SF 3235

1st Unofficial Engrossment - 85th Legislature (2007 - 2008)

Posted on 12/15/2009 12:00 a.m.

1.1A bill for an act 1.2relating to data practices; making technical changes; defining terms; authorizing 1.3electronic exchange of certain data; authorizing certain data sharing; prohibiting 1.4certain surveys; regulating Social Security data; regulating use of certain data; 1.5increasing liability limits for damages; requiring protection from disclosure for 1.6certain data; classifying data;amending Minnesota Statutes 2006, sections 6.715, 1.7by adding a subdivision; 13.03, subdivision 3; 13.08, subdivision 1; 13.202, 1.8subdivision 11; 13.41, subdivisions 1, 2, 5, by adding a subdivision; 13.601, 1.9subdivision 3, by adding a subdivision; 13.6905, by adding a subdivision; 1.10260B.171, subdivision 5; 299F.28; 299F.75, by adding a subdivision; 325E.59, 1.11by adding a subdivision; 383B.917, subdivision 1; 518.10; Minnesota Statutes 1.122007 Supplement, sections 13.08, subdivision 4; 13.39, subdivisions 2, 2a; 1.1313.41, subdivision 3; 256.01, subdivision 2b; 268.19, subdivision 1; proposing 1.14coding for new law in Minnesota Statutes, chapters 13; 473; repealing Minnesota 1.15Statutes 2006, section 13.41, subdivision 4. 1.16BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.17    Section 1. Minnesota Statutes 2006, section 6.715, is amended by adding a subdivision 1.18to read: 1.19     new text begin Subd. 5. new text end new text begin Review of data; data protection. new text end new text begin If, before releasing a report, the state new text end 1.20 new text begin auditor provides a person with data relating to the audit for the purpose of review and new text end 1.21 new text begin verification of the data, the person must protect the data from unlawful disclosure or be new text end 1.22 new text begin subject to the penalties and liabilities provided in sections 13.08 and 13.09. new text end 1.23    Sec. 2. Minnesota Statutes 2006, section 13.03, subdivision 3, is amended to read: 1.24    Subd. 3. Request for access to data. (a) Upon request to a responsible authority 1.25or designee, a person shall be permitted to inspect and copy public government data at 1.26reasonable times and places, and, upon request, shall be informed of the data's meaning. If 2.1a person requests access for the purpose of inspection, the responsible authority may not 2.2assess 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 2.4visual inspection of paper and similar types of government data. Inspection does not 2.5include printing copies by the government entity, unless printing a copy is the only 2.6method to provide for inspection of the data. In the case of data stored in electronic form 2.7and made available in electronic form on a remote access basis to the public by the 2.8government entity, inspection includes remote access to the data by the public and the 2.9ability to print copies of or download the data on the public's own computer equipment. 2.10Nothing in this section prohibits a government entity from charging a reasonable fee for 2.11remote access to data under a specific statutory grant of authority. A government entity 2.12may charge a fee for remote access to data where either the data or the access is enhanced 2.13at the request of the person seeking access. 2.14    (c) The responsible authority or designee shall provide copies of public data upon 2.15request. If a person requests copies or electronic transmittal of the data to the person, 2.16the responsible authority may require the requesting person to pay the actual costs of 2.17searching for and retrieving government data, including the cost of employee time, and for 2.18making, certifying, compiling, and electronically transmitting the copies of the data or the 2.19data, but may not charge for separating public from not public data. However, if 100 or 2.20fewer pages of black and white, letter or legal size paper copies are requested, actual costs 2.21shall not be used, and instead, the responsible authority may charge no more than 25 cents 2.22for each page copied. If the responsible authority or designee is not able to provide copies 2.23at 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 2.25of public government data that has commercial value and is a substantial and discrete 2.26portion of or an entire formula, pattern, compilation, program, device, method, technique, 2.27process, database, or system developed with a significant expenditure of public funds by 2.28the government entity, the responsible authority may charge a reasonable fee for the 2.29information in addition to the costs of making, certifying, and compiling new text begin and certifying new text end the 2.30copies. Any fee charged must be clearly demonstrated by the government entity to relate 2.31to the actual development costs of the information. The responsible authority, upon the 2.32request of any person, shall provide sufficient documentation to explain and justify the 2.33fee being charged. 2.34    (e) The responsible authority of a government entity that maintains public 2.35government data in a computer storage medium shall provide to any person making a 2.36request under this section a copy of any public data contained in that medium, in electronic 3.1form, if the government entity can reasonably make the copy or have a copy made. 3.2This does not require a government entity to provide the data in an electronic format or 3.3program that is different from the format or program in which the data are maintained 3.4by the government entity. The entity may require the requesting person to pay the actual 3.5cost of providing the copy. 3.6    (f) If the responsible authority or designee determines that the requested data is 3.7classified so as to deny the requesting person access, the responsible authority or designee 3.8shall inform the requesting person of the determination either orally at the time of the 3.9request, or in writing as soon after that time as possible, and shall cite the specific 3.10statutory section, temporary classification, or specific provision of federal law on which 