SF 1143

CCR--SF1143D - 87th Legislature (2011 - 2012)

Posted on 01/15/2013 08:29 p.m.

1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 1143 1.2A bill for an act 1.3relating to state government; classifying and authorizing sharing of data; making 1.4technical changes to data practices;amending Minnesota Statutes 2010, sections 1.513.02, subdivisions 3, 4, 8a, 9, 12, 13, 14, 15; 13.10, subdivision 1; 13.201; 1.613.202, subdivision 3; 13.35; 13.3805, subdivisions 1, 2; 13.384, subdivision 1; 1.713.39, subdivision 2; 13.392, subdivision 1; 13.393; 13.40, subdivision 1; 13.41, 1.8subdivision 2; 13.44, subdivision 3; 13.46, subdivisions 2, 3, 4, 5, 6; 13.462, 1.9subdivision 1; 13.467, subdivision 1; 13.47, subdivision 1; 13.485, by adding 1.10subdivisions; 13.495; 13.51, subdivisions 1, 2; 13.52; 13.548; 13.55, subdivision 1.111; 13.585, subdivisions 2, 3, 4; 13.59, subdivisions 1, 2, 3; 13.591, subdivision 4; 1.1213.601, subdivision 3; 13.643, subdivisions 1, 2, 3, 5, 6, 7; 13.6435, by adding a 1.13subdivision; 13.65, subdivisions 1, 2, 3; 13.67; 13.679, subdivisions 1, 2; 13.714; 1.1413.719, subdivisions 1, 5; 13.7191, subdivisions 14, 18; 13.72, subdivisions 1.157, 11, by adding subdivisions; 13.792; 13.7932; 13.82, subdivisions 2, 3, 6, 1.167; 13.83, subdivisions 2, 4, 6; 13.861, subdivision 1; 13.87, subdivisions 1, 2; 1.1779A.16; 79A.28; 216C.266; 237.701, subdivision 1; proposing coding for new 1.18law in Minnesota Statutes, chapter 13D. 1.19May 3, 2012 1.20The Honorable Michelle L. Fischbach 1.21President of the Senate 1.22The Honorable Kurt Zellers 1.23Speaker of the House of Representatives 1.24We, the undersigned conferees for S.F. No. 1143 report that we have agreed upon 1.25the items in dispute and recommend as follows: 1.26That the House recede from its amendments and that S.F. No. 1143 be further 1.27amended as follows: 1.28Delete everything after the enacting clause and insert: 1.29    "Section 1. Minnesota Statutes 2010, section 13.02, subdivision 3, is amended to read: 1.30    Subd. 3. Confidential data on individuals. "Confidential data on individuals" 1.31means new text begin are new text end data which is made not public by statute or federal law applicable to the data 1.32and is new text begin are new text end inaccessible to the individual subject of that new text begin those new text end data. 1.33    Sec. 2. Minnesota Statutes 2010, section 13.02, subdivision 4, is amended to read: 2.1    Subd. 4. Data not on individuals. "Data not on individuals" means new text begin are new text end all 2.2government data which is new text begin that are new text end not data on individuals. 2.3    Sec. 3. Minnesota Statutes 2010, section 13.02, subdivision 8a, is amended to read: 2.4    Subd. 8a. Not public data. "Not public data" means new text begin are new text end any government data which 2.5is classified by statute, federal law, or temporary classification as confidential, private, 2.6nonpublic, or protected nonpublic. 2.7    Sec. 4. Minnesota Statutes 2010, section 13.02, subdivision 9, is amended to read: 2.8    Subd. 9. Nonpublic data. "Nonpublic data" means new text begin are new text end data not on individuals that 2.9is made by statute or federal law applicable to the data: (a) not accessible to the public; 2.10and (b) accessible to the subject, if any, of the data. 2.11    Sec. 5. Minnesota Statutes 2010, section 13.02, subdivision 12, is amended to read: 2.12    Subd. 12. Private data on individuals. "Private data on individuals" means new text begin are new text end 2.13data which is made by statute or federal law applicable to the data: (a) not public; and 2.14(b) accessible to the individual subject of that new text begin those new text end data. 2.15    Sec. 6. Minnesota Statutes 2010, section 13.02, subdivision 13, is amended to read: 2.16    Subd. 13. Protected nonpublic data. "Protected nonpublic data" means new text begin are new text end data 2.17not on individuals which is made by statute or federal law applicable to the data (a) not 2.18public and (b) not accessible to the subject of the data. 2.19    Sec. 7. Minnesota Statutes 2010, section 13.02, subdivision 14, is amended to read: 2.20    Subd. 14. Public data not on individuals. "Public data not on individuals" means new text begin new text end 2.21 new text begin are new text end data which is accessible to the public pursuant to section 13.03. 2.22    Sec. 8. Minnesota Statutes 2010, section 13.02, subdivision 15, is amended to read: 2.23    Subd. 15. Public data on individuals. "Public data on individuals" means new text begin are new text end data 2.24which is accessible to the public in accordance with the provisions of section 13.03. 2.25    Sec. 9. Minnesota Statutes 2010, section 13.02, subdivision 16, is amended to read: 2.26    Subd. 16. Responsible authority. new text begin (a) new text end "Responsible authority" in a state agency or 2.27statewide system means the state official designated by law or by the commissioner as 2.28the individual responsible for the collection, use and dissemination of any set of data on 2.29individuals, government data, or summary data. 3.1 new text begin (b) new text end "Responsible authority" in any political subdivision means the individual 3.2designated by the governing body of that political subdivision as the individual responsible 3.3for the collection, use, and dissemination of any set of data on individuals, government 3.4data, or summary data, unless otherwise provided by state law. new text begin Until an individual is new text end 3.5 new text begin designated by the political subdivision's governing body, the responsible authority is: new text end 3.6 new text begin (1) for counties, the county coordinator or administrator. If the county does not new text end 3.7 new text begin employ a coordinator or administrator, the responsible authority is the county auditor; new text end 3.8 new text begin (2) for statutory or home rule charter cities, the elected or appointed city clerk. If the new text end 3.9 new text begin home rule charter does not provide for an office of city clerk, the responsible authority is new text end 3.10 new text begin the chief clerical officer for filing and record keeping purposes; new text end 3.11 new text begin (3) for school districts, the superintendent; and new text end 3.12 new text begin (4) for all other political subdivisions, the chief clerical officer for filing and record new text end 3.13 new text begin keeping purposes. new text end 3.14    Sec. 10. new text begin [13.025] GOVERNMENT ENTITY OBLIGATION. new text end 3.15     new text begin Subdivision 1. new text end new text begin Data inventory. new text end new text begin The responsible authority shall prepare an inventory new text end 3.16 new text begin containing the authority's name, title, address, and a description of each category of record, new text end 3.17 new text begin file, or process relating to private or confidential data on individuals maintained by the new text end 3.18 new text begin authority's government entity. Forms used to collect private and confidential data may be new text end 3.19 new text begin included in the inventory. The responsible authority shall update the inventory annually new text end 3.20 new text begin and make any changes necessary to maintain the accuracy of the inventory. The inventory new text end 3.21 new text begin must be available from the responsible authority to the public according to the provisions new text end 3.22 new text begin of sections 13.03 and 15.17. The commissioner may require responsible authorities to new text end 3.23 new text begin submit copies of the inventory and may request additional information relevant to data new text end 3.24 new text begin collection practices, policies, and procedures. new text end 3.25     new text begin Subd. 2. new text end new text begin Public data access policy. new text end new text begin The responsible authority shall prepare a new text end 3.26 new text begin written data access policy and update it no later than August 1 of each year, and at any new text end 3.27 new text begin other time as necessary to reflect changes in personnel, procedures, or other circumstances new text end 3.28 new text begin that impact the public's ability to access data. new text end 3.29     new text begin Subd. 3. new text end new text begin Data subject rights and access policy. new text end new text begin The responsible authority shall new text end 3.30 new text begin prepare a written policy of the rights of data subjects under section 13.04 and the specific new text end 3.31 new text begin procedures used by the government entity for access by the data subject to public or new text end 3.32 new text begin private data on individuals. The written policy must be updated no later than August 1 of new text end 3.33 new text begin each year, and at any other time as necessary to reflect changes in personnel, procedures, new text end 3.34 new text begin or other circumstances that impact the public's ability to access data. new text end 4.1     new text begin Subd. 4. new text end new text begin Availability. new text end new text begin The responsible authority shall make copies of the policies new text end 4.2 new text begin required under subdivisions 2 and 3 easily available to the public by distributing free copies new text end 4.3 new text begin to the public or by posting the policies in a conspicuous place within the government entity new text end 4.4 new text begin that is easily accessible to the public or by posting it on the government entity's Web site. new text end 4.5    Sec. 11. Minnesota Statutes 2010, section 13.03, subdivision 2, is amended to read: 4.6    Subd. 2. Procedures. (a) The responsible authority in every government entity shall 4.7establish procedures, consistent with this chapter, to insure that requests for government 4.8data are received and complied with in an appropriate and prompt manner. 4.9(b) The responsible authority shall prepare public access procedures in written form 4.10and update them no later than August 1 of each year as necessary to reflect any changes 4.11in personnel or circumstances that might affect public access to government data. The 4.12responsible authority shall make copies of the written public access procedures easily 4.13available to the public by distributing free copies of the procedures to the public or by 4.14posting a copy of the procedures in a conspicuous place within the government entity that 4.15is easily accessible to the public. 4.16(c) new text begin (b) new text end Full convenience and comprehensive accessibility shall be allowed to 4.17researchers including historians, genealogists and other scholars to carry out extensive 4.18research and complete copying of all records containing government data except as 4.19otherwise expressly provided by law. 4.20A responsible authority may designate one or more designees. 4.21    Sec. 12. Minnesota Statutes 2010, section 13.03, subdivision 4, is amended to read: 4.22    Subd. 4. Change in classification of data; effect of dissemination among 4.23agencies. (a) The classification of new text begin a government entity's new text end data in the possession of an entity 4.24shall change if it is required to do so to comply with either judicial or administrative rules 4.25pertaining to the conduct of legal actions or with a specific statute applicable to the data 4.26in the possession of the disseminating or receiving entity. 4.27    (b) If data on individuals is new text begin are new text end classified as both private and confidential by this 4.28chapter, or any other statute or federal law, the data is new text begin are new text end private. 4.29    (c) To the extent that government data is new text begin are new text end disseminated to a government entity 4.30by another government entity, the data disseminated shall have the same classification 4.31in the hands of new text begin at new text end the entity receiving it new text begin them new text end as it new text begin they new text end had in the hands of new text begin at new text end the entity 4.32providing it new text begin them new text end . 5.1    (d) If a government entity disseminates data to another government entity, a 5.2classification provided for by law in the hands of new text begin at new text end the entity receiving the data does not 5.3affect the classification of the data in the hands of new text begin at new text end the entity that disseminates the data. 5.4    (e) To the extent that judicial branch data is new text begin are new text end disseminated to government entities 5.5by the judicial branch, the data disseminated shall have the same level of accessibility 5.6in the hands of the agency new text begin at the government entity new text end receiving it new text begin them new text end as it new text begin they new text end had 5.7in the hands of new text begin at new text end the judicial branch entity providing it new text begin them. If the data have a specific new text end 5.8 new text begin classification in state statute or federal law, the government entity must maintain the new text end 5.9 new text begin data according to the specific classification new text end . 5.10    Sec. 13. Minnesota Statutes 2010, section 13.072, subdivision 2, is amended to read: 5.11    Subd. 2. Effect. Opinions issued by the commissioner under this section are not 5.12binding on the government entity or members of a body subject to chapter 13D whose 5.13data or performance of duties is the subject of the opinion, but an opinion described in 5.14subdivision 1, paragraph (a), must be given deference by a court or other tribunal in a 5.15proceeding involving the data. The commissioner shall arrange for public dissemination 5.16of opinions issued under this section new text begin , and shall indicate when the principles stated in new text end 5.17 new text begin an opinion are not intended to provide guidance to all similarly situated persons or new text end 5.18 new text begin government entities new text end . This section does not preclude a person from bringing any other 5.19action under this chapter or other law in addition to or instead of requesting a written 5.20opinion. A government entity, members of a body subject to chapter 13D, or person that 5.21acts in conformity with a written opinion of the commissioner issued to the government 5.22entity, members, or person or to another party is not liable for compensatory or exemplary 5.23damages or awards of attorneys fees in actions for violations arising under section 13.08 5.24or 13.085, or for a penalty under section 13.09 or for fines, awards of attorney fees, or 5.25any other penalty under chapter 13D. A member of a body subject to chapter 13D is not 5.26subject to forfeiture of office if the member was acting in reliance on an opinion. 