SF 1143
1st Unofficial Engrossment - 87th Legislature (2011 - 2012)
Posted on 03/19/2012 04:09 p.m.
KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers
1.1A bill for an act
1.2relating to state government; classifying and authorizing sharing of data; making
1.3technical changes to data practices; repealing certain data practices provisions;
1.4modifying the classification of certain loan or equity investment application data;
1.5amending Minnesota Statutes 2010, sections 13.02, subdivisions 3, 4, 8a, 9, 12,
1.613, 14, 15, 16; 13.03, subdivisions 2, 4; 13.072, subdivision 2; 13.10, subdivision
1.71; 13.202, subdivision 3; 13.37, subdivision 1; 13.3805, subdivision 1; 13.384,
1.8subdivision 1; 13.39, by adding a subdivision; 13.43, subdivision 1, by adding
1.9subdivisions; 13.44, subdivision 3; 13.46, subdivisions 2, 3, 4, 5, 6; 13.462,
1.10subdivision 1; 13.47, subdivision 1; 13.485, by adding subdivisions; 13.548;
1.1113.585, subdivisions 2, 3; 13.601, subdivision 3; 13.64, by adding a subdivision;
1.1213.643, subdivisions 5, 7; 13.6435, by adding a subdivision; 13.65, subdivisions
1.131, 2, 3; 13.679, subdivision 2; 13.719, subdivisions 1, 5; 13.7191, subdivisions
1.1414, 18; 13.72, by adding a subdivision; 13.7932; 13.82, subdivisions 2, 3, 6, 7, by
1.15adding a subdivision; 13.83, subdivisions 2, 4, 6; 13.87, subdivision 2; 13D.015,
1.16subdivision 5; 79A.16; 79A.28; 216C.266; 237.701, subdivision 1; proposing
1.17coding for new law in Minnesota Statutes, chapters 13; 13D; repealing Minnesota
1.18Statutes 2010, sections 13.05, subdivisions 1, 2, 8; 13.4967, subdivision 6a;
1.1913.7931, subdivision 6; 84.0874; 298.22, subdivision 12.
1.20BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.21 Section 1. Minnesota Statutes 2010, section 13.02, subdivision 3, is amended to read:
1.22 Subd. 3. Confidential data on individuals. "Confidential data on individuals"
1.23meansnew text begin arenew text end data which is made not public by statute or federal law applicable to the data
1.24and isnew text begin arenew text end inaccessible to the individual subject of thatnew text begin thosenew text end data.
1.25 Sec. 2. Minnesota Statutes 2010, section 13.02, subdivision 4, is amended to read:
1.26 Subd. 4. Data not on individuals. "Data not on individuals" meansnew text begin arenew text end all
1.27government data which isnew text begin that arenew text end not data on individuals.
1.28 Sec. 3. Minnesota Statutes 2010, section 13.02, subdivision 8a, is amended to read:
2.1 Subd. 8a. Not public data. "Not public data" meansnew text begin arenew text end any government data which
2.2is classified by statute, federal law, or temporary classification as confidential, private,
2.3nonpublic, or protected nonpublic.
2.4 Sec. 4. Minnesota Statutes 2010, section 13.02, subdivision 9, is amended to read:
2.5 Subd. 9. Nonpublic data. "Nonpublic data" meansnew text begin arenew text end data not on individuals that
2.6is made by statute or federal law applicable to the data: (a) not accessible to the public;
2.7and (b) accessible to the subject, if any, of the data.
2.8 Sec. 5. Minnesota Statutes 2010, section 13.02, subdivision 12, is amended to read:
2.9 Subd. 12. Private data on individuals. "Private data on individuals" meansnew text begin arenew text end
2.10data which is made by statute or federal law applicable to the data: (a) not public; and
2.11(b) accessible to the individual subject of thatnew text begin thosenew text end data.
2.12 Sec. 6. Minnesota Statutes 2010, section 13.02, subdivision 13, is amended to read:
2.13 Subd. 13. Protected nonpublic data. "Protected nonpublic data" meansnew text begin arenew text end data
2.14not on individuals which is made by statute or federal law applicable to the data (a) not
2.15public and (b) not accessible to the subject of the data.
2.16 Sec. 7. Minnesota Statutes 2010, section 13.02, subdivision 14, is amended to read:
2.17 Subd. 14. Public data not on individuals. "Public data not on individuals" meansnew text begin new text end
2.18new text begin arenew text end data which is accessible to the public pursuant to section
13.03.
2.19 Sec. 8. Minnesota Statutes 2010, section 13.02, subdivision 15, is amended to read:
2.20 Subd. 15. Public data on individuals. "Public data on individuals" meansnew text begin arenew text end data
2.21which is accessible to the public in accordance with the provisions of section
13.03.
2.22 Sec. 9. Minnesota Statutes 2010, section 13.02, subdivision 16, is amended to read:
2.23 Subd. 16. Responsible authority. new text begin (a) new text end "Responsible authority" in a state agency or
2.24statewide system means the state official designated by law or by the commissioner as
2.25the individual responsible for the collection, use and dissemination of any set of data on
2.26individuals, government data, or summary data.
2.27new text begin (b)new text end "Responsible authority" in any political subdivision means the individual
2.28designated by the governing body of that political subdivision as the individual responsible
2.29for the collection, use, and dissemination of any set of data on individuals, government
2.30data, or summary data, unless otherwise provided by state law.new text begin Until an individual is new text end
3.1new text begin designated by the political subdivision's governing body, the responsible authority shall new text end
3.2new text begin be as follows:new text end
3.3new text begin (1) for counties, the county auditor;new text end
3.4new text begin (2) for statutory or home rule charter cities, the elected or appointed city clerk. If the new text end
3.5new text begin home rule charter does not provide for an office of city clerk, the responsible authority new text end
3.6new text begin shall be the chief clerical officer for filing and record-keeping purposes;new text end
3.7new text begin (3) for school districts, the superintendent; andnew text end
3.8new text begin (4) for all other political subdivisions, the chief clerical officer for filing and record new text end
3.9new text begin keeping purposes.new text end
3.10 Sec. 10. new text begin [13.025] GOVERNMENT ENTITY OBLIGATION.new text end
3.11 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
3.12new text begin containing the authority's name, title, address, and a description of each category of new text end
3.13new text begin record, file, or process relating to private or confidential data on individuals maintained new text end
3.14new text begin by the authority's government entity. Forms used to collect private and confidential data new text end
3.15new text begin may be included in the inventory. Beginning August 1, 1977, and annually thereafter, new text end
3.16new text begin the responsible authority shall update the inventory and make any changes necessary new text end
3.17new text begin to maintain the accuracy of the inventory. The inventory shall be available from the new text end
3.18new text begin responsible authority to the public according to the provisions of sections 13.03 and new text end
3.19new text begin 15.17. The commissioner may require responsible authorities to submit copies of the new text end
3.20new text begin inventory and may request additional information relevant to data collection practices, new text end
3.21new text begin policies, and procedures.new text end
3.22 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 data new text end
3.23new text begin access policy and update it no later than August 1 of each year, and at any other time as new text end
3.24new text begin necessary to reflect changes in personnel, procedures, or other circumstances that impact new text end
3.25new text begin the public's ability to access data. The responsible authority shall make copies of the new text end
3.26new text begin policy easily available to the public by distributing free copies to the public or by posting new text end
3.27new text begin it in a conspicuous place within the government entity that is easily accessible to the new text end
3.28new text begin public or by posting it on the government entity's Web site.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
3.30new text begin prepare a written policy of the rights of data subjects under section 13.04, and the specific new text end
3.31new text begin procedures used by the government entity for access by the data subject to public or new text end
3.32new text begin private data on individuals, and update it no later than August 1 of each year, and at any new text end
3.33new text begin other time as necessary to reflect changes in personnel, procedures, or other circumstances new text end
3.34new text begin that impact the public's ability to access data. The responsible authority shall make copies new text end
3.35new text begin of the policy easily available to the public by distributing free copies of it to the public or new text end
4.1new text begin by posting it in a conspicuous place within the government entity that is easily accessible new text end
4.2new text begin to the public or by posting it on the government entity's Web site.new text end
4.3 Sec. 11. Minnesota Statutes 2010, section 13.03, subdivision 2, is amended to read:
4.4 Subd. 2. Procedures. (a) The responsible authority in every government entity shall
4.5establish procedures, consistent with this chapter, to insure that requests for government
4.6data are received and complied with in an appropriate and prompt manner.
