1.1 	A bill for an act
1.2 	relating to data practices; classifying data and authorizing data sharing; making 
1.3 	technical changes; regulating practices of business screening services; providing 
1.4 	for civil penalties and remedies;amending Minnesota Statutes 2006, sections 
1.5 	6.715, by adding a subdivision; 13.03, subdivision 3; 13.32, by adding a 
1.6 	subdivision; 123B.03, subdivisions 2, 3, by adding a subdivision; 260B.171, 
1.7 	subdivision 5; 518.10; Minnesota Statutes 2007 Supplement, section 13.39, 
1.8 	subdivisions 2, 2a; proposing coding for new law in Minnesota Statutes, chapter 
1.9 	332.
1.10 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.11 	Section 1. Minnesota Statutes 2006, section 6.715, is amended by adding a subdivision 
1.12 	to read:
1.13 		Subd. 5.Review of data; data protection. If, before releasing a report, the state 
1.14 	auditor provides a person with data relating to the audit for the purpose of review and 
1.15 	verification of the data, the person must protect the data from unlawful disclosure or be 
1.16 	subject to the penalties and liabilities provided in sections 13.08 and 13.09.

1.17 	Sec. 2. Minnesota Statutes 2006, section 13.03, subdivision 3, is amended to read:
1.18 		Subd. 3.Request for access to data. (a) Upon request to a responsible authority 
1.19 	or designee, a person shall be permitted to inspect and copy public government data at 
1.20 	reasonable times and places, and, upon request, shall be informed of the data's meaning. If 
1.21 	a person requests access for the purpose of inspection, the responsible authority may not 
1.22 	assess a charge or require the requesting person to pay a fee to inspect data.
1.23 	(b) For purposes of this section, "inspection" includes, but is not limited to, the 
1.24 	visual inspection of paper and similar types of government data. Inspection does not 
1.25 	include printing copies by the government entity, unless printing a copy is the only 
2.1 	method to provide for inspection of the data. In the case of data stored in electronic form 
2.2 	and made available in electronic form on a remote access basis to the public by the 
2.3 	government entity, inspection includes remote access to the data by the public and the 
2.4 	ability to print copies of or download the data on the public's own computer equipment. 
2.5 	Nothing in this section prohibits a government entity from charging a reasonable fee for 
2.6 	remote access to data under a specific statutory grant of authority. A government entity 
2.7 	may charge a fee for remote access to data where either the data or the access is enhanced 
2.8 	at the request of the person seeking access.
2.9 	(c) The responsible authority or designee shall provide copies of public data upon 
2.10 	request. If a person requests copies or electronic transmittal of the data to the person, 
2.11 	the responsible authority may require the requesting person to pay the actual costs of 
2.12 	searching for and retrieving government data, including the cost of employee time, and for 
2.13 	making, certifying, compiling, and electronically transmitting the copies of the data or the 
2.14 	data, but may not charge for separating public from not public data. However, if 100 or 
2.15 	fewer pages of black and white, letter or legal size paper copies are requested, actual costs 
2.16 	shall not be used, and instead, the responsible authority may charge no more than 25 cents 
2.17 	for each page copied. If the responsible authority or designee is not able to provide copies 
2.18 	at the time a request is made, copies shall be supplied as soon as reasonably possible.
2.19 	(d) When a request under this subdivision involves any person's receipt of copies 
2.20 	of public government data that has commercial value and is a substantial and discrete 
2.21 	portion of or an entire formula, pattern, compilation, program, device, method, technique, 
2.22 	process, database, or system developed with a significant expenditure of public funds by 
2.23 	the government entity, the responsible authority may charge a reasonable fee for the 
2.24 	information in addition to the costs of making, certifying, and compilingand certifying the 
2.25 	copies. Any fee charged must be clearly demonstrated by the government entity to relate 
2.26 	to the actual development costs of the information. The responsible authority, upon the 
2.27 	request of any person, shall provide sufficient documentation to explain and justify the 
2.28 	fee being charged.