5.27    Sec. 14. Minnesota Statutes 2010, section 13.10, subdivision 1, is amended to read: 5.28    Subdivision 1. Definitions. As used in this chapter: 5.29(a) "Confidential data on decedents" means new text begin are new text end data which, prior to the death of 5.30the data subject, were classified by statute, federal law, or temporary classification as 5.31confidential data. 5.32(b) "Private data on decedents" means new text begin are new text end data which, prior to the death of the data 5.33subject, were classified by statute, federal law, or temporary classification as private data. 6.1(c) "Representative of the decedent" means new text begin is new text end the personal representative of the 6.2estate of the decedent during the period of administration, or if no personal representative 6.3has been appointed or after discharge new text begin of the personal representative new text end , the surviving spouse, 6.4any child of the decedent, or, if there is no surviving spouse or children, the parents of 6.5the decedent. 6.6    Sec. 15. Minnesota Statutes 2010, section 13.202, subdivision 3, is amended to read: 6.7    Subd. 3. Hennepin County. (a) Data collected by the Hennepin Healthcare System, 6.8Inc. are governed under section 383B.17 new text begin 383B.917 new text end , subdivision 1. 6.9(b) Records of Hennepin County board meetings permitted to be closed under 6.10section 383B.217, subdivision 7, are classified under that subdivision. 6.11    Sec. 16. Minnesota Statutes 2010, section 13.37, subdivision 1, is amended to read: 6.12    Subdivision 1. Definitions. As used in this section, the following terms have the 6.13meanings given them. 6.14(a) "Security information" means government data the disclosure of which new text begin the new text end 6.15 new text begin responsible authority determines new text end would be likely to substantially jeopardize the security of 6.16information, possessions, individuals or property against theft, tampering, improper use, 6.17attempted escape, illegal disclosure, trespass, or physical injury. "Security information" 6.18includes crime prevention block maps and lists of volunteers who participate in community 6.19crime prevention programs and their home addresses and telephone numbers. 6.20(b) "Trade secret information" means government data, including a formula, pattern, 6.21compilation, program, device, method, technique or process (1) that was supplied by the 6.22affected individual or organization, (2) that is the subject of efforts by the individual or 6.23organization that are reasonable under the circumstances to maintain its secrecy, and (3) 6.24that derives independent economic value, actual or potential, from not being generally 6.25known to, and not being readily ascertainable by proper means by, other persons who can 6.26obtain economic value from its disclosure or use. 6.27(c) "Labor relations information" means management positions on economic and 6.28noneconomic items that have not been presented during the collective bargaining process 6.29or interest arbitration, including information specifically collected or created to prepare 6.30the management position. 6.31(d) "Parking space leasing data" means the following government data on an 6.32applicant for, or lessee of, a parking space: residence address, home telephone number, 6.33beginning and ending work hours, place of employment, work telephone number, and 6.34location of the parking space. 7.1    Sec. 17. Minnesota Statutes 2010, section 13.37, subdivision 2, is amended to read: 7.2    Subd. 2. Classification. new text begin (a) new text end The following government data is classified as nonpublic 7.3data with regard to data not on individuals, pursuant to section 13.02, subdivision 9, and as 7.4private data with regard to data on individuals, pursuant to section 13.02, subdivision 12: 7.5Security information; trade secret information; sealed absentee ballots prior to opening 7.6by an election judge; sealed bids, including the number of bids received, prior to the 7.7opening of the bids; parking space leasing data; and labor relations information, provided 7.8that specific labor relations information which relates to a specific labor organization is 7.9classified as protected nonpublic data pursuant to section 13.02, subdivision 13. 7.10 new text begin (b) If a government entity denies a data request based on a determination that the new text end 7.11 new text begin data are security information, upon request, the government entity must provide a short new text end 7.12 new text begin description explaining the necessity for the classification. new text end 7.13    Sec. 18. Minnesota Statutes 2010, section 13.3805, subdivision 1, is amended to read: 7.14    Subdivision 1. Health data generally. (a) Definitions. As used in this subdivision: 7.15(1) "Commissioner" means the commissioner of health. 7.16(2) "Health data" means new text begin are new text end data on individuals created, collected, received, or 7.17maintained by the Department of Health, political subdivisions, or statewide systems 7.18relating to the identification, description, prevention, and control of disease or as part of 7.19an epidemiologic investigation the commissioner designates as necessary to analyze, 7.20describe, or protect the public health. 7.21(b) Data on individuals. (1) Health data are private data on individuals. 7.22Notwithstanding section 13.05, subdivision 9, health data may not be disclosed except as 7.23provided in this subdivision and section 13.04. 7.24(2) The commissioner or a local board of health as defined in section 145A.02, 7.25subdivision 2 , may disclose health data to the data subject's physician as necessary to locate 7.26or identify a case, carrier, or suspect case, to establish a diagnosis, to provide treatment, to 7.27identify persons at risk of illness, or to conduct an epidemiologic investigation. 7.28(3) With the approval of the commissioner, health data may be disclosed to the 7.29extent necessary to assist the commissioner to locate or identify a case, carrier, or suspect 7.30case, to alert persons who may be threatened by illness as evidenced by epidemiologic 7.31data, to control or prevent the spread of serious disease, or to diminish an imminent threat 7.32to the public health. 7.33(c) Health summary data. Summary data derived from data collected under section 7.34145.413 may be provided under section 13.05, subdivision 7. 8.1    Sec. 19. Minnesota Statutes 2010, section 13.384, subdivision 1, is amended to read: 8.2    Subdivision 1. Definition. As used in this section: 8.3    (a) "Directory information" means name of the patient, date admitted, and general 8.4condition. 8.5    (b) "Medical data" means new text begin are new text end data collected because an individual was or is a patient 8.6or client of a hospital, nursing home, medical center, clinic, health or nursing agency 8.7operated by a government entity including business and financial records, data provided 8.8by private health care facilities, and data provided by or about relatives of the individual. 8.9    Sec. 20. Minnesota Statutes 2010, section 13.39, is amended by adding a subdivision 8.10to read: 8.11     new text begin Subd. 4. new text end new text begin Exclusion. new text end new text begin This section does not apply when the sole issue or dispute is a new text end 8.12 new text begin government entity's timeliness in responding to a data request. new text end 8.13    Sec. 21. Minnesota Statutes 2010, section 13.43, subdivision 1, is amended to read: 8.14    Subdivision 1. Definition. As used in this section, "personnel data" means 8.15government data on individuals maintained because the individual is or was an employee 8.16of or an applicant for employment by, performs services on a voluntary basis for, or acts 8.17as an independent contractor with a government entity. Personnel data includes data 8.18submitted by an employee to a government entity as part of an organized self-evaluation 8.19effort by the government entity to request suggestions from all employees on ways to cut 8.20costs, make government more efficient, or improve the operation of government. An 8.21employee who is identified in a suggestion shall have access to all data in the suggestion 8.22except the identity of the employee making the suggestion. 8.23    Sec. 22. Minnesota Statutes 2010, section 13.43, is amended by adding a subdivision 8.24to read: 8.25     new text begin Subd. 7a. new text end new text begin Employee suggestion data. new text end new text begin Personnel data includes data submitted by new text end 8.26 new text begin an employee to a government entity as part of an organized self-evaluation effort by the new text end 8.27 new text begin government entity to request suggestions from all employees on ways to cut costs, make new text end 8.28 new text begin government more efficient, or improve the operation of government. An employee who is new text end 8.29 new text begin identified in a suggestion shall have access to all data in the suggestion except the identity new text end 8.30 new text begin of the employee making the suggestion. new text end 8.31    Sec. 23. Minnesota Statutes 2010, section 13.43, is amended by adding a subdivision 8.32to read: 9.1     new text begin Subd. 19. new text end new text begin Employee of contractor or subcontractor. new text end new text begin The following data new text end 9.2 new text begin maintained as a result of a contractual relationship entered on or after August 1, 2012, new text end 9.3 new text begin between a government entity and a contractor or subcontractor are private: the personal new text end 9.4 new text begin telephone number, home address, and e-mail address of a current or former employee new text end 9.5 new text begin of the contractor or subcontractor. A government entity maintaining data under this new text end 9.6 new text begin subdivision must share the data with another government entity to perform a function new text end 9.7 new text begin authorized by law. The data must be disclosed to a government entity or any person for new text end 9.8 new text begin prevailing wage purposes. new text end 9.9    Sec. 24. Minnesota Statutes 2010, section 13.44, subdivision 3, is amended to read: 9.10    Subd. 3. Real property; appraisal data. (a) Confidential or protected nonpublic 9.11data. Estimated or appraised values of individual parcels of real property that are made by 9.12personnel of a government entity or by independent appraisers acting for a government 9.13entity for the purpose of selling or acquiring land through purchase or condemnation are 9.14classified as confidential data on individuals or protected nonpublic data. 9.15    (b) Private or nonpublic data. Appraised values of individual parcels of real 9.16property that are made by appraisers working for fee owners or contract purchasers who 9.17have received an offer to purchase their property from a government entity are classified 9.18as private data on individuals or nonpublic data. 9.19    (c) Public data. The data made confidential or protected nonpublic under paragraph 9.20(a) or made private or nonpublic under paragraph (b) become public upon the occurrence 9.21of any of the following: 9.22    (1) the data are submitted to a court-appointed condemnation commissioner; 9.23    (2) the data are presented in court in condemnation proceedings; or 9.24    (3) the negotiating parties enter into an agreement for the purchase and sale of the 9.25property. 9.26 new text begin The data made confidential or protected nonpublic under paragraph (a) also new text end 9.27 new text begin become public at the discretion of the government entity, determined by majority vote new text end 9.28 new text begin of the entity's governing body, or, in the case of a state agency, as determined by the new text end 9.29 new text begin commissioner of the agency. new text end 9.30 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 9.31    Sec. 25. Minnesota Statutes 2010, section 13.46, subdivision 2, is amended to read: 9.32    Subd. 2. General. (a) Unless the data is summary data or a statute specifically 9.33provides a different classification, Data on individuals collected, maintained, used, or 10.1disseminated by the welfare system is new text begin are new text end private data on individuals, and shall not be 10.2disclosed except: 10.3    (1) according to section 13.05; 10.4    (2) according to court order; 10.5    (3) according to a statute specifically authorizing access to the private data; 10.6    (4) to an agent of the welfare system, including a law enforcement person, attorney, 10.7or investigator acting for it in the investigation or prosecution of a criminal or civil 10.8proceeding relating to the administration of a program; 10.9    (5) to personnel of the welfare system who require the data to verify an individual's 10.10identity; determine eligibility, amount of assistance, and the need to provide services to 10.11an individual or family across programs; evaluate the effectiveness of programs; assess 10.12parental contribution amounts; and investigate suspected fraud; 10.13    (6) to administer federal funds or programs; 10.14    (7) between personnel of the welfare system working in the same program; 10.15    (8) to the Department of Revenue to assess parental contribution amounts for 10.16purposes of section 252.27, subdivision 2a, administer and evaluate tax refund or tax credit 10.17programs and to identify individuals who may benefit from these programs. The following 10.18information may be disclosed under this paragraph: an individual's and their dependent's 10.19names, dates of birth, Social Security numbers, income, addresses, and other data as 10.20required, upon request by the Department of Revenue. Disclosures by the commissioner 10.21of revenue to the commissioner of human services for the purposes described in this clause 10.22are governed by section 270B.14, subdivision 1. Tax refund or tax credit programs include, 10.23but are not limited to, the dependent care credit under section 290.067, the Minnesota 