3.11the determination is based. Upon the request of any person denied access to data, the 3.12responsible authority or designee shall certify in writing that the request has been denied 3.13and cite the specific statutory section, temporary classification, or specific provision of 3.14federal 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 3.17authority or government entity which violates any provision of this chapter is liable to a 3.18person or representative of a decedent who suffers any damage as a result of the violation, 3.19and the person damaged or a representative in the case of private data on decedents or 3.20confidential data on decedents may bring an action against the responsible authority or 3.21government entity to cover any damages sustained, plus costs and reasonable attorney 3.22fees. In the case of a willful violation, the government entity shall, in addition, be liable 3.23to exemplary damages of not less than $100 new text begin $5,000 new text end , nor more than $10,000 new text begin $50,000 new text end for 3.24each violation. The state is deemed to have waived any immunity to a cause of action 3.25brought under this chapter. 3.26    Sec. 4. Minnesota Statutes 2007 Supplement, section 13.08, subdivision 4, is amended 3.27to read: 3.28    Subd. 4. Action to compel compliance. (a) In addition to the remedies provided in 3.29subdivisions 1 to 3 or any other law, any aggrieved person seeking to enforce the person's 3.30rights under this chapter or obtain access to data may bring an action in district court to 3.31compel compliance with this chapter and may recover costs and disbursements, including 3.32reasonable attorney's fees, as determined by the court. If the court determines that an action 3.33brought under this subdivision is frivolous and without merit and a basis in fact, it may 3.34award reasonable costs and attorney fees to the responsible authority. If the court issues an 4.1order to compel compliance under this subdivision, the court may impose a civil penalty 4.2of up to $300 new text begin $3,000 new text end against the government entity. This penalty is payable to the state 4.3general fund and is in addition to damages under subdivision 1. The matter shall be heard 4.4as soon as possible. In an action involving a request for government data under section 4.513.03 or 13.04, the court may inspect in camera the government data in dispute, but shall 4.6conduct its hearing in public and in a manner that protects the security of data classified as 4.7not public. If the court issues an order to compel compliance under this subdivision, the 4.8court 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 4.10shall consider whether the government entity has substantially complied with general 4.11data practices under this chapter, including but not limited to, whether the government 4.12entity 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 4.1513 ; 4.16    (3) prepared the public document that names the responsible authority and describes 4.17the records and data on individuals that are maintained by the government entity under 4.18section 13.05, subdivision 1; 4.19    (4) developed public access procedures under section 13.03, subdivision 2; 4.20procedures to guarantee the rights of data subjects under section 13.05, subdivision 8; and 4.21procedures to ensure that data on individuals are accurate and complete and to safeguard 4.22the 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 4.24by a government entity or another person; or 4.25    (6) provided ongoing training to government entity personnel who respond to 4.26requests under this chapter. 4.27    (c) The court shall award reasonable attorney fees to a prevailing plaintiff who has 4.28brought an action under this subdivision if the government entity that is the defendant in 4.29the action was also the subject of a written opinion issued under section 13.072 and the 4.30court finds that the opinion is directly related to the cause of action being litigated and that 4.31the 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 4.34of data relating to metropolitan agency affirmative action plans is governed by section 4.35473.143, subdivisions 5 and 7 . 5.1    (b) Contracts for management services. Data relating to compensation of 5.2personnel who work under a management service contract are classified by section 5.3473.405, subdivision 12 . 5.4    (c) Arena acquisition. Certain data in connection with a decision whether to acquire 5.5a sports arena are classified under section 473.598, subdivision 4. 5.6    (d) Airports commission. Certain airline data submitted to the Metropolitan 5.7Airports Commission in connection with the issuance of revenue bonds are classified 5.8under section 473.6671, subdivision 3. 5.9    (e) Solid waste landfill fee. Information obtained from the operator of a mixed 5.10municipal solid waste disposal facility under section 473.843 is classified under section 5.11473.843, subdivision 4 . 5.12     new text begin (f) new text end new text begin Metropolitan airport parking customers. new text end new text begin Data relating to applicants for or new text end 5.13 new text begin users of automated parking facilities at the Minneapolis-St. Paul International Airport are new text end 5.14 new text begin classified under section 473.674. new text end 5.15    Sec. 6. new text begin [13.387] HEALTH ASSESSMENT SURVEY PROHIBITION. new text end 5.16 new text begin A health insurance company may not survey public employees for the purpose of new text end 5.17 new text begin assessing the health of the individual or collective group. new text end 5.18    Sec. 7. Minnesota Statutes 2007 Supplement, section 13.39, subdivision 2, is amended 5.19to read: 5.20    Subd. 2. Civil actions. (a) Except as provided in paragraph (b), data collected by 5.21state agencies, political subdivisions, or statewide systems new text begin a government entity new text end as part of 5.22an active investigation undertaken for the purpose of the commencement or defense of a 5.23pending civil legal action, or which are retained in anticipation of a pending civil legal 5.24action, are classified as protected nonpublic data pursuant to section 13.02, subdivision 5.2513 , in the case of data not on individuals and confidential pursuant to section 13.02, 5.26subdivision 3 , in the case of data on individuals. Any agency, political subdivision, or 5.27statewide system new text begin government entity new text end may make any data classified as confidential or 5.28protected nonpublic pursuant to this subdivision accessible to any person, agency or 5.29the public if the agency, political subdivision, or statewide system new text begin government entity new text end 5.30determines that the access will aid the law enforcement process new text begin or investigative process new text end , 5.31promote public health or safety or dispel widespread rumor or unrest. 