a signed, dated certification to the commissioner 
14.2 	as provided in paragraph (b);
14.3 	(4) the commissioner shall disclose only the data elements that are necessary to 
14.4 	accomplish the application certified by the permissible user;
14.5 	(5) the permissible user may use the data only for the use and applications for which 
14.6 	the data are obtained and certified;
14.7 	(6) the permissible user shall permit access to the data only by persons for whom 
14.8 	access is necessary to perform or support the application certified by the permissible user;
14.9 	(7) the permissible user shall establish comprehensive administrative, technical, and 
14.10 	administrative safeguards to insure the security and confidentiality of the data, to protect 
14.11 	against any anticipated threats or hazards to the security and integrity of the data, and to 
14.12 	protect against unauthorized access to or use of the data; and
14.13 	(8) the permissible user must not resell or redisclose any data obtained under this 
14.14 	section to any subsequent user, except as provided in subdivision 3.
14.15 	(b) The certification required under paragraph (a) must state:
14.16 	(1) each statutory use under which the user requests the data;
14.17 	(2) each specific application of the data by the user consistent with the statutory use;
14.18 	(3) each data element necessary to accomplish that application; and 
14.19 	(4) the reason the data element is necessary to accomplish the application.
14.20 	The certification must be made by the permissible user under penalty of perjury and 
14.21 	upon direct knowledge of the truth of the matters certified. If any part of the certification is 
14.22 	no longer accurate or has changed, the permissible user must file an amended certification 
14.23 	before obtaining further access to data under the contract. A permissible user who obtains 
14.24 	access to data under the terms of an existing contract is deemed to have affirmed the 
14.25 	existing certification.
14.26 		Subd. 3.Conditions for resale or redisclosure. A permissible user or subsequent 
14.27 	permissible user who receives personal information under this section may resell or 
14.28 	redisclose the information only under the following conditions, which must be reflected in 
14.29 	a contract between the permissible user and the subsequent permissible user:
14.30 	(1) the permissible user shall obtain from the subsequent user a certification meeting 
14.31 	the requirements of subdivision 2, paragraph (a), clause (3), and paragraph (b);
14.32 	(2) the permissible user shall independently determine and verify the business 
14.33 	identity of any subsequent user that is not an individual and that each user has, and is 
14.34 	legitimately engaged in, the uses and applications it certified, including, as appropriate, 
14.35 	through a site visit;
15.1 	(3) the permissible user may redisclose or resell only the data elements that are 
15.2 	necessary to accomplish the application certified by the subsequent user;
15.3 	(4) the subsequent user may use the data only for the use and applications for which 
15.4 	the data are obtained and certified;
15.5 	(5) the permissible user shall require that the subsequent user use the data for 
15.6 	the same statutory use under which the permissible user received the data from the 
15.7 	commissioner, and for no other permissible use or application inconsistent with this use;
15.8 	(6) the commissioner or the permissible user may only resell or redisclose data 
15.9 	with an encryption and unique identifier in the data placed by the commissioner under 
15.10 	subdivision 2, paragraph (a), clause (2), and shall prohibit the subsequent user from 
15.11 	removing, altering, or otherwise compromising an encryption and identifier;
15.12 	(7) the permissible user shall verify that the subsequent user has established 
15.13 	administrative, technical, and administrative safeguards at least as secure as the 
15.14 	permissible user's comprehensive security safeguards;
15.15 	(8) the commissioner or the permissible user may periodically audit the subsequent 
15.16 	user's compliance with its certification and this section; and 
15.17 	(9) the permissible user shall inform the subsequent user that section 170A.05 
15.18 	imposes private and public penalties and remedies for a violation of this chapter or a 
15.19 	user contract.
15.20 		Subd. 4.Fees. In addition to all other fees and surcharges allowed by statute, the 
15.21 	commissioner shall charge the following fees for access to data under this section by a 
15.22 	permissible user, other than an organ procurement organization or government agency:
15.23 	(1) $1.50 for each request for access to personal information on an individual record 
15.24 	basis; and 
15.25 	(2) $50 for each request for access to personal information other than on an 
15.26 	individual record basis.
15.27 	The fees collected under this subdivision must be credited to the public safety and 
15.28 	financial crimes account created in section 299A.683.

