1.1 	A bill for an act
1.2 	relating to data practices; regulating the collection, dissemination, disclosure, 
1.3 	and use of data; classifying data; regulating informed consent requirements; 
1.4 	defining terms; amending temporary classification provisions; providing access 
1.5 	to certain data; regulating business screening services; amending human services 
1.6 	background study provisions; making technical and conforming changes;
1.7 	amending Minnesota Statutes 2008, sections 13.05, subdivision 4, by adding a 
1.8 	subdivision; 13.06, subdivisions 1, 3, 4, 5, 7, by adding subdivisions; 13.3215; 
1.9 	13.43, subdivisions 1, 2, by adding subdivisions; 13.46, subdivisions 3, 4; 13.64; 
1.10 	13.643, by adding a subdivision; 13.792; 13.7931, by adding a subdivision; 
1.11 	13.87, by adding a subdivision; 13.871, by adding a subdivision; 13D.05, 
1.12 	subdivision 3; 16B.97, by adding a subdivision; 125A.21, subdivision 5; 
1.13 	241.065, subdivision 2; 245C.08; 245C.22, subdivision 7; 246B.04, by adding 
1.14 	a subdivision; 270B.14, subdivision 16; 299C.156, subdivision 5; 332.70, 
1.15 	subdivisions 1, 2, 3, 4; 626.557, subdivision 12b; proposing coding for new law 
1.16 	in Minnesota Statutes, chapter 84; repealing Minnesota Statutes 2008, section 
1.17 	13.06, subdivision 2; Minnesota Rules, part 1205.1800.
1.18 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.19 	ARTICLE 1
1.20 	GENERAL

1.21 	Section 1. Minnesota Statutes 2008, section 13.05, subdivision 4, is amended to read:
1.22 		Subd. 4.Limitations on collection and use of data. Private or confidential data on 
1.23 	an individual shall not be collected, stored, used, or disseminated by government entities 
1.24 	for any purposes other than those stated to the individual at the time of collection in 
1.25 	accordance with section 13.04, except as provided in this subdivision.
1.26 	(a) Data collected prior to August 1, 1975, and which have not been treated as public 
1.27 	data, may be used, stored, and disseminated for the purposes for which the data was 
1.28 	originally collected or for purposes which are specifically approved by the commissioner 
1.29 	as necessary to public health, safety, or welfare.
2.1 	(b) Private or confidential data may be used and disseminated to individuals or 
2.2 	entities specifically authorized access to that data by state, local, or federal law enacted or 
2.3 	promulgated after the collection of the data.
2.4 	(c) Private or confidential data may be used and disseminated to individuals or 
2.5 	entities subsequent to the collection of the data when the responsible authority maintaining 
2.6 	the data has requested approval for a new or different use or dissemination of the data 
2.7 	and that request has been specifically approved by the commissioner as necessary to carry 
2.8 	out a function assigned by law.
2.9 	(d) Private data may be used by and disseminated to any person or entity if the 
2.10 	individual subject or subjects of the data have given their informed consent. Whether a 
2.11 	data subject has given informed consent shall be determined by rules of the commissioner. 
2.12 	The format for informed consent is as follows, unless otherwise prescribed by the HIPAA, 
2.13 	Standards for Privacy of Individually Identifiable Health Information, 65 Fed. Reg. 82, 
2.14 	461 (2000) (to be codified as Code of Federal Regulations, title 45, section 164): informed 
2.15 	consent shall not be deemed to have been given by an individual subject of the data by the 
2.16 	signing of any statement authorizing any person or entity to disclose information about the 
2.17 	individual to an insurer or its authorized representative, unless the statement is:
2.18 	(1) in plain language;
2.19 	(2) dated;
2.20 	(3) specific in designating the particular persons or agencies the data subject is 
2.21 	authorizing to disclose information about the data subject;
2.22 	(4) specific as to the nature of the information the subject is authorizing to be 
2.23 	disclosed;
2.24 	(5) specific as to the persons or entities to whom the subject is authorizing 
2.25 	information to be disclosed;
2.26 	(6) specific as to the purpose or purposes for which the information may be used 
2.27 	by any of the parties named in clause (5), both at the time of the disclosure and at any 
2.28 	time in the future;
2.29 	(7) specific as to its expiration date which should be within a reasonable period of 
2.30 	time, not to exceed one year except in the case of authorizations given in connection 
2.31 	with applications for (i) life insurance or noncancelable or guaranteed renewable health 
2.32 	insurance and identified as such, two years after the date of the policy or (ii) medical 
2.33 	assistance under chapter 256B or MinnesotaCare under chapter 256L, which shall be 
2.34 	ongoing during all terms of eligibility, for individual education plan health-related services 
2.35 	provided by a school district under section 125A.21, subdivision 2.
3.1 	The responsible authority may require a person requesting copies of data under this 
3.2 	paragraph to pay the actual costs of making,and certifying, and compiling the copies.
3.3 	(e) Private or confidential data on an individual may be discussed at a meeting open 
3.4 	to the public to the extent provided in section 13D.05.

3.5 	Sec. 2. Minnesota Statutes 2008, section 13.05, is amended by adding a subdivision to 
3.6 	read:
3.7 		Subd. 4a.Informed consent for insurance purposes. Informed consent for 
3.8 	insurance purposes must comply with this subdivision, unless otherwise prescribed by 
3.9 	the HIPAA Standards for Privacy of Individually Identifiable Health Information, Code 
3.10 	of Federal Regulations, title 45, section 164. Informed consent for insurance purposes 
3.11 	is not considered to have been given by an individual subject of data by the signing of a 
3.12 	statement authorizing a government entity to disclose information about the individual to 
3.13 	an insurer or its authorized representative, unless the statement is:
3.14 	(1) in plain language;
3.15 	(2) dated;
3.16 	(3) specific in designating the government entity the data subject is authorizing to 
3.17 	disclose information about the data subject;
3.18 	(4) specific as to the nature of the information the data subject is authorizing to 
3.19 	be disclosed;
3.20 	(5) specific as to the persons to whom the data subject is authorizing information to 
3.21 	be disclosed;
3.22 	(6) specific as to the purpose or purposes for which the information may be used 
3.23 	by any of the persons named in clause (5), both at the time of the disclosure and at any 
3.24 	time in the future; and
3.25 	(7) specific as to its expiration date, which must be within a reasonable period of 
3.26 	time, not to exceed one year. 
3.27 	Notwithstanding clause (7), in the case of authorizations given in connection with 
3.28 	applications for life insurance or noncancelable or guaranteed renewable health insurance 
3.29 	that is so identified, the expiration date must not exceed two years after the date of the 
3.30 	policy. An authorization in connection with medical assistance under chapter 256B or 
3.31 	MinnesotaCare under chapter 256L or for individual education plan health-related services 
3.32 	provided by a school district under section 125A.21, subdivision 2, is valid during all 
3.33 	terms of eligibility.

4.1 	Sec. 3. Minnesota Statutes 2008, section 13.3215, is amended to read:
4.2 	13.3215 UNIVERSITY OF MINNESOTA DATA.
4.3 		Subdivision 1.Definitions. (a) For purposes of this section, the terms in this 
4.4 	subdivision have the meanings given them.
4.5 	(b) "Business data" is data described in section 13.591, subdivision 1, and includes 
4.6 	the funded amount of the University of Minnesota's commitment to the investment to 
4.7 	date, if any; the market value of the investment by the University of Minnesota; and the 
4.8 	age of the investment in years.
4.9 	(c) "Financial, business, or proprietary data" means data, as determined by the 
4.10 	responsible authority for the University of Minnesota, that is of a financial, business, or 
4.11 	proprietary nature, the release of which could cause competitive harm to the University 
4.12 	of Minnesota, the legal entity in which the University of Minnesota has invested or has 
4.13 	considered an investment, the managing entity of an investment, or a portfolio company in 
4.14 	which the legal entity holds an interest.
4.15 	(d) "Investment" means the investments by the University of Minnesota in the 
4.16 	following private capital:
4.17 	(1) venture capital and other private equity investment businesses through 
4.18 	participation in limited partnerships, trusts, limited liability corporations, limited liability 
4.19 	companies, limited liability partnerships, and corporations;
4.20 	(2) real estate ownership interests or loans secured by mortgages or deeds of trust or 
4.21 	shares of real estate investment trusts through investment in limited partnerships; and
4.22 	(3) natural resource investments through limited partnerships, trusts, limited liability 
4.23 	corporations, limited liability companies, limited liability partnerships, and corporations.
4.24 		Subd. 2.Claims experience data. Claims experience and all related information 
4.25 	received from carriers and claims administrators participating in a University of Minnesota 
4.26 	group health, dental, life, or disability insurance plan or the University of Minnesota 
4.27 	workers' compensation program, and survey information collected from employees or 
4.28 	students participating in these plans and programs, except when the university determines 
4.29 	that release of the data will not be detrimental to the plan or program, are classified as 
4.30 	nonpublic data not on individuals pursuant to under section 13.02, subdivision 9.  
4.31 		Subd. 3.Private equity investment data. (a) Financial, business, or proprietary 
4.32 	data collected, created, received, or maintained by the University of Minnesota in 
4.33 	connection with investments are nonpublic data.
4.34 	(b) The following data shall be public:
4.35 	(1) the name of the general partners and the legal entity in which the University of 
4.36 	Minnesota has invested;
5.1 	(2) the amount of the University's initial commitment, and any subsequent 
5.2 	commitments;
5.3 	(3) quarterly reports which outline the aggregate investment performance achieved 
5.4 	and the market value, and the fees and expenses paid in aggregate to general partner 
5.5 	investment managers in each of the following specific asset classes: venture capital, 
5.6 	private equity, distressed debt, private real estate, and natural resources;
5.7 	(4) a description of all of the types of industry sectors the University of Minnesota is 
5.8 	or has invested in, in each specific private equity asset class; and
5.9 	(5) the portfolio performance of University of Minnesota investments overall, 
5.10 	including the number of investments, the total amount of the University of Minnesota 
5.11 	commitments, the total current market value, and the return on the total investment 
5.12 	portfolio.

