1.1 	A bill for an act
1.2 	relating to data practices; classifying data; requiring protection from disclosure 
1.3 	of data; making technical changes; increasing liability limits for damages; 
1.4 	authorizing data sharing; regulating Social Security data; requiring notification 
1.5 	of denial based upon background check; defining terms; regulating contracts 
1.6 	with criminal history background check contractors; regulating data related 
1.7 	to explosives or blasting agents; regulating practices of business screening 
1.8 	services; authorizing electronic exchange of certain data;amending Minnesota 
1.9 	Statutes 2006, sections 6.715, by adding a subdivision; 13.03, subdivision 3; 
1.10 	13.08, subdivision 1; 13.202, subdivision 11; 13.32, by adding a subdivision; 
1.11 	13.355, by adding a subdivision; 13.601, subdivision 3; 13.6905, by adding a 
1.12 	subdivision; 123B.03, subdivisions 2, 3, by adding a subdivision; 260B.171, 
1.13 	subdivision 5; 299F.28; 299F.75, by adding a subdivision; 383B.917, subdivision 
1.14 	1; 518.10; Minnesota Statutes 2007 Supplement, sections 13.08, subdivision 4; 
1.15 	13.39, subdivisions 2, 2a; 268.19, subdivision 1; proposing coding for new law 
1.16 	in Minnesota Statutes, chapters 332; 473.
1.17 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

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

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

3.15 	Sec. 3. Minnesota Statutes 2006, section 13.08, subdivision 1, is amended to read:
3.16 		Subdivision 1.Action for damages. Notwithstanding section 466.03, a responsible 
3.17 	authority or government entity which violates any provision of this chapter is liable to a 
3.18 	person or representative of a decedent who suffers any damage as a result of the violation, 
3.19 	and the person damaged or a representative in the case of private data on decedents or 
3.20 	confidential data on decedents may bring an action against the responsible authority or 
3.21 	government entity to cover any damages sustained, plus costs and reasonable attorney 
3.22 	fees. In the case of a willful violation, the government entity shall, in addition, be liable 
3.23 	to exemplary damages of not less than $100 $1,000, nor more than $10,000 $15,000 for 
3.24 	each violation. The state is deemed to have waived any immunity to a cause of action 
3.25 	brought under this chapter.

3.26 	Sec. 4. Minnesota Statutes 2007 Supplement, section 13.08, subdivision 4, is amended 
3.27 	to read:
3.28 		Subd. 4.Action to compel compliance. (a) In addition to the remedies provided in 
3.29 	subdivisions 1 to 3 or any other law, any aggrieved person seeking to enforce the person's 
3.30 	rights under this chapter or obtain access to data may bring an action in district court to 
3.31 	compel compliance with this chapter and may recover costs and disbursements, including 
3.32 	reasonable attorney's fees, as determined by the court. If the court determines that an action 
3.33 	brought under this subdivision is frivolous and without merit and a basis in fact, it may 
3.34 	award reasonable costs and attorney fees to the responsible authority. If the court issues an 
4.1 	order to compel compliance under this subdivision, the court may impose a civil penalty 
4.2 	of up to $300 $1,000 against the government entity. This penalty is payable to the state 
4.3 	general fund and is in addition to damages under subdivision 1. The matter shall be heard 
4.4 	as soon as possible. In an action involving a request for government data under section 
4.5 	13.03 or 13.04, the court may inspect in camera the government data in dispute, but shall 
4.6 	conduct its hearing in public and in a manner that protects the security of data classified as 
4.7 	not public. If the court issues an order to compel compliance under this subdivision, the 
4.8 	court shall forward a copy of the order to the commissioner of administration. 
4.9 	(b) In determining whether to assess a civil penalty under this subdivision, the court 
4.10 	shall consider whether the government entity has substantially complied with general 
4.11 	data practices under this chapter, including but not limited to, whether the government 
4.12 	entity has:
4.13 	(1) designated a responsible authority under section 13.02, subdivision 16; 
4.14 	(2) designated a data practices compliance official under section 13.05, subdivision 
4.15 	13; 
4.16 	(3) prepared the public document that names the responsible authority and describes 
4.17 	the records and data on individuals that are maintained by the government entity under 
4.18 	section 13.05, subdivision 1; 
4.19 	(4) developed public access procedures under section 13.03, subdivision 2; 
4.20 	procedures to guarantee the rights of data subjects under section 13.05, subdivision 8; and 
4.21 	procedures to ensure that data on individuals are accurate and complete and to safeguard 
4.22 	the data's security under section 13.05, subdivision 5; 
4.23 	(5)  acted in conformity with an opinion issued under section 13.072 that was sought 
4.24 	by a government entity or another person; or 
4.25 	(6) provided ongoing training to government entity personnel who respond to 
4.26 	requests under this chapter.
4.27 	(c) The court shall award reasonable attorney fees to a prevailing plaintiff who has 
4.28 	brought an action under this subdivision if the government entity that is the defendant in 
4.29 	the action was also the subject of a written opinion issued under section 13.072 and the 
4.30 	court finds that the opinion is directly related to the cause of action being litigated and that 
4.31 	the government entity did not act in conformity with the opinion. 