15.29 	EFFECTIVE DATE. Subdivision 2, paragraph (a), clause (2), and subdivision 
15.30 	4 are effective January 1, 2008.

15.31 	Sec. 6. [170A.05] REMEDIES AND PENALTIES.
15.32 	The remedies and penalties in section 8.31 apply to a user of personal information 
15.33 	or a subsequent user who violates this chapter or the terms of a user contract. Sections 
15.34 	13.08 and 13.09 apply to a violation of this chapter by a government entity or employee 
15.35 	of a government entity.

16.1 	Sec. 7. [170A.06] ORGAN PROCUREMENT ORGANIZATIONS.
16.2 	This chapter does not affect the use of organ donation information on an individual's 
16.3 	driver's license or Minnesota identification card or affect access to personal information 
16.4 	by a federally certified or designated nonprofit organ procurement organization in 
16.5 	connection with its authorized activities.

16.6 	Sec. 8. [170A.07] PRIVACY CLASSIFICATION FOR PERSONAL SAFETY.
16.7 	An individual who is the subject of personal information may request, in writing, 
16.8 	that the individual's residence address or name and residence address be classified as 
16.9 	private data on individuals, as defined in section 13.02, subdivision 12. The commissioner 
16.10 	shall grant the classification on receipt of a signed statement by the individual that the 
16.11 	classification is required for the safety of the individual or the individual's family, if the 
16.12 	statement also provides a valid, existing address where the individual consents to receive 
16.13 	service of process. The commissioner shall use the service of process mailing address 
16.14 	in place of the individual's residence address in all documents and notices pertaining 
16.15 	to the motor vehicle or driver's license or Minnesota identification card, as applicable. 
16.16 	The residence address or name and residence address and any information provided in 
16.17 	the classification request, other than the individual's service for process mailing address, 
16.18 	are private data on individuals but may be provided to requesting law enforcement 
16.19 	agencies, probation and parole agencies, and public authorities, as defined in section 
16.20 	518.54, subdivision 9.

16.21 	Sec. 9. [170A.08] REFUSAL TO DISCLOSE INFORMATION UNDER 
16.22 	CERTAIN CIRCUMSTANCES.
16.23 	The commissioner may refuse to disclose personal information under this chapter if 
16.24 	the commissioner has reason to believe that the person requesting the personal information 
16.25 	is likely to use the information for an illegal or improper purpose or is otherwise not 
16.26 	going to comply with this chapter.

16.27 	Sec. 10. [170A.09] RELATIONSHIP TO DATA PRACTICES ACT.
16.28 	Chapter 13 applies to this chapter except to the extent provisions of this chapter are 
16.29 	inconsistent with chapter 13. The disclosures authorized under this chapter are subject to 
16.30 	restrictions on access to data under section 13.69 and other applicable law.

16.31 	Sec. 11. Minnesota Statutes 2005 Supplement, section 299A.681, subdivision 7, 
16.32 	is amended to read:
17.1 		Subd. 7.Grants authorized. (a) The commissioner of public safety, upon 
17.2 	recommendation of the oversight council, shall make grants to state and local units of 
17.3 	government to combat identity theft and financial crime. The commander, as funding 
17.4 	permits, may prepare a budget to establish four regional districts and funding grant 
17.5 	allocations programs outside the counties of Hennepin, Ramsey, Anoka, Washington, 
17.6 	and Dakota. The budget must be reviewed and approved by the oversight council and 
17.7 	recommended to the commissioner to support these efforts.
17.8 	(b) The commissioner shall make specialized financial crimes prosecutors' grants 
17.9 	as recommended by the oversight council in consultation with representatives of county 
17.10 	attorneys and the attorney general.