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

5.14 	Sec. 4. Minnesota Statutes 2008, section 13D.05, subdivision 3, is amended to read:
5.15 		Subd. 3.What meetings may be closed. (a) A public body may close a meeting 
5.16 	to evaluate the performance of an individual who is subject to its authority. The public 
5.17 	body shall identify the individual to be evaluated prior to closing a meeting. At its next 
5.18 	open meeting, the public body shall summarize its conclusions regarding the evaluation. 
5.19 	A meeting must be open at the request of the individual who is the subject of the meeting.
5.20 	(b) Meetings may be closed if the closure is expressly authorized by statute or 
5.21 	permitted by the attorney-client privilege.
5.22 	(c) A public body may close a meeting:
5.23 	(1) to determine the asking price for real or personal property to be sold by the 
5.24 	government entity;
5.25 	(2) to review confidential or protected nonpublic appraisal data under section 13.44, 
5.26 	subdivision 3; and  
5.27 	(3) to develop or consider offers or counteroffers for the purchase or sale of real or 
5.28 	personal property.
5.29 	Before holding a closed meeting under this paragraph, the public body must identify 
5.30 	on the record the particular real or personal property that is the subject of the closed 
5.31 	meeting. The proceedings of a meeting closed under this paragraph must be tape recorded 
5.32 	at the expense of the public body. The recording must be preserved for eight years after 
5.33 	the date of the meeting and made available to the public after all real or personal property 
5.34 	discussed at the meeting has been purchased or sold or the governing body has abandoned 
5.35 	the purchase or sale. The real or personal property that is the subject of the closed meeting 
6.1 	must be specifically identified on the tape. A list of members and all other persons present 
6.2 	at the closed meeting must be made available to the public after the closed meeting. If an 
6.3 	action is brought claiming that public business other than discussions allowed under this 
6.4 	paragraph was transacted at a closed meeting held under this paragraph during the time 
6.5 	when the tape is not available to the public, section 13D.03, subdivision 3, applies.  
6.6 	An agreement reached that is based on an offer considered at a closed meeting is 
6.7 	contingent on approval of the public body at an open meeting. The actual purchase or 
6.8 	sale must be approved at an open meeting after the notice period required by statute or the 
6.9 	governing body's internal procedures, and the purchase price or sale price is public data.
6.10 	(d) Meetings may be closed to receive security briefings and reports, to discuss issues 
6.11 	related to security systems, to discuss emergency response procedures and to discuss 
6.12 	security deficiencies in or recommendations regarding public services, infrastructure and 
6.13 	facilities, if disclosure of the information discussed would pose a danger to public safety or 
6.14 	compromise security procedures or responses. Financial issues related to security matters 
6.15 	must be discussed and all related financial decisions must be made at an open meeting. 
6.16 	Before closing a meeting under this paragraph, the public body, in describing the subject to 
6.17 	be discussed, must refer to the facilities, systems, procedures, services, or infrastructures 
6.18 	to be considered during the closed meeting. A closed meeting must be tape recorded at the 
6.19 	expense of the governing body, and the recording must be preserved for at least four years.

6.20 	Sec. 5. Minnesota Statutes 2008, section 125A.21, subdivision 5, is amended to read:
6.21 		Subd. 5.Informed consent. When obtaining informed consent, consistent with 
6.22 	sections 13.05, subdivision 4, paragraph (d) 4a; and 256B.77, subdivision 2, paragraph 
6.23 	(p), to bill health plans for covered services, the school district must notify the legal 
6.24 	representative (1) that the cost of the person's private health insurance premium 
6.25 	may increase due to providing the covered service in the school setting, (2) that the 
6.26 	school district may pay certain enrollee health plan costs, including but not limited to, 
6.27 	co-payments, coinsurance, deductibles, premium increases or other enrollee cost-sharing 
6.28 	amounts for health and related services required by an individual service plan, or individual 
6.29 	family service plan, and (3) that the school's billing for each type of covered service may 
6.30 	affect service limits and prior authorization thresholds. The informed consent may be 
6.31 	revoked in writing at any time by the person authorizing the billing of the health plan.  

6.32 	ARTICLE 2
6.33 	TEMPORARY CLASSIFICATIONS

6.34 	Section 1. Minnesota Statutes 2008, section 13.06, subdivision 1, is amended to read:
7.1 		Subdivision 1.Application to commissioner. (a) Notwithstanding the provisions 
7.2 	of section 13.03, the responsible authority of a government entity may apply to the 
7.3 	commissioner for permission to classify data or types of data on individuals as private 
7.4 	or confidential, or data not on individuals as nonpublic or protected nonpublic, for its 
7.5 	own use and for the use of other similar government entities on a temporary basis until 
7.6 	a proposed statute can be acted upon by the legislature. The application for temporary 
7.7 	classification is public.
7.8 	(b) Upon the filing receipt by the commissioner of an application for temporary 
7.9 	classification, the data which is the subject of the application shall be deemed to be 
7.10 	classified as set forth in the application for a period of 45 days, or until the application is 
7.11 	disapproved, rejected, or granted by the commissioner, whichever is earlier.
7.12 	(c) If the commissioner determines that an application has been submitted for 
7.13 	purposes not consistent with this section, the commissioner may immediately reject the 
7.14 	application, give notice of that rejection to the applicant, and return the application. When 
7.15 	the applicant receives the notice of rejection from the commissioner, the data which was 
7.16 	the subject of the application shall have the classification it had before the application was 
7.17 	submitted to the commissioner.

7.18 	Sec. 2. Minnesota Statutes 2008, section 13.06, subdivision 3, is amended to read:
7.19 		Subd. 3.Contents of application for nonpublic or nonpublic protected data.
 7.20 	An application for temporary classification of government data not on individuals shall 
7.21 	include and the applicant shall have the burden of clearly establishing that no statute 
7.22 	currently exists which either allows or forbids classification as nonpublic or protected 
7.23 	nonpublic not public; and either one or more of the following:
7.24 	(1) that data similar to that for which the temporary classification is sought has have
7.25 	been treated classified as nonpublic or protected nonpublic not public by other government 
7.26 	entities, and by the public; or
7.27 	(2) public access to the data would render unworkable a program authorized by 
7.28 	law; or.
7.29 	(3) The applicant must also clearly establish that a compelling need exists for 
7.30 	immediate temporary classification, which if not granted could adversely affect the health, 
7.31 	safety or welfare of the public, or data subject's well-being or reputation.