4.32 	Sec. 5. Minnesota Statutes 2006, section 13.202, subdivision 11, is amended to read:
4.33 		Subd. 11.Metropolitan government. (a) Affirmative action plans. Treatment 
4.34 	of data relating to metropolitan agency affirmative action plans is governed by section 
4.35 	473.143, subdivisions 5 and 7. 
5.1 	(b)  Contracts for management services. Data relating to compensation of 
5.2 	personnel who work under a management service contract are classified by section 
5.3 	473.405, subdivision 12. 
5.4 	(c)  Arena acquisition. Certain data in connection with a decision whether to acquire 
5.5 	a sports arena are classified under section 473.598, subdivision 4. 
5.6 	(d)  Airports commission. Certain airline data submitted to the Metropolitan 
5.7 	Airports Commission in connection with the issuance of revenue bonds are classified 
5.8 	under section 473.6671, subdivision 3. 
5.9 	(e)  Solid waste landfill fee. Information obtained from the operator of a mixed 
5.10 	municipal solid waste disposal facility under section 473.843 is classified under section 
5.11 	473.843, subdivision 4. 
5.12 	(f) Metropolitan airport parking customers. Data relating to applicants for or 
5.13 	users of automated parking facilities at the Minneapolis-St. Paul International Airport are 
5.14 	classified under section 473.674.

5.15 	Sec. 6. Minnesota Statutes 2006, section 13.32, is amended by adding a subdivision to 
5.16 	read:
5.17 		Subd. 11.Data sharing; improving instruction.  The following educational data 
5.18 	may be shared between the Department of Education and the Minnesota Office of Higher 
5.19 	Education as authorized by Code of Federal Regulations, title 34, section 99.31(a)(6), to 
5.20 	analyze instruction in school districts for purposes of improvement:
5.21 	(1) attendance data, including name of school or institution, school district, year or 
5.22 	term of attendance, and term type;
5.23 	(2) student demographic and enrollment data;
5.24 	(3) academic performance and testing data; and 
5.25 	(4) special academic services received by a student.
5.26 	Any analysis of or report on the data must contain only summary data.

5.27 	Sec. 7. Minnesota Statutes 2006, section 13.355, is amended by adding a subdivision 
5.28 	to read:
5.29 		Subd. 3.Prohibition on use of Social Security number on face of mailings.
 5.30 	A government entity must not:
5.31 	(1) mail or deliver or cause to be mailed or delivered an item that displays a Social 
5.32 	Security number on the outside of the item or in a manner where the Social Security 
5.33 	number is visible without opening the item; or
6.1 	(2) require or request a person to mail or deliver or cause to be mailed or delivered 
6.2 	an item that displays a Social Security number on the outside of the item or in a manner 
6.3 	where the Social Security number is visible without opening the item.

6.4 	Sec. 8. Minnesota Statutes 2007 Supplement, section 13.39, subdivision 2, is amended 
6.5 	to read:
6.6 		Subd. 2.Civil actions. (a) Except as provided in paragraph (b), data collected by 
6.7 	state agencies, political subdivisions, or statewide systemsa government entity as part of 
6.8 	an active investigation undertaken for the purpose of the commencement or defense of a 
6.9 	pending civil legal action, or which are retained in anticipation of a pending civil legal 
6.10 	action, are classified as protected nonpublic data pursuant to section 13.02, subdivision 
6.11 	13, in the case of data not on individuals and confidential pursuant to section 13.02, 
6.12 	subdivision 3, in the case of data on individuals. Any agency, political subdivision, or 
6.13 	statewide systemgovernment entity may make any data classified as confidential or 
6.14 	protected nonpublic pursuant to this subdivision accessible to any person, agency or 
6.15 	the public if the agency, political subdivision, or statewide systemgovernment entity 
6.16 	determines that the access will aid the law enforcement process, promote public health or 
6.17 	safety or dispel widespread rumor or unrest. 
6.18 	(b) A complainant has access to a statement provided by the complainant to a  
6.19 	government entity under paragraph (a).