2.29 	(e) The responsible authority of a government entity that maintains public 
2.30 	government data in a computer storage medium shall provide to any person making a 
2.31 	request under this section a copy of any public data contained in that medium, in electronic 
2.32 	form, if the government entity can reasonably make the copy or have a copy made. 
2.33 	This does not require a government entity to provide the data in an electronic format or 
2.34 	program that is different from the format or program in which the data are maintained 
2.35 	by the government entity. The entity may require the requesting person to pay the actual 
2.36 	cost of providing the copy.
3.1 	(f) If the responsible authority or designee determines that the requested data is 
3.2 	classified so as to deny the requesting person access, the responsible authority or designee 
3.3 	shall inform the requesting person of the determination either orally at the time of the 
3.4 	request, or in writing as soon after that time as possible, and shall cite the specific 
3.5 	statutory section, temporary classification, or specific provision of federal law on which 
3.6 	the determination is based. Upon the request of any person denied access to data, the 
3.7 	responsible authority or designee shall certify in writing that the request has been denied 
3.8 	and cite the specific statutory section, temporary classification, or specific provision of 
3.9 	federal law upon which the denial was based.

3.10 	Sec. 3. Minnesota Statutes 2006, section 13.32, is amended by adding a subdivision to 
3.11 	read:
3.12 		Subd. 11.Data sharing; improving instruction.  The following educational data 
3.13 	may be shared between the Department of Education and the Minnesota Office of Higher 
3.14 	Education as authorized by Code of Federal Regulations, title 34, section 99.31(a)(6), to 
3.15 	analyze instruction in school districts for purposes of improvement:
3.16 	(1) attendance data, including name of school or institution, school district, year or 
3.17 	term of attendance, and term type;
3.18 	(2) student demographic and enrollment data;
3.19 	(3) academic performance and testing data; and 
3.20 	(4) special academic services received by a student.
3.21 	Any analysis of or report on the data must contain only summary data.

3.22 	Sec. 4. Minnesota Statutes 2007 Supplement, section 13.39, subdivision 2, is amended 
3.23 	to read:
3.24 		Subd. 2.Civil actions. (a) Except as provided in paragraph (b), data collected by 
3.25 	state agencies, political subdivisions, or statewide systemsa government entity as part of 
3.26 	an active investigation undertaken for the purpose of the commencement or defense of a 
3.27 	pending civil legal action, or which are retained in anticipation of a pending civil legal 
3.28 	action, are classified as protected nonpublic data pursuant to section 13.02, subdivision 
3.29 	13, in the case of data not on individuals and confidential pursuant to section 13.02, 
3.30 	subdivision 3, in the case of data on individuals. Any agency, political subdivision, or 
3.31 	statewide systemgovernment entity may make any data classified as confidential or 
3.32 	protected nonpublic pursuant to this subdivision accessible to any person, agency or 
3.33 	the public if the agency, political subdivision, or statewide systemgovernment entity 
4.1 	determines that the access will aid the law enforcement process, promote public health or 
4.2 	safety or dispel widespread rumor or unrest. 
4.3 	(b) A complainant has access to a statement provided by the complainant to a  
4.4 	government entity under paragraph (a).

4.5 	Sec. 5. Minnesota Statutes 2007 Supplement, section 13.39, subdivision 2a, is 
4.6 	amended to read:
4.7 		Subd. 2a.Disclosure of data. During the time when a civil legal action is 
4.8 	determined to be pending under subdivision 1, any person may bring an action in the 
4.9 	district court in the county where the data isare maintained to obtain disclosure of data 
4.10 	classified as confidential or protected nonpublic under subdivision 2. The court may order 
4.11 	that all or part of the data be released to the public or to the person bringing the action. In 
4.12 	making the determination whether data shall be disclosed, the court shall consider whether 
4.13 	the benefit to the person bringing the action or to the public outweighs any harm to the 
4.14 	public, the government entity, or any person identified in the data. The data in dispute 
4.15 	shall be examined by the court in camera.

