SF 863

CCR--SF0863B - 86th Legislature (2009 - 2010)

Posted on 01/15/2013 08:28 p.m.

1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 863 1.2A bill for an act 1.3relating to data practices; classifying government data; modifying provisions 1.4governing temporary classifications and personnel data; amending business 1.5screening services provisions;amending Minnesota Statutes 2008, sections 1.613.05, subdivision 4, by adding a subdivision; 13.06, subdivisions 1, 3, 4, 5, 7, 1.7by adding subdivisions; 13.43, subdivisions 1, 2, by adding subdivisions; 13.64; 1.813.643, by adding a subdivision; 13.7931, by adding a subdivision; 13.87, by 1.9adding a subdivision; 13.871, by adding a subdivision; 13D.05, subdivision 3; 1.1016B.97, by adding a subdivision; 125A.21, subdivision 5; 270B.14, subdivision 1.1116; 299C.156, subdivision 5; 332.70, subdivisions 1, 2, 3, 4; proposing coding 1.12for new law in Minnesota Statutes, chapters 13; 84; repealing Minnesota Statutes 1.132008, section 13.06, subdivision 2; Minnesota Rules, part 1205.1800. 1.14May 12, 2010 1.15The Honorable James P. Metzen 1.16President of the Senate 1.17The Honorable Margaret Anderson Kelliher 1.18Speaker of the House of Representatives 1.19We, the undersigned conferees for S.F. No. 863 report that we have agreed upon the 1.20items in dispute and recommend as follows: 1.21That the House recede from its amendment and that S.F. No. 863 be further amended 1.22as follows: 1.23Delete everything after the enacting clause and insert: 1.24"ARTICLE 1 1.25GENERAL PROVISIONS 1.26    Section 1. Minnesota Statutes 2008, section 13.05, subdivision 4, is amended to read: 1.27    Subd. 4. Limitations on collection and use of data. Private or confidential data on 1.28an individual shall not be collected, stored, used, or disseminated by government entities 1.29for any purposes other than those stated to the individual at the time of collection in 1.30accordance with section 13.04, except as provided in this subdivision. 1.31(a) Data collected prior to August 1, 1975, and which have not been treated as public 1.32data, may be used, stored, and disseminated for the purposes for which the data was 2.1originally collected or for purposes which are specifically approved by the commissioner 2.2as necessary to public health, safety, or welfare. 2.3(b) Private or confidential data may be used and disseminated to individuals or 2.4entities specifically authorized access to that data by state, local, or federal law enacted or 2.5promulgated after the collection of the data. 2.6(c) Private or confidential data may be used and disseminated to individuals or 2.7entities subsequent to the collection of the data when the responsible authority maintaining 2.8the data has requested approval for a new or different use or dissemination of the data 2.9and that request has been specifically approved by the commissioner as necessary to carry 2.10out a function assigned by law. 2.11(d) Private data may be used by and disseminated to any person or entity if the 2.12individual subject or subjects of the data have given their informed consent. Whether a 2.13data subject has given informed consent shall be determined by rules of the commissioner. 2.14The format for informed consent is as follows, unless otherwise prescribed by the HIPAA, 2.15Standards for Privacy of Individually Identifiable Health Information, 65 Fed. Reg. 82, 2.16461 (2000) (to be codified as Code of Federal Regulations, title 45, section 164): informed 2.17consent shall not be deemed to have been given by an individual subject of the data by the 2.18signing of any statement authorizing any person or entity to disclose information about the 2.19individual to an insurer or its authorized representative, unless the statement is: 2.20(1) in plain language; 2.21(2) dated; 2.22(3) specific in designating the particular persons or agencies the data subject is 2.23authorizing to disclose information about the data subject; 2.24(4) specific as to the nature of the information the subject is authorizing to be 2.25disclosed; 2.26(5) specific as to the persons or entities to whom the subject is authorizing 2.27information to be disclosed; 2.28(6) specific as to the purpose or purposes for which the information may be used 2.29by any of the parties named in clause (5), both at the time of the disclosure and at any 2.30time in the future; 2.31(7) specific as to its expiration date which should be within a reasonable period of 2.32time, not to exceed one year except in the case of authorizations given in connection 2.33with applications for (i) life insurance or noncancelable or guaranteed renewable health 2.34insurance and identified as such, two years after the date of the policy or (ii) medical 2.35assistance under chapter 256B or MinnesotaCare under chapter 256L, which shall be 3.1ongoing during all terms of eligibility, for individual education plan health-related services 3.2provided by a school district under section 125A.21, subdivision 2. 