7.32 	Sec. 3. Minnesota Statutes 2008, section 13.06, subdivision 4, is amended to read:
7.33 		Subd. 4.Procedure when classification affects others. If the commissioner 
7.34 	determines that an application for temporary classification involves data which would 
8.1 	reasonably be classified in the same manner by all government entities similar to the 
8.2 	one which made the application, the commissioner may approve or disapprove the 
8.3 	classification for data of the kind which is the subject of the application for the use 
8.4 	of all government entities similar to the applicant. If requested in the application, the 
8.5 	commissioner may also determine that the data classification affects similar government 
8.6 	entities. On deeming this approach advisable, the commissioner shall provide notice of 
8.7 	the proposed action by publication in the State Register within ten 15 days of receiving the 
8.8 	application. Within 30 days after publication in the State Register an affected government 
8.9 	entity or the public may submit comments on the commissioner's proposal application. 
8.10 	The commissioner shall consider any comments received when granting or denying a 
8.11 	classification for data of the kind which is the subject of the application, for the use of all 
8.12 	government entities similar to the applicant. Within 45 days after the close of the period 
8.13 	for submitting comment, the commissioner shall grant or disapprove the application. 
8.14 	Applications processed under this subdivision shall be either approved or disapproved 
8.15 	by the commissioner within 90 days of the receipt of the application. For purposes of 
8.16 	subdivision 1, the data which is the subject of the classification shall be deemed to be 
8.17 	classified as set forth in the application for a period of 90 days, or until the application 
8.18 	is disapproved or granted by the commissioner, whichever is earlier. If requested in the 
8.19 	application, or determined to be necessary by the commissioner, the data in the application 
8.20 	shall be so classified for all government entities similar to the applicant until the application 
8.21 	is disapproved or granted by the commissioner, whichever is earlier. Proceedings after the 
8.22 	grant or disapproval shall be governed by the provisions of subdivision 5.

8.23 	Sec. 4. Minnesota Statutes 2008, section 13.06, is amended by adding a subdivision to 
8.24 	read:
8.25 		Subd. 4a.Withdrawal of application. Except when an application is processed 
8.26 	under subdivision 4, an application may be withdrawn by the responsible authority prior to 
8.27 	the commissioner granting or disapproving the temporary classification. The responsible 
8.28 	authority shall notify the commissioner in writing of the entity's intent to withdraw the 
8.29 	application. The written withdrawal must state the reason the temporary classification is 
8.30 	no longer necessary and must be signed by the responsible authority.

8.31 	Sec. 5. Minnesota Statutes 2008, section 13.06, subdivision 5, is amended to read:
8.32 		Subd. 5.Determination. (a) The commissioner shall either grant or disapprove 
8.33 	the application for temporary classification within 45 days after it is filed received by 
8.34 	the commissioner. On disapproving an application, the commissioner shall set forth 
9.1 	in detail reasons for the disapproval, and shall include a statement of belief as to what 
9.2 	classification is appropriate for the data which is the subject of the application. Twenty 
9.3 	days after the date of the responsible authority receives the commissioner's disapproval 
9.4 	of an application, the data which is the subject of the application shall become public 
9.5 	data, unless the responsible authority submits an amended application for temporary 
9.6 	classification which requests the classification deemed appropriate by the commissioner 
9.7 	in the statement of disapproval or which sets forth additional information relating to the 
9.8 	original proposed classification. Upon the filing of an amended application, the data 
9.9 	which is the subject of the amended application shall be deemed to be classified as set 
9.10 	forth in the amended application for a period of 20 days or until the amended application 
9.11 	is granted or disapproved by the commissioner, whichever is earlier. The commissioner 
9.12 	shall either grant or disapprove the amended application within 20 days after it is filed. 
9.13 	Five working days after the date of the responsible authority receives the commissioner's 
9.14 	disapproval of the amended application, the data which is the subject of the application 
9.15 	shall become public data. No more than one amended application may be submitted for 
9.16 	any single file or system.
9.17 	(b) If the commissioner grants an application for temporary classification under this 
9.18 	section, it shall become effective immediately, and the complete record relating to the 
9.19 	application shall be submitted to the attorney general, who shall review the classification 
9.20 	as to form and legality. Within 25 days after receipt of the record, the attorney general 
9.21 	shall approve the classification, disapprove a classification as confidential or protected 
9.22 	nonpublic but approve a classification as private or nonpublic, or disapprove the 
9.23 	classification. If the attorney general disapproves a classification, the data which is the 
9.24 	subject of the classification shall become public data five working days after the date of 
9.25 	the attorney general's disapproval.

9.26 	Sec. 6. Minnesota Statutes 2008, section 13.06, is amended by adding a subdivision to 
9.27 	read:
9.28 		Subd. 6a.Data use and dissemination. During the period of the temporary 
9.29 	classification, a responsible authority may request approval from the commissioner for a 
9.30 	new or different use or dissemination of the data as provided in section 13.05, subdivision 
9.31 	4, for any data temporarily classified under this section.

9.32 	Sec. 7. Minnesota Statutes 2008, section 13.06, subdivision 7, is amended to read:
9.33 		Subd. 7.Legislative consideration of temporary classifications; expiration.
 9.34 	On or before January 15 of each year, the commissioner shall submit all temporary 
10.1 	classifications in effect on January 1 in bill form to the legislature. The temporary 
10.2 	classification expires June August 1 of the year following its submission it is submitted to 
10.3 	the legislature.

10.4 	ARTICLE 3
10.5 	PERSONNEL DATA

10.6 	Section 1. Minnesota Statutes 2008, section 13.43, subdivision 1, is amended to read:
10.7 		Subdivision 1.Definition. As used in this section, "personnel data" means 
10.8 	government data on individuals collected maintained because the individual is or was 
10.9 	an employee of or an applicant for employment by, performs services on a voluntary 
10.10 	basis for, or acts as an independent contractor with a government entity. Personnel data 
10.11 	includes data submitted by an employee to a government entity as part of an organized 
10.12 	self-evaluation effort by the government entity to request suggestions from all employees 
10.13 	on ways to cut costs, make government more efficient, or improve the operation of 
10.14 	government. An employee who is identified in a suggestion shall have access to all data in 
10.15 	the suggestion except the identity of the employee making the suggestion.

10.16 	Sec. 2. Minnesota Statutes 2008, section 13.43, subdivision 2, is amended to read:
10.17 		Subd. 2.Public data. (a) Except for employees described in subdivision 5 and 
10.18 	subject to the limitations described in subdivision 5a, the following personnel data on 
10.19 	current and former employees, volunteers, and independent contractors of a government 
10.20 	entity is public:
10.21 	(1) name; employee identification number, which must not be the employee's Social 
10.22 	Security number; actual gross salary; salary range; terms and conditions of employment 
10.23 	relationship; contract fees; actual gross pension; the value and nature of employer paid 
10.24 	fringe benefits; and the basis for and the amount of any added remuneration paid by 
10.25 	the employer or a person other than the employer, including expense reimbursement, in 
10.26 	addition to salary;
10.27 	(2) job title and bargaining unit; job description; education and training background; 
10.28 	and previous work experience;
10.29 	(3) date of first and last employment;
10.30 	(4) the existence and status of any complaints or charges against the employee, 
10.31 	regardless of whether the complaint or charge resulted in a disciplinary action;
10.32 	(5) the final disposition of any disciplinary action together with the specific reasons 
10.33 	for the action and data documenting the basis of the action, excluding data that would 
10.34 	identify confidential sources who are employees of the public body;
11.1 	(6) the terms of any agreement settling any dispute arising out of an employment 
11.2 	relationship, including a buyout agreement as defined in section 123B.143, subdivision 2, 
11.3 	paragraph (a); except that the agreement must include specific reasons for the agreement if 
11.4 	it involves the payment of more than $10,000 of public money;
11.5 	(7) work location; a work telephone number; employer-provided e-mail address; 
11.6 	badge number; work-related continuing education; and honors and awards received; and
11.7 	(8) payroll time sheets or other comparable data that are only used to account for 
11.8 	employee's work time for payroll purposes, except to the extent that release of time sheet 
11.9 	data would reveal the employee's reasons for the use of sick or other medical leave 
11.10 	or other not public data.
11.11 	(b) For purposes of this subdivision, a final disposition occurs when the  government 
11.12 	entity makes its final decision about the disciplinary action, regardless of the possibility of 
11.13 	any later proceedings or court proceedings. In the case of arbitration proceedings arising 
11.14 	under collective bargaining agreements, a final disposition occurs at the conclusion of the 
11.15 	arbitration proceedings, or upon the failure of the employee to elect arbitration within 
11.16 	the time provided by the collective bargaining agreement. Final disposition includes a 
11.17 	resignation by an individual when the resignation occurs after the final decision of the 
11.18 	government entity, or arbitrator. A disciplinary action does not become public data if an 
11.19 	arbitrator sustains a grievance and reverses all aspects of any disciplinary action.
11.20 	(c) The  government entity may display a photograph of a current or former employee 
11.21 	to a prospective witness as part of the  government entity's investigation of any complaint 
11.22 	or charge against the employee.
11.23 	(d) A complainant has access to a statement provided by the complainant to a  
11.24 	government entity in connection with a complaint or charge against an employee.
11.25 	(e) Notwithstanding paragraph (a), clause (5), upon completion of an investigation 
11.26 	of a complaint or charge against a public official, or if a public official resigns or is 
11.27 	terminated from employment while the complaint or charge is pending, all data relating to 
11.28 	the complaint or charge are public, unless access to the data would jeopardize an active 
11.29 	investigation or reveal confidential sources. For purposes of this paragraph, "public 
11.30 	official" means:
11.31 	(1) the head of a state agency and deputy and assistant state agency heads;
11.32 	(2) members of boards or commissions required by law to be appointed by the 
11.33 	governor or other elective officers; and
11.34 	(3) executive or administrative heads of departments, bureaus, divisions, or 
11.35 	institutions within state government.