10.24working family credit under section 290.0671, the property tax refund and rental credit 10.25under section 290A.04, and the Minnesota education credit under section 290.0674; 10.26    (9) between the Department of Human Services, the Department of Employment 10.27and Economic Development, and when applicable, the Department of Education, for 10.28the following purposes: 10.29    (i) to monitor the eligibility of the data subject for unemployment benefits, for any 10.30employment or training program administered, supervised, or certified by that agency; 10.31    (ii) to administer any rehabilitation program or child care assistance program, 10.32whether alone or in conjunction with the welfare system; 10.33    (iii) to monitor and evaluate the Minnesota family investment program or the child 10.34care assistance program by exchanging data on recipients and former recipients of food 10.35support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance 10.36under chapter 119B, or medical programs under chapter 256B, 256D, or 256L; and 11.1    (iv) to analyze public assistance employment services and program utilization, 11.2cost, effectiveness, and outcomes as implemented under the authority established in Title 11.3II, Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of 11.41999. Health records governed by sections 144.291 to 144.298 and "protected health 11.5information" as defined in Code of Federal Regulations, title 45, section 160.103, and 11.6governed by Code of Federal Regulations, title 45, parts 160-164, including health care 11.7claims utilization information, must not be exchanged under this clause; 11.8    (10) to appropriate parties in connection with an emergency if knowledge of 11.9the information is necessary to protect the health or safety of the individual or other 11.10individuals or persons; 11.11    (11) data maintained by residential programs as defined in section 245A.02 may 11.12be disclosed to the protection and advocacy system established in this state according 11.13to Part C of Public Law 98-527 to protect the legal and human rights of persons with 11.14developmental disabilities or other related conditions who live in residential facilities for 11.15these persons if the protection and advocacy system receives a complaint by or on behalf 11.16of that person and the person does not have a legal guardian or the state or a designee of 11.17the state is the legal guardian of the person; 11.18    (12) to the county medical examiner or the county coroner for identifying or locating 11.19relatives or friends of a deceased person; 11.20    (13) data on a child support obligor who makes payments to the public agency 11.21may be disclosed to the Minnesota Office of Higher Education to the extent necessary to 11.22determine eligibility under section 136A.121, subdivision 2, clause (5); 11.23    (14) participant Social Security numbers and names collected by the telephone 11.24assistance program may be disclosed to the Department of Revenue to conduct an 11.25electronic data match with the property tax refund database to determine eligibility under 11.26section 237.70, subdivision 4a; 11.27    (15) the current address of a Minnesota family investment program participant 11.28may be disclosed to law enforcement officers who provide the name of the participant 11.29and notify the agency that: 11.30    (i) the participant: 11.31    (A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after 11.32conviction, for a crime or attempt to commit a crime that is a felony under the laws of the 11.33jurisdiction from which the individual is fleeing; or 11.34    (B) is violating a condition of probation or parole imposed under state or federal law; 11.35    (ii) the location or apprehension of the felon is within the law enforcement officer's 11.36official duties; and 12.1    (iii) the request is made in writing and in the proper exercise of those duties; 12.2    (16) the current address of a recipient of general assistance or general assistance 12.3medical care may be disclosed to probation officers and corrections agents who are 12.4supervising the recipient and to law enforcement officers who are investigating the 12.5recipient in connection with a felony level offense; 12.6    (17) information obtained from food support applicant or recipient households may 12.7be disclosed to local, state, or federal law enforcement officials, upon their written request, 12.8for the purpose of investigating an alleged violation of the Food Stamp Act, according 12.9to Code of Federal Regulations, title 7, section 272.1 (c); 12.10    (18) the address, Social Security number, and, if available, photograph of any 12.11member of a household receiving food support shall be made available, on request, to a 12.12local, state, or federal law enforcement officer if the officer furnishes the agency with the 12.13name of the member and notifies the agency that: 12.14    (i) the member: 12.15    (A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a 12.16crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing; 12.17    (B) is violating a condition of probation or parole imposed under state or federal 12.18law; or 12.19    (C) has information that is necessary for the officer to conduct an official duty related 12.20to conduct described in subitem (A) or (B); 12.21    (ii) locating or apprehending the member is within the officer's official duties; and 12.22    (iii) the request is made in writing and in the proper exercise of the officer's official 12.23duty; 12.24    (19) the current address of a recipient of Minnesota family investment program, 12.25general assistance, general assistance medical care, or food support may be disclosed to 12.26law enforcement officers who, in writing, provide the name of the recipient and notify the 12.27agency that the recipient is a person required to register under section 243.166, but is not 12.28residing at the address at which the recipient is registered under section 243.166; 12.29    (20) certain information regarding child support obligors who are in arrears may be 12.30made public according to section 518A.74; 12.31    (21) data on child support payments made by a child support obligor and data on 12.32the distribution of those payments excluding identifying information on obligees may be 12.33disclosed to all obligees to whom the obligor owes support, and data on the enforcement 12.34actions undertaken by the public authority, the status of those actions, and data on the 12.35income of the obligor or obligee may be disclosed to the other party; 13.1    (22) data in the work reporting system may be disclosed under section 256.998, 13.2subdivision 7 ; 13.3    (23) to the Department of Education for the purpose of matching Department of 13.4Education student data with public assistance data to determine students eligible for free 13.5and reduced-price meals, meal supplements, and free milk according to United States 13.6Code, title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and 13.7state funds that are distributed based on income of the student's family; and to verify 13.8receipt of energy assistance for the telephone assistance plan; 13.9    (24) the current address and telephone number of program recipients and emergency 13.10contacts may be released to the commissioner of health or a local board of health as 13.11defined in section 145A.02, subdivision 2, when the commissioner or local board of health 13.12has reason to believe that a program recipient is a disease case, carrier, suspect case, or at 13.13risk of illness, and the data are necessary to locate the person; 13.14    (25) to other state agencies, statewide systems, and political subdivisions of this 13.15state, including the attorney general, and agencies of other states, interstate information 13.16networks, federal agencies, and other entities as required by federal regulation or law for 13.17the administration of the child support enforcement program; 13.18    (26) to personnel of public assistance programs as defined in section 256.741, for 13.19access to the child support system database for the purpose of administration, including 13.20monitoring and evaluation of those public assistance programs; 13.21    (27) to monitor and evaluate the Minnesota family investment program by 13.22exchanging data between the Departments of Human Services and Education, on 13.23recipients and former recipients of food support, cash assistance under chapter 256, 256D, 13.24256J, or 256K, child care assistance under chapter 119B, or medical programs under 13.25chapter 256B, 256D, or 256L; 13.26    (28) to evaluate child support program performance and to identify and prevent 13.27fraud in the child support program by exchanging data between the Department of Human 13.28Services, Department of Revenue under section 270B.14, subdivision 1, paragraphs (a) 13.29and (b), without regard to the limitation of use in paragraph (c), Department of Health, 13.30Department of Employment and Economic Development, and other state agencies as is 13.31reasonably necessary to perform these functions; 13.32    (29) counties operating child care assistance programs under chapter 119B may 13.33disseminate data on program participants, applicants, and providers to the commissioner 13.34of education; or 13.35(30) child support data on the parents and the child may be disclosed to agencies 13.36administering programs under titles IV-B and IV-E of the Social Security Act, as provided 14.1by federal law. Data may be disclosed only to the extent necessary for the purpose of 14.2establishing parentage or for determining who has or may have parental rights with respect 14.3to a child, which could be related to permanency planning. 14.4    (b) Information on persons who have been treated for drug or alcohol abuse may 14.5only be disclosed according to the requirements of Code of Federal Regulations, title 14.642, sections 2.1 to 2.67. 14.7    (c) Data provided to law enforcement agencies under paragraph (a), clause (15), 14.8(16), (17), or (18), or paragraph (b), are investigative data and are confidential or protected 14.9nonpublic while the investigation is active. The data are private after the investigation 14.10becomes inactive under section 13.82, subdivision 5, paragraph (a) or (b). 14.11    (d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but 14.12is new text begin are new text end not subject to the access provisions of subdivision 10, paragraph (b). 14.13    For the purposes of this subdivision, a request will be deemed to be made in writing 14.14if made through a computer interface system. 14.15    Sec. 26. Minnesota Statutes 2010, section 13.46, subdivision 3, is amended to read: 14.16    Subd. 3. Investigative data. (a) Data on persons, including data on vendors of 14.17services, licensees, and applicants that is collected, maintained, used, or disseminated 14.18by the welfare system in an investigation, authorized by statute, and relating to the 14.19enforcement of rules or law is new text begin are new text end confidential data on individuals pursuant to section 14.2013.02, subdivision 3 , or protected nonpublic data not on individuals pursuant to section 14.2113.02, subdivision 13 , and shall not be disclosed except: 14.22(1) pursuant to section 13.05; 14.23(2) pursuant to statute or valid court order; 14.24(3) to a party named in a civil or criminal proceeding, administrative or judicial, for 14.25preparation of defense; or 14.26(4) to provide notices required or permitted by statute. 14.27The data referred to in this subdivision shall be classified as public data upon 14.28its submission to an administrative law judge or court in an administrative or judicial 14.29proceeding. Inactive welfare investigative data shall be treated as provided in section 14.3013.39, subdivision 3 . 14.31(b) Notwithstanding any other provision in law, the commissioner of human services 14.32shall provide all active and inactive investigative data, including the name of the reporter 14.33of alleged maltreatment under section 626.556 or 626.557, to the ombudsman for mental 14.34health and developmental disabilities upon the request of the ombudsman. 15.1    Sec. 27. Minnesota Statutes 2010, section 13.46, subdivision 4, is amended to read: 15.2    Subd. 4. Licensing data. (a) As used in this subdivision: 15.3    (1) "licensing data" means new text begin are new text end all data collected, maintained, used, or disseminated 15.4by the welfare system pertaining to persons licensed or registered or who apply for 15.5licensure or registration or who formerly were licensed or registered under the authority 15.6of the commissioner of human services; 15.7    (2) "client" means a person who is receiving services from a licensee or from an 15.8applicant for licensure; and 15.9    (3) "personal and personal financial data" means new text begin are new text end Social Security numbers, 15.10identity of and letters of reference, insurance information, reports from the Bureau of 15.11Criminal Apprehension, health examination reports, and social/home studies. 15.12    (b)(1)Except as provided in paragraph (c), the following data on applicants, license 15.13holders, and former licensees are public: name, address, telephone number of licensees, 15.14date of receipt of a completed application, dates of licensure, licensed capacity, type of 15.15client preferred, variances granted, record of training and education in child care and child 15.16development, type of dwelling, name and relationship of other family members, previous 15.17license history, class of license, the existence and status of complaints, and the number 15.18of serious injuries to or deaths of individuals in the licensed program as reported to the 15.19commissioner of human services, the local social services agency, or any other county 15.20welfare agency. For purposes of this clause, a serious injury is one that is treated by a 15.21physician. 