3.3The responsible authority may require a person requesting copies of data under this 3.4paragraph to pay the actual costs of making, new text begin and new text end certifying, and compiling the copies. 3.5(e) Private or confidential data on an individual may be discussed at a meeting open 3.6to the public to the extent provided in section 13D.05. 3.7    Sec. 2. Minnesota Statutes 2008, section 13.05, is amended by adding a subdivision to 3.8read: 3.9     new text begin Subd. 4a. new text end new text begin Informed consent for insurance purposes. new text end new text begin Informed consent for new text end 3.10 new text begin insurance purposes must comply with this subdivision, unless otherwise prescribed by new text end 3.11 new text begin the HIPAA Standards for Privacy of Individually Identifiable Health Information, Code new text end 3.12 new text begin of Federal Regulations, title 45, section 164. Informed consent for insurance purposes new text end 3.13 new text begin is not considered to have been given by an individual subject of data by the signing of a new text end 3.14 new text begin statement authorizing a government entity to disclose information about the individual to new text end 3.15 new text begin an insurer or its authorized representative, unless the statement is: new text end 3.16 new text begin (1) in plain language; new text end 3.17 new text begin (2) dated; new text end 3.18 new text begin (3) specific in designating the government entity the data subject is authorizing to new text end 3.19 new text begin disclose information about the data subject; new text end 3.20 new text begin (4) specific as to the nature of the information the data subject is authorizing to new text end 3.21 new text begin be disclosed; new text end 3.22 new text begin (5) specific as to the persons to whom the data subject is authorizing information to new text end 3.23 new text begin be disclosed; new text end 3.24 new text begin (6) specific as to the purpose or purposes for which the information may be used new text end 3.25 new text begin by any of the persons named in clause (5), both at the time of the disclosure and at any new text end 3.26 new text begin time in the future; and new text end 3.27 new text begin (7) specific as to its expiration date, which must be within a reasonable period of new text end 3.28 new text begin time, not to exceed one year. new text end 3.29 new text begin Notwithstanding clause (7), in the case of authorizations given in connection with new text end 3.30 new text begin applications for life insurance or noncancelable or guaranteed renewable health insurance new text end 3.31 new text begin that is so identified, the expiration date must not exceed two years after the date of the new text end 3.32 new text begin policy. An authorization in connection with medical assistance under chapter 256B or new text end 3.33 new text begin MinnesotaCare under chapter 256L or for individual education plan health-related services new text end 3.34 new text begin provided by a school district under section new text end new text begin 125A.21, subdivision 2, new text end new text begin is valid during all new text end 3.35 new text begin terms of eligibility. new text end 4.1    Sec. 3. Minnesota Statutes 2008, section 13.43, subdivision 1, is amended to read: 4.2    Subdivision 1. Definition. As used in this section, "personnel data" means 4.3 new text begin government new text end data on individuals collected new text begin maintained new text end because the individual is or was 4.4an employee of or an applicant for employment by, performs services on a voluntary 4.5basis for, or acts as an independent contractor with a government entity. Personnel data 4.6includes data submitted by an employee to a government entity as part of an organized 4.7self-evaluation effort by the government entity to request suggestions from all employees 4.8on ways to cut costs, make government more efficient, or improve the operation of 4.9government. An employee who is identified in a suggestion shall have access to all data in 4.10the suggestion except the identity of the employee making the suggestion. 