5.32    (b) A complainant has access to a statement provided by the complainant to a 5.33government entity under paragraph (a). 6.1    Sec. 8. Minnesota Statutes 2007 Supplement, section 13.39, subdivision 2a, is 6.2amended to read: 6.3    Subd. 2a. Disclosure of data. During the time when a civil legal action is 6.4determined to be pending under subdivision 1, any person may bring an action in the 6.5district court in the county where the data is new text begin are new text end maintained to obtain disclosure of data 6.6classified as confidential or protected nonpublic under subdivision 2. The court may order 6.7that all or part of the data be released to the public or to the person bringing the action. In 6.8making the determination whether data shall be disclosed, the court shall consider whether 6.9the benefit to the person bringing the action or to the public outweighs any harm to the 6.10public, the government entity, or any person identified in the data. The data in dispute 6.11shall be examined by the court in camera. 6.12    Sec. 9. Minnesota Statutes 2006, section 13.41, subdivision 1, is amended to read: 6.13    Subdivision 1. Definition. As used in this section new text begin , the following terms have the new text end 6.14 new text begin meanings given them. new text end 6.15     new text begin (a) "License" means a credential specified in Minnesota Statutes as a license, new text end 6.16 new text begin certification, registration, permit, or other credential issued by a state agency that is new text end 6.17 new text begin required in order for an individual to engage in an occupation, trade, or business regulated new text end 6.18 new text begin by law. new text end 6.19     new text begin (b) new text end "Licensing agency" means any board, department or agency of this state which 6.20 new text begin state agency that new text end is given the statutory authority to issue professional or other types of 6.21licenses, except the various agencies primarily administered by the commissioner of 6.22human services. Data pertaining to persons or agencies licensed or registered under 6.23authority of the commissioner of human services shall be administered pursuant to section 6.2413.46 . 6.25    Sec. 10. Minnesota Statutes 2006, section 13.41, subdivision 2, is amended to read: 6.26    Subd. 2. Private data; designated addresses and telephone numbers. (a) 6.27 new text begin Except as provided in this chapter or other law, new text end the following data collected, created new text begin , new text end or 6.28maintained by any licensing agency are classified as private, pursuant to section 13.02, 6.29subdivision 12 : data, other than their names new text begin data on individuals: new text end 6.30     new text begin (1) data related to an application for a license, except for the applicant's name new text end and 6.31designated addresses, submitted by applicants for licenses; new text begin address, the license period new text end 6.32 new text begin for which the applicant applied, and whether the application is approved, disapproved, new text end 6.33 new text begin withdrawn, or pending; new text end 6.34     new text begin (2) the nondesignated address of a licensee; new text end 7.1     new text begin (3) new text end the identity of complainants who have made reports concerning licensees or 7.2applicants which appear in inactive complaint data new text begin civil investigative data under section new text end 7.3 new text begin 13.39, new text end unless the complainant consents to the disclosure; 7.4     new text begin (4) new text end the nature or content of unsubstantiated complaints new text begin when no disciplinary action new text end 7.5 new text begin or penalty is imposed and new text end when the information is not maintained in anticipation of legal 7.6action new text begin civil investigative data under section 13.39 new text end ; new text begin and new text end 7.7     new text begin (5) new text end the identity of patients whose medical records are received by any health 7.8licensing agency for purposes of review or in anticipation of a contested matter; inactive 7.9investigative data relating to violations of statutes or rules; and the record of any 7.10disciplinary proceeding except as limited by subdivision 5. 7.11    (b) An applicant for a license shall designate on the application a residence or 7.12business address and telephone number at which the applicant can be contacted in 7.13connection with the license application. A licensee shall designate a residence or business 7.14address and telephone number at which the licensee can be contacted in connection with 7.15the license. By designating an address under this paragraph other than a residence address, 7.16the applicant or licensee consents to accept personal service of process by service on the 7.17licensing agency for legal or administrative proceedings. The licensing agency shall mail 7.18a copy of the documents to the applicant or licensee at the last known residence address. 7.19    Sec. 11. Minnesota Statutes 2007 Supplement, section 13.41, subdivision 3, is 7.20amended to read: 7.21    Subd. 3. Board of Peace Officer Standards and Training. The following 7.22government data of the Board of Peace Officer Standards and Training are private data: 7.23    (1) home addresses of licensees and applicants for licenses; and 7.24    (2) data that identify the government entity that employs a licensed peace officer. 