12.1 	Sec. 3. Minnesota Statutes 2008, section 13.43, is amended by adding a subdivision to 
12.2 	read:
12.3 		Subd. 17.Continuity of operations. Personal home contact information may 
12.4 	be used to ensure that an employee can be reached in the event of an emergency or 
12.5 	other disruption affecting continuity of operation of a government entity. An employee's 
12.6 	personal home contact information may be shared with another government entity to 
12.7 	prepare for or in the event of an emergency or other disruption and to ensure continuity 
12.8 	of operation of either government entity.

12.9 	Sec. 4. Minnesota Statutes 2008, section 13.43, is amended by adding a subdivision to 
12.10 	read:
12.11 		Subd. 18.Private personnel data. Private personnel data of state employees must 
12.12 	be disclosed to the Department of Administration for the purpose of administration of the 
12.13 	workers' compensation program as provided in chapter 176.

12.14 	Sec. 5. Minnesota Statutes 2008, section 13.64, is amended to read:
12.15 	13.64 DEPARTMENT OF ADMINISTRATION DATA.
12.16 	(a) Notes and preliminary drafts of reports created, collected, or maintained by the 
12.17 	Management Analysis Division, Department of Administration, and prepared during 
12.18 	management studies, audits, reviews, consultations, or investigations are classified as 
12.19 	confidential or protected nonpublic data until the final report has been published or 
12.20 	preparation of the report is no longer being actively pursued.
12.21 	(b) Data that support the conclusions of the report and that the commissioner of 
12.22 	administration reasonably believes will result in litigation are confidential or protected 
12.23 	nonpublic until the litigation has been completed or until the litigation is no longer 
12.24 	being actively pursued.
12.25 	(c) Data on individuals that could reasonably be used to determine the identity of an 
12.26 	individual supplying data for a report are private if:
12.27 	(1) the data supplied by the individual were needed for a report; and
12.28 	(2) the data would not have been provided to the Management Analysis Division 
12.29 	without an assurance to the individual that the individual's identity would remain private, 
12.30 	or the Management Analysis Division reasonably believes that the individual would not 
12.31 	have provided the data.
12.32 	(d) Security features of building plans, building specifications, and building 
12.33 	drawings of state-owned facilities and nonstate-owned facilities leased by the state are 
13.1 	classified as nonpublic data when maintained by the Department of Administration and 
13.2 	may be shared with anyone as needed to perform duties of the commissioner.

13.3 	Sec. 6. Minnesota Statutes 2008, section 16B.97, is amended by adding a subdivision 
13.4 	to read:
13.5 		Subd. 5.Data classification. Data maintained by the commissioner that identify 
13.6 	a person providing comments to the commissioner under subdivision 4, paragraph (a), 
13.7 	clauses (6) and (7), are private and nonpublic data but may be shared with the executive 
13.8 	agency that is the subject of the comments.

13.9 	Sec. 7.  REPEALER.
 13.10 	(a) Minnesota Statutes 2008, section 13.06, subdivision 2, is repealed.
13.11 	(b) Minnesota Rules, part 1205.1800, is repealed.

13.12 	ARTICLE 4
13.13 	MISCELLANEOUS PROVISIONS

13.14 	Section 1. Minnesota Statutes 2008, section 13.643, is amended by adding a 
13.15 	subdivision to read:
13.16 		Subd. 7.Research, monitoring, or assessment data. (a) Except as provided in 
13.17 	paragraph (b), the following data created, collected, and maintained by the Department of 
13.18 	Agriculture during research, monitoring, or the assessment of farm practices and related 
13.19 	to natural resources, the environment, agricultural facilities, or agricultural practices are 
13.20 	classified as private or nonpublic:
13.21 	(1) names, addresses, telephone numbers, and e-mail addresses of study participants 
13.22 	or cooperators; and
13.23 	(2) location of research, study site, and global positioning system data.
13.24 	(b) The following data are public:
13.25 	(1) location data and unique well numbers for wells and springs unless protected 
13.26 	under section 18B.10 or another statute or rule; and
13.27 	(2) data from samples collected from a public water supply as defined in Minnesota 
13.28 	Rules, part 4720.5100.
13.29 	(c) The Department of Agriculture may disclose data collected under paragraph (a) if 
13.30 	the commissioner determines that there is a substantive threat to human health and safety 
13.31 	or to the environment, or to aid in the law enforcement process.

14.1 	Sec. 2. Minnesota Statutes 2008, section 13.792, is amended to read:
14.2 	13.792 PRIVATE DONOR GIFT DATA.
14.3 	The following data maintained by the Minnesota Zoological Garden, the University 
14.4 	of Minnesota, the Minnesota State Colleges and Universities, the Regional Parks 
14.5 	Foundation of the Twin Cities, and any related entity subject to chapter 13 are classified 
14.6 	as private or nonpublic:
14.7 	(1) research information about prospects and donors gathered to aid in determining 
14.8 	appropriateness of solicitation and level of gift request;
14.9 	(2) specific data in prospect lists that would identify prospects to be solicited, dollar 
14.10 	amounts to be requested, and name of solicitor;
14.11 	(3) portions of solicitation letters and proposals that identify the prospect being 
14.12 	solicited and the dollar amount being requested;
14.13 	(4) letters, pledge cards, and other responses received from donors regarding 
14.14 	prospective gifts in response to solicitations;
14.15 	(5) portions of thank-you letters and other gift acknowledgment communications 
14.16 	that would identify the name of the donor and the specific amount of the gift, pledge, 
14.17 	or pledge payment;
14.18 	(6) donor financial or estate planning information, or portions of memoranda, letters, 
14.19 	or other documents commenting on any donor's financial circumstances; and
14.20 	(7) data detailing dates of gifts, payment schedule of gifts, form of gifts, and specific 
14.21 	gift amounts made by donors.
14.22 	Names of donors and gift ranges are public data.

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

14.24 	Sec. 3. Minnesota Statutes 2008, section 13.7931, is amended by adding a subdivision 
14.25 	to read:
14.26 		Subd. 6.Electronic licensing system data. Data on individuals created, collected, 
14.27 	stored, or maintained by the department for the purposes of obtaining a noncommercial 
14.28 	game and fish license, cross-country ski pass, horse trail pass, or snowmobile trail sticker; 
14.29 	registering a recreational motor vehicle; or any other electronic licensing transaction are 
14.30 	classified under section 84.0874.

14.31 	EFFECTIVE DATE. This section is effective March 1, 2010.

14.32 	Sec. 4. Minnesota Statutes 2008, section 13.87, is amended by adding a subdivision to 
14.33 	read:
15.1 		Subd. 5.Parole and probation authority access to records. Parole and county 
15.2 	probation authorities may access data identified in subdivision 2 on an applicant or permit 
15.3 	holder who is also a defendant, parolee, or probationer of a district court.

15.4 	Sec. 5. Minnesota Statutes 2008, section 13.871, is amended by adding a subdivision 
15.5 	to read:
15.6 		Subd. 12.Forensic Laboratory Advisory Board. Reports and complaints of the 
15.7 	Forensic Laboratory Advisory Board are classified under section 299C.156, subdivision 5.

15.8 	Sec. 6. [84.0874] ELECTRONIC LICENSING SYSTEM DATA.
15.9 	(a) Data created, collected, stored, or maintained by the department for purposes 
15.10 	of obtaining a noncommercial game and fish license, cross-country ski pass, horse trail 
15.11 	pass, or snowmobile trail sticker; registering a recreational motor vehicle; or any other 
15.12 	electronic licensing transaction are private data on individuals, as defined in section 13.02, 
15.13 	subdivision 12, except that an individual's name, address, and type of license applied for 
15.14 	shall be public. Data made public by this paragraph shall be classified as private upon the 
15.15 	request of the individual subject of the data.
15.16 	(b) Data classified under this section may be disclosed for law enforcement purposes. 
15.17 	The data, other than an individual's driver's license number, may be disclosed to a 
15.18 	government entity and for natural resources management purposes, including recruitment, 
15.19 	retention, and training certification and verification.