4.16 	Sec. 6. Minnesota Statutes 2006, section 123B.03, subdivision 2, is amended to read:
4.17 		Subd. 2.Conditional hiring; discharge Effect of background check. (a) A school 
4.18 	hiring authority may hire an individual pending completion of a background check under 
4.19 	subdivision 1 but shall notify the individual that the individual's employment may be 
4.20 	terminated based on the result of the background check. A school hiring authority is not 
4.21 	liable for failing to hire or for terminating an individual's employment based on the result 
4.22 	of a background check under this section.
4.23 	(b) An individual must be informed by the school hiring authority if the individual's 
4.24 	application to be an employee or volunteer in the district has been denied as a result 
4.25 	of a background check conducted under this section. The school hiring authority must 
4.26 	also inform an individual who is a current employee or volunteer if their employment 
4.27 	or volunteer status in the district is being terminated as a result of a background check 
4.28 	conducted under this section.

4.29 	Sec. 7. Minnesota Statutes 2006, section 123B.03, subdivision 3, is amended to read:
4.30 		Subd. 3.Definitions. For purposes of this section:
4.31 	(a) "School" means a school as defined in section 120A.22, subdivision 4, except 
4.32 	a home school, and includes a school receiving tribal contract or grant school aid under 
4.33 	section 124D.83; school, for the purposes of this section, also means a service cooperative, 
5.1 	a special education cooperative, or an education district under Minnesota Statutes 1997 
5.2 	Supplement, section 123.35, a charter school under section 124D.10, an intermediate 
5.3 	school district under section 136D.01, and a joint powers district under section 471.59. 
5.4 	(b) "School hiring authority" means the school principal or other person having 
5.5 	general control and supervision of the school.
5.6 	(c) "Security violation" means failing to prevent or failing to institute safeguards 
5.7 	to prevent the access, use, retention, or dissemination of information in violation of the 
5.8 	security and management control outsourcing standard established by the state compact 
5.9 	officer under section 299C.58, article I, paragraph (2), clause (B).

5.10 	Sec. 8. Minnesota Statutes 2006, section 123B.03, is amended by adding a subdivision 
5.11 	to read:
5.12 		Subd. 4.Third-party contractors; responsibility for criminal history record 
5.13 	information. (a) For purposes of this section, a school hiring authority may contract with 
5.14 	an eligible third party to conduct the criminal history background check required under 
5.15 	subdivision 1. Before entering into the contract, the school hiring authority must:
5.16 	(1) provide the state compact officer with the name of the proposed third-party 
5.17 	contractor and a copy of the proposed contract;
5.18 	(2) determine from the state compact officer whether the proposed contractor has 
5.19 	committed a security violation; and
5.20 	(3) request and receive permission from the state compact officer to enter into the 
5.21 	contract with the proposed contractor.
5.22 	A third-party contractor that has committed a security violation is ineligible to 
5.23 	participate under this section.
5.24 	(b) The contract must specify the purposes for which the background check 
5.25 	information may be made available and incorporate into the contract by reference the 
5.26 	management control outsourcing standard referred to in subdivision 3, paragraph (c). A 
5.27 	third-party contractor under this section is subject to section 13.05, subdivision 11.
5.28 	(c) A school hiring authority must inform an individual who is the subject of a 
5.29 	criminal history background check that the individual has the right to request and obtain 
5.30 	from the school hiring authority a copy of the background check report. A school hiring 
5.31 	authority may charge the individual for the actual cost of providing a copy of the report. 
5.32 	An individual who is the subject of a criminal history background check has the right to 
5.33 	challenge the accuracy and completeness of information contained in the background 
5.34 	check report under section 13.04, subdivision 4.