7.25    The board may disseminate private data on applicants and licensees as is necessary 7.26to administer law enforcement licensure or to provide data under section 626.845, 7.27subdivision 1 , to law enforcement agencies who are conducting employment background 7.28investigations. new text begin License numbers, license status, and continuing education records issued new text end 7.29 new text begin or maintained by the Board of Peace Officer Standards and Training are public data. new text end 7.30    Sec. 12. Minnesota Statutes 2006, section 13.41, subdivision 5, is amended to read: 7.31    Subd. 5. Public data. Licensing agency minutes, application data on licensees 7.32except nondesignated addresses, orders for hearing, findings of fact, conclusions of 7.33law and specification of the final disciplinary action contained in the record of the 7.34disciplinary action are classified as public, pursuant to section 13.02, subdivision 15. The 8.1entire record concerning the disciplinary proceeding is public data pursuant to section 8.213.02, subdivision 15 , in those instances where there is a public hearing concerning the 8.3disciplinary action. If the licensee and the licensing agency agree to resolve a complaint 8.4without a hearing, the agreement and the specific reasons for the agreement are public 8.5data. The license numbers, the license status, and continuing education records issued or 8.6maintained by the Board of Peace Officer Standards and Training are classified as public 8.7data, pursuant to section 13.02, subdivision 15. 8.8    Sec. 13. Minnesota Statutes 2006, section 13.41, is amended by adding a subdivision 8.9to read: 8.10     new text begin Subd. 7. new text end new text begin Complaints and investigations. new text end new text begin Data related to complaints against or new text end 8.11 new text begin investigations about a licensee or applicant for a license are governed by section 13.39. new text end 8.12    Sec. 14. Minnesota Statutes 2006, section 13.601, subdivision 3, is amended to read: 8.13    Subd. 3. Applicants for election or appointment. The following data on all 8.14applicants for election or appointment to a public body, including those subject to chapter 8.1513D, are public: name, city of residence, education and training, employment history, 8.16volunteer work, awards and honors, and prior government service or experience. new text begin (a) new text end 8.17 new text begin Data about applicants for appointment to a public body are private data on individuals new text end 8.18 new text begin except that the following are public: new text end 8.19     new text begin (1) name; new text end 8.20     new text begin (2) city of residence except when the appointment has a residency requirement that new text end 8.21 new text begin requires the entire address to be public; new text end 8.22     new text begin (3) education and training; new text end 8.23     new text begin (4) employment history; new text end 8.24     new text begin (5) volunteer work; new text end 8.25     new text begin (6) awards and honors; and new text end 8.26     new text begin (7) prior government service. new text end 8.27     new text begin (b) Once an individual is appointed to a public body, the following additional items new text end 8.28 new text begin of data are public: new text end 8.29     new text begin (1) full residence address or an alternate address specified by the appointee where new text end 8.30 new text begin the appointee can be reached; new text end 8.31     new text begin (2) a telephone number where the appointee can be reached; and new text end 8.32     new text begin (3) an electronic mail address where the appointee can be reached. new text end 9.1    Sec. 15. Minnesota Statutes 2006, section 13.601, is amended by adding a subdivision 9.2to read: 9.3     new text begin Subd. 4. new text end new text begin Elected officials. new text end new text begin The following data about elected officials are classified new text end 9.4 new text begin as private data on individuals: new text end 9.5     new text begin (1) all telephone numbers except the one designated by the elected official as the new text end 9.6 new text begin telephone number at which the elected official can be contacted on official business; new text end 9.7     new text begin (2) all electronic mail addresses except the one designated by the elected official as new text end 9.8 new text begin the electronic mail address at which the elected official can be contacted about official new text end 9.9 new text begin business; new text end 9.10     new text begin (3) all postal mail addresses except the one designated by the elected official as the new text end 9.11 new text begin postal mail address at which the elected official can be contacted about official business; new text end 9.12     new text begin (4) the reason for and specific amount of any deduction and withholding; new text end 9.13     new text begin (5) name, address, and birth date of any dependent; and new text end 9.14     new text begin (6) medical information provided in support of an application or a claim for new text end 9.15 new text begin insurance or disability benefits. new text end 9.16    Sec. 16. Minnesota Statutes 2006, section 13.6905, is amended by adding a subdivision 9.17to read: 9.18     new text begin Subd. 28a. new text end new text begin Use and storage of explosives. new text end new text begin Data related to the use and storage of new text end 9.19 new text begin explosives by individuals holding a permit are governed by sections 299F.28 and 299F.75, new text end 9.20 new text begin subdivision 4. new text end 9.21    Sec. 17. Minnesota Statutes 2007 Supplement, section 256.01, subdivision 2b, is 9.22amended to read: 9.23    Subd. 2b. Performance payments new text begin ; performance measurement new text end . (a) The 9.24commissioner shall develop and implement a pay-for-performance system to provide 9.25performance payments to eligible medical groups and clinics that demonstrate optimum 9.26care in serving individuals with chronic diseases who are enrolled in health care 9.27programs administered by the commissioner under chapters 256B, 256D, and 256L. 9.28The commissioner may receive any federal matching money that is made available 9.29through the medical assistance program for managed care oversight contracted through 9.30vendors, including consumer surveys, studies, and external quality reviews as required 9.31by the federal Balanced Budget Act of 1997, Code of Federal Regulations, title 42, part 9.32438-managed care, subpart E-external quality review. Any federal money received 9.33for managed care oversight is appropriated to the commissioner for this purpose. The 9.34commissioner may expend the federal money received in either year of the biennium. 