15.20 	EFFECTIVE DATE. This section is effective March 1, 2010.

15.21 	Sec. 7. Minnesota Statutes 2008, section 241.065, subdivision 2, is amended to read:
15.22 		Subd. 2.Establishment. The Department of Corrections shall administer and 
15.23 	maintain a computerized data system for the purpose of assisting criminal justice agencies 
15.24 	in monitoring and enforcing the conditions of conditional release imposed on criminal 
15.25 	offenders by a sentencing court or the commissioner of corrections. The adult data and 
15.26 	juvenile data as defined in section 260B.171 in the statewide supervision system are 
15.27 	private data as defined in section 13.02, subdivision 12, but are accessible to criminal 
15.28 	justice agencies as defined in section 13.02, subdivision 3a, to the Minnesota sex offender 
15.29 	program as provided in section 246B.04, subdivision 3, to public defenders as provided in 
15.30 	section 611.272, to all trial courts and appellate courts, and to criminal justice agencies in 
15.31 	other states in the conduct of their official duties.  

16.1 	Sec. 8. Minnesota Statutes 2008, section 246B.04, is amended by adding a subdivision 
16.2 	to read:
16.3 		Subd. 3.Access to data. The Minnesota sex offender program shall have access 
16.4 	to private data contained in the statewide supervision system under section 241.065, as 
16.5 	necessary for the administration and management of current Minnesota sex offender 
16.6 	clients for the purposes of admissions, treatment, security, and supervision. The program 
16.7 	shall develop a policy to allow individuals who conduct assessments, develop treatment 
16.8 	plans, oversee security, or develop reintegration plans to have access to the data. The 
16.9 	commissioner of corrections shall conduct periodic audits to determine whether the policy 
16.10 	is being followed.

16.11 	Sec. 9. Minnesota Statutes 2008, section 270B.14, subdivision 16, is amended to read:
16.12 		Subd. 16.Disclosure to law enforcement authorities. Under circumstances 
16.13 	involving threat of death or physical injury to any individual, or harassment of a 
16.14 	Department of Revenue employee, the commissioner may disclose return information 
16.15 	to the extent necessary to apprise appropriate federal, state, or local law enforcement 
16.16 	authorities of such circumstances. For purposes of this subdivision, "harassment" is 
16.17 	purposeful conduct directed at an individual and causing an individual to feel frightened, 
16.18 	threatened, oppressed, persecuted, or intimidated. For purposes of harassment, the return 
16.19 	information that initially can be disclosed is limited to the name, address, and phone 
16.20 	number of the harassing individual, the name of the employee being harassed, and the 
16.21 	nature and circumstances of the harassment. Data disclosed under this subdivision are 
16.22 	classified under section 13.82 once they are received by the law enforcement authority. 

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

16.24 	Sec. 10. Minnesota Statutes 2008, section 299C.156, subdivision 5, is amended to read:
16.25 		Subd. 5.Reviews and reports are public Data practices; use of reports. The 
16.26 	board shall make all(a) Investigation reports completed under subdivision 3, paragraph 
16.27 	(a), clause (1), available to the public are private data on individuals or nonpublic data as 
16.28 	defined in section 13.02, unless the board finds there was negligence or misconduct. A 
16.29 	report or complaint received under this section is private data on individuals or nonpublic 
16.30 	data. This paragraph does not affect the classification of data on employees under section 
16.31 	13.43. 
16.32 	(b) A report completed under subdivision 3, paragraph (a), clause (1), in a 
16.33 	subsequent civil or criminal proceeding is not prima facie evidence of the information or 
16.34 	findings contained in the report.

17.1 	Sec. 11. Minnesota Statutes 2008, section 332.70, subdivision 1, is amended to read:
17.2 		Subdivision 1.Definitions. For purposes of this section: 
17.3 	(a) "Business screening service" means a person regularly engaged in the business of 
17.4 	collecting, assembling, evaluating, or disseminating criminal record information records
17.5 	on individuals for a fee. Business screening service does not include a government entity, 
17.6 	as defined in section 13.02, or the news media.
17.7 	(b) "Conviction" has the meaning given in section 609.02, subdivision 5.
17.8 	(c) "Criminal record" means a public record originating from a Minnesota agency 
17.9 	or court of an arrest, citation, prosecution, criminal proceeding, or conviction. For the 
17.10 	purposes of this definition, "criminal proceeding" does not include judicial opinions.

17.11 	Sec. 12. Minnesota Statutes 2008, section 332.70, subdivision 2, is amended to read:
17.12 		Subd. 2.Criminal records. A business screening service must not disseminate a 
17.13 	criminal record unless the record has been updated within the previous month. A business 
17.14 	screening service shall make all updates to Minnesota criminal records as most recently 
17.15 	provided by the agencies or courts in a timely manner, and make a good faith effort to 
17.16 	ensure the records are accurate, current, and complete as provided by those agencies and 
17.17 	courts. Business screening services shall not be liable for inaccurate data which is the 
17.18 	result of a good faith attempt to comply with this section.

17.19 	Sec. 13. Minnesota Statutes 2008, section 332.70, subdivision 3, is amended to read:
17.20 		Subd. 3.Correction and deletion of records. (a) If the completeness or accuracy 
17.21 	of a criminal record maintained by a business screening service is disputed by the 
17.22 	individual who is the subject of the record, the screening service shall, without charge, 
17.23 	investigate the disputed record. In conducting an investigation, the business screening 
17.24 	service shall review and consider all relevant information submitted by the subject of the 
17.25 	record with respect to the disputed record to determine whether the record maintained by 
17.26 	the screening service accurately reflects the content of the official record, as maintained by 
17.27 	the official government custodian.
17.28 	(b) If the disputed record is found to be inaccurate or incomplete, the business 
17.29 	screening service shall promptly correct the record. If the disputed record is found to be 
17.30 	sealed, expunged, or the subject of a pardon, the business screening service shall promptly 
17.31 	delete the record. If, upon investigation, the screening service determines that the record 
17.32 	does not accurately reflect the content of the official record, the screening service shall 
17.33 	correct the disputed record so as to accurately reflect the content of the official record. 
18.1 	If the disputed record is found to be sealed, expunged, or the subject of a pardon, the 
18.2 	business screening service shall promptly delete the record.
18.3 	(c) A business screening service may terminate an investigation of a disputed record 
18.4 	if the business screening agency reasonably determines that the dispute is frivolous, which 
18.5 	may be based on the failure of the subject of the record to provide sufficient information to 
18.6 	investigate the disputed record. Upon making a determination that the dispute is frivolous, 
18.7 	the business screening service shall inform the subject of the record of the specific reasons 
18.8 	why it has determined that the dispute is frivolous and provide a description of any 
18.9 	information required to investigate the disputed record.
18.10 	(d) The business screening service shall notify the subject of the disputed record 
18.11 	of the correction or deletion of the record or of the termination or completion of the 
18.12 	investigation related to the record within 30 days of the date when the agency receives 
18.13 	notice of the dispute from the subject of the record.

18.14 	Sec. 14. Minnesota Statutes 2008, section 332.70, subdivision 4, is amended to read:
18.15 		Subd. 4.Date and notice required. A business screening service that disseminates 
18.16 	a criminal record must include the date when the record was collected by the business 
18.17 	screening service and a notice that the information may include criminal records that have 
18.18 	been expunged, sealed, or otherwise have become inaccessible to the public since that date.

18.19 	EFFECTIVE DATE; APPLICABILITY. This section only applies to criminal 
18.20 	records collected by a business screening service on or after the date this section becomes 
18.21 	effective.

18.22 	ARTICLE 5
18.23 	HUMAN SERVICES DATA

18.24 	Section 1. Minnesota Statutes 2008, section 13.46, subdivision 3, is amended to read:
18.25 		Subd. 3.Investigative data. (a) Data on persons, including data on vendors of 
18.26 	services and data on, licensees, and applicants, that is collected, maintained, used, or 
18.27 	disseminated by the welfare system in an investigation, authorized by statute and relating 
18.28 	to the enforcement of rules or law, is confidential data on individuals pursuant to section 
18.29 	13.02, subdivision 3, or protected nonpublic data not on individuals pursuant to section 
18.30 	13.02, subdivision 13, and shall not be disclosed except: 
18.31 	(1) pursuant to section 13.05; 
18.32 	(2) pursuant to statute or valid court order;
19.1 	(3) to a party named in a civil or criminal proceeding, administrative or judicial, for 
19.2 	preparation of defense; or
19.3 	(4) to provide notices required or permitted by statute.
19.4 	The data referred to in this subdivision shall be classified as public data upon 
19.5 	its submission to an administrative law judge or court in an administrative or judicial 
19.6 	proceeding. Inactive welfare investigative data shall be treated as provided in section 
19.7 	13.39, subdivision 3. 
19.8 	(b) Notwithstanding any other provision in law, the commissioner of human services 
19.9 	shall provide all active and inactive investigative data, including the name of the reporter 
19.10 	of alleged maltreatment under section 626.556 or 626.557, to the ombudsman for mental 
19.11 	health and developmental disabilities upon the request of the ombudsman. 