6.20 	Sec. 9. Minnesota Statutes 2007 Supplement, section 13.39, subdivision 2a, is 
6.21 	amended to read:
6.22 		Subd. 2a.Disclosure of data. During the time when a civil legal action is 
6.23 	determined to be pending under subdivision 1, any person may bring an action in the 
6.24 	district court in the county where the data isare maintained to obtain disclosure of data 
6.25 	classified as confidential or protected nonpublic under subdivision 2. The court may order 
6.26 	that all or part of the data be released to the public or to the person bringing the action. In 
6.27 	making the determination whether data shall be disclosed, the court shall consider whether 
6.28 	the benefit to the person bringing the action or to the public outweighs any harm to the 
6.29 	public, the government entity, or any person identified in the data. The data in dispute 
6.30 	shall be examined by the court in camera.

6.31 	Sec. 10. Minnesota Statutes 2006, section 13.601, subdivision 3, is amended to read:
6.32 		Subd. 3.Applicants for election or appointment. The following data on all 
6.33 	applicants for election or appointment to a public body, including those subject to chapter 
7.1 	13D, are public: name, city of residence, education and training, employment history, 
7.2 	volunteer work, awards and honors, and prior government service or experience. (a) Data 
7.3 	about applicants for appointment to a public body collected by a government entity as a 
7.4 	result of the applicant's application for appointment to the public body are private data on 
7.5 	individuals except that the following are public:
7.6 	(1) name;
7.7 	(2) city of residence except when the appointment has a residency requirement that 
7.8 	requires the entire address to be public;
7.9 	(3) education and training;
7.10 	(4) employment history;
7.11 	(5) volunteer work;
7.12 	(6) awards and honors;
7.13 	(7) prior government service; and
7.14 	(8) any data required to be provided or that is voluntarily provided in an application 
7.15 	for appointment to a multimember agency pursuant to section 15.0597.
7.16 	(b) Once an individual is appointed to a public body, the following additional items 
7.17 	of data are public:
7.18 	(1) residential address; and
7.19 	(2) either a telephone number or electronic mail address where the appointee can be 
7.20 	reached, or both at the request of the appointee.
7.21 	(c) Notwithstanding paragraph (b), any electronic mail address or telephone number 
7.22 	provided by a public body for use by an appointee shall be public. An appointee may 
7.23 	use an electronic mail address or telephone number provided by the public body as the 
7.24 	designated electronic mail address or telephone number at which the appointee can be 
7.25 	reached.

7.26 	Sec. 11. Minnesota Statutes 2006, section 13.6905, is amended by adding a subdivision 
7.27 	to read:
7.28 		Subd. 28a.Use and storage of explosives. Data related to the use and storage of 
7.29 	explosives by individuals holding a permit are governed by sections 299F.28 and 299F.75, 
7.30 	subdivision 4.

7.31 	Sec. 12. Minnesota Statutes 2006, section 123B.03, subdivision 2, is amended to read:
7.32 		Subd. 2.Conditional hiring; discharge Effect of background check. (a) A school 
7.33 	hiring authority may hire an individual pending completion of a background check under 
7.34 	subdivision 1 but shall notify the individual that the individual's employment may be 
8.1 	terminated based on the result of the background check. A school hiring authority is not 
8.2 	liable for failing to hire or for terminating an individual's employment based on the result 
8.3 	of a background check under this section.
8.4 	(b) An individual must be informed by the school hiring authority if the individual's 
8.5 	application to be an employee or volunteer in the district has been denied as a result 
8.6 	of a background check conducted under this section. The school hiring authority must 
8.7 	also inform an individual who is a current employee or volunteer if the individual's 
8.8 	employment or volunteer status in the district is being terminated as a result of a 
8.9 	background check conducted under this section.

8.10 	Sec. 13. Minnesota Statutes 2006, section 123B.03, subdivision 3, is amended to read:
8.11 		Subd. 3.Definitions. For purposes of this section:
8.12 	(a) "School" means a school as defined in section 120A.22, subdivision 4, except 
8.13 	a home school, and includes a school receiving tribal contract or grant school aid under 
8.14 	section 124D.83; school, for the purposes of this section, also means a service cooperative, 
8.15 	a special education cooperative, or an education district under Minnesota Statutes 1997 
8.16 	Supplement, section 123.35, a charter school under section 124D.10, an intermediate 
8.17 	school district under section 136D.01, and a joint powers district under section 471.59. 
8.18 	(b) "School hiring authority" means the school principal or other person having 
8.19 	general control and supervision of the school.
8.20 	(c) "Security violation" means failing to prevent or failing to institute safeguards 
8.21 	to prevent the access, use, retention, or dissemination of information in violation of the 
8.22 	security and management control outsourcing standard established by the state compact 
8.23 	officer under section 299C.58, article I, paragraph (2), clause (B).