10.1    (b) Effective July 1, 2009, or upon federal approval, whichever is later, the 10.2commissioner shall develop and implement a patient incentive health program to provide 10.3incentives and rewards to patients who are enrolled in health care programs administered 10.4by the commissioner under chapters 256B, 256D, and 256L, and who have agreed to and 10.5have met personal health goals established with the patients' primary care providers to 10.6manage a chronic disease or condition, including but not limited to diabetes, high blood 10.7pressure, and coronary artery disease. 10.8     new text begin (c) The commissioner, in consultation with the Health Services Policy Committee, new text end 10.9 new text begin shall develop and provide to the legislature by December 15, 2008, a methodology and new text end 10.10 new text begin any draft legislation necessary to allow for the release, upon request, of summary data as new text end 10.11 new text begin defined in section 13.02, subdivision 19, on claims and utilization for medical assistance, new text end 10.12 new text begin general assistance medical care, and MinnesotaCare enrollees at no charge to the new text end 10.13 new text begin University of Minnesota Medical School, the Mayo Medical School, Northwestern Health new text end 10.14 new text begin Sciences University, the Institute for Clinical Systems Improvement, and other research new text end 10.15 new text begin institutions, to conduct analyses of health care outcomes and treatment effectiveness, new text end 10.16 new text begin provided the research institutions do not release private or nonpublic data, or data for new text end 10.17 new text begin which dissemination is prohibited by law. new text end 10.18    Sec. 18. Minnesota Statutes 2006, section 260B.171, subdivision 5, is amended to read: 10.19    Subd. 5. Peace officer records of children. (a) Except for records relating to 10.20an offense where proceedings are public under section 260B.163, subdivision 1, peace 10.21officers' records of children who are or may be delinquent or who may be engaged in 10.22criminal acts shall be kept separate from records of persons 18 years of age or older 10.23and are private data but shall be disseminated: (1) by order of the juvenile court, (2) as 10.24required by section 121A.28, (3) as authorized under section 13.82, subdivision 2, (4) to 10.25the child or the child's parent or guardian unless disclosure of a record would interfere 10.26with an ongoing investigation, (5) to the Minnesota crime victims reparations board as 10.27required by section 611A.56, subdivision 2, clause (f), for the purpose of processing 10.28claims for crime victims reparations, or (6) as otherwise provided in this subdivision. 10.29Except as provided in paragraph (c), no photographs of a child taken into custody may be 10.30taken without the consent of the juvenile court unless the child is alleged to have violated 10.31section 169A.20. Peace officers' records containing data about children who are victims 10.32of crimes or witnesses to crimes must be administered consistent with section 13.82, 10.33subdivisions 2, 3, 6, and 17 . Any person violating any of the provisions of this subdivision 10.34shall be guilty of a misdemeanor. 11.1    In the case of computerized records maintained about juveniles by peace officers, 11.2the requirement of this subdivision that records about juveniles must be kept separate 11.3from adult records does not mean that a law enforcement agency must keep its records 11.4concerning juveniles on a separate computer system. Law enforcement agencies may keep 11.5juvenile records on the same computer as adult records and may use a common index to 11.6access both juvenile and adult records so long as the agency has in place procedures that 11.7keep juvenile records in a separate place in computer storage and that comply with the 11.8special data retention and other requirements associated with protecting data on juveniles. 11.9    (b) Nothing in this subdivision prohibits the exchange of information by law 11.10enforcement agencies if the exchanged information is pertinent and necessary for law 11.11enforcement purposes. 11.12    (c) A photograph may be taken of a child taken into custody pursuant to section 11.13260B.175, subdivision 1 , clause (b), provided that the photograph must be destroyed when 11.14the child reaches the age of 19 years. The commissioner of corrections may photograph 11.15juveniles whose legal custody is transferred to the commissioner. Photographs of juveniles 11.16authorized by this paragraph may be used only for institution management purposes, 11.17case supervision by parole agents, and to assist law enforcement agencies to apprehend 11.18juvenile offenders. The commissioner shall maintain photographs of juveniles in the same 11.19manner as juvenile court records and names under this section. 