15.22When a correction order, an order to forfeit a fine, an order of license suspension, 15.23an order of temporary immediate suspension, an order of license revocation, an order 15.24of license denial, or an order of conditional license has been issued, or a complaint is 15.25resolved, the following data on current and former licensees and applicants are public: the 15.26substance and investigative findings of the licensing or maltreatment complaint, licensing 15.27violation, or substantiated maltreatment; the record of informal resolution of a licensing 15.28violation; orders of hearing; findings of fact; conclusions of law; specifications of the final 15.29correction order, fine, suspension, temporary immediate suspension, revocation, denial, or 15.30conditional license contained in the record of licensing action; whether a fine has been 15.31paid; and the status of any appeal of these actions. If a licensing sanction under section 15.32245A.07 , or a license denial under section 245A.05, is based on a determination that the 15.33license holder or applicant is responsible for maltreatment or is disqualified under chapter 15.34245C, the identity of the license holder or applicant as the individual responsible for 15.35maltreatment or as the disqualified individual is new text begin are new text end public data at the time of the issuance 15.36of the licensing sanction or denial. 16.1    (2) Notwithstanding sections 626.556, subdivision 11, and 626.557, subdivision 12b, 16.2when any person subject to disqualification under section 245C.14 in connection with a 16.3license to provide family day care for children, child care center services, foster care 16.4for children in the provider's home, or foster care or day care services for adults in the 16.5provider's home is a substantiated perpetrator of maltreatment, and the substantiated 16.6maltreatment is a reason for a licensing action, the identity of the substantiated perpetrator 16.7of maltreatment is public data. For purposes of this clause, a person is a substantiated 16.8perpetrator if the maltreatment determination has been upheld under section 256.045; 16.9626.556, subdivision 10i ; 626.557, subdivision 9d; or chapter 14, or if an individual or 16.10facility has not timely exercised appeal rights under these sections, except as provided 16.11under clause (1). 16.12    (3) For applicants who withdraw their application prior to licensure or denial of a 16.13license, the following data are public: the name of the applicant, the city and county in 16.14which the applicant was seeking licensure, the dates of the commissioner's receipt of the 16.15initial application and completed application, the type of license sought, and the date 16.16of withdrawal of the application. 16.17    (4) For applicants who are denied a license, the following data are public: the name 16.18and address of the applicant, the city and county in which the applicant was seeking 16.19licensure, the dates of the commissioner's receipt of the initial application and completed 16.20application, the type of license sought, the date of denial of the application, the nature of 16.21the basis for the denial, the record of informal resolution of a denial, orders of hearings, 16.22findings of fact, conclusions of law, specifications of the final order of denial, and the 16.23status of any appeal of the denial. 16.24    (5) The following data on persons subject to disqualification under section 245C.14 16.25in connection with a license to provide family day care for children, child care center 16.26services, foster care for children in the provider's home, or foster care or day care services 16.27for adults in the provider's home, are public: the nature of any disqualification set 16.28aside under section 245C.22, subdivisions 2 and 4, and the reasons for setting aside the 16.29disqualification; the nature of any disqualification for which a variance was granted under 16.30sections 245A.04, subdivision 9; and 245C.30, and the reasons for granting any variance 16.31under section 245A.04, subdivision 9; and, if applicable, the disclosure that any person 16.32subject to a background study under section 245C.03, subdivision 1, has successfully 16.33passed a background study. If a licensing sanction under section 245A.07, or a license 16.34denial under section 245A.05, is based on a determination that an individual subject to 16.35disqualification under chapter 245C is disqualified, the disqualification as a basis for the 16.36licensing sanction or denial is public data. As specified in clause (1), if the disqualified 17.1individual is the license holder or applicant, the identity of the license holder or applicant 17.2is public data. If the disqualified individual is an individual other than the license holder 17.3or applicant, the identity of the disqualified individual shall remain private data. 17.4    (6) When maltreatment is substantiated under section 626.556 or 626.557 and the 17.5victim and the substantiated perpetrator are affiliated with a program licensed under 17.6chapter 245A, the commissioner of human services, local social services agency, or 17.7county welfare agency may inform the license holder where the maltreatment occurred of 17.8the identity of the substantiated perpetrator and the victim. 17.9    (7) Notwithstanding clause (1), for child foster care, only the name of the license 17.10holder and the status of the license are public if the county attorney has requested that data 17.11otherwise classified as public data under clause (1) be considered private data based on the 17.12best interests of a child in placement in a licensed program. 17.13    (c) The following are private data on individuals under section 13.02, subdivision 17.1412 , or nonpublic data under section 13.02, subdivision 9: personal and personal financial 17.15data on family day care program and family foster care program applicants and licensees 17.16and their family members who provide services under the license. 17.17    (d) The following are private data on individuals: the identity of persons who have 17.18made reports concerning licensees or applicants that appear in inactive investigative data, 17.19and the records of clients or employees of the licensee or applicant for licensure whose 17.20records are received by the licensing agency for purposes of review or in anticipation of a 17.21contested matter. The names of reporters of complaints or alleged violations of licensing 17.22standards under chapters 245A, 245B, 245C, and applicable rules and alleged maltreatment 17.23under sections 626.556 and 626.557, are confidential data and may be disclosed only as 17.24provided in section 626.556, subdivision 11, or 626.557, subdivision 12b. 17.25    (e) Data classified as private, confidential, nonpublic, or protected nonpublic under 17.26this subdivision become public data if submitted to a court or administrative law judge as 17.27part of a disciplinary proceeding in which there is a public hearing concerning a license 17.28which has been suspended, immediately suspended, revoked, or denied. 17.29    (f) Data generated in the course of licensing investigations that relate to an alleged 17.30violation of law are investigative data under subdivision 3. 17.31    (g) Data that are not public data collected, maintained, used, or disseminated under 17.32this subdivision that relate to or are derived from a report as defined in section 626.556, 17.33subdivision 2 , or 626.5572, subdivision 18, are subject to the destruction provisions of 17.34sections 626.556, subdivision 11c, and 626.557, subdivision 12b. 17.35    (h) Upon request, not public data collected, maintained, used, or disseminated under 17.36this subdivision that relate to or are derived from a report of substantiated maltreatment as 18.1defined in section 626.556 or 626.557 may be exchanged with the Department of Health 18.2for purposes of completing background studies pursuant to section 144.057 and with 18.3the Department of Corrections for purposes of completing background studies pursuant 18.4to section 241.021. 18.5    (i) Data on individuals collected according to licensing activities under chapters 18.6245A and 245C, and data on individuals collected by the commissioner of human services 18.7according to maltreatment investigations under sections 626.556 and 626.557, may be 18.8shared with the Department of Human Rights, the Department of Health, the Department 18.9of Corrections, the ombudsman for mental health and developmental disabilities, and 18.10the individual's professional regulatory board when there is reason to believe that laws 18.11or standards under the jurisdiction of those agencies may have been violated. Unless 18.12otherwise specified in this chapter, the identity of a reporter of alleged maltreatment or 18.13licensing violations may not be disclosed. 18.14    (j) In addition to the notice of determinations required under section 626.556, 18.15subdivision 10f , if the commissioner or the local social services agency has determined 18.16that an individual is a substantiated perpetrator of maltreatment of a child based on sexual 18.17abuse, as defined in section 626.556, subdivision 2, and the commissioner or local social 18.18services agency knows that the individual is a person responsible for a child's care in 18.19another facility, the commissioner or local social services agency shall notify the head 18.20of that facility of this determination. The notification must include an explanation of the 18.21individual's available appeal rights and the status of any appeal. If a notice is given under 18.22this paragraph, the government entity making the notification shall provide a copy of the 18.23notice to the individual who is the subject of the notice. 18.24    (k) All not public data collected, maintained, used, or disseminated under this 18.25subdivision and subdivision 3 may be exchanged between the Department of Human 18.26Services, Licensing Division, and the Department of Corrections for purposes of 18.27regulating services for which the Department of Human Services and the Department 18.28of Corrections have regulatory authority. 18.29    Sec. 28. Minnesota Statutes 2010, section 13.46, subdivision 5, is amended to read: 18.30    Subd. 5. Medical data; contracts. Data relating to the medical, psychiatric, or 18.31mental health of any individual, including diagnosis, progress charts, treatment received, 18.32case histories, and opinions of health care providers, that is collected, new text begin are new text end maintained, 18.33used, or disseminated by any agency to the welfare system is private data on individuals 18.34and will be available to the data subject, unless the private health care provider has clearly 18.35requested in writing that the data be withheld pursuant to sections 144.291 to 144.298. 19.1Data on individuals that is collected, maintained, used, or disseminated by a private health 19.2care provider under contract to any agency of the welfare system is new text begin are new text end private data on 19.3individuals, and is new text begin are new text end subject to the provisions of sections 13.02 to 13.07 and this section, 19.4except that the provisions of section 13.04, subdivision 3, shall not apply. Access to 19.5medical data referred to in this subdivision by the individual who is the subject of the data 19.6is subject to the provisions of sections 144.291 to 144.298. Access to information that is 19.7maintained by the public authority responsible for support enforcement and that is needed 19.8to enforce medical support is subject to the provisions of section 518A.41. 19.9    Sec. 29. Minnesota Statutes 2010, section 13.46, subdivision 6, is amended to read: 19.10    Subd. 6. Other data. Data collected, used, maintained, or disseminated by the 19.11welfare system that is new text begin are new text end not data on individuals is new text begin are new text end public pursuant to section 13.03, 19.12except the following data: 19.13(a) investigative data classified by section 13.39; 19.14(b) welfare investigative data classified by section 13.46, subdivision 3; and 19.15(c) security information classified by section 13.37, subdivision 2. 19.16    Sec. 30. Minnesota Statutes 2010, section 13.462, subdivision 1, is amended to read: 19.17    Subdivision 1. Definition. As used in this section, "benefit data" means new text begin are new text end data on 19.18individuals collected or created because an individual seeks information about becoming, 19.19is, or was an applicant for or a recipient of benefits or services provided under various 19.20housing, home ownership, rehabilitation and community action agency, Head Start, and 19.21food assistance programs administered by government entities. Benefit data does not 19.22include welfare data which shall be administered in accordance with section 13.46. 19.23    Sec. 31. Minnesota Statutes 2010, section 13.47, subdivision 1, is amended to read: 19.24    Subdivision 1. Definitions. (a) "Employment and training data" means new text begin are new text end data on 19.25individuals collected, maintained, used, or disseminated because an individual applies for, 19.26is currently enrolled in, or has been enrolled in employment and training programs funded 19.27with federal, state, or local resources, including those provided under the Workforce 19.28Investment Act of 1998, United States Code, title 29, section 2801. 19.29(b) "Employment and training service provider" means an entity certified, or seeking 19.30to be certified, by the commissioner of employment and economic development to 19.31deliver employment and training services under section 116J.401, subdivision 2, or an 19.32organization that contracts with a certified entity or the Department of Employment and 19.33Economic Development to deliver employment and training services. 20.1(c) "Provider of training services" means an organization or entity that provides 20.2training under the Workforce Investment Act of 1998, United States Code, title 29, 20.3section 2801. 20.4    Sec. 32. Minnesota Statutes 2010, section 13.485, is amended by adding a subdivision 20.5to read: 20.6     new text begin Subd. 5. new text end new text begin Corporations created before May 31, 1997. new text end new text begin Government data maintained new text end 20.7 new text begin by a corporation created by a political subdivision before May 31, 1997, are governed by new text end 20.8 new text begin section 465.719, subdivision 14. new text end 20.9    Sec. 33. Minnesota Statutes 2010, section 13.485, is amended by adding a subdivision 20.10to read: 20.11     new text begin Subd. 6. new text end new text begin Northern Technology Initiative, Inc. new text end new text begin Government data maintained by new text end 20.12 new text begin Northern Technology Initiative, Inc. are classified under section 116T.02, subdivisions new text end 20.13 new text begin 7 and 8. new text end 20.14    Sec. 34. Minnesota Statutes 2010, section 13.548, is amended to read: 20.1513.548 SOCIAL RECREATIONAL DATA. 20.16The following data collected and maintained by political subdivisions for the purpose 20.17of enrolling individuals in recreational and other social programs are classified as private, 20.18pursuant to section 13.02, subdivision 12: the name, address, telephone number, any other 20.19data that identifies new text begin identify new text end the individual, and any data which describes the health or 20.20medical condition of the individual, family relationships and living arrangements of an 20.21individual or which are opinions as to the emotional makeup or behavior of an individual. 