4.7(b) The responsible authority shall prepare public access procedures in written form
4.8and update them no later than August 1 of each year as necessary to reflect any changes
4.9in personnel or circumstances that might affect public access to government data. The
4.10responsible authority shall make copies of the written public access procedures easily
4.11available to the public by distributing free copies of the procedures to the public or by
4.12posting a copy of the procedures in a conspicuous place within the government entity that
4.13is easily accessible to the public.
4.14(c)new text begin (b)new text end Full convenience and comprehensive accessibility shall be allowed to
4.15researchers including historians, genealogists and other scholars to carry out extensive
4.16research and complete copying of all records containing government data except as
4.17otherwise expressly provided by law.
4.18A responsible authority may designate one or more designees.
4.19 Sec. 12. Minnesota Statutes 2010, section 13.03, subdivision 4, is amended to read:
4.20 Subd. 4. Change in classification of data; effect of dissemination among
4.21agencies. (a) The classification of new text begin a government entity's new text end data in the possession of an entity
4.22shall change if it is required to do so to comply with either judicial or administrative rules
4.23pertaining to the conduct of legal actions or with a specific statute applicable to the data
4.24in the possession of the disseminating or receiving entity.
4.25 (b) If data on individuals isnew text begin arenew text end classified as both private and confidential by this
4.26chapter, or any other statute or federal law, the data isnew text begin arenew text end private.
4.27 (c) To the extent that government data isnew text begin arenew text end disseminated to a government entity
4.28by another government entity, the data disseminated shall have the same classification
4.29in the hands ofnew text begin atnew text end the entity receiving itnew text begin themnew text end as itnew text begin theynew text end had in the hands ofnew text begin atnew text end the entity
4.30providing itnew text begin themnew text end .
4.31 (d) If a government entity disseminates data to another government entity, a
4.32classification provided for by law in the hands ofnew text begin atnew text end the entity receiving the data does not
4.33affect the classification of the data in the hands ofnew text begin atnew text end the entity that disseminates the data.
5.1 (e) To the extent that judicial branch data isnew text begin arenew text end disseminated to government entities
5.2by the judicial branch, the data disseminated shall have the same level of accessibility
5.3in the hands of the agencynew text begin at the government entitynew text end receiving itnew text begin themnew text end as itnew text begin theynew text end had
5.4in the hands ofnew text begin atnew text end the judicial branch entity providing itnew text begin them. If the data have a specific new text end
5.5new text begin classification in state statute or federal law, the government entity must maintain the new text end
5.6new text begin data according to the specific classificationnew text end .
5.7 Sec. 13. Minnesota Statutes 2010, section 13.072, subdivision 2, is amended to read:
5.8 Subd. 2. Effect. Opinions issued by the commissioner under this section are not
5.9binding on the government entity or members of a body subject to chapter 13D whose
5.10data or performance of duties is the subject of the opinion, but an opinion described in
5.11subdivision 1, paragraph (a), must be given deference by a court or other tribunal in a
5.12proceeding involving the data. The commissioner shall arrange for public dissemination
5.13of opinions issued under this sectionnew text begin , and shall indicate when the principles stated in new text end
5.14new text begin an opinion are not intended to provide guidance to all similarly situated persons or new text end
5.15new text begin government entitiesnew text end . This section does not preclude a person from bringing any other
5.16action under this chapter or other law in addition to or instead of requesting a written
5.17opinion. A government entity, members of a body subject to chapter 13D, or person that
5.18acts in conformity with a written opinion of the commissioner issued to the government
5.19entity, members, or person or to another party is not liable for compensatory or exemplary
5.20damages or awards of attorneys fees in actions for violations arising under section
13.08
5.21or
13.085, or for a penalty under section
13.09 or for fines, awards of attorney fees, or
5.22any other penalty under chapter 13D. A member of a body subject to chapter 13D is not
5.23subject to forfeiture of office if the member was acting in reliance on an opinion.
5.24 Sec. 14. Minnesota Statutes 2010, section 13.10, subdivision 1, is amended to read:
5.25 Subdivision 1. Definitions. As used in this chapter:
5.26(a) "Confidential data on decedents" meansnew text begin arenew text end data which, prior to the death of
5.27the data subject, were classified by statute, federal law, or temporary classification as
5.28confidential data.
5.29(b) "Private data on decedents" meansnew text begin arenew text end data which, prior to the death of the data
5.30subject, were classified by statute, federal law, or temporary classification as private data.
5.31(c) "Representative of the decedent" meansnew text begin isnew text end the personal representative of the
5.32estate of the decedent during the period of administration, or if no personal representative
5.33has been appointed or after dischargenew text begin of the personal representativenew text end , the surviving spouse,
6.1any child of the decedent, or, if there is no surviving spouse or children, the parents of
6.2the decedent.
6.3 Sec. 15. Minnesota Statutes 2010, section 13.202, subdivision 3, is amended to read:
6.4 Subd. 3. Hennepin County. (a) Data collected by the Hennepin Healthcare System,
6.5Inc. are governed under section
383B.17new text begin 383B.917new text end , subdivision 1.
6.6(b) Records of Hennepin County board meetings permitted to be closed under
6.7section
383B.217, subdivision 7, are classified under that subdivision.
6.8 Sec. 16. Minnesota Statutes 2010, section 13.37, subdivision 1, is amended to read:
6.9 Subdivision 1. Definitions. As used in this section, the following terms have the
6.10meanings given them.
6.11(a) "Security information" means government data the disclosure of whichnew text begin the new text end
6.12new text begin responsible authority determinesnew text end would be likely to substantially jeopardize the security of
6.13information, possessions, individuals or property against theft, tampering, improper use,
6.14attempted escape, illegal disclosure, trespass, or physical injury. "Security information"
6.15includes crime prevention block maps and lists of volunteers who participate in community
6.16crime prevention programs and their home addresses and telephone numbers.
6.17(b) "Trade secret information" means government data, including a formula, pattern,
6.18compilation, program, device, method, technique or process (1) that was supplied by the
6.19affected individual or organization, (2) that is the subject of efforts by the individual or
6.20organization that are reasonable under the circumstances to maintain its secrecy, and (3)
6.21that derives independent economic value, actual or potential, from not being generally
6.22known to, and not being readily ascertainable by proper means by, other persons who can
6.23obtain economic value from its disclosure or use.
6.24(c) "Labor relations information" means management positions on economic and
6.25noneconomic items that have not been presented during the collective bargaining process
6.26or interest arbitration, including information specifically collected or created to prepare
6.27the management position.
6.28(d) "Parking space leasing data" means the following government data on an
6.29applicant for, or lessee of, a parking space: residence address, home telephone number,
6.30beginning and ending work hours, place of employment, work telephone number, and
6.31location of the parking space.
6.32new text begin (e) When denying a data request made under section 13.03, a government entity, new text end
6.33new text begin upon request, must provide a short description explaining the necessity for why the new text end
6.34new text begin government data are classified as security information.new text end
7.1 Sec. 17. Minnesota Statutes 2010, section 13.3805, subdivision 1, is amended to read:
7.2 Subdivision 1. Health data generally. (a) Definitions. As used in this subdivision:
7.3(1) "Commissioner" means the commissioner of health.
7.4(2) "Health data" meansnew text begin arenew text end data on individuals created, collected, received, or
7.5maintained by the Department of Health, political subdivisions, or statewide systems
7.6relating to the identification, description, prevention, and control of disease or as part of
7.7an epidemiologic investigation the commissioner designates as necessary to analyze,
7.8describe, or protect the public health.
7.9(b) Data on individuals. (1) Health data are private data on individuals.
7.10Notwithstanding section
13.05, subdivision 9, health data may not be disclosed except as
7.11provided in this subdivision and section
13.04.
7.12(2) The commissioner or a local board of health as defined in section
145A.02,
7.13subdivision 2
, may disclose health data to the data subject's physician as necessary to locate
7.14or identify a case, carrier, or suspect case, to establish a diagnosis, to provide treatment, to
7.15identify persons at risk of illness, or to conduct an epidemiologic investigation.