11.20    (d) Traffic investigation reports are open to inspection by a person who has sustained 11.21physical harm or economic loss as a result of the traffic accident. Identifying information 11.22on juveniles who are parties to traffic accidents may be disclosed as authorized under 11.23section 13.82, subdivision 4 new text begin 6 new text end , and accident reports required under section 169.09 may be 11.24released under section 169.09, subdivision 13, unless the information would identify a 11.25juvenile who was taken into custody or who is suspected of committing an offense that 11.26would be a crime if committed by an adult, or would associate a juvenile with the offense, 11.27and the offense is not an adult court traffic offense under section 260B.225. 11.28    (e) The head of a law enforcement agency or a person specifically given the duty 11.29by the head of the law enforcement agency shall notify the superintendent or chief 11.30administrative officer of a juvenile's school of an incident occurring within the agency's 11.31jurisdiction if: 11.32    (1) the agency has probable cause to believe that the juvenile has committed an 11.33offense that would be a crime if committed as an adult, that the victim of the offense is a 11.34student or staff member of the school, and that notice to the school is reasonably necessary 11.35for the protection of the victim; or 12.1    (2) the agency has probable cause to believe that the juvenile has committed an 12.2offense described in subdivision 3, paragraph (a), clauses (1) to (3), that would be a crime 12.3if committed by an adult, regardless of whether the victim is a student or staff member 12.4of the school. 12.5    A law enforcement agency is not required to notify the school under this paragraph 12.6if the agency determines that notice would jeopardize an ongoing investigation. For 12.7purposes of this paragraph, "school" means a public or private elementary, middle, 12.8secondary, or charter school. 12.9    (f) In any county in which the county attorney operates or authorizes the operation 12.10of a juvenile prepetition or pretrial diversion program, a law enforcement agency or 12.11county attorney's office may provide the juvenile diversion program with data concerning 12.12a juvenile who is a participant in or is being considered for participation in the program. 12.13    (g) Upon request of a local social services agency, peace officer records of 12.14children who are or may be delinquent or who may be engaged in criminal acts may be 12.15disseminated to the agency to promote the best interests of the subject of the data. 12.16    (h) Upon written request, the prosecuting authority shall release investigative data 12.17collected by a law enforcement agency to the victim of a criminal act or alleged criminal 12.18act or to the victim's legal representative, except as otherwise provided by this paragraph. 12.19Data shall not be released if: 12.20    (1) the release to the individual subject of the data would be prohibited under 12.21section 13.821; or 12.22    (2) the prosecuting authority reasonably believes: 12.23    (i) that the release of that data will interfere with the investigation; or 12.24    (ii) that the request is prompted by a desire on the part of the requester to engage in 12.25unlawful activities. 12.26    Sec. 19. Minnesota Statutes 2007 Supplement, section 268.19, subdivision 1, is 12.27amended to read: 12.28    Subdivision 1. Use of data. (a) Except as provided by this section, data gathered 12.29from any person under the administration of the Minnesota Unemployment Insurance Law 12.30are private data on individuals or nonpublic data not on individuals as defined in section 12.3113.02, subdivisions 9 and 12 , and may not be disclosed except according to a district court 12.32order or section 13.05. A subpoena is not considered a district court order. These data 12.33may be disseminated to and used by the following agencies without the consent of the 12.34subject of the data: 13.1    (1) state and federal agencies specifically authorized access to the data by state 13.2or federal law; 13.3    (2) any agency of any other state or any federal agency charged with the 13.4administration of an unemployment insurance program; 13.5    (3) any agency responsible for the maintenance of a system of public employment 13.6offices for the purpose of assisting individuals in obtaining employment; 13.7    (4) the public authority responsible for child support in Minnesota or any other 13.8state in accordance with section 256.978; 13.9    (5) human rights agencies within Minnesota that have enforcement powers; 13.10    (6) the Department of Revenue to the extent necessary for its duties under Minnesota 13.11laws; 13.12    (7) public and private agencies responsible for administering publicly financed 13.13assistance programs for the purpose of monitoring the eligibility of the program's 13.14recipients; 13.15    (8) the Department of Labor and Industry and the Division of Insurance Fraud 13.16Prevention in the Department of Commerce for uses consistent with the administration of 13.17their duties under Minnesota law; 13.18    (9) local and state welfare agencies for monitoring the eligibility of the data subject 13.19for assistance programs, or for any employment or training program administered by those 13.20agencies, whether alone, in combination with another welfare agency, or in conjunction 13.21with the department or to monitor and evaluate the statewide Minnesota family investment 13.22program by providing data on recipients and former recipients of food stamps or food 13.23support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance 13.24under chapter 119B, or medical programs under chapter 256B, 256D, or 256L; 13.25    (10) local and state welfare agencies for the purpose of identifying employment, 13.26wages, and other information to assist in the collection of an overpayment debt in an 13.27assistance program; 13.28    (11) local, state, and federal law enforcement agencies for the purpose of ascertaining 13.29the last known address and employment location of an individual who is the subject of 13.30a criminal investigation; 13.31    (12) the United States Citizenship and Immigration Services has access to data on 13.32specific individuals and specific employers provided the specific individual or specific 13.33employer is the subject of an investigation by that agency; 13.34    (13) the Department of Health for the purposes of epidemiologic investigations; and 13.35    (14) the Department of Corrections for the purpose of new text begin preconfinement and new text end 13.36postconfinement employment tracking of individuals who had been committed to the 14.1custody of the commissioner of corrections new text begin committed offenders for the purpose of case new text end 14.2 new text begin planning new text end . 