20.22    Sec. 35. Minnesota Statutes 2010, section 13.585, subdivision 2, is amended to read: 20.23    Subd. 2. Confidential data. The following data on individuals maintained by the 20.24housing agency are classified as confidential data, pursuant to section 13.02, subdivision 20.253 : correspondence between the agency and the agency's attorney containing data collected 20.26as part of an active investigation undertaken for the purpose of the commencement or 20.27defense of potential or actual litigation, including but not limited to: referrals to the Office 20.28of the Inspector General or other prosecuting agencies for possible prosecution for fraud; 20.29initiation of lease terminations and eviction actions; admission denial hearings concerning 20.30prospective tenants; commencement of actions against independent contractors of the 20.31agency; and tenant grievance hearings. 21.1    Sec. 36. Minnesota Statutes 2010, section 13.585, subdivision 3, is amended to read: 21.2    Subd. 3. Protected nonpublic data. The following data not on individuals 21.3maintained by the housing agency are classified as protected nonpublic data, pursuant 21.4to section 13.02, subdivision 13: correspondence between the agency and the agency's 21.5attorney containing data collected as part of an active investigation undertaken for the 21.6purpose of the commencement or defense of potential or actual litigation, including but 21.7not limited to, referrals to the Office of the Inspector General or other prosecuting bodies 21.8or agencies for possible prosecution for fraud and commencement of actions against 21.9independent contractors of the agency. 21.10    Sec. 37. Minnesota Statutes 2010, section 13.601, subdivision 3, is amended to read: 21.11    Subd. 3. Applicants for appointment. (a) Data about applicants for appointment to 21.12a public body collected by a government entity as a result of the applicant's application for 21.13appointment to the public body are private data on individuals except that the following 21.14are public: 21.15    (1) name; 21.16    (2) city of residence, except when the appointment has a residency requirement that 21.17requires the entire address to be public; 21.18    (3) education and training; 21.19    (4) employment history; 21.20    (5) volunteer work; 21.21    (6) awards and honors; 21.22    (7) prior government service; and 21.23    (8) any data required to be provided or that is new text begin are new text end voluntarily provided in an 21.24application for appointment to a multimember agency pursuant to section 15.0597. new text begin ; and new text end 21.25 new text begin (9) veteran status. new text end 21.26    (b) Once an individual is appointed to a public body, the following additional items 21.27of data are public: 21.28    (1) residential address; and 21.29    (2) either a telephone number or electronic mail address where the appointee can be 21.30reached, or both at the request of the appointee. new text begin ; new text end 21.31 new text begin (3) first and last dates of service on the public body; new text end 21.32 new text begin (4) the existence and status of any complaints or charges against an appointee; and new text end 21.33 new text begin (5) upon completion of an investigation of a complaint or charge against an new text end 21.34 new text begin appointee, the final investigative report is public, unless access to the data would new text end 21.35 new text begin jeopardize an active investigation. new text end 22.1    (c) Notwithstanding paragraph (b), any electronic mail address or telephone number 22.2provided by a public body for use by an appointee shall be public. An appointee may 22.3use an electronic mail address or telephone number provided by the public body as the 22.4designated electronic mail address or telephone number at which the appointee can be 22.5reached. 22.6    Sec. 38. Minnesota Statutes 2010, section 13.635, is amended by adding a subdivision 22.7to read: 22.8     new text begin Subd. 4a. new text end new text begin Dependent eligibility audit. new text end new text begin Data submitted to the commissioner of new text end 22.9 new text begin management and budget as part of a dependent eligibility audit are classified under new text end 22.10 new text begin section 43A.28. new text end 22.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 22.12    Sec. 39. Minnesota Statutes 2010, section 13.64, is amended by adding a subdivision 22.13to read: 22.14     new text begin Subd. 3. new text end new text begin Unofficial fiscal notes. new text end new text begin (a) For purposes of this subdivision, "unofficial new text end 22.15 new text begin fiscal note" means a fiscal note requested by or on behalf of a member of the legislature new text end 22.16 new text begin on draft language for a bill that has not been introduced. new text end 22.17 new text begin (b) This paragraph applies if a request for an unofficial fiscal note is accompanied new text end 22.18 new text begin by a directive from the requester that the data be classified under this paragraph. new text end 22.19 new text begin Government data on the request, the bill draft, and the unofficial fiscal note are private new text end 22.20 new text begin data on individuals or nonpublic data, provided that the data are accessible to, and may new text end 22.21 new text begin be disclosed by, the requester. If the unofficial fiscal note or an updated version is new text end 22.22 new text begin subsequently used for an introduced bill, or any legislation, including an amendment or a new text end 22.23 new text begin proposed bill, that any member of the legislature offers for consideration by a legislative new text end 22.24 new text begin committee, the fiscal note becomes public data. new text end 22.25    Sec. 40. Minnesota Statutes 2010, section 13.643, subdivision 5, is amended to read: 22.26    Subd. 5. Data received from federal government. All data received by the 22.27Department of Agriculture from the United States Department of Health and Human 22.28Services, the Food and Drug Administration, and the Agriculture, Food Safety, and 22.29Inspection Service that is new text begin are new text end necessary for the purpose of carrying out the Department 22.30of Agriculture's statutory food safety regulatory and enforcement duties are classified 22.31as nonpublic data under section 13.02, subdivision 9, and private data on individuals 22.32under section 13.02, subdivision 12. This section does not preclude the obligation of the 23.1Department of Agriculture to appropriately inform consumers of issues that could affect 23.2public health. 23.3    Sec. 41. Minnesota Statutes 2010, section 13.643, subdivision 7, is amended to read: 23.4    Subd. 7. Research, monitoring, or assessment data. (a) Except as provided in 23.5paragraph (b), the following data created, collected, and maintained by the Department of 23.6Agriculture during research, monitoring, or the assessment of farm practices and related 23.7to natural resources, the environment, agricultural facilities, or agricultural practices are 23.8classified as private or nonpublic: 23.9(1) names, addresses, telephone numbers, and e-mail addresses of study participants 23.10or cooperators; and 23.11(2) location of research, study site, and global positioning system data. 23.12(b) The following data is new text begin are new text end public: 23.13(1) location data and unique well numbers for wells and springs unless protected 23.14under section 18B.10 or another statute or rule; and 23.15(2) data from samples collected from a public water supply as defined in section 23.16144.382, subdivision 4 . 23.17(c) The Department of Agriculture may disclose data collected under paragraph (a) if 23.18the Department of Agriculture determines that there is a substantive threat to human health 23.19and safety or to the environment, or to aid in the law enforcement process. The Department 23.20of Agriculture may also disclose data with written consent of the subject of the data. 23.21    Sec. 42. Minnesota Statutes 2010, section 13.6435, is amended by adding a subdivision 23.22to read: 23.23     new text begin Subd. 13. new text end new text begin Ethanol producer payments. new text end new text begin Audited financial statements and notes new text end 23.24 new text begin and disclosure statements submitted to the commissioner of agriculture regarding new text end 23.25 new text begin ethanol producer payments pursuant to section 41A.09 are governed by section 41A.09, new text end 23.26 new text begin subdivision 3a. new text end 23.27    Sec. 43. Minnesota Statutes 2010, section 13.65, subdivision 1, is amended to read: 23.28    Subdivision 1. Private data. The following data created, collected and maintained 23.29by the Office of the Attorney General are classified as private data on individuals: 23.30(a) the record, including but not limited to, the transcript and exhibits of all 23.31disciplinary proceedings held by a state agency, board or commission, except in those 23.32instances where there is a public hearing; 24.1(b) communications and noninvestigative files regarding administrative or policy 24.2matters which do not evidence final public actions; 24.3(c) consumer complaint data, other than that new text begin those new text end data classified as confidential, 24.4including consumers' complaints against businesses and follow-up investigative materials; 24.5(d) investigative data, obtained in anticipation of, or in connection with litigation or 24.6an administrative proceeding where the investigation is not currently active; and 24.7(e) data collected by the Consumer Division of the Attorney General's Office in its 24.8administration of the home protection hot line including: the name, address, and phone 24.9number of the consumer; the name and address of the mortgage company; the total amount 24.10of the mortgage; the amount of money needed to bring the delinquent mortgage current; 24.11the consumer's place of employment; the consumer's total family income; and the history 24.12of attempts made by the consumer to renegotiate a delinquent mortgage. 24.13    Sec. 44. Minnesota Statutes 2010, section 13.65, subdivision 2, is amended to read: 24.14    Subd. 2. Confidential data. The following data created, collected and maintained 24.15by the Office of the Attorney General are classified as confidential, pursuant to section 24.1613.02, subdivision 3 : data acquired through communications made in official confidence 24.17to members of the attorney general's staff where the public interest would suffer by 24.18disclosure of the data. 24.19    Sec. 45. Minnesota Statutes 2010, section 13.65, subdivision 3, is amended to read: 24.20    Subd. 3. Public data. Data describing the final disposition of disciplinary 24.21proceedings held by any state agency, board new text begin , new text end or commission are classified as public, 24.22pursuant to section 13.02, subdivision 15. 24.23    Sec. 46. Minnesota Statutes 2010, section 13.679, subdivision 2, is amended to read: 24.24    Subd. 2. Utility or telephone company employee or customer. (a) The following 24.25are private data on individuals: data collected by the commissioner of commerce or the 24.26Public Utilities Commission, including the names or any other data that would reveal the 24.27identity of either an employee or customer of a telephone company or public utility who 24.28files a complaint or provides information regarding a violation or suspected violation by 24.29the telephone company or public utility of any federal or state law or rule; except this new text begin these new text end 24.30data may be released as needed to law enforcement authorities. 24.31(b) The following are private data on individuals: data collected by the commission 24.32or the commissioner of commerce on individual public utility or telephone company 24.33customers or prospective customers, including copies of tax forms, needed to administer 25.1federal or state programs that provide relief from telephone company bills, public utility 25.2bills, or cold weather disconnection. The determination of eligibility of the customers 25.3or prospective customers may be released to public utilities or telephone companies to 25.4administer the programs. 25.5    Sec. 47. Minnesota Statutes 2010, section 13.719, subdivision 1, is amended to read: 25.6    Subdivision 1. Comprehensive health insurance data. (a) The following data 25.7on eligible persons and enrollees of the state comprehensive health insurance plan are 25.8classified as private: all data collected or maintained by the Minnesota Comprehensive 25.9Health Association, the writing carrier, and the Department of Commerce. 25.10(b) The Minnesota Comprehensive Health Association is considered a state agency 25.11for purposes of this chapter. 25.12(c) The Minnesota Comprehensive Health Association may disclose data on eligible 25.13persons and enrollees of the state comprehensive health insurance plan to conduct actuarial 25.14and research studies, notwithstanding the classification of this new text begin these new text end data, if: 25.15(1) the board authorizes the disclosure; 25.16(2) no individual may be identified in the actuarial or research report; 25.17(3) materials allowing an individual to be identified are returned or destroyed as soon 25.18as they are no longer needed; and 25.19(4) the actuarial or research organization agrees not to disclose the information 25.20unless the disclosure would be permitted under this chapter is made by the association. 