7.16(3) With the approval of the commissioner, health data may be disclosed to the
7.17extent necessary to assist the commissioner to locate or identify a case, carrier, or suspect
7.18case, to alert persons who may be threatened by illness as evidenced by epidemiologic
7.19data, to control or prevent the spread of serious disease, or to diminish an imminent threat
7.20to the public health.
7.21(c) Health summary data. Summary data derived from data collected under section
7.22145.413
may be provided under section
13.05, subdivision 7.
7.23 Sec. 18. Minnesota Statutes 2010, section 13.384, subdivision 1, is amended to read:
7.24 Subdivision 1. Definition. As used in this section:
7.25 (a) "Directory information" means name of the patient, date admitted, and general
7.26condition.
7.27 (b) "Medical data" meansnew text begin arenew text end data collected because an individual was or is a patient
7.28or client of a hospital, nursing home, medical center, clinic, health or nursing agency
7.29operated by a government entity including business and financial records, data provided
7.30by private health care facilities, and data provided by or about relatives of the individual.
7.31 Sec. 19. Minnesota Statutes 2010, section 13.39, is amended by adding a subdivision
7.32to read:
7.33 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
7.34new text begin government entity's timeliness in responding to a data request.new text end
8.1 Sec. 20. Minnesota Statutes 2010, section 13.43, subdivision 1, is amended to read:
8.2 Subdivision 1. Definition. As used in this section, "personnel data" means
8.3government data on individuals maintained because the individual is or was an employee
8.4of or an applicant for employment by, performs services on a voluntary basis for, or acts
8.5as an independent contractor with a government entity. Personnel data includes data
8.6submitted by an employee to a government entity as part of an organized self-evaluation
8.7effort by the government entity to request suggestions from all employees on ways to cut
8.8costs, make government more efficient, or improve the operation of government. An
8.9employee who is identified in a suggestion shall have access to all data in the suggestion
8.10except the identity of the employee making the suggestion.
8.11 Sec. 21. Minnesota Statutes 2010, section 13.43, is amended by adding a subdivision
8.12to read:
8.13 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
8.14new text begin an employee to a government entity as part of an organized self-evaluation effort by the new text end
8.15new text begin government entity to request suggestions from all employees on ways to cut costs, make new text end
8.16new text begin government more efficient, or improve the operation of government. An employee who is new text end
8.17new text begin identified in a suggestion shall have access to all data in the suggestion except the identity new text end
8.18new text begin of the employee making the suggestion.new text end
8.19 Sec. 22. Minnesota Statutes 2010, section 13.43, is amended by adding a subdivision
8.20to read:
8.21 new text begin Subd. 19.new text end new text begin Employee of contractor or subcontractor.new text end new text begin The personal telephone new text end
8.22new text begin number, home address, and e-mail address of an employee of a contractor or subcontractor new text end
8.23new text begin doing business with a government entity are private data.new text end
8.24 Sec. 23. Minnesota Statutes 2010, section 13.44, subdivision 3, is amended to read:
8.25 Subd. 3. Real property; appraisal data. (a) Confidential or protected nonpublic
8.26data. Estimated or appraised values of individual parcels of real property that are made by
8.27personnel of a government entity or by independent appraisers acting for a government
8.28entity for the purpose of selling or acquiring land through purchase or condemnation are
8.29classified as confidential data on individuals or protected nonpublic data.
8.30 (b) Private or nonpublic data. Appraised values of individual parcels of real
8.31property that are made by appraisers working for fee owners or contract purchasers who
8.32have received an offer to purchase their property from a government entity are classified
8.33as private data on individuals or nonpublic data.
9.1 (c) Public data. The data made confidential or protected nonpublic under paragraph
9.2(a) or made private or nonpublic under paragraph (b) become public upon the occurrence
9.3of any of the following:
9.4 (1) the data are submitted to a court-appointed condemnation commissioner;
9.5 (2) the data are presented in court in condemnation proceedings; or
9.6 (3) the negotiating parties enter into an agreement for the purchase and sale of the
9.7property.
9.8new text begin The data made confidential or protected nonpublic under paragraph (a) also new text end
9.9new text begin become public at the discretion of the government entity, determined by majority vote new text end
9.10new text begin of the entity's governing body, or, in the case of a state agency, as determined by the new text end
9.11new text begin commissioner of the agency.new text end
9.12new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
9.13 Sec. 24. Minnesota Statutes 2010, section 13.46, subdivision 2, is amended to read:
9.14 Subd. 2. General. (a) Unless the data is summary data or a statute specifically
9.15provides a different classification, Data on individuals collected, maintained, used, or
9.16disseminated by the welfare system isnew text begin arenew text end private data on individuals, and shall not be
9.17disclosed except:
9.18 (1) according to section
13.05;
9.19 (2) according to court order;
9.20 (3) according to a statute specifically authorizing access to the private data;
9.21 (4) to an agent of the welfare system, including a law enforcement person, attorney,
9.22or investigator acting for it in the investigation or prosecution of a criminal or civil
9.23proceeding relating to the administration of a program;
9.24 (5) to personnel of the welfare system who require the data to verify an individual's
9.25identity; determine eligibility, amount of assistance, and the need to provide services to
9.26an individual or family across programs; evaluate the effectiveness of programs; assess
9.27parental contribution amounts; and investigate suspected fraud;
9.28 (6) to administer federal funds or programs;
9.29 (7) between personnel of the welfare system working in the same program;
9.30 (8) to the Department of Revenue to assess parental contribution amounts for
9.31purposes of section
252.27, subdivision 2a, administer and evaluate tax refund or tax credit
9.32programs and to identify individuals who may benefit from these programs. The following
9.33information may be disclosed under this paragraph: an individual's and their dependent's
9.34names, dates of birth, Social Security numbers, income, addresses, and other data as
9.35required, upon request by the Department of Revenue. Disclosures by the commissioner
10.1of revenue to the commissioner of human services for the purposes described in this clause
10.2are governed by section
270B.14, subdivision 1. Tax refund or tax credit programs include,
10.3but are not limited to, the dependent care credit under section
290.067, the Minnesota
10.4working family credit under section
290.0671, the property tax refund and rental credit
10.5under section
290A.04, and the Minnesota education credit under section
290.0674;
10.6 (9) between the Department of Human Services, the Department of Employment
10.7and Economic Development, and when applicable, the Department of Education, for
10.8the following purposes:
10.9 (i) to monitor the eligibility of the data subject for unemployment benefits, for any
10.10employment or training program administered, supervised, or certified by that agency;
10.11 (ii) to administer any rehabilitation program or child care assistance program,
10.12whether alone or in conjunction with the welfare system;
10.13 (iii) to monitor and evaluate the Minnesota family investment program or the child
10.14care assistance program by exchanging data on recipients and former recipients of food
10.15support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance
10.16under chapter 119B, or medical programs under chapter 256B, 256D, or 256L; and
10.17 (iv) to analyze public assistance employment services and program utilization,
10.18cost, effectiveness, and outcomes as implemented under the authority established in Title
10.19II, Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of
10.201999. Health records governed by sections
144.291 to 144.298 and "protected health
10.21information" as defined in Code of Federal Regulations, title 45, section
160.103, and
10.22governed by Code of Federal Regulations, title 45, parts 160-164, including health care
10.23claims utilization information, must not be exchanged under this clause;
10.24 (10) to appropriate parties in connection with an emergency if knowledge of
10.25the information is necessary to protect the health or safety of the individual or other
10.26individuals or persons;
10.27 (11) data maintained by residential programs as defined in section
245A.02 may
10.28be disclosed to the protection and advocacy system established in this state according
10.29to Part C of Public Law 98-527 to protect the legal and human rights of persons with
10.30developmental disabilities or other related conditions who live in residential facilities for
10.31these persons if the protection and advocacy system receives a complaint by or on behalf
10.32of that person and the person does not have a legal guardian or the state or a designee of
10.33the state is the legal guardian of the person;
10.34 (12) to the county medical examiner or the county coroner for identifying or locating
10.35relatives or friends of a deceased person;
11.1 (13) data on a child support obligor who makes payments to the public agency
11.2may be disclosed to the Minnesota Office of Higher Education to the extent necessary to
11.3determine eligibility under section
136A.121, subdivision 2, clause (5);