8.24 	Sec. 14. Minnesota Statutes 2006, section 123B.03, is amended by adding a 
8.25 	subdivision to read:
8.26 		Subd. 4.Third-party contractors; responsibility for criminal history record 
8.27 	information. (a) For purposes of this section, a school hiring authority may contract with 
8.28 	an eligible third party to conduct the criminal history background check required under 
8.29 	subdivision 1. Before entering into the contract, the school hiring authority must:
8.30 	(1) provide the state compact officer with the name of the proposed third-party 
8.31 	contractor and a copy of the proposed contract;
8.32 	(2) determine from the state compact officer whether the proposed contractor has 
8.33 	committed a security violation; and
9.1 	(3) request and receive permission from the state compact officer to enter into the 
9.2 	contract with the proposed contractor.
9.3 	A third-party contractor that has committed a security violation is ineligible to 
9.4 	participate under this section.
9.5 	(b) The contract must specify the purposes for which the background check 
9.6 	information may be made available and incorporate into the contract by reference the 
9.7 	management control outsourcing standard referred to in subdivision 3, paragraph (c). A 
9.8 	third-party contractor under this section is subject to section 13.05, subdivision 11.
9.9 	(c) A school hiring authority must inform an individual who is the subject of a 
9.10 	criminal history background check that the individual has the right to request and obtain 
9.11 	from the school hiring authority a copy of the background check report. A school hiring 
9.12 	authority may charge the individual for the actual cost of providing a copy of the report. 
9.13 	An individual who is the subject of a criminal history background check has the right to 
9.14 	challenge the accuracy and completeness of information contained in the background 
9.15 	check report under section 13.04, subdivision 4.

9.16 	Sec. 15. Minnesota Statutes 2006, section 260B.171, subdivision 5, is amended to read:
9.17 		Subd. 5.Peace officer records of children. (a) Except for records relating to 
9.18 	an offense where proceedings are public under section 260B.163, subdivision 1, peace 
9.19 	officers' records of children who are or may be delinquent or who may be engaged in 
9.20 	criminal acts shall be kept separate from records of persons 18 years of age or older 
9.21 	and are private data but shall be disseminated: (1) by order of the juvenile court, (2) as 
9.22 	required by section 121A.28, (3) as authorized under section 13.82, subdivision 2, (4) to 
9.23 	the child or the child's parent or guardian unless disclosure of a record would interfere 
9.24 	with an ongoing investigation, (5) to the Minnesota crime victims reparations board as 
9.25 	required by section 611A.56, subdivision 2, clause (f), for the purpose of processing 
9.26 	claims for crime victims reparations, or (6) as otherwise provided in this subdivision. 
9.27 	Except as provided in paragraph (c), no photographs of a child taken into custody may be 
9.28 	taken without the consent of the juvenile court unless the child is alleged to have violated 
9.29 	section 169A.20. Peace officers' records containing data about children who are victims 
9.30 	of crimes or witnesses to crimes must be administered consistent with section 13.82, 
9.31 	subdivisions 2, 3, 6, and 17. Any person violating any of the provisions of this subdivision 
9.32 	shall be guilty of a misdemeanor. 
9.33 	In the case of computerized records maintained about juveniles by peace officers, 
9.34 	the requirement of this subdivision that records about juveniles must be kept separate 
9.35 	from adult records does not mean that a law enforcement agency must keep its records 
10.1 	concerning juveniles on a separate computer system. Law enforcement agencies may keep 
10.2 	juvenile records on the same computer as adult records and may use a common index to 
10.3 	access both juvenile and adult records so long as the agency has in place procedures that 
10.4 	keep juvenile records in a separate place in computer storage and that comply with the 
10.5 	special data retention and other requirements associated with protecting data on juveniles.
10.6 	(b) Nothing in this subdivision prohibits the exchange of information by law 
10.7 	enforcement agencies if the exchanged information is pertinent and necessary for law 
10.8 	enforcement purposes.
10.9 	(c) A photograph may be taken of a child taken into custody pursuant to section 
10.10 	260B.175, subdivision 1, clause (b), provided that the photograph must be destroyed when 
10.11 	the child reaches the age of 19 years. The commissioner of corrections may photograph 
10.12 	juveniles whose legal custody is transferred to the commissioner. Photographs of juveniles 
10.13 	authorized by this paragraph may be used only for institution management purposes, 
10.14 	case supervision by parole agents, and to assist law enforcement agencies to apprehend 
10.15 	juvenile offenders. The commissioner shall maintain photographs of juveniles in the same 
10.16 	manner as juvenile court records and names under this section. 
10.17 	(d) Traffic investigation reports are open to inspection by a person who has sustained 
10.18 	physical harm or economic loss as a result of the traffic accident. Identifying information 
10.19 	on juveniles who are parties to traffic accidents may be disclosed as authorized under 
10.20 	section 13.82, subdivision 4 6, and accident reports required under section 169.09 may be 
10.21 	released under section 169.09, subdivision 13, unless the information would identify a 
10.22 	juvenile who was taken into custody or who is suspected of committing an offense that 
10.23 	would be a crime if committed by an adult, or would associate a juvenile with the offense, 
10.24 	and the offense is not an adult court traffic offense under section 260B.225. 
10.25 	(e) The head of a law enforcement agency or a person specifically given the duty 
10.26 	by the head of the law enforcement agency shall notify the superintendent or chief 
10.27 	administrative officer of a juvenile's school of an incident occurring within the agency's 
10.28 	jurisdiction if:
10.29 	(1) the agency has probable cause to believe that the juvenile has committed an 
10.30 	offense that would be a crime if committed as an adult, that the victim of the offense is a 
10.31 	student or staff member of the school, and that notice to the school is reasonably necessary 
10.32 	for the protection of the victim; or
10.33 	(2) the agency has probable cause to believe that the juvenile has committed an 
10.34 	offense described in subdivision 3, paragraph (a), clauses (1) to (3), that would be a crime 
10.35 	if committed by an adult, regardless of whether the victim is a student or staff member 
10.36 	of the school.
11.1 	A law enforcement agency is not required to notify the school under this paragraph 
11.2 	if the agency determines that notice would jeopardize an ongoing investigation. For 
11.3 	purposes of this paragraph, "school" means a public or private elementary, middle, 
11.4 	secondary, or charter school.
11.5 	(f) In any county in which the county attorney operates or authorizes the operation 
11.6 	of a juvenile prepetition or pretrial diversion program, a law enforcement agency or 
11.7 	county attorney's office may provide the juvenile diversion program with data concerning 
11.8 	a juvenile who is a participant in or is being considered for participation in the program.
11.9 	(g) Upon request of a local social services agency, peace officer records of 
11.10 	children who are or may be delinquent or who may be engaged in criminal acts may be 
11.11 	disseminated to the agency to promote the best interests of the subject of the data.
11.12 	(h) Upon written request, the prosecuting authority shall release investigative data 
11.13 	collected by a law enforcement agency to the victim of a criminal act or alleged criminal 
11.14 	act or to the victim's legal representative, except as otherwise provided by this paragraph. 
11.15 	Data shall not be released if:
11.16 	(1) the release to the individual subject of the data would be prohibited under 
11.17 	section 13.821; or 
11.18 	(2) the prosecuting authority reasonably believes:
11.19 	(i) that the release of that data will interfere with the investigation; or
11.20 	(ii) that the request is prompted by a desire on the part of the requester to engage in 
11.21 	unlawful activities.