19.12 	Sec. 2. Minnesota Statutes 2008, section 13.46, subdivision 4, is amended to read:
19.13 		Subd. 4.Licensing data. (a) As used in this subdivision:
19.14 	(1) "licensing data" means all data collected, maintained, used, or disseminated by 
19.15 	the welfare system pertaining to persons licensed or registered or who apply for licensure 
19.16 	or registration or who formerly were licensed or registered under the authority of the 
19.17 	commissioner of human services;
19.18 	(2) "client" means a person who is receiving services from a licensee or from an 
19.19 	applicant for licensure; and
19.20 	(3) "personal and personal financial data" means Social Security numbers, identity 
19.21 	of and letters of reference, insurance information, reports from the Bureau of Criminal 
19.22 	Apprehension, health examination reports, and social/home studies.
19.23 	(b)(1) Except as provided in paragraph (c), the following data on applicants, license 
19.24 	holders, and former licensees are public: name, address, telephone number of licensees, 
19.25 	date of receipt of a completed application, dates of licensure, licensed capacity, type of 
19.26 	client preferred, variances granted, record of training and education in child care and child 
19.27 	development, type of dwelling, name and relationship of other family members, previous 
19.28 	license history, class of license, the existence and status of complaints, and the number 
19.29 	of serious injuries to or deaths of individuals in the licensed program as reported to the 
19.30 	commissioner of human services, the local social services agency, or any other county 
19.31 	welfare agency. For purposes of this clause, a serious injury is one that is treated by 
19.32 	a physician. When a correction order or, an order to forfeit a fine, an order of license 
19.33 	suspension, an order of temporary immediate suspension, an order of license revocation, 
19.34 	an order of license denial, or an order of conditional license  has been issued, a license is 
19.35 	suspended, immediately suspended, revoked, denied, or made conditional, or a complaint 
20.1 	is resolved, the following data on current and former licensees and applicants are public: 
20.2 	the substance and investigative findings of the licensing or maltreatment complaint, 
20.3 	licensing violation, or substantiated maltreatment; the record of informal resolution of a 
20.4 	licensing violation; orders of hearing; findings of fact; conclusions of law; specifications of 
20.5 	the final correction order, fine, suspension, temporary immediate suspension, revocation, 
20.6 	denial, or conditional license contained in the record of licensing action; whether a fine 
20.7 	has been paid; and the status of any appeal of these actions. If a licensing sanction under 
20.8 	section 245A.07, or a license denial under section 245A.05, is based on a determination 
20.9 	that the license holder or applicant is responsible for maltreatment or is disqualified under 
20.10 	chapter 245C, the identity of the license holder or applicant as the individual responsible 
20.11 	for maltreatment or as the disqualified individual is public data at the time of the issuance 
20.12 	of the licensing sanction or denial.
20.13 	(2) Notwithstanding sections 626.556, subdivision 11, and 626.557, subdivision 12b, 
20.14 	when any person subject to disqualification under section 245C.14 in connection with a 
20.15 	license to provide family day care for children, child care center services, foster care 
20.16 	for children in the provider's home, or foster care or day care services for adults in the 
20.17 	provider's home is a substantiated perpetrator of maltreatment, and the substantiated 
20.18 	maltreatment is a reason for a licensing action, the identity of the substantiated perpetrator 
20.19 	of maltreatment is public data. For purposes of this clause, a person is a substantiated 
20.20 	perpetrator if the maltreatment determination has been upheld under section 256.045; 
20.21 	626.556, subdivision 10i; 626.557, subdivision 9d; or chapter 14, or if an individual or 
20.22 	facility has not timely exercised appeal rights under these sections, except as provided 
20.23 	under clause (1).
20.24 	(3) For applicants who withdraw their application prior to licensure or denial of a 
20.25 	license, the following data are public: the name of the applicant, the city and county in 
20.26 	which the applicant was seeking licensure, the dates of the commissioner's receipt of the 
20.27 	initial application and completed application, the type of license sought, and the date 
20.28 	of withdrawal of the application.
20.29 	(4) For applicants who are denied a license, the following data are public: the name 
20.30 	and address of the applicant, the city and county in which the applicant was seeking 
20.31 	licensure, the dates of the commissioner's receipt of the initial application and completed 
20.32 	application, the type of license sought, the date of denial of the application, the nature of 
20.33 	the basis for the denial, the record of informal resolution of a denial, orders of hearings, 
20.34 	findings of fact, conclusions of law, specifications of the final order of denial, and the 
20.35 	status of any appeal of the denial.
21.1 	(5) The following data on persons subject to disqualification under section 245C.14
21.2 	in connection with a license to provide family day care for children, child care center 
21.3 	services, foster care for children in the provider's home, or foster care or day care services 
21.4 	for adults in the provider's home, are public: the nature of any disqualification set 
21.5 	aside under section 245C.22, subdivisions 2 and 4, and the reasons for setting aside the 
21.6 	disqualification; the nature of any disqualification for which a variance was granted under 
21.7 	sections 245A.04, subdivision 9; and 245C.30, and the reasons for granting any variance 
21.8 	under section 245A.04, subdivision 9; and, if applicable, the disclosure that any person 
21.9 	subject to a background study under section 245C.03, subdivision 1, has successfully 
21.10 	passed a background study. If a licensing sanction under section 245A.07, or a license 
21.11 	denial under section 245A.05, is based on a determination that an individual subject to 
21.12 	disqualification under chapter 245C is disqualified, the disqualification as a basis for the 
21.13 	licensing sanction or denial is public data. As specified in clause (1), if the disqualified 
21.14 	individual is the license holder or applicant, the identity of the license holder or applicant 
21.15 	is public data. If the disqualified individual is an individual other than the license holder 
21.16 	or applicant, the identity of the disqualified individual shall remain private data.
21.17 	(6) When maltreatment is substantiated under section 626.556 or 626.557 and the 
21.18 	victim and the substantiated perpetrator are affiliated with a program licensed under 
21.19 	chapter 245A, the commissioner of human services, local social services agency, or 
21.20 	county welfare agency may inform the license holder where the maltreatment occurred of 
21.21 	the identity of the substantiated perpetrator and the victim.
21.22 	(7) Notwithstanding clause (1), for child foster care, only the name of the license 
21.23 	holder and the status of the license are public if the county attorney has requested that data 
21.24 	otherwise classified as public data under clause (1) be considered private data based on the 
21.25 	best interests of a child in placement in a licensed program.
21.26 	(c) The following are private data on individuals under section 13.02, subdivision 
21.27 	12, or nonpublic data under section 13.02, subdivision 9: personal and personal financial 
21.28 	data on family day care program and family foster care program applicants and licensees 
21.29 	and their family members who provide services under the license.
21.30 	(d) The following are private data on individuals: the identity of persons who have 
21.31 	made reports concerning licensees or applicants that appear in inactive investigative data, 
21.32 	and the records of clients or employees of the licensee or applicant for licensure whose 
21.33 	records are received by the licensing agency for purposes of review or in anticipation of a 
21.34 	contested matter. The names of reporters of complaints or alleged violations of licensing 
21.35 	standards under chapters 245A, 245B, and 245C, and applicable rules and alleged 
22.1 	maltreatment under sections 626.556 and 626.557, are confidential data and may be 
22.2 	disclosed only as provided in section 626.556, subdivision 11, or 626.557, subdivision 12b.
22.3 	(e) Data classified as private, confidential, nonpublic, or protected nonpublic under 
22.4 	this subdivision become public data if submitted to a court or administrative law judge as 
22.5 	part of a disciplinary proceeding in which there is a public hearing concerning a license 
22.6 	which has been suspended, immediately suspended, revoked, or denied.
22.7 	(f) Data generated in the course of licensing investigations that relate to an alleged 
22.8 	violation of law are investigative data under subdivision 3.
22.9 	(g) Data that are not public data collected, maintained, used, or disseminated under 
22.10 	this subdivision that relate to or are derived from a report as defined in section 626.556, 
22.11 	subdivision 2, or 626.5572, subdivision 18, are subject to the destruction provisions of 
22.12 	sections 626.556, subdivision 11c, and 626.557, subdivision 12b.
22.13 	(h) Upon request, not public data collected, maintained, used, or disseminated under 
22.14 	this subdivision that relate to or are derived from a report of substantiated maltreatment as 
22.15 	defined in section 626.556 or 626.557 may be exchanged with the Department of Health 
22.16 	for purposes of completing background studies pursuant to section 144.057 and with 
22.17 	the Department of Corrections for purposes of completing background studies pursuant 
22.18 	to section 241.021.
22.19 	(i) Data on individuals collected according to licensing activities under chapters 
22.20 	245A and 245C, and data on individuals collected by the commissioner of human services 
22.21 	according to maltreatment investigations under sections 626.556 and 626.557, may be 
22.22 	shared with the Department of Human Rights, the Department of Health, the Department 
22.23 	of Corrections, the ombudsman for mental health and developmental disabilities, and 
22.24 	the individual's professional regulatory board when there is reason to believe that laws 
22.25 	or standards under the jurisdiction of those agencies may have been violated. Unless 
22.26 	otherwise specified in this chapter, the identity of a reporter of alleged maltreatment or 
22.27 	licensing violations may not be disclosed.
22.28 	(j) In addition to the notice of determinations required under section 626.556, 
22.29 	subdivision 10f, if the commissioner or the local social services agency has determined 
22.30 	that an individual is a substantiated perpetrator of maltreatment of a child based on sexual 
22.31 	abuse, as defined in section 626.556, subdivision 2, and the commissioner or local social 
22.32 	services agency knows that the individual is a person responsible for a child's care in 
22.33 	another facility, the commissioner or local social services agency shall notify the head 
22.34 	of that facility of this determination. The notification must include an explanation of the 
22.35 	individual's available appeal rights and the status of any appeal. If a notice is given under 
23.1 	this paragraph, the government entity making the notification shall provide a copy of the 
23.2 	notice to the individual who is the subject of the notice.
23.3 	(k) All not public data collected, maintained, used, or disseminated under this 
23.4 	subdivision and subdivision 3 may be exchanged between the Department of Human 
23.5 	Services, Licensing Division, and the Department of Corrections for purposes of 
23.6 	regulating services for which the Department of Human Services and the Department 
23.7 	of Corrections have regulatory authority.