11.4 (14) participant Social Security numbers and names collected by the telephone
11.5assistance program may be disclosed to the Department of Revenue to conduct an
11.6electronic data match with the property tax refund database to determine eligibility under
11.7section
237.70, subdivision 4a;
11.8 (15) the current address of a Minnesota family investment program participant
11.9may be disclosed to law enforcement officers who provide the name of the participant
11.10and notify the agency that:
11.11 (i) the participant:
11.12 (A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after
11.13conviction, for a crime or attempt to commit a crime that is a felony under the laws of the
11.14jurisdiction from which the individual is fleeing; or
11.15 (B) is violating a condition of probation or parole imposed under state or federal law;
11.16 (ii) the location or apprehension of the felon is within the law enforcement officer's
11.17official duties; and
11.18 (iii) the request is made in writing and in the proper exercise of those duties;
11.19 (16) the current address of a recipient of general assistance or general assistance
11.20medical care may be disclosed to probation officers and corrections agents who are
11.21supervising the recipient and to law enforcement officers who are investigating the
11.22recipient in connection with a felony level offense;
11.23 (17) information obtained from food support applicant or recipient households may
11.24be disclosed to local, state, or federal law enforcement officials, upon their written request,
11.25for the purpose of investigating an alleged violation of the Food Stamp Act, according
11.26to Code of Federal Regulations, title 7, section
272.1 (c);
11.27 (18) the address, Social Security number, and, if available, photograph of any
11.28member of a household receiving food support shall be made available, on request, to a
11.29local, state, or federal law enforcement officer if the officer furnishes the agency with the
11.30name of the member and notifies the agency that:
11.31 (i) the member:
11.32 (A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a
11.33crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing;
11.34 (B) is violating a condition of probation or parole imposed under state or federal
11.35law; or
12.1 (C) has information that is necessary for the officer to conduct an official duty related
12.2to conduct described in subitem (A) or (B);
12.3 (ii) locating or apprehending the member is within the officer's official duties; and
12.4 (iii) the request is made in writing and in the proper exercise of the officer's official
12.5duty;
12.6 (19) the current address of a recipient of Minnesota family investment program,
12.7general assistance, general assistance medical care, or food support may be disclosed to
12.8law enforcement officers who, in writing, provide the name of the recipient and notify the
12.9agency that the recipient is a person required to register under section
243.166, but is not
12.10residing at the address at which the recipient is registered under section
243.166;
12.11 (20) certain information regarding child support obligors who are in arrears may be
12.12made public according to section
518A.74;
12.13 (21) data on child support payments made by a child support obligor and data on
12.14the distribution of those payments excluding identifying information on obligees may be
12.15disclosed to all obligees to whom the obligor owes support, and data on the enforcement
12.16actions undertaken by the public authority, the status of those actions, and data on the
12.17income of the obligor or obligee may be disclosed to the other party;
12.18 (22) data in the work reporting system may be disclosed under section
256.998,
12.19subdivision 7
;
12.20 (23) to the Department of Education for the purpose of matching Department of
12.21Education student data with public assistance data to determine students eligible for free
12.22and reduced-price meals, meal supplements, and free milk according to United States
12.23Code, title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and
12.24state funds that are distributed based on income of the student's family; and to verify
12.25receipt of energy assistance for the telephone assistance plan;
12.26 (24) the current address and telephone number of program recipients and emergency
12.27contacts may be released to the commissioner of health or a local board of health as
12.28defined in section
145A.02, subdivision 2, when the commissioner or local board of health
12.29has reason to believe that a program recipient is a disease case, carrier, suspect case, or at
12.30risk of illness, and the data are necessary to locate the person;
12.31 (25) to other state agencies, statewide systems, and political subdivisions of this
12.32state, including the attorney general, and agencies of other states, interstate information
12.33networks, federal agencies, and other entities as required by federal regulation or law for
12.34the administration of the child support enforcement program;
13.1 (26) to personnel of public assistance programs as defined in section
256.741, for
13.2access to the child support system database for the purpose of administration, including
13.3monitoring and evaluation of those public assistance programs;
13.4 (27) to monitor and evaluate the Minnesota family investment program by
13.5exchanging data between the Departments of Human Services and Education, on
13.6recipients and former recipients of food support, cash assistance under chapter 256, 256D,
13.7256J, or 256K, child care assistance under chapter 119B, or medical programs under
13.8chapter 256B, 256D, or 256L;
13.9 (28) to evaluate child support program performance and to identify and prevent
13.10fraud in the child support program by exchanging data between the Department of Human
13.11Services, Department of Revenue under section
270B.14, subdivision 1, paragraphs (a)
13.12and (b), without regard to the limitation of use in paragraph (c), Department of Health,
13.13Department of Employment and Economic Development, and other state agencies as is
13.14reasonably necessary to perform these functions;
13.15 (29) counties operating child care assistance programs under chapter 119B may
13.16disseminate data on program participants, applicants, and providers to the commissioner
13.17of education; or
13.18(30) child support data on the parents and the child may be disclosed to agencies
13.19administering programs under titles IV-B and IV-E of the Social Security Act, as provided
13.20by federal law. Data may be disclosed only to the extent necessary for the purpose of
13.21establishing parentage or for determining who has or may have parental rights with respect
13.22to a child, which could be related to permanency planning.
13.23 (b) Information on persons who have been treated for drug or alcohol abuse may
13.24only be disclosed according to the requirements of Code of Federal Regulations, title
13.2542, sections
2.1 to
2.67.
13.26 (c) Data provided to law enforcement agencies under paragraph (a), clause (15),
13.27(16), (17), or (18), or paragraph (b), are investigative data and are confidential or protected
13.28nonpublic while the investigation is active. The data are private after the investigation
13.29becomes inactive under section
13.82, subdivision 5, paragraph (a) or (b).
13.30 (d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but
13.31isnew text begin arenew text end not subject to the access provisions of subdivision 10, paragraph (b).
13.32 For the purposes of this subdivision, a request will be deemed to be made in writing
13.33if made through a computer interface system.
13.34 Sec. 25. Minnesota Statutes 2010, section 13.46, subdivision 3, is amended to read:
14.1 Subd. 3. Investigative data. (a) Data on persons, including data on vendors of
14.2services, licensees, and applicants that is collected, maintained, used, or disseminated
14.3by the welfare system in an investigation, authorized by statute, and relating to the
14.4enforcement of rules or law isnew text begin arenew text end confidential data on individuals pursuant to section
14.513.02, subdivision 3
, or protected nonpublic data not on individuals pursuant to section
14.613.02, subdivision 13
, and shall not be disclosed except:
14.7(1) pursuant to section
13.05;
14.8(2) pursuant to statute or valid court order;
14.9(3) to a party named in a civil or criminal proceeding, administrative or judicial, for
14.10preparation of defense; or
14.11(4) to provide notices required or permitted by statute.
14.12The data referred to in this subdivision shall be classified as public data upon
14.13its submission to an administrative law judge or court in an administrative or judicial
14.14proceeding. Inactive welfare investigative data shall be treated as provided in section
14.1513.39, subdivision 3
.
14.16(b) Notwithstanding any other provision in law, the commissioner of human services
14.17shall provide all active and inactive investigative data, including the name of the reporter
14.18of alleged maltreatment under section
626.556 or
626.557, to the ombudsman for mental
14.19health and developmental disabilities upon the request of the ombudsman.
14.20 Sec. 26. Minnesota Statutes 2010, section 13.46, subdivision 4, is amended to read:
14.21 Subd. 4. Licensing data. (a) As used in this subdivision:
14.22 (1) "licensing data" meansnew text begin arenew text end all data collected, maintained, used, or disseminated
14.23by the welfare system pertaining to persons licensed or registered or who apply for
14.24licensure or registration or who formerly were licensed or registered under the authority
14.25of the commissioner of human services;
14.26 (2) "client" means a person who is receiving services from a licensee or from an
14.27applicant for licensure; and
14.28 (3) "personal and personal financial data" meansnew text begin arenew text end Social Security numbers,
14.29identity of and letters of reference, insurance information, reports from the Bureau of
14.30Criminal Apprehension, health examination reports, and social/home studies.