14.3     new text begin (b) Notwithstanding paragraph (a), the following is public data and must be compiled new text end 14.4 new text begin by the commissioner and submitted to the Department of Immigration Customs and new text end 14.5 new text begin Enforcement: the identities of any inmate whose immigration status cannot be determined. new text end 14.6    (b) new text begin (c) new text end Data on individuals and employers that are collected, maintained, or used 14.7by the department in an investigation under section 268.182 are confidential as to data 14.8on individuals and protected nonpublic data not on individuals as defined in section 14.913.02, subdivisions 3 and 13 , and must not be disclosed except under statute or district 14.10court order or to a party named in a criminal proceeding, administrative or judicial, for 14.11preparation of a defense. 14.12    (c) new text begin (d) new text end Data gathered by the department in the administration of the Minnesota 14.13unemployment insurance program must not be made the subject or the basis for any 14.14suit in any civil proceedings, administrative or judicial, unless the action is initiated by 14.15the department. 14.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2008. new text end 14.17    Sec. 20. Minnesota Statutes 2006, section 299F.28, is amended to read: 14.18299F.28 RECORDS ARE PUBLIC, EXCEPTIONS. 14.19    All records on file in the state fire marshal's office shall be public, except new text begin : (1) new text end any 14.20testimony, correspondence, or other matter taken in an investigation under the provisions 14.21of this chapter, which the state fire marshal may withhold from the public new text begin ; and (2) any new text end 14.22 new text begin data collected on the locations of storage and use of explosives or blasting agents by new text end 14.23 new text begin individuals authorized under sections 299F.72 to 299F.831, which shall be classified as new text end 14.24 new text begin nonpublic data pursuant to section 13.02, subdivision 9 new text end . 14.25    Sec. 21. Minnesota Statutes 2006, section 299F.75, is amended by adding a subdivision 14.26to read: 14.27     new text begin Subd. 4. new text end new text begin Use of data. new text end new text begin The portions of an application submitted under this section new text end 14.28 new text begin and any other data held by an issuing authority, local fire official, or law enforcement new text end 14.29 new text begin agency that indicate the applicant's place and time of intended use of explosives or blasting new text end 14.30 new text begin agents and place and means of storage of the explosives or blasting agents until such use new text end 14.31 new text begin shall be classified as nonpublic data pursuant to section 13.02, subdivision 9. new text end 15.1    Sec. 22. Minnesota Statutes 2006, section 325E.59, is amended by adding a subdivision 15.2to read: 15.3     new text begin Subd. 1a. new text end new text begin Prohibiting the use of Social Security numbers on the face of mailings. new text end 15.4     new text begin A government entity shall not send or cause to be sent or delivered any mailing either by new text end 15.5 new text begin letter, envelope, postcard, or package that displays a Social Security number on the face new text end 15.6 new text begin of the letter, envelope, postcard, or package, or from which a Social Security number is new text end 15.7 new text begin visible, whether on the outside or inside of the mailing. A government entity shall not new text end 15.8 new text begin require or request that a person send any mailing either by letter, envelope, postcard, or new text end 15.9 new text begin package that displays a Social Security number on the face of the mailing, or from which a new text end 15.10 new text begin Social Security number is visible, whether on the outside or inside of the mailing. new text end 15.11    Sec. 23. Minnesota Statutes 2006, section 383B.917, subdivision 1, is amended to read: 15.12    Subdivision 1. Data Practices Act. (a) The corporation is subject to chapter 13, the 15.13Minnesota Government Data Practices Act. 15.14    (b) "Competitive data," as defined in this subdivision, are nonpublic data pursuant 15.15to section 13.02, subdivision 9, or private data on individuals pursuant to section 13.02, 15.16subdivision 12 . Competitive data are any type of data that the corporation, in its discretion, 15.17determines that if disclosed could cause competitive disadvantage to the corporation, 15.18including causing adverse effects on the current or future competitive position of the 15.19corporation or the entities, facilities, and operations for which it is responsible. Data 15.20discussed at an open meeting of the corporation retains the data's original classification, 15.21including classification as competitive data, as provided in section 13D.05, subdivision 15.221, paragraph (c) . Any data disseminated by the corporation to the county shall retain the 15.23same classification in the hands of the county, including the classification as competitive 15.24data, as provided in section 13.03, subdivision 4. 15.25    (c) A subsidiary, joint venture, association, partnership, or other entity that is formed 15.26by the corporation is not subject to chapter 13, except that if the corporation enters into a 15.27contract with such an entity to perform any functions of the corporation, the corporation 15.28shall include in the contract terms that make it clear that data created, collected, received, 15.29stored, used, maintained, or disseminated by the contracting entity in performing those 15.30functions is subject to the same requirements under chapter 13 as the corporation under 15.31this subdivision. However, this section does not create a duty on the part of the contracting 15.32entity to provide access to public data to the public if the public data are available from 15.33the corporation, except as required by the terms of the contract. Any entity contracting to 15.34perform functions of the corporation may classify data as competitive data as defined in 15.35paragraph (b). 