25.21    Sec. 48. Minnesota Statutes 2010, section 13.719, subdivision 5, is amended to read: 25.22    Subd. 5. Data on insurance companies and township mutual companies. The 25.23following data collected and maintained by the Department of Commerce are classified 25.24as nonpublic data: 25.25(a) that portion of any of the following data which would identify the affected 25.26insurance company or township mutual company: (1) any order issued pursuant to 25.27section 60A.031, subdivision 5, or 67A.241, subdivision 4, and based in whole or in 25.28part upon a determination or allegation by the Commerce Department or commissioner 25.29that an insurance company or township mutual company is in an unsound, impaired, or 25.30potentially unsound or impaired condition; or (2) any stipulation, consent agreement, letter 25.31agreement, or similar document evidencing the settlement of any proceeding commenced 25.32pursuant to an order of a type described in clause (1), or an agreement between the 25.33department and an insurance company or township mutual company entered in lieu of the 25.34issuance of an order of the type described in clause (1); and 26.1(b) any correspondence or attachments relating to the data listed in this subdivision. 26.2    Sec. 49. Minnesota Statutes 2010, section 13.7191, subdivision 14, is amended to read: 26.3    Subd. 14. Requirements for health plan companies. (a) Minnesota Risk 26.4Adjustment Association. Data privacy issues concerning the Minnesota Risk Adjustment 26.5Association are governed by section 62Q.03, subdivision 9. 26.6(b) Essential community provider. Data on applications for designation as an 26.7essential community provider are classified under section 62Q.19, subdivision 2. 26.8(c) Disclosure of executive compensation. Disclosure of certain data to consumer 26.9advisory boards is governed by section 62Q.64. 26.10 new text begin (d) new text end new text begin Audits conducted by independent organizations. new text end new text begin Data provided by an new text end 26.11 new text begin independent organization related to an audit report are governed by section 62Q.37, new text end 26.12 new text begin subdivision 8. new text end 26.13    Sec. 50. Minnesota Statutes 2010, section 13.7191, subdivision 18, is amended to read: 26.14    Subd. 18. Workers' compensation self-insurance. (a) Self-Insurers' Advisory 26.15Committee. Data received by the Self-Insurers' Advisory Committee from the 26.16commissioner are classified under section 79A.02, subdivision 2. 26.17(b) Self-insurers' security fund. Disclosure of certain data received by the 26.18self-insurers' security is governed by section 79A.09, subdivision 4. 26.19(c) Commercial self-insurers' security fund. Disclosure of certain data received by 26.20the commercial self-insurers' security fund is governed by section 79A.26, subdivision 4. 26.21 new text begin (d) new text end new text begin Self-insurers' security fund and the board of trustees. new text end new text begin The security fund and new text end 26.22 new text begin its board of trustees are governed by section 79A.16. new text end 26.23 new text begin (e) new text end new text begin Commercial self-insurance group security fund. new text end new text begin The commercial new text end 26.24 new text begin self-insurance group security fund and its board of trustees are governed by section new text end 26.25 new text begin 79A.28. new text end 26.26    Sec. 51. Minnesota Statutes 2010, section 13.72, subdivision 11, is amended to read: 26.27    Subd. 11. Design-build transportation project new text begin data new text end . new text begin (a) This subdivision new text end 26.28 new text begin applies to government data of the Department of Transportation new text end when the Department new text begin new text end 26.29 new text begin commissioner new text end of transportation undertakes a design-build transportation project as defined 26.30in section 161.3410, subdivision 6, the statement of qualification evaluation criteria and 26.31scoring methodology, statement of qualification evaluations, technical proposal evaluation 26.32criteria and scoring methodology, and technical proposal evaluations are classified as 26.33protected nonpublic data with regard to data not on individuals and as confidential 27.1data on individuals. The statement of qualification evaluation criteria and scoring 27.2methodology and statement of qualification evaluations are public when the Department 27.3of Transportation announces the short list of qualified contractors. The technical proposal 27.4evaluation criteria, scoring methodology, and technical proposal evaluations are public 27.5when the project is awarded. 27.6 new text begin (b) When the commissioner solicits a request for qualifications (RFQ), as defined in new text end 27.7 new text begin section 161.3410, subdivision 9: new text end 27.8 new text begin (1) the statement of qualifications evaluation criteria and scoring methodology, new text end 27.9 new text begin identifying information concerning the members of the technical review committee, and new text end 27.10 new text begin the statement of qualifications evaluations are confidential data on individuals or protected new text end 27.11 new text begin nonpublic data; and new text end 27.12 new text begin (2) the statement of qualifications submitted by a potential design-build firm, as new text end 27.13 new text begin defined in section 161.3410, subdivision 4, is nonpublic data. new text end 27.14 new text begin When the commissioner announces the short list of qualified design-build firms, the new text end 27.15 new text begin statement of qualifications evaluation criteria and scoring methodology and the statement new text end 27.16 new text begin of qualifications evaluations classified under clause (1) become public data. new text end 27.17 new text begin (c) When the commissioner solicits a request for proposals (RFP), as defined in new text end 27.18 new text begin section 161.3410, subdivision 8: new text end 27.19 new text begin (1) the technical proposal; alternative technical concepts; preapproved elements; new text end 27.20 new text begin price proposal; disadvantaged business enterprise and equal employment opportunity new text end 27.21 new text begin submittal; and data used to evaluate the disadvantaged business enterprise and equal new text end 27.22 new text begin employment opportunity submittal, are nonpublic data; and new text end 27.23 new text begin (2) the technical proposal evaluation criteria and scoring methodology, and technical new text end 27.24 new text begin proposal evaluations are protected nonpublic data. new text end 27.25 new text begin (d) When the commissioner opens the price proposals under section 161.3426, new text end 27.26 new text begin subdivision 1, paragraph (b): new text end 27.27 new text begin (1) the technical proposal evaluation scores and the dollar amounts in the price new text end 27.28 new text begin proposals become public data; new text end 27.29 new text begin (2) the statement of qualifications submitted by a potential design-build firm; new text end 27.30 new text begin the technical proposal; alternative technical concepts; preapproved elements; the new text end 27.31 new text begin disadvantaged business enterprise and equal employment opportunity submittal; and data new text end 27.32 new text begin used to evaluate the disadvantaged business enterprise and equal employment opportunity new text end 27.33 new text begin submittal, remain nonpublic data until the project is awarded, with the exception of trade new text end 27.34 new text begin secret data as defined and classified in section 13.37; and new text end 27.35 new text begin (3) the technical proposal evaluation criteria and scoring methodology; technical new text end 27.36 new text begin proposal evaluations, other than scores made public under clause (1); and identifying new text end 28.1 new text begin information concerning the members of the technical review committee, remain protected new text end 28.2 new text begin nonpublic data until the project is awarded. new text end 28.3 new text begin (e) If all responses to a request for proposals are rejected before awarding the new text end 28.4 new text begin project, data that do not become public under this subdivision retain their classification new text end 28.5 new text begin until a resolicitation of the request for proposals results in award of the project or a new text end 28.6 new text begin determination is made to abandon the project. If a resolicitation of proposals does not new text end 28.7 new text begin occur within one year of the announcement of the short list of qualified design-build firms, new text end 28.8 new text begin all data under this subdivision become public. new text end 28.9    Sec. 52. Minnesota Statutes 2010, section 13.72, is amended by adding a subdivision 28.10to read: 28.11     new text begin Subd. 17. new text end new text begin Adopt-a-highway data. new text end new text begin The following data on participants collected new text end 28.12 new text begin by the Department of Transportation to administer the adopt-a-highway program are new text end 28.13 new text begin classified as private data on individuals: home addresses, except for zip codes; home new text end 28.14 new text begin e-mail addresses; and home telephone numbers. new text end 28.15    Sec. 53. Minnesota Statutes 2010, section 13.7932, is amended to read: 28.1613.7932 LOGGER SAFETY AND EDUCATION PROGRAM DATA. 28.17    The following data collected from persons who attend safety and education programs 28.18or seminars for loggers established or approved by the commissioner under section 28.19176.130, subdivision 11, is new text begin are new text end public data: 28.20    (1) the names of the individuals attending the program or seminar; 28.21    (2) the names of each attendee's employer; 28.22    (3) the city where the employer is located; 28.23    (4) the date the program or seminar was held; and 28.24    (5) a description of the seminar or program. 28.25    Sec. 54. Minnesota Statutes 2010, section 13.82, subdivision 2, is amended to read: 28.26    Subd. 2. Arrest data. The following data created or collected by law enforcement 28.27agencies which documents new text begin document new text end any actions taken by them to cite, arrest, incarcerate 28.28or otherwise substantially deprive an adult individual of liberty shall be public at all 28.29times in the originating agency: 28.30(a) time, date and place of the action; 28.31(b) any resistance encountered by the agency; 28.32(c) any pursuit engaged in by the agency; 28.33(d) whether any weapons were used by the agency or other individual; 29.1(e) the charge, arrest or search warrants, or other legal basis for the action; 29.2(f) the identities of the agencies, units within the agencies and individual persons 29.3taking the action; 29.4(g) whether and where the individual is being held in custody or is being incarcerated 29.5by the agency; 29.6(h) the date, time and legal basis for any transfer of custody and the identity of the 29.7agency or person who received custody; 29.8(i) the date, time and legal basis for any release from custody or incarceration; 29.9(j) the name, age, sex and last known address of an adult person or the age and sex 29.10of any juvenile person cited, arrested, incarcerated or otherwise substantially deprived 29.11of liberty; 29.12(k) whether the agency employed wiretaps or other eavesdropping techniques, unless 29.13the release of this specific data would jeopardize an ongoing investigation; 29.14(l) the manner in which the agencies received the information that led to the arrest 29.15and the names of individuals who supplied the information unless the identities of those 29.16individuals qualify for protection under subdivision 17; and 29.17(m) response or incident report number. 29.18    Sec. 55. Minnesota Statutes 2010, section 13.82, subdivision 3, is amended to read: 29.19    Subd. 3. Request for service data. The following data created or collected by 29.20law enforcement agencies which documents new text begin document new text end requests by the public for law 29.21enforcement services shall be public government data: 29.22(a) the nature of the request or the activity complained of; 29.23(b) the name and address of the individual making the request unless the identity of 29.24the individual qualifies for protection under subdivision 17; 29.25(c) the time and date of the request or complaint; and 29.26(d) the response initiated and the response or incident report number. 29.27    Sec. 56. Minnesota Statutes 2010, section 13.82, subdivision 6, is amended to read: 29.28    Subd. 6. Response or incident data. The following data created or collected by 29.29law enforcement agencies which documents new text begin document new text end the agency's response to a request 29.30for service including, but not limited to, responses to traffic accidents, or which describes new text begin new text end 29.31 new text begin describe new text end actions taken by the agency on its own initiative shall be public government data: 29.32(a) date, time and place of the action; 29.33(b) agencies, units of agencies and individual agency personnel participating in the 29.34action unless the identities of agency personnel qualify for protection under subdivision 17; 30.1(c) any resistance encountered by the agency; 30.2(d) any pursuit engaged in by the agency; 30.3(e) whether any weapons were used by the agency or other individuals; 30.4(f) a brief factual reconstruction of events associated with the action; 30.5(g) names and addresses of witnesses to the agency action or the incident unless the 30.6identity of any witness qualifies for protection under subdivision 17; 30.7(h) names and addresses of any victims or casualties unless the identities of those 30.8individuals qualify for protection under subdivision 17; 30.9(i) the name and location of the health care facility to which victims or casualties 30.10were taken; 30.11(j) response or incident report number; 30.12(k) dates of birth of the parties involved in a traffic accident; 30.13(l) whether the parties involved were wearing seat belts; and 30.14(m) the alcohol concentration of each driver. 30.15    Sec. 57. Minnesota Statutes 2010, section 13.82, subdivision 7, is amended to read: 30.16    Subd. 7. Criminal investigative data. Except for the data defined in subdivisions 30.172, 3, and 6, investigative data collected or created by a law enforcement agency in order 30.18to prepare a case against a person, whether known or unknown, for the commission of a 30.19crime or other offense for which the agency has primary investigative responsibility is new text begin are new text end 30.20confidential or protected nonpublic while the investigation is active. Inactive investigative 30.21data is new text begin are new text end public unless the release of the data would jeopardize another ongoing 30.22investigation or would reveal the identity of individuals protected under subdivision 17. 