14.31 (b)(1)Except as provided in paragraph (c), the following data on applicants, license
14.32holders, and former licensees are public: name, address, telephone number of licensees,
14.33date of receipt of a completed application, dates of licensure, licensed capacity, type of
14.34client preferred, variances granted, record of training and education in child care and child
14.35development, type of dwelling, name and relationship of other family members, previous
15.1license history, class of license, the existence and status of complaints, and the number
15.2of serious injuries to or deaths of individuals in the licensed program as reported to the
15.3commissioner of human services, the local social services agency, or any other county
15.4welfare agency. For purposes of this clause, a serious injury is one that is treated by a
15.5physician.
15.6When a correction order, an order to forfeit a fine, an order of license suspension,
15.7an order of temporary immediate suspension, an order of license revocation, an order
15.8of license denial, or an order of conditional license has been issued, or a complaint is
15.9resolved, the following data on current and former licensees and applicants are public: the
15.10substance and investigative findings of the licensing or maltreatment complaint, licensing
15.11violation, or substantiated maltreatment; the record of informal resolution of a licensing
15.12violation; orders of hearing; findings of fact; conclusions of law; specifications of the final
15.13correction order, fine, suspension, temporary immediate suspension, revocation, denial, or
15.14conditional license contained in the record of licensing action; whether a fine has been
15.15paid; and the status of any appeal of these actions. If a licensing sanction under section
15.16245A.07
, or a license denial under section
245A.05, is based on a determination that the
15.17license holder or applicant is responsible for maltreatment or is disqualified under chapter
15.18245C, the identity of the license holder or applicant as the individual responsible for
15.19maltreatment or as the disqualified individual is public data at the time of the issuance of
15.20the licensing sanction or denial.
15.21 (2) Notwithstanding sections
626.556, subdivision 11, and
626.557, subdivision 12b,
15.22when any person subject to disqualification under section
245C.14 in connection with a
15.23license to provide family day care for children, child care center services, foster care
15.24for children in the provider's home, or foster care or day care services for adults in the
15.25provider's home is a substantiated perpetrator of maltreatment, and the substantiated
15.26maltreatment is a reason for a licensing action, the identity of the substantiated perpetrator
15.27of maltreatment is public data. For purposes of this clause, a person is a substantiated
15.28perpetrator if the maltreatment determination has been upheld under section
256.045;
15.29626.556, subdivision 10i
;
626.557, subdivision 9d; or chapter 14, or if an individual or
15.30facility has not timely exercised appeal rights under these sections, except as provided
15.31under clause (1).
15.32 (3) For applicants who withdraw their application prior to licensure or denial of a
15.33license, the following data are public: the name of the applicant, the city and county in
15.34which the applicant was seeking licensure, the dates of the commissioner's receipt of the
15.35initial application and completed application, the type of license sought, and the date
15.36of withdrawal of the application.
16.1 (4) For applicants who are denied a license, the following data are public: the name
16.2and address of the applicant, the city and county in which the applicant was seeking
16.3licensure, the dates of the commissioner's receipt of the initial application and completed
16.4application, the type of license sought, the date of denial of the application, the nature of
16.5the basis for the denial, the record of informal resolution of a denial, orders of hearings,
16.6findings of fact, conclusions of law, specifications of the final order of denial, and the
16.7status of any appeal of the denial.
16.8 (5) The following data on persons subject to disqualification under section
245C.14
16.9in connection with a license to provide family day care for children, child care center
16.10services, foster care for children in the provider's home, or foster care or day care services
16.11for adults in the provider's home, are public: the nature of any disqualification set
16.12aside under section
245C.22, subdivisions 2 and 4, and the reasons for setting aside the
16.13disqualification; the nature of any disqualification for which a variance was granted under
16.14sections
245A.04, subdivision 9; and
245C.30, and the reasons for granting any variance
16.15under section
245A.04, subdivision 9; and, if applicable, the disclosure that any person
16.16subject to a background study under section
245C.03, subdivision 1, has successfully
16.17passed a background study. If a licensing sanction under section
245A.07, or a license
16.18denial under section
245A.05, is based on a determination that an individual subject to
16.19disqualification under chapter 245C is disqualified, the disqualification as a basis for the
16.20licensing sanction or denial is public data. As specified in clause (1), if the disqualified
16.21individual is the license holder or applicant, the identity of the license holder or applicant
16.22is public data. If the disqualified individual is an individual other than the license holder
16.23or applicant, the identity of the disqualified individual shall remain private data.
16.24 (6) When maltreatment is substantiated under section
626.556 or
626.557 and the
16.25victim and the substantiated perpetrator are affiliated with a program licensed under
16.26chapter 245A, the commissioner of human services, local social services agency, or
16.27county welfare agency may inform the license holder where the maltreatment occurred of
16.28the identity of the substantiated perpetrator and the victim.
16.29 (7) Notwithstanding clause (1), for child foster care, only the name of the license
16.30holder and the status of the license are public if the county attorney has requested that data
16.31otherwise classified as public data under clause (1) be considered private data based on the
16.32best interests of a child in placement in a licensed program.
16.33 (c) The following are private data on individuals under section
13.02, subdivision
16.3412
, or nonpublic data under section
13.02, subdivision 9: personal and personal financial
16.35data on family day care program and family foster care program applicants and licensees
16.36and their family members who provide services under the license.
17.1 (d) The following are private data on individuals: the identity of persons who have
17.2made reports concerning licensees or applicants that appear in inactive investigative data,
17.3and the records of clients or employees of the licensee or applicant for licensure whose
17.4records are received by the licensing agency for purposes of review or in anticipation of a
17.5contested matter. The names of reporters of complaints or alleged violations of licensing
17.6standards under chapters 245A, 245B, 245C, and applicable rules and alleged maltreatment
17.7under sections
626.556 and
626.557, are confidential data and may be disclosed only as
17.8provided in section
626.556, subdivision 11, or
626.557, subdivision 12b.
17.9 (e) Data classified as private, confidential, nonpublic, or protected nonpublic under
17.10this subdivision become public data if submitted to a court or administrative law judge as
17.11part of a disciplinary proceeding in which there is a public hearing concerning a license
17.12which has been suspended, immediately suspended, revoked, or denied.
17.13 (f) Data generated in the course of licensing investigations that relate to an alleged
17.14violation of law are investigative data under subdivision 3.
17.15 (g) Data that are not public data collected, maintained, used, or disseminated under
17.16this subdivision that relate to or are derived from a report as defined in section
626.556,
17.17subdivision 2
, or
626.5572, subdivision 18, are subject to the destruction provisions of
17.18sections
626.556, subdivision 11c, and
626.557, subdivision 12b.
17.19 (h) Upon request, not public data collected, maintained, used, or disseminated under
17.20this subdivision that relate to or are derived from a report of substantiated maltreatment as
17.21defined in section
626.556 or
626.557 may be exchanged with the Department of Health
17.22for purposes of completing background studies pursuant to section
144.057 and with
17.23the Department of Corrections for purposes of completing background studies pursuant
17.24to section
241.021.
17.25 (i) Data on individuals collected according to licensing activities under chapters
17.26245A and 245C, and data on individuals collected by the commissioner of human services
17.27according to maltreatment investigations under sections
626.556 and
626.557, may be
17.28shared with the Department of Human Rights, the Department of Health, the Department
17.29of Corrections, the ombudsman for mental health and developmental disabilities, and
17.30the individual's professional regulatory board when there is reason to believe that laws
17.31or standards under the jurisdiction of those agencies may have been violated. Unless
17.32otherwise specified in this chapter, the identity of a reporter of alleged maltreatment or
17.33licensing violations may not be disclosed.
17.34 (j) In addition to the notice of determinations required under section
626.556,
17.35subdivision 10f
, if the commissioner or the local social services agency has determined
17.36that an individual is a substantiated perpetrator of maltreatment of a child based on sexual
18.1abuse, as defined in section
626.556, subdivision 2, and the commissioner or local social
18.2services agency knows that the individual is a person responsible for a child's care in
18.3another facility, the commissioner or local social services agency shall notify the head
18.4of that facility of this determination. The notification must include an explanation of the
18.5individual's available appeal rights and the status of any appeal. If a notice is given under
18.6this paragraph, the government entity making the notification shall provide a copy of the
18.7notice to the individual who is the subject of the notice.