6.1 	Sec. 9. Minnesota Statutes 2006, section 260B.171, subdivision 5, is amended to read:
6.2 		Subd. 5.Peace officer records of children. (a) Except for records relating to 
6.3 	an offense where proceedings are public under section 260B.163, subdivision 1, peace 
6.4 	officers' records of children who are or may be delinquent or who may be engaged in 
6.5 	criminal acts shall be kept separate from records of persons 18 years of age or older 
6.6 	and are private data but shall be disseminated: (1) by order of the juvenile court, (2) as 
6.7 	required by section 121A.28, (3) as authorized under section 13.82, subdivision 2, (4) to 
6.8 	the child or the child's parent or guardian unless disclosure of a record would interfere 
6.9 	with an ongoing investigation, (5) to the Minnesota crime victims reparations board as 
6.10 	required by section 611A.56, subdivision 2, clause (f), for the purpose of processing 
6.11 	claims for crime victims reparations, or (6) as otherwise provided in this subdivision. 
6.12 	Except as provided in paragraph (c), no photographs of a child taken into custody may be 
6.13 	taken without the consent of the juvenile court unless the child is alleged to have violated 
6.14 	section 169A.20. Peace officers' records containing data about children who are victims 
6.15 	of crimes or witnesses to crimes must be administered consistent with section 13.82, 
6.16 	subdivisions 2, 3, 6, and 17. Any person violating any of the provisions of this subdivision 
6.17 	shall be guilty of a misdemeanor. 
6.18 	In the case of computerized records maintained about juveniles by peace officers, 
6.19 	the requirement of this subdivision that records about juveniles must be kept separate 
6.20 	from adult records does not mean that a law enforcement agency must keep its records 
6.21 	concerning juveniles on a separate computer system. Law enforcement agencies may keep 
6.22 	juvenile records on the same computer as adult records and may use a common index to 
6.23 	access both juvenile and adult records so long as the agency has in place procedures that 
6.24 	keep juvenile records in a separate place in computer storage and that comply with the 
6.25 	special data retention and other requirements associated with protecting data on juveniles.
6.26 	(b) Nothing in this subdivision prohibits the exchange of information by law 
6.27 	enforcement agencies if the exchanged information is pertinent and necessary for law 
6.28 	enforcement purposes.
6.29 	(c) A photograph may be taken of a child taken into custody pursuant to section 
6.30 	260B.175, subdivision 1, clause (b), provided that the photograph must be destroyed when 
6.31 	the child reaches the age of 19 years. The commissioner of corrections may photograph 
6.32 	juveniles whose legal custody is transferred to the commissioner. Photographs of juveniles 
6.33 	authorized by this paragraph may be used only for institution management purposes, 
6.34 	case supervision by parole agents, and to assist law enforcement agencies to apprehend 
6.35 	juvenile offenders. The commissioner shall maintain photographs of juveniles in the same 
6.36 	manner as juvenile court records and names under this section. 
7.1 	(d) Traffic investigation reports are open to inspection by a person who has sustained 
7.2 	physical harm or economic loss as a result of the traffic accident. Identifying information 
7.3 	on juveniles who are parties to traffic accidents may be disclosed as authorized under 
7.4 	section 13.82, subdivision 4 6, and accident reports required under section 169.09 may be 
7.5 	released under section 169.09, subdivision 13, unless the information would identify a 
7.6 	juvenile who was taken into custody or who is suspected of committing an offense that 
7.7 	would be a crime if committed by an adult, or would associate a juvenile with the offense, 
7.8 	and the offense is not an adult court traffic offense under section 260B.225. 
7.9 	(e) The head of a law enforcement agency or a person specifically given the duty 
7.10 	by the head of the law enforcement agency shall notify the superintendent or chief 
7.11 	administrative officer of a juvenile's school of an incident occurring within the agency's 
7.12 	jurisdiction if:
7.13 	(1) the agency has probable cause to believe that the juvenile has committed an 
7.14 	offense that would be a crime if committed as an adult, that the victim of the offense is a 
7.15 	student or staff member of the school, and that notice to the school is reasonably necessary 
7.16 	for the protection of the victim; or
7.17 	(2) the agency has probable cause to believe that the juvenile has committed an 
7.18 	offense described in subdivision 3, paragraph (a), clauses (1) to (3), that would be a crime 
7.19 	if committed by an adult, regardless of whether the victim is a student or staff member 
7.20 	of the school.