4.11    Sec. 4. Minnesota Statutes 2008, section 13.43, subdivision 2, is amended to read: 4.12    Subd. 2. Public data. (a) Except for employees described in subdivision 5 and 4.13subject to the limitations described in subdivision 5a, the following personnel data on 4.14current and former employees, volunteers, and independent contractors of a government 4.15entity is public: 4.16    (1) name; employee identification number, which must not be the employee's Social 4.17Security number; actual gross salary; salary range; new text begin terms and conditions of employment new text end 4.18 new text begin relationship; new text end contract fees; actual gross pension; the value and nature of employer paid 4.19fringe benefits; and the basis for and the amount of any added remuneration, including 4.20expense reimbursement, in addition to salary; 4.21    (2) job title and bargaining unit; job description; education and training background; 4.22and previous work experience; 4.23    (3) date of first and last employment; 4.24    (4) the existence and status of any complaints or charges against the employee, 4.25regardless of whether the complaint or charge resulted in a disciplinary action; 4.26    (5) the final disposition of any disciplinary action together with the specific reasons 4.27for the action and data documenting the basis of the action, excluding data that would 4.28identify confidential sources who are employees of the public body; 4.29    (6) the terms of any agreement settling any dispute arising out of an employment 4.30relationship, including a buyout agreement as defined in section 123B.143, subdivision 2, 4.31paragraph (a); except that the agreement must include specific reasons for the agreement if 4.32it involves the payment of more than $10,000 of public money; 4.33    (7) work location; a work telephone number; badge number; new text begin work-related continuing new text end 4.34 new text begin education; new text end and honors and awards received; and 5.1    (8) payroll time sheets or other comparable data that are only used to account for 5.2employee's work time for payroll purposes, except to the extent that release of time sheet 5.3data would reveal the employee's reasons for the use of sick or other medical leave 5.4or other not public data. 5.5    (b) For purposes of this subdivision, a final disposition occurs when the government 5.6entity makes its final decision about the disciplinary action, regardless of the possibility of 5.7any later proceedings or court proceedings. In the case of arbitration proceedings arising 5.8under collective bargaining agreements, a final disposition occurs at the conclusion of the 5.9arbitration proceedings, or upon the failure of the employee to elect arbitration within 5.10the time provided by the collective bargaining agreement. Final disposition includes 5.11a resignation by an individual when the resignation occurs after the final decision of 5.12the government entity, or arbitrator. new text begin In the case of arbitration proceedings arising under new text end 5.13 new text begin collective bargaining agreements, a final disposition occurs at the conclusion of the new text end 5.14 new text begin arbitration proceedings, or upon the failure of the employee to elect arbitration within the new text end 5.15 new text begin time provided by the collective bargaining agreement. A disciplinary action does not new text end 5.16 new text begin become public data if an arbitrator sustains a grievance and reverses all aspects of any new text end 5.17 new text begin disciplinary action. new text end 5.18    (c) The government entity may display a photograph of a current or former employee 5.19to a prospective witness as part of the government entity's investigation of any complaint 5.20or charge against the employee. 5.21    (d) A complainant has access to a statement provided by the complainant to a 5.22government entity in connection with a complaint or charge against an employee. 5.23    (e) Notwithstanding paragraph (a), clause (5), upon completion of an investigation 5.24of a complaint or charge against a public official, or if a public official resigns or is 5.25terminated from employment while the complaint or charge is pending, all data relating to 5.26the complaint or charge are public, unless access to the data would jeopardize an active 5.27investigation or reveal confidential sources. For purposes of this paragraph, "public 5.28official" means: 5.29    (1) the head of a state agency and deputy and assistant state agency heads; 5.30    (2) members of boards or commissions required by law to be appointed by the 5.31governor or other elective officers; and 5.32    (3) executive or administrative heads of departments, bureaus, divisions, or 5.33institutions within state government. 5.34    Sec. 5. Minnesota Statutes 2009 Supplement, section 13.64, is amended to read: 6.113.64 DEPARTMENT OF new text begin ADMINISTRATION; new text end MANAGEMENT AND 6.2BUDGET DATA. 6.3     new text begin Subdivision 1. new text end new text begin Department of Management and Budget. new text end (a) Notes and 6.4preliminary drafts of reports created, collected, or maintained by the Management Analysis 6.5Division, Department of Management and Budget, and prepared during management 6.6studies, audits, reviews, consultations, or investigations are classified as confidential or 6.7protected nonpublic data until the final report has been published or preparation of the 6.8report is no longer being actively pursued. 