18.8 (k) All not public data collected, maintained, used, or disseminated under this
18.9subdivision and subdivision 3 may be exchanged between the Department of Human
18.10Services, Licensing Division, and the Department of Corrections for purposes of
18.11regulating services for which the Department of Human Services and the Department
18.12of Corrections have regulatory authority.
18.13 Sec. 27. Minnesota Statutes 2010, section 13.46, subdivision 5, is amended to read:
18.14 Subd. 5. Medical data; contracts. Data relating to the medical, psychiatric, or
18.15mental health of any individual, including diagnosis, progress charts, treatment received,
18.16case histories, and opinions of health care providers, that is collected,new text begin arenew text end maintained,
18.17used, or disseminated by any agency to the welfare system is private data on individuals
18.18and will be available to the data subject, unless the private health care provider has clearly
18.19requested in writing that the data be withheld pursuant to sections
144.291 to 144.298.
18.20Data on individuals that is collected, maintained, used, or disseminated by a private health
18.21care provider under contract to any agency of the welfare system isnew text begin arenew text end private data on
18.22individuals, and isnew text begin arenew text end subject to the provisions of sections
13.02 to
13.07 and this section,
18.23except that the provisions of section
13.04, subdivision 3, shall not apply. Access to
18.24medical data referred to in this subdivision by the individual who is the subject of the data
18.25is subject to the provisions of sections
144.291 to 144.298. Access to information that is
18.26maintained by the public authority responsible for support enforcement and that is needed
18.27to enforce medical support is subject to the provisions of section
518A.41.
18.28 Sec. 28. Minnesota Statutes 2010, section 13.46, subdivision 6, is amended to read:
18.29 Subd. 6. Other data. Data collected, used, maintained, or disseminated by the
18.30welfare system that isnew text begin arenew text end not data on individuals isnew text begin arenew text end public pursuant to section
13.03,
18.31except the following data:
18.32(a) investigative data classified by section
13.39;
18.33(b) welfare investigative data classified by section
13.46, subdivision 3; and
18.34(c) security information classified by section
13.37, subdivision 2.
19.1 Sec. 29. Minnesota Statutes 2010, section 13.462, subdivision 1, is amended to read:
19.2 Subdivision 1. Definition. As used in this section, "benefit data" meansnew text begin arenew text end data on
19.3individuals collected or created because an individual seeks information about becoming,
19.4is, or was an applicant for or a recipient of benefits or services provided under various
19.5housing, home ownership, rehabilitation and community action agency, Head Start, and
19.6food assistance programs administered by government entities. Benefit data does not
19.7include welfare data which shall be administered in accordance with section
13.46.
19.8 Sec. 30. Minnesota Statutes 2010, section 13.47, subdivision 1, is amended to read:
19.9 Subdivision 1. Definitions. (a) "Employment and training data" meansnew text begin arenew text end data on
19.10individuals collected, maintained, used, or disseminated because an individual applies for,
19.11is currently enrolled in, or has been enrolled in employment and training programs funded
19.12with federal, state, or local resources, including those provided under the Workforce
19.13Investment Act of 1998, United States Code, title 29, section 2801.
19.14(b) "Employment and training service provider" means an entity certified, or seeking
19.15to be certified, by the commissioner of employment and economic development to
19.16deliver employment and training services under section
116J.401, subdivision 2, or an
19.17organization that contracts with a certified entity or the Department of Employment and
19.18Economic Development to deliver employment and training services.
19.19(c) "Provider of training services" means an organization or entity that provides
19.20training under the Workforce Investment Act of 1998, United States Code, title 29,
19.21section 2801.
19.22 Sec. 31. Minnesota Statutes 2010, section 13.485, is amended by adding a subdivision
19.23to read:
19.24 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
19.25new text begin by a corporation created by a political subdivision before May 31, 1997, are governed by new text end
19.26new text begin section 465.719, subdivision 14.new text end
19.27 Sec. 32. Minnesota Statutes 2010, section 13.485, is amended by adding a subdivision
19.28to read:
19.29 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
19.30new text begin Northern Technology Initiative, Inc. are classified under section 116T.02, subdivisions new text end
19.31new text begin 7 and 8.new text end
20.1 Sec. 33. Minnesota Statutes 2010, section 13.548, is amended to read:
20.213.548 SOCIAL RECREATIONAL DATA.
20.3The following data collected and maintained by political subdivisions for the purpose
20.4of enrolling individuals in recreational and other social programs are classified as private,
20.5pursuant to section
13.02, subdivision 12: the name, address, telephone number, any other
20.6data that identifiesnew text begin identifynew text end the individual, and any data which describes the health or
20.7medical condition of the individual, family relationships and living arrangements of an
20.8individual or which are opinions as to the emotional makeup or behavior of an individual.
20.9 Sec. 34. Minnesota Statutes 2010, section 13.585, subdivision 2, is amended to read:
20.10 Subd. 2. Confidential data. The following data on individuals maintained by the
20.11housing agency are classified as confidential data, pursuant to section
13.02, subdivision
20.123
: correspondence between the agency and the agency's attorney containing data collected
20.13as part of an active investigation undertaken for the purpose of the commencement or
20.14defense of potential or actual litigation, including but not limited to: referrals to the Office
20.15of the Inspector General or other prosecuting agencies for possible prosecution for fraud;
20.16initiation of lease terminations and eviction actions; admission denial hearings concerning
20.17prospective tenants; commencement of actions against independent contractors of the
20.18agency; and tenant grievance hearings.
20.19 Sec. 35. Minnesota Statutes 2010, section 13.585, subdivision 3, is amended to read:
20.20 Subd. 3. Protected nonpublic data. The following data not on individuals
20.21maintained by the housing agency are classified as protected nonpublic data, pursuant
20.22to section
13.02, subdivision 13: correspondence between the agency and the agency's
20.23attorney containing data collected as part of an active investigation undertaken for the
20.24purpose of the commencement or defense of potential or actual litigation, including but
20.25not limited to, referrals to the Office of the Inspector General or other prosecuting bodies
20.26or agencies for possible prosecution for fraud and commencement of actions against
20.27independent contractors of the agency.
20.28 Sec. 36. Minnesota Statutes 2010, section 13.601, subdivision 3, is amended to read:
20.29 Subd. 3. Applicants for appointment. (a) Data about applicants for appointment to
20.30a public body collected by a government entity as a result of the applicant's application for
20.31appointment to the public body are private data on individuals except that the following
20.32are public:
20.33 (1) name;
21.1 (2) city of residence, except when the appointment has a residency requirement that
21.2requires the entire address to be public;
21.3 (3) education and training;
21.4 (4) employment history;
21.5 (5) volunteer work;
21.6 (6) awards and honors;
21.7 (7) prior government service; and
21.8 (8) any data required to be provided or that isnew text begin arenew text end voluntarily provided in an
21.9application for appointment to a multimember agency pursuant to section
15.0597.new text begin ; andnew text end
21.10new text begin (9) veteran status.new text end
21.11 (b) Once an individual is appointed to a public body, the following additional items
21.12of data are public:
21.13 (1) residential address; and
21.14 (2) either a telephone number or electronic mail address where the appointee can be
21.15reached, or both at the request of the appointee.new text begin ;new text end
21.16new text begin (3) first and last dates of service on the public body;new text end
21.17new text begin (4) the existence and status of any complaints or charges against an appointee; andnew text end
21.18new text begin (5) upon completion of an investigation of a complaint or charge against an new text end
21.19new text begin appointee, the final investigative report is public, unless access to the data would new text end
21.20new text begin jeopardize an active investigation.new text end
21.21 (c) Notwithstanding paragraph (b), any electronic mail address or telephone number
21.22provided by a public body for use by an appointee shall be public. An appointee may
21.23use an electronic mail address or telephone number provided by the public body as the
21.24designated electronic mail address or telephone number at which the appointee can be
21.25reached.