7.21 	A law enforcement agency is not required to notify the school under this paragraph 
7.22 	if the agency determines that notice would jeopardize an ongoing investigation. For 
7.23 	purposes of this paragraph, "school" means a public or private elementary, middle, 
7.24 	secondary, or charter school.
7.25 	(f) In any county in which the county attorney operates or authorizes the operation 
7.26 	of a juvenile prepetition or pretrial diversion program, a law enforcement agency or 
7.27 	county attorney's office may provide the juvenile diversion program with data concerning 
7.28 	a juvenile who is a participant in or is being considered for participation in the program.
7.29 	(g) Upon request of a local social services agency, peace officer records of 
7.30 	children who are or may be delinquent or who may be engaged in criminal acts may be 
7.31 	disseminated to the agency to promote the best interests of the subject of the data.
7.32 	(h) Upon written request, the prosecuting authority shall release investigative data 
7.33 	collected by a law enforcement agency to the victim of a criminal act or alleged criminal 
7.34 	act or to the victim's legal representative, except as otherwise provided by this paragraph. 
7.35 	Data shall not be released if:
8.1 	(1) the release to the individual subject of the data would be prohibited under 
8.2 	section 13.821; or 
8.3 	(2) the prosecuting authority reasonably believes:
8.4 	(i) that the release of that data will interfere with the investigation; or
8.5 	(ii) that the request is prompted by a desire on the part of the requester to engage in 
8.6 	unlawful activities.

8.7 	Sec. 10. [332.70] BUSINESS SCREENING SERVICES; DATA PRACTICES.
8.8 		Subdivision 1.Definitions. For purposes of this section: 
8.9 	(a) "Business screening service" means a person regularly engaged in the business 
8.10 	of collecting, assembling, evaluating, or disseminating criminal record information on 
8.11 	individuals for a fee. Business screening service does not include a government entity, as 
8.12 	defined in section 13.02, or the news media.
8.13 	(b) "Conviction" has the meaning given in section 609.02, subdivision 5.
8.14 	(c) "Criminal record" means a record of an arrest, citation, prosecution, criminal 
8.15 	proceeding, or conviction.
8.16 		Subd. 2.Criminal records. A business screening service must not disseminate a 
8.17 	criminal record unless the record has been updated within the previous 30 days.
8.18 		Subd. 3.Correction and deletion of records. (a) If the completeness or accuracy 
8.19 	of a criminal record maintained by a business screening service is disputed by the 
8.20 	individual who is the subject of the record, the screening service shall, without charge, 
8.21 	investigate the disputed record. In conducting an investigation, the business screening 
8.22 	service shall review and consider all relevant information submitted by the subject of the 
8.23 	record with respect to the disputed record.
8.24 	(b) If the disputed record is found to be inaccurate or incomplete, the business 
8.25 	screening service shall promptly correct the record. If the disputed record is found to be 
8.26 	sealed, expunged, or the subject of a pardon, the business screening service shall promptly 
8.27 	delete the record.
8.28 	(c) A business screening service may terminate an investigation of a disputed record 
8.29 	if the business screening agency reasonably determines that the dispute is frivolous, which 
8.30 	may be based on the failure of the subject of the record to provide sufficient information to 
8.31 	investigate the disputed record. Upon making a determination that the dispute is frivolous, 
8.32 	the business screening service shall inform the subject of the record of the specific reasons 
8.33 	why it has determined that the dispute is frivolous and provide a description of any 
8.34 	information required to investigate the disputed record.
9.1 	(d) The business screening service shall notify the subject of the disputed record 
9.2 	of the correction or deletion of the record or of the termination or completion of the 
9.3 	investigation related to the record within 30 days of the date when the agency receives 
9.4 	notice of the dispute from the subject of the record.
9.5 		Subd. 4.Date and notice required. A business screening service that disseminates 
9.6 	a criminal record must include the date when the record was collected and a notice that 
9.7 	the information may include records that have been expunged, sealed, or otherwise have 
9.8 	become inaccessible to the public since that date.