11.22 	Sec. 16. Minnesota Statutes 2007 Supplement, section 268.19, subdivision 1, is 
11.23 	amended to read:
11.24 		Subdivision 1.Use of data. (a) Except as provided by this section, data gathered 
11.25 	from any person under the administration of the Minnesota Unemployment Insurance Law 
11.26 	are private data on individuals or nonpublic data not on individuals as defined in section 
11.27 	13.02, subdivisions 9 and 12, and may not be disclosed except according to a district court 
11.28 	order or section 13.05. A subpoena is not considered a district court order. These data 
11.29 	may be disseminated to and used by the following agencies without the consent of the 
11.30 	subject of the data:
11.31 	(1) state and federal agencies specifically authorized access to the data by state 
11.32 	or federal law;
11.33 	(2) any agency of any other state or any federal agency charged with the 
11.34 	administration of an unemployment insurance program;
12.1 	(3) any agency responsible for the maintenance of a system of public employment 
12.2 	offices for the purpose of assisting individuals in obtaining employment;
12.3 	(4) the public authority responsible for child support in Minnesota or any other 
12.4 	state in accordance with section 256.978;
12.5 	(5) human rights agencies within Minnesota that have enforcement powers;
12.6 	(6) the Department of Revenue to the extent necessary for its duties under Minnesota 
12.7 	laws;
12.8 	(7) public and private agencies responsible for administering publicly financed 
12.9 	assistance programs for the purpose of monitoring the eligibility of the program's 
12.10 	recipients;
12.11 	(8) the Department of Labor and Industry and the Division of Insurance Fraud 
12.12 	Prevention in the Department of Commerce for uses consistent with the administration of 
12.13 	their duties under Minnesota law;
12.14 	(9) local and state welfare agencies for monitoring the eligibility of the data subject 
12.15 	for assistance programs, or for any employment or training program administered by those 
12.16 	agencies, whether alone, in combination with another welfare agency, or in conjunction 
12.17 	with the department or to monitor and evaluate the statewide Minnesota family investment 
12.18 	program by providing data on recipients and former recipients of food stamps or food 
12.19 	support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance 
12.20 	under chapter 119B, or medical programs under chapter 256B, 256D, or 256L;
12.21 	(10) local and state welfare agencies for the purpose of identifying employment, 
12.22 	wages, and other information to assist in the collection of an overpayment debt in an 
12.23 	assistance program;
12.24 	(11) local, state, and federal law enforcement agencies for the purpose of ascertaining 
12.25 	the last known address and employment location of an individual who is the subject of 
12.26 	a criminal investigation;
12.27 	(12) the United States Citizenship and Immigration Services has access to data on 
12.28 	specific individuals and specific employers provided the specific individual or specific 
12.29 	employer is the subject of an investigation by that agency;
12.30 	(13) the Department of Health for the purposes of epidemiologic investigations; and
12.31 	(14) the Department of Corrections for the purpose of preconfinement and 
12.32 	postconfinement employment tracking of individuals who had been committed to the 
12.33 	custody of the commissioner of corrections committed offenders for the purpose of case 
12.34 	planning.
12.35 	(b) Data on individuals and employers that are collected, maintained, or used by 
12.36 	the department in an investigation under section 268.182 are confidential as to data 
13.1 	on individuals and protected nonpublic data not on individuals as defined in section 
13.2 	13.02, subdivisions 3 and 13, and must not be disclosed except under statute or district 
13.3 	court order or to a party named in a criminal proceeding, administrative or judicial, for 
13.4 	preparation of a defense.
13.5 	(c) Data gathered by the department in the administration of the Minnesota 
13.6 	unemployment insurance program must not be made the subject or the basis for any 
13.7 	suit in any civil proceedings, administrative or judicial, unless the action is initiated by 
13.8 	the department.