30.23Photographs which are part of inactive investigative files and which are clearly offensive 30.24to common sensibilities are classified as private or nonpublic data, provided that the 30.25existence of the photographs shall be disclosed to any person requesting access to the 30.26inactive investigative file. An investigation becomes inactive upon the occurrence of any 30.27of the following events: 30.28(a) a decision by the agency or appropriate prosecutorial authority not to pursue 30.29the case; 30.30(b) expiration of the time to bring a charge or file a complaint under the applicable 30.31statute of limitations, or 30 years after the commission of the offense, whichever comes 30.32earliest; or 30.33(c) exhaustion of or expiration of all rights of appeal by a person convicted on 30.34the basis of the investigative data. 31.1Any investigative data presented as evidence in court shall be public. Data 31.2determined to be inactive under clause (a) may become active if the agency or appropriate 31.3prosecutorial authority decides to renew the investigation. 31.4During the time when an investigation is active, any person may bring an action in 31.5the district court located in the county where the data is new text begin are new text end being maintained to authorize 31.6disclosure of investigative data. The court may order that all or part of the data relating to 31.7a particular investigation be released to the public or to the person bringing the action. In 31.8making the determination as to whether investigative data shall be disclosed, the court 31.9shall consider whether the benefit to the person bringing the action or to the public 31.10outweighs any harm to the public, to the agency or to any person identified in the data. 31.11The data in dispute shall be examined by the court in camera. 31.12    Sec. 58. Minnesota Statutes 2010, section 13.82, is amended by adding a subdivision 31.13to read: 31.14     new text begin Subd. 30. new text end new text begin Inactive financial transaction investigative data. new text end new text begin Investigative data new text end 31.15 new text begin that become inactive under subdivision 7 that are a person's financial account number or new text end 31.16 new text begin transaction numbers are private or nonpublic data. new text end 31.17    Sec. 59. Minnesota Statutes 2010, section 13.83, subdivision 2, is amended to read: 31.18    Subd. 2. Public data. Unless specifically classified otherwise by state statute or 31.19federal law, the following data created or collected by a medical examiner or coroner on 31.20a deceased individual is new text begin are new text end public: name of the deceased; date of birth; date of death; 31.21address; sex; race; citizenship; height; weight; hair color; eye color; build; complexion; 31.22age, if known, or approximate age; identifying marks, scars and amputations; a description 31.23of the decedent's clothing; marital status; location of death including name of hospital 31.24where applicable; name of spouse; whether or not the decedent ever served in the armed 31.25forces of the United States; occupation; business; father's name (also birth name, if 31.26different); mother's name (also birth name, if different); birthplace; birthplace of parents; 31.27cause of death; causes of cause of death; whether an autopsy was performed and if so, 31.28whether it was conclusive; date and place of injury, if applicable, including work place; 31.29how injury occurred; whether death was caused by accident, suicide, homicide, or was 31.30of undetermined cause; certification of attendance by physician; physician's name and 31.31address; certification by coroner or medical examiner; name and signature of coroner 31.32or medical examiner; type of disposition of body; burial place name and location, if 31.33applicable; date of burial, cremation or removal; funeral home name and address; and 31.34name of local register or funeral director. 32.1    Sec. 60. Minnesota Statutes 2010, section 13.83, subdivision 4, is amended to read: 32.2    Subd. 4. Investigative data. Data created or collected by a county coroner or 32.3medical examiner which is new text begin are new text end part of an active investigation mandated by chapter 390, or 32.4any other general or local law relating to coroners or medical examiners is new text begin are new text end confidential 32.5data or protected nonpublic data, until the completion of the coroner's or medical 32.6examiner's final summary of findings but may be disclosed to a state or federal agency 32.7charged by law with investigating the death of the deceased individual about whom the 32.8medical examiner or coroner has medical examiner data. Upon completion of the coroner's 32.9or medical examiner's final summary of findings, the data collected in the investigation 32.10and the final summary of it are private or nonpublic data. However, if the final summary 32.11and the record of death indicate the manner of death is homicide, undetermined, or 32.12pending investigation and there is an active law enforcement investigation, within the 32.13meaning of section 13.82, subdivision 7, relating to the death of the deceased individual, 32.14the data remain confidential or protected nonpublic. Upon review by the county attorney 32.15of the jurisdiction in which the law enforcement investigation is active, the data may be 32.16released to persons described in subdivision 8 if the county attorney determines release 32.17would not impede the ongoing investigation. When the law enforcement investigation 32.18becomes inactive, the data are private or nonpublic data. Nothing in this subdivision shall 32.19be construed to make not public the data elements identified in subdivision 2 at any point 32.20in the investigation or thereafter. 32.21    Sec. 61. Minnesota Statutes 2010, section 13.83, subdivision 6, is amended to read: 32.22    Subd. 6. Classification of other data. Unless a statute specifically provides a 32.23different classification, all other data created or collected by a county coroner or medical 32.24examiner that is new text begin are new text end not data on deceased individuals or the manner and circumstances of 32.25their death is new text begin are new text end public pursuant to section 13.03. 32.26    Sec. 62. Minnesota Statutes 2010, section 13.87, subdivision 2, is amended to read: 32.27    Subd. 2. Firearms data. All data pertaining to the purchase or transfer of firearms 32.28and applications for permits to carry firearms which are collected by government entities 32.29pursuant to sections 624.712 to 624.719 are classified as private, pursuant to section 32.3013.02, subdivision 12 . 32.31    Sec. 63. Minnesota Statutes 2010, section 13D.015, subdivision 5, is amended to read: 32.32    Subd. 5. Notice. If telephone or another electronic means is used to conduct a 32.33regular, special, or emergency meeting, the entity shall provide notice of the regular 33.1meeting location, of the fact that some members may participate by electronic means, and 33.2of the provisions of subdivision 4. The timing and method of providing notice is governed 33.3by section 13D.04. In addition, the entity must post the notice on its Web site at least ten 33.4days before the new text begin any regular new text end meeting new text begin as defined in section 13D.04, subdivision 1 new text end . 33.5    Sec. 64. new text begin [13D.08] OPEN MEETING LAW CODED ELSEWHERE. new text end 33.6     new text begin Subdivision 1. new text end new text begin Board of Animal Health. new text end new text begin Certain meetings of the Board of Animal new text end 33.7 new text begin Health are governed by section 35.0661, subdivision 1. new text end 33.8     new text begin Subd. 2. new text end new text begin Minnesota Life and Health Guaranty Association. new text end new text begin Meetings of the new text end 33.9 new text begin Minnesota Life and Health Guaranty Association Board of Directors are governed by new text end 33.10 new text begin section 61B.22. new text end 33.11     new text begin Subd. 3. new text end new text begin Comprehensive Health Association. new text end new text begin Certain meetings of the new text end 33.12 new text begin Comprehensive Health Association are governed by section 62E.10, subdivision 4. new text end 33.13     new text begin Subd. 4. new text end new text begin Health Technology Advisory Committee. new text end new text begin Certain meetings of the Health new text end 33.14 new text begin Technology Advisory Committee are governed by section 62J.156. new text end 33.15     new text begin Subd. 5. new text end new text begin Health Coverage Reinsurance Association. new text end new text begin Meetings of the Health new text end 33.16 new text begin Coverage Reinsurance Association are governed by section 62L.13, subdivision 3. new text end 33.17     new text begin Subd. 6. new text end new text begin Self-insurers' security fund. new text end new text begin Meetings of the self-insurers' security fund new text end 33.18 new text begin and its board of trustees are governed by section 79A.16. new text end 33.19     new text begin Subd. 7. new text end new text begin Commercial self-insurance group security fund. new text end new text begin Meetings of the new text end 33.20 new text begin commercial self-insurance group security fund are governed by section 79A.28. new text end 33.21     new text begin Subd. 8. new text end new text begin Lessard-Sams Outdoor Heritage Council. new text end new text begin Certain meetings of the new text end 33.22 new text begin Lessard-Sams Outdoor Heritage Council are governed by section 97A.056, subdivision 5. new text end 33.23     new text begin Subd. 9. new text end new text begin Enterprise Minnesota, Inc. new text end new text begin Certain meetings of the board of directors of new text end 33.24 new text begin Enterprise Minnesota, Inc. are governed by section 116O.03. new text end 33.25     new text begin Subd. 10. new text end new text begin Minnesota Business Finance, Inc. new text end new text begin Certain meetings of Minnesota new text end 33.26 new text begin Business Finance, Inc. are governed by section 116S.02. new text end 33.27     new text begin Subd. 11. new text end new text begin Northern Technology Initiative, Inc. new text end new text begin Certain meetings of Northern new text end 33.28 new text begin Technology Initiative, Inc. are governed by section 116T.02. new text end 33.29     new text begin Subd. 12. new text end new text begin Agricultural Utilization Research Institute. new text end new text begin Certain meetings of the new text end 33.30 new text begin Agricultural Utilization Research Institute are governed by section 116V.01, subdivision new text end 33.31 new text begin 10. new text end 33.32     new text begin Subd. 13. new text end new text begin Hospital authorities. new text end new text begin Certain meetings of hospitals established under new text end 33.33 new text begin section 144.581 are governed by section 144.581, subdivisions 4 and 5. new text end 34.1     new text begin Subd. 14. new text end new text begin Advisory Council on Workers' Compensation. new text end new text begin Certain meetings of new text end 34.2 new text begin the Advisory Council on Workers' Compensation are governed by section 175.007, new text end 34.3 new text begin subdivision 3. new text end 34.4     new text begin Subd. 15. new text end new text begin Electric cooperatives. new text end new text begin Meetings of a board of directors of an electric new text end 34.5 new text begin cooperative that has more than 50,000 members are governed by section 308A.327. new text end 34.6     new text begin Subd. 16. new text end new text begin Town boards. new text end new text begin Certain meetings of town boards are governed by section new text end 34.7 new text begin 366.01, subdivision 11. new text end 34.8     new text begin Subd. 17. new text end new text begin Hennepin County Medical Center and HMO. new text end new text begin Certain meetings of the new text end 34.9 new text begin Hennepin County Board on behalf of the HMO or Hennepin Healthcare System, Inc. are new text end 34.10 new text begin governed by section 383B.217. new text end 34.11     new text begin Subd. 18. new text end new text begin Hennepin Healthcare System, Inc. new text end new text begin Certain meetings of the Hennepin new text end 34.12 new text begin Healthcare System, Inc. are governed by section 383B.917. new text end 34.13    Sec. 65. Minnesota Statutes 2010, section 43A.28, is amended to read: 34.1443A.28 ENROLLMENT. 34.15     new text begin Subdivision 1. new text end new text begin General. new text end The time, manner, and conditions and terms of eligibility 34.16for enrollment of persons eligible for state paid or individual paid life insurance, hospital, 34.17medical and dental benefits, and optional coverages authorized shall be determined and 34.18prescribed by the commissioner according to collective bargaining agreements and plans 34.19established pursuant to section 43A.18. 34.20     new text begin Subd. 2. new text end new text begin Audit data. new text end new text begin Data submitted to the commissioner by individuals for the new text end 34.21 new text begin purposes of a dependent eligibility audit conducted pursuant to Laws 2011, First Special new text end 34.22 new text begin Session chapter 10, article 3, section 40, for life insurance and hospital, medical, and new text end 34.23 new text begin dental benefits are private data on individuals as defined in section 13.02, subdivision 12, new text end 34.24 new text begin provided that the data may be shared with and used by an employer if necessary to pursue new text end 34.25 new text begin any action arising out of apparent ineligibility of a dependent. new text end 34.