6.9(b) Data that support the conclusions of the report and that the commissioner of 6.10management and budget reasonably believes will result in litigation are confidential or 6.11protected nonpublic until the litigation has been completed or until the litigation is no 6.12longer being actively pursued. 6.13(c) Data on individuals that could reasonably be used to determine the identity of an 6.14individual supplying data for a report are private if: 6.15(1) the data supplied by the individual were needed for a report; and 6.16(2) the data would not have been provided to the Management Analysis Division 6.17without an assurance to the individual that the individual's identity would remain private, 6.18or the Management Analysis Division reasonably believes that the individual would not 6.19have provided the data. 6.20     new text begin Subd. 2. new text end new text begin Department of Administration. new text end new text begin Security features of building new text end 6.21 new text begin plans, building specifications, and building drawings of state-owned facilities and new text end 6.22 new text begin nonstate-owned facilities leased by the state are classified as nonpublic data when new text end 6.23 new text begin maintained by the Department of Administration and may be shared with anyone as new text end 6.24 new text begin needed to perform duties of the commissioner. new text end 6.25    Sec. 6. Minnesota Statutes 2008, section 13.792, is amended to read: 6.2613.792 PRIVATE DONOR GIFT DATA. 6.27The following data maintained by the Minnesota Zoological Garden, the University 6.28of Minnesota, the Minnesota State Colleges and Universities, new text begin the Regional Parks new text end 6.29 new text begin Foundation of the Twin Cities, State Services for the Blind, new text end and any related entity subject 6.30to chapter 13 are classified as private or nonpublic: 6.31(1) research information about prospects and donors gathered to aid in determining 6.32appropriateness of solicitation and level of gift request; 6.33(2) specific data in prospect lists that would identify prospects to be solicited, dollar 6.34amounts to be requested, and name of solicitor; 7.1(3) portions of solicitation letters and proposals that identify the prospect being 7.2solicited and the dollar amount being requested; 7.3(4) letters, pledge cards, and other responses received from donors regarding 7.4prospective gifts in response to solicitations; 7.5(5) portions of thank-you letters and other gift acknowledgment communications 7.6that would identify the name of the donor and the specific amount of the gift, pledge, 7.7or pledge payment; 7.8(6) donor financial or estate planning information, or portions of memoranda, letters, 7.9or other documents commenting on any donor's financial circumstances; and 7.10(7) data detailing dates of gifts, payment schedule of gifts, form of gifts, and specific 7.11gift amounts made by donors. 7.12Names of donors and gift ranges are public data. 7.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 7.14    Sec. 7. Minnesota Statutes 2008, section 13.87, is amended by adding a subdivision to 7.15read: 7.16     new text begin Subd. 5. new text end new text begin Parole and probation authority access to records. new text end new text begin Parole and county new text end 7.17 new text begin probation authorities may access data identified in subdivision 2 on an applicant or permit new text end 7.18 new text begin holder who is subject to the supervision of that parole or county probation authority. new text end 7.19    Sec. 8. Minnesota Statutes 2008, section 13D.05, subdivision 3, is amended to read: 7.20    Subd. 3. What meetings may be closed. (a) A public body may close a meeting 7.21to evaluate the performance of an individual who is subject to its authority. The public 7.22body shall identify the individual to be evaluated prior to closing a meeting. At its next 7.23open meeting, the public body shall summarize its conclusions regarding the evaluation. 7.24A meeting must be open at the request of the individual who is the subject of the meeting. 7.25(b) Meetings may be closed if the closure is expressly authorized by statute or 7.26permitted by the attorney-client privilege. 7.27(c) A public body may close a meeting: 7.28(1) to determine the asking price for real or personal property to be sold by the 7.29government entity; 7.30(2) to review confidential or new text begin protected new text end nonpublic appraisal data under section 13.44, 7.31subdivision 3 ; and 7.32(3) to develop or consider offers or counteroffers for the purchase or sale of real or 7.33personal property. 