23.8 	Sec. 3. Minnesota Statutes 2008, section 245C.08, is amended to read:
23.9 	245C.08 BACKGROUND STUDY; COMMISSIONER REVIEWS.
23.10 		Subdivision 1.Background studies conducted by commissioner the Department
23.11 	of Human Services. (a) For a background study conducted by the commissioner
23.12 	Department of Human Services, the commissioner shall review:
23.13 	(1) information related to names of substantiated perpetrators of maltreatment of 
23.14 	vulnerable adults that has been received by the commissioner as required under section 
23.15 	626.557, subdivision 9c, paragraph (i);
23.16 	(2) the commissioner's records relating to the maltreatment of minors in licensed 
23.17 	programs, and from findings of maltreatment of minors as indicated through the social 
23.18 	service information system;
23.19 	(3) information from juvenile courts as required in subdivision 4 for individuals listed 
23.20 	in section 245C.03, subdivision 1, clauses (2), (5), and (6) when there is reasonable cause; 
23.21 	(4) information from the Bureau of Criminal Apprehension; 
23.22 	(5) except as provided in clause (6), information from the national crime information 
23.23 	system when the commissioner has reasonable cause as defined under section 245C.05, 
23.24 	subdivision 5; and
23.25 	(6) for a background study related to a child foster care application for licensure or 
23.26 	adoptions, the commissioner shall also review:
23.27 	(i) information from the child abuse and neglect registry for any state in which the 
23.28 	background study subject has resided for the past five years; and
23.29 	(ii) information from national crime information databases, when the background 
23.30 	study object subject is 18 years of age or older.
23.31 	(b) Notwithstanding expungement by a court, the commissioner may consider 
23.32 	information obtained under paragraph (a), clauses (3) and (4), unless the commissioner 
23.33 	received notice of the petition for expungement and the court order for expungement is 
23.34 	directed specifically to the commissioner.
24.1 		Subd. 2.Background studies conducted by a county agency. (a) For a background 
24.2 	study conducted by a county agency for adult foster care, family adult day services, and 
24.3 	family child care services, the commissioner shall review:
24.4 	(1) information from the county agency's record of substantiated maltreatment 
24.5 	of adults and the maltreatment of minors;
24.6 	(2) information from juvenile courts as required in subdivision 4 for individuals 
24.7 	listed in section 245C.03, subdivision 1, clauses (2), (5), and (6):
24.8 	(i) individuals listed in section 245C.03, subdivision 1, who are ages 13 through 23 
24.9 	living in the household where the licensed services will be provided; and
24.10 	(ii) any other individual listed under section 245C.03, subdivision 1, when there 
24.11 	is reasonable cause; and
24.12 	(3) information from the Bureau of Criminal Apprehension.
24.13 	(b) If the individual has resided in the county for less than five years, the study shall 
24.14 	include the records specified under paragraph (a) for the previous county or counties of 
24.15 	residence for the past five years.
24.16 	(c) Notwithstanding expungement by a court, the county agency may consider 
24.17 	information obtained under paragraph (a), clause (3), unless the commissioner received 
24.18 	notice of the petition for expungement and the court order for expungement is directed 
24.19 	specifically to the commissioner.
24.20 		Subd. 3.Arrest and investigative information. (a) For any background study 
24.21 	completed under this section, if the commissioner has reasonable cause to believe the 
24.22 	information is pertinent to the disqualification of an individual, the commissioner also 
24.23 	may review arrest and investigative information from:
24.24 	(1) the Bureau of Criminal Apprehension;
24.25 	(2) the commissioner of health;
24.26 	(3) a county attorney;
24.27 	(4) a county sheriff;
24.28 	(5) a county agency;
24.29 	(6) a local chief of police;
24.30 	(7) other states;
24.31 	(8) the courts;
24.32 	(9) the Federal Bureau of Investigation;
24.33 	(10) the National Criminal Records Repository; and
24.34 	(11) criminal records from other states.
24.35 	(b) The commissioner is not required to conduct more than one review of a subject's 
24.36 	records from the Federal Bureau of Investigation if a review of the subject's criminal 
25.1 	history with the Federal Bureau of Investigation has already been completed by the 
25.2 	commissioner and there has been no break in the subject's affiliation with the license 
25.3 	holder who initiated the background study.
25.4 		Subd. 4.Juvenile court records. (a) For a background study conducted by the 
25.5 	Department of Human Services, the commissioner shall review records from the juvenile 
25.6 	courts for an individual studied under section 245C.03, subdivision 1, clauses (2) and (5)
25.7 	when the commissioner has reasonable cause. 
25.8 	(b) For individuals studied under section 245C.03, subdivision 1, clauses (1), (3), 
25.9 	(4), and (6), and subdivision 2, who are ages 13 to 17, the commissioner shall review 
25.10 	records from the juvenile courts a background study conducted by a county agency, the 
25.11 	commissioner shall review records from the juvenile courts for individuals listed in section 
25.12 	245C.03, subdivision 1, who are ages 13 through 23 living in the household where the 
25.13 	licensed services will be provided. The commissioner shall also review records from 
25.14 	juvenile courts for any other individual listed under section 245C.03, subdivision 1, when 
25.15 	the commissioner has reasonable cause. 
25.16 	(c) The juvenile courts shall help with the study by giving the commissioner existing 
25.17 	juvenile court records relating to delinquency proceedings held on individuals described 
25.18 	in section 245C.03, subdivision 1, clauses (2), (5), and (6), relating to delinquency 
25.19 	proceedings held within either the five years immediately preceding the background study 
25.20 	or the five years immediately preceding the individual's 18th birthday, whichever time 
25.21 	period is longer when requested pursuant to this subdivision. 
25.22 	(d) For purposes of this chapter, a finding that a delinquency petition is proven in 
25.23 	juvenile court shall be considered a conviction in state district court.
25.24 	(e) Juvenile courts shall provide orders of involuntary and voluntary termination of 
25.25 	parental rights under section 260C.301 to the commissioner upon request for purposes of 
25.26 	conducting a background study under this chapter.