17.11 	Sec. 12. [299A.683] PUBLIC SAFETY AND FINANCIAL CRIMES ACCOUNT.
17.12 	A public safety and financial crimes account is created in the special revenue fund, to 
17.13 	consist of the fees collected under section 170A.04, subdivision 4. An amount equal to the 
17.14 	fees collected under section 170A.04, subdivision 4, clause (1), is annually appropriated to 
17.15 	the commissioner of public safety to develop and operate the system for access to motor 
17.16 	vehicle and driver's license records under chapter 170A. An amount equal to the fees 
17.17 	collected under section 170A.04, subdivision 4, clause (2), is annually appropriated to 
17.18 	the commissioner of public safety to operate the Minnesota Financial Crimes Task Force 
17.19 	established under section 299A.681, subdivision 3, clause (1). 

17.20 	Sec. 13. ELECTRONIC RECORD ACCESS FEE SURCHARGE.
 17.21 	From July 1, 2006, to December 31, 2007, a surcharge of 75 cents is added to the fee 
17.22 	of $4.50 imposed by Minnesota Statutes, section 168.327, subdivision 1, paragraph (f), for 
17.23 	a person to inquire into a record by the person's own electronic means. Receipts from the 
17.24 	surcharge are appropriated to the commissioner of public safety to develop and operate the 
17.25 	system for access to motor vehicle and driver's license records under Minnesota Statutes, 
17.26 	chapter 170A, to be available until expended.

17.27 	Sec. 14. APPROPRIATION; SYSTEM FOR ACCESS TO RECORDS.
 17.28 	$354,000 is appropriated from the general fund to the commissioner of public safety 
17.29 	to develop and operate the system for access to motor vehicle and driver's license records 
17.30 	under Minnesota Statutes, chapter 170A, to be available until June 30, 2008.

17.31 	Sec. 15. APPROPRIATION CANCELLATION.
 18.1 	The appropriation in 2006 S.F. No. 3781, article 16, section 5, subdivision 4, item 
18.2 	(j), for the Financial Crimes Task Force, if enacted, is canceled.

18.3 	Sec. 16.  REPEALER.
 18.4 	Minnesota Statutes 2004, section 13.6905, subdivision 10, and Minnesota Statutes 
18.5 	2005 Supplement, sections 168.346; and 171.12, subdivisions 7 and 7a, are repealed.

18.6 	ARTICLE 3
18.7 	SALES OR SERVICE CALL CENTER

18.8 	Section 1. [325F.696] CUSTOMER SALES OR SERVICE CALL CENTER 
18.9 	REQUIREMENTS.
18.10 		Subdivision 1.Definitions. For purposes of this section, the following terms have 
18.11 	the meanings given them:
18.12 	 (1) "customer sales and service call center" means an entity whose primary purpose 
18.13 	includes the initiating or receiving of telephonic communications on behalf of any person 
18.14 	for the purpose of initiating sales, including telephone solicitations as defined in section 
18.15 	325E.311, subdivision 6; 
18.16 	 (2) "customer service call center" means an entity whose primary purpose includes 
18.17 	the initiating or receiving of telephonic communications on behalf of any person for the 
18.18 	purposes of providing or receiving services or information necessary in connection with 
18.19 	the providing of services or other benefits; and 
18.20 	 (3) "customer services employee" means a person employed by or working on behalf 
18.21 	of a customer sales call center or a customer service call center. 
18.22 		Subd. 2.Customer's right to customer sales or customer service call center 
18.23 	information. (a) Any person who receives a telephone call from, or places a telephone 
18.24 	call to, a customer sales call center or a customer service call center, upon request, has 
18.25 	the right to: 
18.26 	(1) know the identification of the city, state, and country where the customer service 
18.27 	employee is located; and 
18.28 	(2) know the name of the employer of the caller with whom the person is speaking. 
18.29 	(b) A person who receives a telephone call from, or places a telephone call to, a 
18.30 	customer sales call center or a customer service call center located in a foreign country, 
18.31 	which requests the person's financial, credit, or identifying information, shall have the 
18.32 	right to request the call be rerouted to a customer sales and service center located in the 
18.33 	United States before the information is given. 
19.1 		Subd. 3.Violation. It is fraud under section 325F.69 for a person to willfully 
19.2 	violate this section. 

19.3 	Sec. 2. EFFECTIVE DATE; APPLICATION.
 19.4 	This article is effective August 1, 2006.