8.1Before holding a closed meeting under this paragraph, the public body must identify 8.2on the record the particular real or personal property that is the subject of the closed 8.3meeting. The proceedings of a meeting closed under this paragraph must be tape recorded 8.4at the expense of the public body. The recording must be preserved for eight years after 8.5the date of the meeting and made available to the public after all real or personal property 8.6discussed at the meeting has been purchased or sold or the governing body has abandoned 8.7the purchase or sale. The real or personal property that is the subject of the closed meeting 8.8must be specifically identified on the tape. A list of members and all other persons present 8.9at the closed meeting must be made available to the public after the closed meeting. If an 8.10action is brought claiming that public business other than discussions allowed under this 8.11paragraph was transacted at a closed meeting held under this paragraph during the time 8.12when the tape is not available to the public, section 13D.03, subdivision 3, applies. 8.13An agreement reached that is based on an offer considered at a closed meeting is 8.14contingent on approval of the public body at an open meeting. The actual purchase or 8.15sale must be approved at an open meeting after the notice period required by statute or the 8.16governing body's internal procedures, and the purchase price or sale price is public data. 8.17(d) Meetings may be closed to receive security briefings and reports, to discuss issues 8.18related to security systems, to discuss emergency response procedures and to discuss 8.19security deficiencies in or recommendations regarding public services, infrastructure and 8.20facilities, if disclosure of the information discussed would pose a danger to public safety or 8.21compromise security procedures or responses. Financial issues related to security matters 8.22must be discussed and all related financial decisions must be made at an open meeting. 8.23Before closing a meeting under this paragraph, the public body, in describing the subject to 8.24be discussed, must refer to the facilities, systems, procedures, services, or infrastructures 8.25to be considered during the closed meeting. A closed meeting must be tape recorded at the 8.26expense of the governing body, and the recording must be preserved for at least four years. 8.27    Sec. 9. Minnesota Statutes 2008, section 16B.97, is amended by adding a subdivision 8.28to read: 8.29     new text begin Subd. 5. new text end new text begin Data classification. new text end new text begin Data maintained by the commissioner that identify new text end 8.30 new text begin a person providing comments to the commissioner under subdivision 4, paragraph (a), new text end 8.31 new text begin clauses (6) and (7), are private and nonpublic data but may be shared with the executive new text end 8.32 new text begin agency that is the subject of the comments. new text end 8.33    Sec. 10. Minnesota Statutes 2008, section 125A.21, subdivision 5, is amended to read: 9.1    Subd. 5. Informed consent. When obtaining informed consent, consistent with 9.2sections 13.05, subdivision 4, paragraph (d) new text begin 4a new text end ; and 256B.77, subdivision 2, paragraph 9.3(p), to bill health plans for covered services, the school district must notify the legal 9.4representative (1) that the cost of the person's private health insurance premium 9.5may increase due to providing the covered service in the school setting, (2) that the 9.6school district may pay certain enrollee health plan costs, including but not limited to, 9.7co-payments, coinsurance, deductibles, premium increases or other enrollee cost-sharing 9.8amounts for health and related services required by an individual service plan, or individual 9.9family service plan, and (3) that the school's billing for each type of covered service may 9.10affect service limits and prior authorization thresholds. The informed consent may be 9.11revoked in writing at any time by the person authorizing the billing of the health plan. 9.12    Sec. 11. Minnesota Statutes 2008, section 179A.04, subdivision 3, is amended to read: 9.13    Subd. 3. Other duties. (a) The commissioner shall: 9.14    (1) provide mediation services as requested by the parties until the parties reach 9.15agreement, and may continue to assist parties after they have submitted their final 9.16positions for interest arbitration; 9.17    (2) issue notices, subpoenas, and orders required by law to carry out duties under 9.18sections 179A.01 to 179A.25; 9.19    (3) assist the parties in formulating petitions, notices, and other papers required to 9.20be filed with the commissioner; 9.21    (4) conduct elections; 9.22    (5) certify the final results of any election or other voting procedure conducted 9.23under sections 179A.01 to 179A.25; 9.24    (6) adopt rules relating to the administration of this chapter and the conduct of 9.25hearings and elections; 9.26    (7) receive, catalogue, file, and make available to the public all decisions of 