25.27 	Sec. 4. Minnesota Statutes 2008, section 245C.22, subdivision 7, is amended to read:
25.28 		Subd. 7.Classification of certain data. (a) Notwithstanding section 13.46, upon 
25.29 	setting aside a disqualification under this section, the identity of the disqualified individual 
25.30 	who received the set-aside and the individual's disqualifying characteristics are public 
25.31 	data if the set-aside was:
25.32 	(1) for any disqualifying characteristic under section 245C.15, when the set-aside 
25.33 	relates to a child care center or a family child care provider licensed under chapter 245A; or
25.34 	(2) for a disqualifying characteristic under section 245C.15, subdivision 2.
26.1 	(b) Notwithstanding section 13.46, upon granting a variance to a license holder 
26.2 	under section 245C.30, the identity of the disqualified individual who is the subject of 
26.3 	the variance, the individual's disqualifying characteristics under section 245C.15, and the 
26.4 	terms of the variance are public data, when the variance:
26.5 	(1) is issued to a child care center or a family child care provider licensed under 
26.6 	chapter 245A; or
26.7 	(2) relates to an individual with a disqualifying characteristic under section 245C.15, 
26.8 	subdivision 2.
26.9 	(c) The identity of a disqualified individual and the reason for disqualification 
26.10 	remain private data when:
26.11 	(1) a disqualification is not set aside and no variance is granted, except as provided 
26.12 	under section 13.46, subdivision 4;
26.13 	(2) the data are not public under paragraph (a) or (b);
26.14 	(3) the disqualification is rescinded because the information relied upon to disqualify 
26.15 	the individual is incorrect; or
26.16 	(4) the disqualification relates to a license to provide relative child foster care. 
26.17 	As used in this clause, "relative" has the meaning given it under section 260C.007, 
26.18 	subdivision 27.
26.19 	(d) Licensed family child care providers and child care centers must provide notices 
26.20 	as required under section 245C.301.
26.21 	(e) Notwithstanding paragraphs (a) and  (b), the identity of household members who 
26.22 	are the subject of a disqualification related set-aside or variance is not public data if: 
26.23 	(1) the household member resides in the residence where the family child care is 
26.24 	provided; 
26.25 	(2) the subject of the set-aside or variance is under the age of 18 years; and 
26.26 	(3) the set-aside or variance only relates to a disqualification under section 245C.15, 
26.27 	subdivision 4, for a misdemeanor-level theft crime as defined in section 609.52.

26.28 	Sec. 5. Minnesota Statutes 2008, section 626.557, subdivision 12b, is amended to read:
26.29 		Subd. 12b.Data management. (a) In performing any of the duties of this section as 
26.30 	a lead agency, the county social service agency shall maintain appropriate records. Data 
26.31 	collected by the county social service agency under this section are welfare data under 
26.32 	section 13.46. Notwithstanding section 13.46, subdivision 1, paragraph (a), data under this 
26.33 	paragraph that are inactive investigative data on an individual who is a vendor of services 
26.34 	are private data on individuals, as defined in section 13.02. The identity of the reporter 
26.35 	may only be disclosed as provided in paragraph (c).
27.1 	Data maintained by the common entry point are confidential data on individuals or 
27.2 	protected nonpublic data as defined in section 13.02. Notwithstanding section 138.163, 
27.3 	the common entry point shall destroy data three calendar years after date of receipt.
27.4 	(b) The commissioners of health and human services shall prepare an investigation 
27.5 	memorandum for each report alleging maltreatment investigated under this section. 
27.6 	County social service agencies must maintain private data on individuals but are not 
27.7 	required to prepare an investigation memorandum. During an investigation by the 
27.8 	commissioner of health or the commissioner of human services, data collected under this 
27.9 	section are confidential data on individuals or protected nonpublic data as defined in 
27.10 	section 13.02. Upon completion of the investigation, the data are classified as provided in 
27.11 	clauses (1) to (3) and paragraph (c).
27.12 	(1) The investigation memorandum must contain the following data, which are 
27.13 	public:
27.14 	(i) the name of the facility investigated;
27.15 	(ii) a statement of the nature of the alleged maltreatment;
27.16 	(iii) pertinent information obtained from medical or other records reviewed;
27.17 	(iv) the identity of the investigator;
27.18 	(v) a summary of the investigation's findings;
27.19 	(vi) statement of whether the report was found to be substantiated, inconclusive, 
27.20 	false, or that no determination will be made;
27.21 	(vii) a statement of any action taken by the facility;
27.22 	(viii) a statement of any action taken by the lead agency; and
27.23 	(ix) when a lead agency's determination has substantiated maltreatment, a statement 
27.24 	of whether an individual, individuals, or a facility were responsible for the substantiated 
27.25 	maltreatment, if known.
27.26 	The investigation memorandum must be written in a manner which protects the 
27.27 	identity of the reporter and of the vulnerable adult and may not contain the names or, to 
27.28 	the extent possible, data on individuals or private data listed in clause (2).
27.29 	(2) Data on individuals collected and maintained in the investigation memorandum 
27.30 	are private data, including:
27.31 	(i) the name of the vulnerable adult;
27.32 	(ii) the identity of the individual alleged to be the perpetrator;
27.33 	(iii) the identity of the individual substantiated as the perpetrator; and
27.34 	(iv) the identity of all individuals interviewed as part of the investigation.
27.35 	(3) Other data on individuals maintained as part of an investigation under this section 
27.36 	are private data on individuals upon completion of the investigation.
28.1 	(c) After the assessment or investigation is completed, the name of the reporter 
28.2 	must be confidential. The subject of the report may compel disclosure of the name of the 
28.3 	reporter only with the consent of the reporter or upon a written finding by a court that 
28.4 	the report was false and there is evidence that the report was made in bad faith. This 
28.5 	subdivision does not alter disclosure responsibilities or obligations under the Rules of 
28.6 	Criminal Procedure, except that where the identity of the reporter is relevant to a criminal 
28.7 	prosecution, the district court shall do an in-camera review prior to determining whether 
28.8 	to order disclosure of the identity of the reporter.
28.9 	(d) Notwithstanding section 138.163, data maintained under this section by the 
28.10 	commissioners of health and human services must be destroyed under the following 
28.11 	schedule:
28.12 	(1) data from reports determined to be false, two years after the finding was made;
28.13 	(2) data from reports determined to be inconclusive, four years after the finding 
28.14 	was made;
28.15 	(3) data from reports determined to be substantiated, seven years after the finding 
28.16 	was made; and
28.17 	(4) data from reports which were not investigated by a lead agency and for which 
28.18 	there is no final disposition, two years from the date of the report.
28.19 	(e) The commissioners of health and human services shall each annually report to 
28.20 	the legislature and the governor on the number and type of reports of alleged maltreatment 
28.21 	involving licensed facilities reported under this section, the number of those requiring 
28.22 	investigation under this section, and the resolution of those investigations. The report 
28.23 	shall identify:
28.24 	(1) whether and where backlogs of cases result in a failure to conform with statutory 
28.25 	time frames;
28.26 	(2) where adequate coverage requires additional appropriations and staffing; and
28.27 	(3) any other trends that affect the safety of vulnerable adults.
28.28 	(f) Each lead agency must have a record retention policy.
28.29 	(g) Lead agencies, prosecuting authorities, and law enforcement agencies may 
28.30 	exchange not public data, as defined in section 13.02, if the agency or authority requesting 
28.31 	the data determines that the data are pertinent and necessary to the requesting agency in 
28.32 	initiating, furthering, or completing an investigation under this section. Data collected 
28.33 	under this section must be made available to prosecuting authorities and law enforcement 
28.34 	officials, local county agencies, and licensing agencies investigating the alleged 
28.35 	maltreatment under this section. The lead agency shall exchange not public data with the 
28.36 	vulnerable adult maltreatment review panel established in section 256.021 if the data are 
29.1 	pertinent and necessary for a review requested under that section. Upon completion of the 
29.2 	review, not public data received by the review panel must be returned to the lead agency.
29.3 	(h) Each lead agency shall keep records of the length of time it takes to complete its 
29.4 	investigations.
29.5 	(i) A lead agency may notify other affected parties and their authorized representative 
29.6 	if the agency has reason to believe maltreatment has occurred and determines the 
29.7 	information will safeguard the well-being of the affected parties or dispel widespread 
29.8 	rumor or unrest in the affected facility.
29.9 	(j) Under any notification provision of this section, where federal law specifically 
29.10 	prohibits the disclosure of patient identifying information, a lead agency may not provide 
29.11 	any notice unless the vulnerable adult has consented to disclosure in a manner which 
29.12 	conforms to federal requirements.