21.26 Sec. 37. Minnesota Statutes 2010, section 13.64, is amended by adding a subdivision
21.27to read:
21.28 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
21.29new text begin fiscal note" means a fiscal note requested by or on behalf of a member of the legislature new text end
21.30new text begin on draft language for a bill that has not been introduced.new text end
21.31new text begin (b) This paragraph applies if a request for an unofficial fiscal note is accompanied new text end
21.32new text begin by a directive from the requester that the data be classified under this paragraph. new text end
21.33new text begin Government data on the request, the bill draft, and the unofficial fiscal note are private new text end
21.34new text begin data on individuals or nonpublic data, provided that the data are accessible to, and new text end
21.35new text begin may be disclosed by, the requester. If the unofficial fiscal note or an updated version new text end
22.1new text begin is subsequently used for an introduced bill, or for any portion of any other bill which new text end
22.2new text begin legislative action is taken, the fiscal note becomes public data.new text end
22.3 Sec. 38. Minnesota Statutes 2010, section 13.643, subdivision 5, is amended to read:
22.4 Subd. 5. Data received from federal government. All data received by the
22.5Department of Agriculture from the United States Department of Health and Human
22.6Services, the Food and Drug Administration, and the Agriculture, Food Safety, and
22.7Inspection Service that isnew text begin arenew text end necessary for the purpose of carrying out the Department
22.8of Agriculture's statutory food safety regulatory and enforcement duties are classified
22.9as nonpublic data under section
13.02, subdivision 9, and private data on individuals
22.10under section
13.02, subdivision 12. This section does not preclude the obligation of the
22.11Department of Agriculture to appropriately inform consumers of issues that could affect
22.12public health.
22.13 Sec. 39. Minnesota Statutes 2010, section 13.643, subdivision 7, is amended to read:
22.14 Subd. 7. Research, monitoring, or assessment data. (a) Except as provided in
22.15paragraph (b), the following data created, collected, and maintained by the Department of
22.16Agriculture during research, monitoring, or the assessment of farm practices and related
22.17to natural resources, the environment, agricultural facilities, or agricultural practices are
22.18classified as private or nonpublic:
22.19(1) names, addresses, telephone numbers, and e-mail addresses of study participants
22.20or cooperators; and
22.21(2) location of research, study site, and global positioning system data.
22.22(b) The following data isnew text begin arenew text end public:
22.23(1) location data and unique well numbers for wells and springs unless protected
22.24under section
18B.10 or another statute or rule; and
22.25(2) data from samples collected from a public water supply as defined in section
22.26144.382, subdivision 4
.
22.27(c) The Department of Agriculture may disclose data collected under paragraph (a) if
22.28the Department of Agriculture determines that there is a substantive threat to human health
22.29and safety or to the environment, or to aid in the law enforcement process. The Department
22.30of Agriculture may also disclose data with written consent of the subject of the data.
22.31 Sec. 40. Minnesota Statutes 2010, section 13.6435, is amended by adding a subdivision
22.32to read:
23.1 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
23.2new text begin and disclosure statements submitted to the commissioner of agriculture regarding new text end
23.3new text begin ethanol producer payments pursuant to section 41A.09 are governed by section 41A.09, new text end
23.4new text begin subdivision 3a.new text end
23.5 Sec. 41. Minnesota Statutes 2010, section 13.65, subdivision 1, is amended to read:
23.6 Subdivision 1. Private data. The following data created, collected and maintained
23.7by the Office of the Attorney General are classified as private data on individuals:
23.8(a) the record, including but not limited to, the transcript and exhibits of all
23.9disciplinary proceedings held by a state agency, board or commission, except in those
23.10instances where there is a public hearing;
23.11(b) communications and noninvestigative files regarding administrative or policy
23.12matters which do not evidence final public actions;
23.13(c) consumer complaint data, other than thatnew text begin thosenew text end data classified as confidential,
23.14including consumers' complaints against businesses and follow-up investigative materials;
23.15(d) investigative data, obtained in anticipation of, or in connection with litigation or
23.16an administrative proceeding where the investigation is not currently active; and
23.17(e) data collected by the Consumer Division of the Attorney General's Office in its
23.18administration of the home protection hot line including: the name, address, and phone
23.19number of the consumer; the name and address of the mortgage company; the total amount
23.20of the mortgage; the amount of money needed to bring the delinquent mortgage current;
23.21the consumer's place of employment; the consumer's total family income; and the history
23.22of attempts made by the consumer to renegotiate a delinquent mortgage.
23.23 Sec. 42. Minnesota Statutes 2010, section 13.65, subdivision 2, is amended to read:
23.24 Subd. 2. Confidential data. The following data created, collected and maintained
23.25by the Office of the Attorney General are classified as confidential, pursuant to section
23.2613.02, subdivision 3
: data acquired through communications made in official confidence
23.27to members of the attorney general's staff where the public interest would suffer by
23.28disclosure of the data.
23.29 Sec. 43. Minnesota Statutes 2010, section 13.65, subdivision 3, is amended to read:
23.30 Subd. 3. Public data. Data describing the final disposition of disciplinary
23.31proceedings held by any state agency, boardnew text begin ,new text end or commission are classified as public,
23.32pursuant to section
13.02, subdivision 15.
24.1 Sec. 44. Minnesota Statutes 2010, section 13.679, subdivision 2, is amended to read:
24.2 Subd. 2. Utility or telephone company employee or customer. (a) The following
24.3are private data on individuals: data collected by the commissioner of commerce or the
24.4Public Utilities Commission, including the names or any other data that would reveal the
24.5identity of either an employee or customer of a telephone company or public utility who
24.6files a complaint or provides information regarding a violation or suspected violation by
24.7the telephone company or public utility of any federal or state law or rule; except thisnew text begin thesenew text end
24.8data may be released as needed to law enforcement authorities.
24.9(b) The following are private data on individuals: data collected by the commission
24.10or the commissioner of commerce on individual public utility or telephone company
24.11customers or prospective customers, including copies of tax forms, needed to administer
24.12federal or state programs that provide relief from telephone company bills, public utility
24.13bills, or cold weather disconnection. The determination of eligibility of the customers
24.14or prospective customers may be released to public utilities or telephone companies to
24.15administer the programs.
24.16 Sec. 45. Minnesota Statutes 2010, section 13.719, subdivision 1, is amended to read:
24.17 Subdivision 1. Comprehensive health insurance data. (a) The following data
24.18on eligible persons and enrollees of the state comprehensive health insurance plan are
24.19classified as private: all data collected or maintained by the Minnesota Comprehensive
24.20Health Association, the writing carrier, and the Department of Commerce.
24.21(b) The Minnesota Comprehensive Health Association is considered a state agency
24.22for purposes of this chapter.
24.23(c) The Minnesota Comprehensive Health Association may disclose data on eligible
24.24persons and enrollees of the state comprehensive health insurance plan to conduct actuarial
24.25and research studies, notwithstanding the classification of thisnew text begin thesenew text end data, if:
24.26(1) the board authorizes the disclosure;
24.27(2) no individual may be identified in the actuarial or research report;
24.28(3) materials allowing an individual to be identified are returned or destroyed as soon
24.29as they are no longer needed; and
24.30(4) the actuarial or research organization agrees not to disclose the information
24.31unless the disclosure would be permitted under this chapter is made by the association.
24.32 Sec. 46. Minnesota Statutes 2010, section 13.719, subdivision 5, is amended to read:
25.1 Subd. 5. Data on insurance companies and township mutual companies. The
25.2following data collected and maintained by the Department of Commerce are classified
25.3as nonpublic data:
25.4(a) that portion of any of the following data which would identify the affected
25.5insurance company or township mutual company: (1) any order issued pursuant to
25.6section
60A.031, subdivision 5, or
67A.241, subdivision 4, and based in whole or in
25.7part upon a determination or allegation by the Commerce Department or commissioner
25.8that an insurance company or township mutual company is in an unsound, impaired, or
25.9potentially unsound or impaired condition; or (2) any stipulation, consent agreement, letter
25.10agreement, or similar document evidencing the settlement of any proceeding commenced
25.11pursuant to an order of a type described in clause (1), or an agreement between the
25.12department and an insurance company or township mutual company entered in lieu of the
25.13issuance of an order of the type described in clause (1); and
25.14(b) any correspondence or attachments relating to the data listed in this subdivision.
25.15 Sec. 47. Minnesota Statutes 2010, section 13.7191, subdivision 14, is amended to read:
25.16 Subd. 14. Requirements for health plan companies. (a) Minnesota Risk
25.17Adjustment Association. Data privacy issues concerning the Minnesota Risk Adjustment
25.18Association are governed by section
62Q.03, subdivision 9.
25.19(b) Essential community provider. Data on applications for designation as an
25.20essential community provider are classified under section
62Q.19, subdivision 2.