13.9 	EFFECTIVE DATE. This section is effective July 1, 2008.

13.10 	Sec. 17. Minnesota Statutes 2006, section 299F.28, is amended to read:
13.11 	299F.28 RECORDS ARE PUBLIC, EXCEPTIONS.
13.12 	(a) All records on file in the state fire marshal's office shall be public, except: (1) any 
13.13 	testimony, correspondence, or other matter taken in an investigation under the provisions 
13.14 	of this chapter, which the state fire marshal may withhold from the public; and (2) any 
13.15 	data collected on the locations of storage and use of explosives or blasting agents by 
13.16 	individuals authorized under sections 299F.72 to 299F.831, which shall be classified as 
13.17 	nonpublic data pursuant to section 13.02, subdivision 9.
13.18 	(b) The state fire marshal may share nonpublic data related to the storage or use of 
13.19 	explosives or blasting agents with law enforcement, and with employees of a government 
13.20 	entity or utility, as defined in section 609.594, subdivision 1, whose job duties require 
13.21 	access to a facility containing explosives or blasting agents. Any recipient of nonpublic 
13.22 	data under this paragraph is prohibited from disclosing the data to anyone not directly 
13.23 	involved in the work to be completed at the site where the explosives or blasting agents 
13.24 	are stored or to be used.

13.25 	EFFECTIVE DATE. This section is effective July 1, 2009.

13.26 	Sec. 18. Minnesota Statutes 2006, section 299F.75, is amended by adding a subdivision 
13.27 	to read:
13.28 		Subd. 4.Use of data. (a) The portions of an application submitted under this section 
13.29 	and any other data held by an issuing authority, local fire official, or law enforcement 
13.30 	agency that indicate the applicant's place and time of intended use of explosives or blasting 
13.31 	agents and place and means of storage of the explosives or blasting agents until such use 
13.32 	shall be classified as nonpublic data pursuant to section 13.02, subdivision 9.
14.1 	(b) Nonpublic data held pursuant to this section may be shared with other law 
14.2 	enforcement, and with employees of a government entity or utility, as defined in section 
14.3 	609.594, subdivision 1, whose job duties require access to a facility containing explosives 
14.4 	or blasting agents. Any recipient of nonpublic data under this paragraph is prohibited from 
14.5 	disclosing the data to anyone not directly involved in the work to be completed at the site 
14.6 	where the explosives or blasting agents are stored or to be used.