16.1     new text begin (d) Notwithstanding section 13.384, if a nonprofit corporation provides faculty new text end 16.2 new text begin physician services to the corporation and is participating in an electronic exchange of new text end 16.3 new text begin health records with the corporation, the nonprofit corporation may share medical data new text end 16.4 new text begin with all other participants in the exchange for purposes of treatment, payment, or health new text end 16.5 new text begin care operations. The nonprofit corporation and other participants in the exchange are new text end 16.6 new text begin considered related health care entities for purposes of section 144.293, subdivision 5, new text end 16.7 new text begin clause (2), and are not considered outside of the corporation's facility for purposes of new text end 16.8 new text begin section 144.651, subdivision 16. new text end 16.9 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 16.10    Sec. 24. new text begin [473.674] AIRPORT PARKING SPACE CUSTOMER DATA. new text end 16.11     new text begin The following data relating to applicants for or users of automated parking facilities new text end 16.12 new text begin at the Minneapolis-St. Paul International Airport are classified as nonpublic data with new text end 16.13 new text begin regard to data not on individuals and as private data with regard to data on individuals: new text end 16.14 new text begin (1) data contained in applications for an electronic tag or device that provides access to new text end 16.15 new text begin airport parking facilities and which assesses charges for a vehicle's use of those facilities; new text end 16.16 new text begin (2) personal and vehicle information data; (3) financial and credit data; and (4) parking new text end 16.17 new text begin usage data. Nothing in this section prohibits the production of summary data as defined new text end 16.18 new text begin in section 13.02, subdivision 19. new text end 16.19    Sec. 25. Minnesota Statutes 2006, section 518.10, is amended to read: 16.20518.10 REQUISITES OF PETITION. 16.21     new text begin Subdivision 1. new text end new text begin Petition. new text end The petition for dissolution of marriage or legal separation 16.22shall state and allege: 16.23    (a) the name, new text begin and new text end address, and, in circumstances in which child support or spousal 16.24maintenance will be addressed, Social Security number of the petitioner and any prior or 16.25other name used by the petitioner; 16.26    (b) the name and, if known, the address and, in circumstances in which child support 16.27or spousal maintenance will be addressed, Social Security number of the respondent and 16.28any prior or other name used by the respondent and known to the petitioner; 16.29    (c) the place and date of the marriage of the parties; 16.30    (d) in the case of a petition for dissolution, that either the petitioner or the respondent 16.31or both: 16.32    (1) has resided in this state for not less than 180 days immediately preceding the 16.33commencement of the proceeding, or 17.1    (2) has been a member of the armed services and has been stationed in this state for 17.2not less than 180 days immediately preceding the commencement of the proceeding, or 17.3    (3) has been a domiciliary of this state for not less than 180 days immediately 17.4preceding the commencement of the proceeding; 17.5    (e) the name at the time of the petition and any prior or other name, Social Security 17.6number, age, and date of birth of each living minor or dependent child of the parties born 17.7before the marriage or born or adopted during the marriage and a reference to, and the 17.8expected date of birth of, a child of the parties conceived during the marriage but not born; 17.9    (f) whether or not a separate proceeding for dissolution, legal separation, or custody 17.10is pending in a court in this state or elsewhere; 17.11    (g) in the case of a petition for dissolution, that there has been an irretrievable 17.12breakdown of the marriage relationship; 17.13    (h) in the case of a petition for legal separation, that there is a need for a decree 17.14of legal separation; 17.15    (i) any temporary or permanent maintenance, child support, child custody, 17.16disposition of property, attorneys' fees, costs and disbursements applied for without setting 17.17forth the amounts; and 17.18    (j) whether an order for protection under chapter 518B or a similar law of another 17.19state that governs the parties or a party and a minor child of the parties is in effect and, if 17.20so, the district court or similar jurisdiction in which it was entered. 17.21    The petition shall be verified by the petitioner or petitioners, and its allegations 17.22established by competent evidence. 17.23     new text begin Subd. 2. new text end new text begin Social Security number document. new text end new text begin In proceedings where child support new text end 17.24 new text begin or spousal maintenance issues will be addressed, the petition under subdivision 1 must new text end 17.25 new text begin be accompanied by a separate document that contains the Social Security numbers of the new text end 17.26 new text begin petitioner and the respondent. The Social Security number document must be maintained new text end 17.27 new text begin in a portion of the court file or records that are not accessible to the general public. new text end 17.28    Sec. 26. new text begin REPEALER. new text end 17.29 new text begin Minnesota Statutes 2006, section 13.41, subdivision 4, new text end new text begin is repealed. new text end