9.9 		Subd. 5.Remedies; relationship to FCRA. (a) A business screening service that 
9.10 	violates this section is liable to the individual who is the subject of the record for a penalty 
9.11 	of $1,000 or actual damages caused by the violation, whichever is greater, plus costs and 
9.12 	disbursements and reasonable attorney fees.
9.13 	(b) A business screening service in compliance with the applicable provisions of the 
9.14 	Fair Credit Reporting Act, United State Code, title 15, section 1681, et seq., is considered 
9.15 	to be in compliance with this section. Those entities are subject to the state remedies under 
9.16 	this subdivision when their actions would violate this section and federal law.
9.17 		Subd. 6.Service of process; jurisdiction. A business screening service that 
9.18 	disseminates criminal record information in this state or that obtains a criminal record 
9.19 	from a government entity, as defined in section 13.02, or a court in this state is deemed to 
9.20 	have consented to service of process in this state for purposes of section 5.25, subdivision 
9.21 	4, or other applicable law and to the jurisdiction of courts in this state for actions involving 
9.22 	a violation of this section or for the recovery of remedies under this section.

9.23 	Sec. 11. Minnesota Statutes 2006, section 518.10, is amended to read:
9.24 	518.10 REQUISITES OF PETITION.
9.25 		Subdivision 1.Petition. The petition for dissolution of marriage or legal separation 
9.26 	shall state and allege:
9.27 	(a) the name, and address, and, in circumstances in which child support or spousal 
9.28 	maintenance will be addressed, Social Security number of the petitioner and any prior or 
9.29 	other name used by the petitioner;
9.30 	(b) the name and, if known, the address and, in circumstances in which child support 
9.31 	or spousal maintenance will be addressed, Social Security number of the respondent and 
9.32 	any prior or other name used by the respondent and known to the petitioner;
9.33 	(c) the place and date of the marriage of the parties;
9.34 	(d) in the case of a petition for dissolution, that either the petitioner or the respondent 
9.35 	or both:
10.1 	(1) has resided in this state for not less than 180 days immediately preceding the 
10.2 	commencement of the proceeding, or
10.3 	(2) has been a member of the armed services and has been stationed in this state for 
10.4 	not less than 180 days immediately preceding the commencement of the proceeding, or
10.5 	(3) has been a domiciliary of this state for not less than 180 days immediately 
10.6 	preceding the commencement of the proceeding;
10.7 	(e) the name at the time of the petition and any prior or other name, Social Security 
10.8 	number, age, and date of birth of each living minor or dependent child of the parties born 
10.9 	before the marriage or born or adopted during the marriage and a reference to, and the 
10.10 	expected date of birth of, a child of the parties conceived during the marriage but not born;
10.11 	(f) whether or not a separate proceeding for dissolution, legal separation, or custody 
10.12 	is pending in a court in this state or elsewhere;
10.13 	(g) in the case of a petition for dissolution, that there has been an irretrievable 
10.14 	breakdown of the marriage relationship;
10.15 	(h) in the case of a petition for legal separation, that there is a need for a decree 
10.16 	of legal separation;
10.17 	(i) any temporary or permanent maintenance, child support, child custody, 
10.18 	disposition of property, attorneys' fees, costs and disbursements applied for without setting 
10.19 	forth the amounts; and
10.20 	(j) whether an order for protection under chapter 518B or a similar law of another 
10.21 	state that governs the parties or a party and a minor child of the parties is in effect and, if 
10.22 	so, the district court or similar jurisdiction in which it was entered.
10.23 	The petition shall be verified by the petitioner or petitioners, and its allegations 
10.24 	established by competent evidence.
10.25 		Subd. 2.Social Security number document. In proceedings where child support 
10.26 	or spousal maintenance issues will be addressed, the petition under subdivision 1 must 
10.27 	be accompanied by a separate document that contains the Social Security numbers of the 
10.28 	petitioner and the respondent. The Social Security number document must be maintained 
10.29 	in a portion of the court file or records that are not accessible to the general public.