14.7 	EFFECTIVE DATE. This section is effective July 1, 2009.

14.8 	Sec. 19. [332.70] BUSINESS SCREENING SERVICES; DATA PRACTICES.
14.9 		Subdivision 1.Definitions. For purposes of this section: 
14.10 	(a) "Business screening service" means a person regularly engaged in the business 
14.11 	of collecting, assembling, evaluating, or disseminating criminal record information on 
14.12 	individuals for a fee. Business screening service does not include a government entity, as 
14.13 	defined in section 13.02, or the news media.
14.14 	(b) "Conviction" has the meaning given in section 609.02, subdivision 5.
14.15 	(c) "Criminal record" means a record of an arrest, citation, prosecution, criminal 
14.16 	proceeding, or conviction.
14.17 		Subd. 2.Criminal records. A business screening service must not disseminate a 
14.18 	criminal record unless the record has been updated within the previous month.
14.19 		Subd. 3.Correction and deletion of records. (a) If the completeness or accuracy 
14.20 	of a criminal record maintained by a business screening service is disputed by the 
14.21 	individual who is the subject of the record, the screening service shall, without charge, 
14.22 	investigate the disputed record. In conducting an investigation, the business screening 
14.23 	service shall review and consider all relevant information submitted by the subject of the 
14.24 	record with respect to the disputed record.
14.25 	(b) If the disputed record is found to be inaccurate or incomplete, the business 
14.26 	screening service shall promptly correct the record. If the disputed record is found to be 
14.27 	sealed, expunged, or the subject of a pardon, the business screening service shall promptly 
14.28 	delete the record.
14.29 	(c) A business screening service may terminate an investigation of a disputed record 
14.30 	if the business screening agency reasonably determines that the dispute is frivolous, which 
14.31 	may be based on the failure of the subject of the record to provide sufficient information to 
14.32 	investigate the disputed record. Upon making a determination that the dispute is frivolous, 
14.33 	the business screening service shall inform the subject of the record of the specific reasons 
14.34 	why it has determined that the dispute is frivolous and provide a description of any 
14.35 	information required to investigate the disputed record.
15.1 	(d) The business screening service shall notify the subject of the disputed record 
15.2 	of the correction or deletion of the record or of the termination or completion of the 
15.3 	investigation related to the record within 30 days of the date when the agency receives 
15.4 	notice of the dispute from the subject of the record.
15.5 		Subd. 4.Date and notice required. A business screening service that disseminates 
15.6 	a criminal record must include the date when the record was collected and a notice that 
15.7 	the information may include records that have been expunged, sealed, or otherwise have 
15.8 	become inaccessible to the public since that date.
15.9 		Subd. 5.Remedies; relationship to FCRA. (a) A business screening service that 
15.10 	violates this section is liable to the individual who is the subject of the record for a penalty 
15.11 	of $1,000 or actual damages caused by the violation, whichever is greater, plus costs and 
15.12 	disbursements and reasonable attorney fees.
15.13 	(b) A business screening service in compliance with the applicable provisions of the 
15.14 	Fair Credit Reporting Act, United State Code, title 15, section 1681, et seq., is considered 
15.15 	to be in compliance with this section. Those entities are subject to the state remedies under 
15.16 	this subdivision when their actions would violate this section and federal law.
15.17 		Subd. 6.Service of process; jurisdiction. A business screening service that 
15.18 	disseminates criminal record information in this state or that obtains a criminal record 
15.19 	from a government entity, as defined in section 13.02, or a court in this state is deemed to 
15.20 	have consented to service of process in this state for purposes of section 5.25, subdivision 
15.21 	4, or other applicable law and to the jurisdiction of courts in this state for actions involving 
15.22 	a violation of this section or for the recovery of remedies under this section.

15.23 	EFFECTIVE DATE. This section is effective July 1, 2009.

15.24 	Sec. 20. Minnesota Statutes 2006, section 383B.917, subdivision 1, is amended to read:
15.25 		Subdivision 1.Data Practices Act. (a) The corporation is subject to chapter 13, the 
15.26 	Minnesota Government Data Practices Act.
15.27 	(b) "Competitive data," as defined in this subdivision, are nonpublic data pursuant 
15.28 	to section 13.02, subdivision 9, or private data on individuals pursuant to section 13.02, 
15.29 	subdivision 12. Competitive data are any type of data that the corporation, in its discretion, 
15.30 	determines that if disclosed could cause competitive disadvantage to the corporation, 
15.31 	including causing adverse effects on the current or future competitive position of the 
15.32 	corporation or the entities, facilities, and operations for which it is responsible. Data 
15.33 	discussed at an open meeting of the corporation retains the data's original classification, 
15.34 	including classification as competitive data, as provided in section 13D.05, subdivision 
15.35 	1, paragraph (c). Any data disseminated by the corporation to the county shall retain the 
16.1 	same classification in the hands of the county, including the classification as competitive 
16.2 	data, as provided in section 13.03, subdivision 4.
16.3 	(c) A subsidiary, joint venture, association, partnership, or other entity that is formed 
16.4 	by the corporation is not subject to chapter 13, except that if the corporation enters into a 
16.5 	contract with such an entity to perform any functions of the corporation, the corporation 
16.6 	shall include in the contract terms that make it clear that data created, collected, received, 
16.7 	stored, used, maintained, or disseminated by the contracting entity in performing those 
16.8 	functions is subject to the same requirements under chapter 13 as the corporation under 
16.9 	this subdivision. However, this section does not create a duty on the part of the contracting 
16.10 	entity to provide access to public data to the public if the public data are available from 
16.11 	the corporation, except as required by the terms of the contract. Any entity contracting to 
16.12 	perform functions of the corporation may classify data as competitive data as defined in 
16.13 	paragraph (b).
16.14 	(d) Notwithstanding section 13.384, the corporation, a nonprofit corporation 
16.15 	providing physician services to the corporation and participating in an electronic exchange 
16.16 	of health records with the corporation, and other persons under contract with Hennepin 
16.17 	County who participate in the electronic exchange, may share medical data for purposes 
16.18 	of treatment, payment, or health care operations. The nonprofit corporation and other 
16.19 	participants in the electronic exchange are considered to be related health care entities 
16.20 	solely for purposes of section 144.293, subdivision 5, clause (2), and are not outside of the 
16.21 	corporation's facility for purposes of section 144.651, subdivision 16. This paragraph does 
16.22 	not otherwise limit the provisions of sections 144.291 to 144.298.