9.27arbitrators and panels authorized by sections 179A.01 to 179A.25, all grievance arbitration 9.28decisions new text begin to the extent the decision is public under section 13.43, subdivision 2, paragraph new text end 9.29 new text begin (b) new text end , and the commissioner's orders and decisions; 9.30    (8) adopt, subject to chapter 14, a grievance procedure that fulfills the purposes of 9.31section 179A.20, subdivision 4, that is available to any employee in a unit not covered by 9.32a contractual grievance procedure; 9.33    (9) maintain a schedule of state employee classifications or positions assigned to 9.34each unit established in section 179A.10, subdivision 2; 10.1    (10) collect fees established by rule for empanelment of persons on the labor 10.2arbitrator roster maintained by the commissioner or in conjunction with fair share fee 10.3challenges. Arbitrator application fees will be $100 per year for initial applications and 10.4renewals effective July 1, 2007; 10.5    (11) provide technical support and assistance to voluntary joint labor-management 10.6committees established for the purpose of improving relationships between exclusive 10.7representatives and employers, at the discretion of the commissioner; 10.8    (12) provide to the parties a list of arbitrators as required by section 179A.16, 10.9subdivision 4 ; and 10.10    (13) maintain a list of up to 60 arbitrators for referral to employers and exclusive 10.11representatives for the resolution of grievance or interest disputes. Each person on the 10.12list must be knowledgeable about collective bargaining and labor relations in the public 10.13sector, well versed in state and federal labor law, and experienced in and knowledgeable 10.14about labor arbitration. To the extent practicable, the commissioner shall appoint members 10.15to the list so that the list is gender and racially diverse. 10.16    (b) From the names provided by representative organizations, the commissioner 10.17shall maintain a list of arbitrators to conduct teacher discharge or termination hearings 10.18according to section 122A.40 or 122A.41. The persons on the list must meet at least 10.19one of the following requirements: 10.20    (1) be a former or retired judge; 10.21    (2) be a qualified arbitrator on the list maintained by the bureau; 10.22    (3) be a present, former, or retired administrative law judge; or 10.23    (4) be a neutral individual who is learned in the law and admitted to practice in 10.24Minnesota, who is qualified by experience to conduct these hearings, and who is without 10.25bias to either party. 10.26Each year, education Minnesota shall provide a list of up to 14 names and the Minnesota 10.27School Boards Association a list of up to 14 names of persons to be on the list. The 10.28commissioner may adopt rules about maintaining and updating the list. 10.29 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2010, and applies to new text end 10.30 new text begin decisions issued on or after that date. new text end 10.31    Sec. 12. new text begin REPEALER. new text end 10.32 new text begin (a) new text end new text begin Minnesota Statutes 2008, section 13.06, subdivision 2, new text end new text begin is repealed. new text end 10.33 new text begin (b) new text end new text begin Minnesota Rules, part 1205.1800, new text end new text begin is repealed. new text end 11.1ARTICLE 2 11.2TEMPORARY CLASSIFICATIONS 11.3    Section 1. Minnesota Statutes 2008, section 13.06, subdivision 1, is amended to read: 11.4    Subdivision 1. Application to commissioner. (a) Notwithstanding the provisions 11.5of section 13.03, the responsible authority of a government entity may apply to the 11.6commissioner for permission to classify data or types of data on individuals as private 11.7or confidential, or data not on individuals as nonpublic or protected nonpublic, for its 11.8own use and for the use of other similar government entities on a temporary basis until 11.9a proposed statute can be acted upon by the legislature. The application for temporary 11.10classification is public. 11.11(b) Upon the filing new text begin receipt by the commissioner new text end of an application for temporary 11.12classification, the data which is the subject of the application shall be deemed to be 11.13classified as set forth in the application for a period of 45 days, or until the application is 11.14disapproved, rejected, or granted by the commissioner, whichever is earlier. 11.15(c) If the commissioner determines that an application has been submitted for 11.16purposes not consistent with this section, the commissioner may immediately reject the 11.17application, give notice of that rejection to the applicant, and return the application. When 11.18the applicant receives the notice of rejection from the commissioner, the data which was 11.19the subject of the application shall have the classification it had before the application was 11.20submitted to the commissioner. 