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 34.27    Sec. 66. new text begin [43A.281] LIMIT ON TERMINATION OF DEPENDENT COVERAGE. new text end 34.28 new text begin (a) The commissioner of management and budget may not terminate the enrollment new text end 34.29 new text begin of a dependent in the state employee group insurance program as a result of a failure to new text end 34.30 new text begin submit documentation required under a dependent eligibility verification audit unless all new text end 34.31 new text begin of the following have occurred: new text end 35.1 new text begin (1) at least 30 days before the proposed termination of a dependent's coverage, the new text end 35.2 new text begin commissioner has notified the covered plan member by mail of each type of required new text end 35.3 new text begin documentation that has not been submitted; new text end 35.4 new text begin (2) at least 30 days before the proposed termination of a dependent's coverage, the new text end 35.5 new text begin commissioner has notified the covered plan member of the name, telephone number, new text end 35.6 new text begin and e-mail address of one or more employees of the Department of Management and new text end 35.7 new text begin Budget who the covered plan member may contact regarding the proposed termination of new text end 35.8 new text begin the dependent's coverage; new text end 35.9 new text begin (3) at least 30 days before the proposed termination of a dependent's coverage, the new text end 35.10 new text begin commissioner has notified the covered plan member of how the covered plan member new text end 35.11 new text begin may appeal a finding that a dependent is not eligible to continue in the program, and the new text end 35.12 new text begin appeal process has been completed; and new text end 35.13 new text begin (4) if a covered plan member has demonstrated to the commissioner's satisfaction new text end 35.14 new text begin that it is impractical for the covered plan member to submit required documentation, new text end 35.15 new text begin the commissioner has provided the covered plan member an alternative compliance new text end 35.16 new text begin method that the commissioner has determined is a reasonable manner of proving eligible new text end 35.17 new text begin dependent status, and the covered plan member has not submitted documents required new text end 35.18 new text begin under this alternative method. new text end 35.19 new text begin (b) This section expires on January 1, 2014. new text end 35.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 35.21    Sec. 67. Minnesota Statutes 2010, section 79A.16, is amended to read: 35.2279A.16 OPEN MEETING; ADMINISTRATIVE PROCEDURE ACT. 35.23The security fund and its board of trustees shall not be subject to (1) the Open 35.24Meeting Law, new text begin chapter 13D, new text end (2) the Open Appointments Law, (3) the Data Privacy Law new text begin new text end 35.25 new text begin Minnesota Government Data Practices Act, chapter 13 new text end , and (4) except where specifically 35.26set forth, the Administrative Procedure Act. 35.27The Self-Insurers' Advisory Committee shall not be subject to clauses (2) and (4). 35.28    Sec. 68. Minnesota Statutes 2010, section 79A.28, is amended to read: 35.2979A.28 OPEN MEETING; ADMINISTRATIVE PROCEDURE ACT. 35.30The commercial self-insurance group security fund and its board of trustees shall not 35.31be subject to: 35.32(1) the Open Meeting Law new text begin , chapter 13D new text end ; 35.33(2) the Open Appointments Law; 36.1(3) the Data Privacy Law new text begin Minnesota Government Data Practices Act, chapter 13 new text end ; and 36.2(4) except where specifically set forth, the Administrative Procedure Act. 36.3    Sec. 69. Minnesota Statutes 2010, section 84.0874, is amended to read: 36.484.0874 ELECTRONIC LICENSING SYSTEM DATA. 36.5 new text begin (a) new text end The following data created, collected, stored, or maintained by the department 36.6for purposes of obtaining a noncommercial game and fish license, cross-country ski pass, 36.7horse pass, or snowmobile trail sticker; registering a recreational motor vehicle; or any 36.8other electronic licensing transaction are private data on individuals as defined in section 36.913.02, subdivision 12 : name, addresses, driver's license number, and date of birth. The data 36.10may be disclosed for law enforcement purposes. The data, other than the driver's license 36.11number, may be disclosed to a government entity and for natural resources management 36.12purposes, including recruitment, retention, and training certification and verification. 36.13 new text begin (b) Private data on individuals under paragraph (a) may be disclosed as follows: new text end 36.14 new text begin (1) for use by any government agency, including a court or law enforcement agency, new text end 36.15 new text begin in carrying out its functions, or any private person or entity acting on behalf of a federal, new text end 36.16 new text begin state, or local agency in carrying out its functions; new text end 36.17 new text begin (2) for use in connection with matters of vehicle or operator safety and theft, new text end 36.18 new text begin emissions, product alterations, recalls or advisories, and performance monitoring; new text end 36.19 new text begin (3) for use in the normal course of business by a legitimate business or its agents, new text end 36.20 new text begin employees, or contractors, in order to verify the accuracy of personal information new text end 36.21 new text begin submitted by an individual. If the information as submitted is not correct or is no longer new text end 36.22 new text begin correct, correct information may be obtained only for the purpose of preventing fraud new text end 36.23 new text begin by, pursuing legal remedies against, or recovering on a debt or security interest against new text end 36.24 new text begin the individual. If the person requesting access is acting as the agent of a lienholder, the new text end 36.25 new text begin requestor must submit proof of a contract with the lienholder; new text end 36.26 new text begin (4) for use in connection with any civil, criminal, administrative, or arbitration new text end 36.27 new text begin proceedings in any federal, state, or local court or agency or before any self-regulatory new text end 36.28 new text begin body, including service of process, investigation in anticipation of litigation, and the new text end 36.29 new text begin execution or enforcement of judgments and orders, or pursuant to an order of a federal, new text end 36.30 new text begin state, or local court, provided that the requestor provides a copy of the court order; new text end 36.31 new text begin (5) for use by any insurer or insurance support organization, or by a self-insured new text end 36.32 new text begin entity, or its agents, employees, or contractors, in connection with claims investigation new text end 36.33 new text begin activities or antifraud activities. If the person requesting access is an agent of an insurance new text end 36.34 new text begin company, the requestor must provide the insurance company's name; new text end 37.1 new text begin (6) for use in providing notice to the owners of towed or impounded recreational new text end 37.2 new text begin vehicles or watercraft. The person requesting access must provide the name, address, and new text end 37.3 new text begin telephone number of the entity that requested that the recreational vehicle or watercraft new text end 37.4 new text begin be towed; new text end 37.5 new text begin (7) for use by any licensed private investigative agency or licensed security service new text end 37.6 new text begin for any purpose permitted under this section, provided that the person provides a copy of new text end 37.7 new text begin a valid license; or new text end 37.8 new text begin (8) where the use is related to the physical safety or security of operators, vehicles, new text end 37.9 new text begin pedestrians, or property. new text end 37.10 new text begin The commissioner must not disclose data under this paragraph if the commissioner new text end 37.11 new text begin concludes that the requester is likely to use the data for an improper purpose or other new text end 37.12 new text begin purpose not authorized by this paragraph. new text end 37.13    Sec. 70. Minnesota Statutes 2010, section 216C.266, is amended to read: 37.14216C.266 DATA PRIVACY; ENERGY PROGRAMS. 37.15     new text begin Subdivision 1. new text end new text begin Classification of application data. new text end Data on individuals collected, 37.16maintained, or created because an individual applies new text begin on behalf of a household new text end for benefits 37.17or services provided by the energy assistance and weatherization programs is new text begin are new text end private 37.18data on individuals and must not be disseminated except pursuant to section 13.05, 37.19subdivisions 3 and 4 new text begin , or as provided in this section new text end . 37.20     new text begin Subd. 2. new text end new text begin Sharing energy assistance program data. new text end new text begin The commissioner may new text end 37.21 new text begin disseminate to the commissioner of human services the name, telephone number, and last new text end 37.22 new text begin four digits of the Social Security number of any individual who applies on behalf of new text end 37.23 new text begin a household for benefits or services provided by the energy assistance program if the new text end 37.24 new text begin household is determined to be eligible for the energy assistance program. new text end 37.25     new text begin Subd. 3. new text end new text begin Use of shared data. new text end new text begin Data disseminated to the commissioner of human new text end 37.26 new text begin services under subdivision 2 may be disclosed to a person other than the subject of the data new text end 37.27 new text begin only for the purpose of determining a household's eligibility for the telephone assistance new text end 37.28 new text begin program pursuant to section 13.46, subdivision 2, clause (23). new text end 37.29     new text begin Subd. 4. new text end new text begin Additional use of energy assistance program data. new text end new text begin The commissioner new text end 37.30 new text begin may use the name, telephone number, and last four digits of the Social Security number of new text end 37.31 new text begin any individual who applies on behalf of a household for benefits or services provided by new text end 37.32 new text begin the energy assistance program for the purpose of determining whether the household is new text end 37.33 new text begin eligible for the telephone assistance program if the household is determined to be eligible new text end 37.34 new text begin for the energy assistance program. new text end 38.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 38.2    Sec. 71. Minnesota Statutes 2010, section 237.701, subdivision 1, is amended to read: 38.3    Subdivision 1. Fund created; authorized expenditures. The telephone assistance 38.4fund is created as a separate account in the state treasury to consist of amounts received 38.5by the commissioner of public safety representing the surcharge authorized by section 38.6237.70, subdivision 6 , and amounts earned on the fund assets. Money in the fund may be 38.7used only for: 38.8(1) reimbursement to local service providers for expenses and credits allowed in 38.9section 237.70, subdivision 7, paragraph (d), clause (5); 38.10(2) reimbursement of the reasonable administrative expenses of the commission, 38.11a portion of which may be used for periodic promotional activities, including, but not 38.12limited to, radio or newspaper advertisements, to inform eligible households of the 38.13availability of the telephone assistance program; and 38.14(3) reimbursement of the statewide indirect cost of the commission new text begin ; and new text end 38.15 new text begin (4) reimbursement of the reasonable expenses of the commissioner of commerce and new text end 38.16 new text begin the commissioner of human services for administering section 216C.266, subdivisions new text end 38.17 new text begin 2 and 4 new text end . 38.18 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 38.19    Sec. 72. new text begin REPEALER. new text end 38.20 new text begin (a) new text end new text begin Minnesota Statutes 2010, section 13.05, subdivisions 1, 2, and 8, new text end new text begin are repealed. new text end 38.21 new text begin (b) new text end new text begin Minnesota Statutes 2010, sections 13.4967, subdivision 6a; and 298.22, new text end 38.22 new text begin subdivision 12, new text end new text begin are repealed retroactively from the date of their final enactment. new text end " 38.23Delete the title and insert: 38.24"A bill for an act 38.25relating to state government; classifying and authorizing sharing of data; 38.26making technical and clarifying changes to data practices and open meeting law 38.27provisions; imposing a limitation on state dependent audits; repealing certain data 38.28practices provisions; adding cross-references to open meeting law provisions 38.29codified elsewhere;amending Minnesota Statutes 2010, sections 13.02, 38.30subdivisions 3, 4, 8a, 9, 12, 13, 14, 15, 16; 13.03, subdivisions 2, 4; 13.072, 38.31subdivision 2; 13.10, subdivision 1; 13.202, subdivision 3; 13.37, subdivisions 1, 38.322; 13.3805, subdivision 1; 13.384, subdivision 1; 13.39, by adding a subdivision; 38.3313.43, subdivision 1, by adding subdivisions; 13.44, subdivision 3; 13.46, 38.34subdivisions 2, 3, 4, 5, 6; 13.462, subdivision 1; 13.47, subdivision 1; 13.485, 38.35by adding subdivisions; 13.548; 13.585, subdivisions 2, 3; 13.601, subdivision 38.363; 13.635, by adding a subdivision; 13.64, by adding a subdivision; 13.643, 38.37subdivisions 5, 7; 13.6435, by adding a subdivision; 13.65, subdivisions 1, 2, 3; 38.3813.679, subdivision 2; 13.719, subdivisions 1, 5; 13.7191, subdivisions 14, 18; 38.3913.72, subdivision 11, by adding a subdivision; 13.7932; 13.82, subdivisions 2, 38.403, 6, 7, by adding a subdivision; 13.83, subdivisions 2, 4, 6; 13.87, subdivision 2; 39.113D.015, subdivision 5; 43A.28; 79A.16; 79A.28; 84.0874; 216C.266; 237.701, 39.2subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 13; 39.313D; 43A; repealing Minnesota Statutes 2010, sections 13.05, subdivisions 1, 2, 39.48; 13.4967, subdivision 6a; 298.22, subdivision 12." 40.1 We request the adoption of this report and repassage of the bill. 40.2 Senate Conferees: 40.3 ..... ..... 40.4 Warren Limmer Scott J. Newman 40.5 ..... 40.6 Dan D. Hall 40.7 House Conferees: 40.8 ..... ..... 40.9 Peggy Scott Mary Liz Holberg 40.10 ..... 40.11 Steve Simon