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

16.24 	Sec. 21. [473.674] AIRPORT PARKING SPACE CUSTOMER DATA.
16.25 	The following data relating to applicants for or users of automated parking facilities 
16.26 	at the Minneapolis-St. Paul International Airport are classified as nonpublic data with 
16.27 	regard to data not on individuals and as private data with regard to data on individuals: 
16.28 	(1) data contained in applications for an electronic tag or device that provides access to 
16.29 	airport parking facilities and which assesses charges for a vehicle's use of those facilities; 
16.30 	(2) personal and vehicle information data; (3) financial and credit data; and (4) parking 
16.31 	usage data. Nothing in this section prohibits the production of summary data as defined 
16.32 	in section 13.02, subdivision 19.

17.1 	Sec. 22. Minnesota Statutes 2006, section 518.10, is amended to read:
17.2 	518.10 REQUISITES OF PETITION.
17.3 		Subdivision 1.Petition. The petition for dissolution of marriage or legal separation 
17.4 	shall state and allege:
17.5 	(a) the name, and address, and, in circumstances in which child support or spousal 
17.6 	maintenance will be addressed, Social Security number of the petitioner and any prior or 
17.7 	other name used by the petitioner;
17.8 	(b) the name and, if known, the address and, in circumstances in which child support 
17.9 	or spousal maintenance will be addressed, Social Security number of the respondent and 
17.10 	any prior or other name used by the respondent and known to the petitioner;
17.11 	(c) the place and date of the marriage of the parties;
17.12 	(d) in the case of a petition for dissolution, that either the petitioner or the respondent 
17.13 	or both:
17.14 	(1) has resided in this state for not less than 180 days immediately preceding the 
17.15 	commencement of the proceeding, or
17.16 	(2) has been a member of the armed services and has been stationed in this state for 
17.17 	not less than 180 days immediately preceding the commencement of the proceeding, or
17.18 	(3) has been a domiciliary of this state for not less than 180 days immediately 
17.19 	preceding the commencement of the proceeding;
17.20 	(e) the name at the time of the petition and any prior or other name, Social Security 
17.21 	number, age, and date of birth of each living minor or dependent child of the parties born 
17.22 	before the marriage or born or adopted during the marriage and a reference to, and the 
17.23 	expected date of birth of, a child of the parties conceived during the marriage but not born;
17.24 	(f) whether or not a separate proceeding for dissolution, legal separation, or custody 
17.25 	is pending in a court in this state or elsewhere;
17.26 	(g) in the case of a petition for dissolution, that there has been an irretrievable 
17.27 	breakdown of the marriage relationship;
17.28 	(h) in the case of a petition for legal separation, that there is a need for a decree 
17.29 	of legal separation;
17.30 	(i) any temporary or permanent maintenance, child support, child custody, 
17.31 	disposition of property, attorneys' fees, costs and disbursements applied for without setting 
17.32 	forth the amounts; and
17.33 	(j) whether an order for protection under chapter 518B or a similar law of another 
17.34 	state that governs the parties or a party and a minor child of the parties is in effect and, if 
17.35 	so, the district court or similar jurisdiction in which it was entered.
18.1 	The petition shall be verified by the petitioner or petitioners, and its allegations 
18.2 	established by competent evidence.
18.3 		Subd. 2.Social Security number document. In proceedings where child support 
18.4 	or spousal maintenance issues will be addressed, the petition under subdivision 1 must 
18.5 	be accompanied by a separate document that contains the Social Security numbers of the 
18.6 	petitioner and the respondent. The Social Security number document must be maintained 
18.7 	in a portion of the court file or records that are not accessible to the general public.