11.21    Sec. 2. Minnesota Statutes 2008, section 13.06, subdivision 3, is amended to read: 11.22    Subd. 3. Contents of application for nonpublic or nonpublic protected data. 11.23An application for temporary classification of government data not on individuals shall 11.24include and the applicant shall have the burden of clearly establishing that no statute 11.25currently exists which either allows or forbids classification as nonpublic or protected 11.26nonpublic new text begin not public new text end ; and either new text begin one or more of the following: new text end 11.27(1) that data similar to that for which the temporary classification is sought has new text begin have new text end 11.28been treated new text begin classified new text end as nonpublic or protected nonpublic new text begin not public new text end by other government 11.29entities, and by the public; or 11.30(2) public access to the data would render unworkable a program authorized by 11.31law; or new text begin . new text end 11.32(3) new text begin The applicant must also clearly establish new text end that a compelling need exists for 11.33immediate temporary classification, which if not granted could adversely affect the health, 11.34safety or welfare of the public new text begin , or the data subject's well-being or reputation new text end . 12.1    Sec. 3. Minnesota Statutes 2008, section 13.06, subdivision 4, is amended to read: 12.2    Subd. 4. Procedure when classification affects others. If the commissioner 12.3determines that an application for temporary classification involves data which would 12.4reasonably be classified in the same manner by all government entities similar to the 12.5one which made the application, the commissioner may approve or disapprove the 12.6classification for data of the kind which is the subject of the application for the use 12.7of all government entities similar to the applicant. new text begin If requested in the application, the new text end 12.8 new text begin commissioner may also determine that the data classification affects similar government new text end 12.9 new text begin entities. new text end On deeming this approach advisable, the commissioner shall provide notice of 12.10the proposed action by publication in the State Register within ten new text begin 15 new text end days of receiving the 12.11application. Within 30 days after publication in the State Register an affected government 12.12entity or the public may submit comments on the commissioner's proposal new text begin application new text end . 12.13The commissioner shall consider any comments received when granting or denying a 12.14classification for data of the kind which is the subject of the application, for the use of all 12.15government entities similar to the applicant. Within 45 days after the close of the period 12.16for submitting comment, the commissioner shall grant or disapprove the application. 12.17Applications processed under this subdivision shall be either approved or disapproved 12.18by the commissioner within 90 days of the receipt of the application. For purposes of 12.19subdivision 1, the data which is the subject of the classification shall be deemed to be 12.20classified as set forth in the application for a period of 90 days, or until the application 12.21is disapproved or granted by the commissioner, whichever is earlier. If requested in the 12.22application, or determined to be necessary by the commissioner, the data in the application 12.23shall be so classified for all government entities similar to the applicant until the application 12.24is disapproved or granted by the commissioner, whichever is earlier. Proceedings after the 12.25grant or disapproval shall be governed by the provisions of subdivision 5. 12.26    Sec. 4. Minnesota Statutes 2008, section 13.06, is amended by adding a subdivision to 12.27read: 12.28     new text begin Subd. 4a. new text end new text begin Withdrawal of application. new text end new text begin Except when an application is processed new text end 12.29 new text begin under subdivision 4, an application may be withdrawn by the responsible authority prior to new text end 12.30 new text begin the commissioner granting or disapproving the temporary classification. The responsible new text end 12.31 new text begin authority shall notify the commissioner in writing of the entity's intent to withdraw the new text end 12.32 new text begin application. The written withdrawal must state the reason the temporary classification is new text end 12.33 new text begin no longer necessary and must be signed by the responsible authority. new text end 12.34    Sec. 5. Minnesota Statutes 2008, section 13.06, subdivision 5, is amended to read: 13.1    Subd. 5. Determination. (a) The commissioner shall either grant or disapprove 13.2the application for temporary classification within 45 days after it is filed new text begin received by new text end 13.3 new text begin the commissioner new text end . On disapproving an application, the commissioner shall set forth 13.4in detail reasons for the disapproval, and shall include a statement of belief as to what 13.5classification is appropriate for the data which is the subject of the application. Twenty 13.6days after the date of new text begin the responsible authority receives new text end the commissioner's disapproval 13.7of an application, the data which is the subject of the application shall become public 13.8data, unless the responsible authority submits an amended application for temporary 13.9classification which requests the classification deemed appropriate by the commissioner 13.10in the statement of disapproval or which sets forth additional information relating to the 13.11original proposed classification. Upon the filing of an amended application, the data 13.12which is the subject of the amended application shall be deemed to be classified as set 13.13forth in the amended application for a period of 20 days or until the amended application 13.14is granted or disapproved by the commissioner, whichever is earlier. The commissioner 13.15shall either grant or disapprove the amended application within 20 days after it is filed. 13.16Five working days after the date of new text begin the responsible authority receives new text end the commissioner's 13.17disapproval of the amended application, the data which is the subject of the application 13.18shall become public data. No more than one amended application may be submitted for 13.19any single file or system. 13.20(b) If the commissioner grants an application for temporary classification new text begin under this new text end 13.21 new text begin section new text end , it shall become effective immediately, and the complete record relating to the 13.22application shall be submitted to the attorney general, who shall review the classification 13.23as to form and legality. Within 25 days new text begin after receipt of the record new text end , the attorney general 13.24shall approve the classification, disapprove a classification as confidential new text begin or protected new text end 13.25 new text begin nonpublic new text end but approve a classification as private new text begin or nonpublic new text end , or disapprove the 13.26classification. If the attorney general disapproves a classification, the data which is the 13.27subject of the classification shall become public data five working days after the date of 13.28the attorney general's disapproval. 13.29    Sec. 6. Minnesota Statutes 2008, section 13.06, is amended by adding a subdivision to 13.30read: 13.31     new text begin Subd. 6a. new text end new text begin Data use and dissemination. new text end new text begin During the period of the temporary new text end 13.32 new text begin classification, a responsible authority may request approval from the commissioner for a new text end 13.33 new text begin new or different use or dissemination of the data as provided in section 13.05, subdivision new text end 13.34 new text begin 4, for any data temporarily classified under this section. new text end 14.1    Sec. 7. Minnesota Statutes 2008, section 13.06, subdivision 7, is amended to read: 14.2    Subd. 7. Legislative consideration of temporary classifications; expiration. 14.3On or before January 15 of each year, the commissioner shall submit all temporary 14.4classifications in effect on January 1 in bill form to the legislature. The temporary 14.5classification expires June new text begin August new text end 1 of the year following its submission to the legislature." 14.6Delete the title and insert: 14.7"A bill for an act 14.8relating to data practices; classifying government data; requiring informed 14.9consent; amending definitions; allowing disclosure of certain data; authorizing 14.10access to certain records; making technical changes; modifying provisions 14.11governing temporary classifications and personnel data;amending Minnesota 14.12Statutes 2008, sections 13.05, subdivision 4, by adding a subdivision; 13.06, 14.13subdivisions 1, 3, 4, 5, 7, by adding subdivisions; 13.43, subdivisions 1, 14.142; 13.792; 13.87, by adding a subdivision; 13D.05, subdivision 3; 16B.97, 14.15by adding a subdivision; 125A.21, subdivision 5; 179A.04, subdivision 3; 14.16Minnesota Statutes 2009 Supplement, section 13.64; repealing Minnesota 14.17Statutes 2008, section 13.06, subdivision 2; Minnesota Rules, part 1205.1800." 15.1 We request the adoption of this report and repassage of the bill. 15.2 Senate Conferees: 15.3 ..... ..... 15.4 Mary Olson Warren Limmer 15.5 ..... 15.6 Mee Moua 15.7 House Conferees: 15.8 ..... ..... 15.9 Joe Mullery Sheldon Johnson 15.10 ..... 15.11 Mary Liz Holberg