25.21(c) Disclosure of executive compensation. Disclosure of certain data to consumer
25.22advisory boards is governed by section
62Q.64.
25.23new 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
25.24new text begin independent organization related to an audit report are governed by section 62Q.37, new text end
25.25new text begin subdivision 8.new text end
25.26 Sec. 48. Minnesota Statutes 2010, section 13.7191, subdivision 18, is amended to read:
25.27 Subd. 18. Workers' compensation self-insurance. (a) Self-Insurers' Advisory
25.28Committee. Data received by the Self-Insurers' Advisory Committee from the
25.29commissioner are classified under section
79A.02, subdivision 2.
25.30(b) Self-insurers' security fund. Disclosure of certain data received by the
25.31self-insurers' security is governed by section
79A.09, subdivision 4.
25.32(c) Commercial self-insurers' security fund. Disclosure of certain data received by
25.33the commercial self-insurers' security fund is governed by section
79A.26, subdivision 4.
26.1new 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
26.2new text begin its board of trustees are governed by section 79A.16.new text end
26.3new 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
26.4new text begin self-insurance group security fund and its board of trustees are governed by section new text end
26.5new text begin 79A.28.new text end
26.6 Sec. 49. Minnesota Statutes 2010, section 13.72, is amended by adding a subdivision
26.7to read:
26.8 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
26.9new text begin by the Department of Transportation to administer the adopt-a-highway program are new text end
26.10new text begin classified as private data on individuals: home addresses, except for zip codes; home new text end
26.11new text begin e-mail addresses; and home telephone numbers.new text end
26.12 Sec. 50. Minnesota Statutes 2010, section 13.7932, is amended to read:
26.1313.7932 LOGGER SAFETY AND EDUCATION PROGRAM DATA.
26.14 The following data collected from persons who attend safety and education programs
26.15or seminars for loggers established or approved by the commissioner under section
26.16176.130, subdivision
11, isnew text begin arenew text end public data:
26.17 (1) the names of the individuals attending the program or seminar;
26.18 (2) the names of each attendee's employer;
26.19 (3) the city where the employer is located;
26.20 (4) the date the program or seminar was held; and
26.21 (5) a description of the seminar or program.
26.22 Sec. 51. Minnesota Statutes 2010, section 13.82, subdivision 2, is amended to read:
26.23 Subd. 2. Arrest data. The following data created or collected by law enforcement
26.24agencies which documentsnew text begin documentnew text end any actions taken by them to cite, arrest, incarcerate
26.25or otherwise substantially deprive an adult individual of liberty shall be public at all
26.26times in the originating agency:
26.27(a) time, date and place of the action;
26.28(b) any resistance encountered by the agency;
26.29(c) any pursuit engaged in by the agency;
26.30(d) whether any weapons were used by the agency or other individual;
26.31(e) the charge, arrest or search warrants, or other legal basis for the action;
26.32(f) the identities of the agencies, units within the agencies and individual persons
26.33taking the action;
27.1(g) whether and where the individual is being held in custody or is being incarcerated
27.2by the agency;
27.3(h) the date, time and legal basis for any transfer of custody and the identity of the
27.4agency or person who received custody;
27.5(i) the date, time and legal basis for any release from custody or incarceration;
27.6(j) the name, age, sex and last known address of an adult person or the age and sex
27.7of any juvenile person cited, arrested, incarcerated or otherwise substantially deprived
27.8of liberty;
27.9(k) whether the agency employed wiretaps or other eavesdropping techniques, unless
27.10the release of this specific data would jeopardize an ongoing investigation;
27.11(l) the manner in which the agencies received the information that led to the arrest
27.12and the names of individuals who supplied the information unless the identities of those
27.13individuals qualify for protection under subdivision 17; and
27.14(m) response or incident report number.
27.15 Sec. 52. Minnesota Statutes 2010, section 13.82, subdivision 3, is amended to read:
27.16 Subd. 3. Request for service data. The following data created or collected by
27.17law enforcement agencies which documentsnew text begin documentnew text end requests by the public for law
27.18enforcement services shall be public government data:
27.19(a) the nature of the request or the activity complained of;
27.20(b) the name and address of the individual making the request unless the identity of
27.21the individual qualifies for protection under subdivision 17;
27.22(c) the time and date of the request or complaint; and
27.23(d) the response initiated and the response or incident report number.
27.24 Sec. 53. Minnesota Statutes 2010, section 13.82, subdivision 6, is amended to read:
27.25 Subd. 6. Response or incident data. The following data created or collected by
27.26law enforcement agencies which documentsnew text begin documentnew text end the agency's response to a request
27.27for service including, but not limited to, responses to traffic accidents, or which describesnew text begin new text end
27.28new text begin describenew text end actions taken by the agency on its own initiative shall be public government data:
27.29(a) date, time and place of the action;
27.30(b) agencies, units of agencies and individual agency personnel participating in the
27.31action unless the identities of agency personnel qualify for protection under subdivision 17;
27.32(c) any resistance encountered by the agency;
27.33(d) any pursuit engaged in by the agency;
27.34(e) whether any weapons were used by the agency or other individuals;
28.1(f) a brief factual reconstruction of events associated with the action;
28.2(g) names and addresses of witnesses to the agency action or the incident unless the
28.3identity of any witness qualifies for protection under subdivision 17;
28.4(h) names and addresses of any victims or casualties unless the identities of those
28.5individuals qualify for protection under subdivision 17;
28.6(i) the name and location of the health care facility to which victims or casualties
28.7were taken;
28.8(j) response or incident report number;
28.9(k) dates of birth of the parties involved in a traffic accident;
28.10(l) whether the parties involved were wearing seat belts; and
28.11(m) the alcohol concentration of each driver.
28.12 Sec. 54. Minnesota Statutes 2010, section 13.82, subdivision 7, is amended to read:
28.13 Subd. 7. Criminal investigative data. Except for the data defined in subdivisions
28.142, 3, and 6, investigative data collected or created by a law enforcement agency in order
28.15to prepare a case against a person, whether known or unknown, for the commission of a
28.16crime or other offense for which the agency has primary investigative responsibility isnew text begin arenew text end
28.17confidential or protected nonpublic while the investigation is active. Inactive investigative
28.18data isnew text begin arenew text end public unless the release of the data would jeopardize another ongoing
28.19investigation or would reveal the identity of individuals protected under subdivision 17.
28.20Photographs which are part of inactive investigative files and which are clearly offensive
28.21to common sensibilities are classified as private or nonpublic data, provided that the
28.22existence of the photographs shall be disclosed to any person requesting access to the
28.23inactive investigative file. An investigation becomes inactive upon the occurrence of any
28.24of the following events:
28.25(a) a decision by the agency or appropriate prosecutorial authority not to pursue
28.26the case;
28.27(b) expiration of the time to bring a charge or file a complaint under the applicable
28.28statute of limitations, or 30 years after the commission of the offense, whichever comes
28.29earliest; or
28.30(c) exhaustion of or expiration of all rights of appeal by a person convicted on
28.31the basis of the investigative data.
28.32Any investigative data presented as evidence in court shall be public. Data
28.33determined to be inactive under clause (a) may become active if the agency or appropriate
28.34prosecutorial authority decides to renew the investigation.
29.1During the time when an investigation is active, any person may bring an action in
29.2the district court located in the county where the data isnew text begin arenew text end being maintained to authorize
29.3disclosure of investigative data. The court may order that all or part of the data relating to
29.4a particular investigation be released to the public or to the person bringing the action. In
29.5making the determination as to whether investigative data shall be disclosed, the court
29.6shall consider whether the benefit to the person bringing the action or to the public
29.7outweighs any harm to the public, to the agency or to any person identified in the data.
29.8The data in dispute shall be examined by the court in camera.
29.9 Sec. 55. Minnesota Statutes 2010, section 13.82, is amended by adding a subdivision
29.10to read:
29.11 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
29.12new text begin that become inactive under subdivision 7 that are a person's financial account number or new text end
29.13new text begin transaction numbers are private or nonpublic data.new text end
29.14 Sec. 56. Minnesota Statutes 2010, section 13.83, subdivision 2, is amended to read:
29.15 Subd. 2. Public data. Unless specifically classified otherwise by state statute or
29.16federal law, the following data created or collected by a medical examiner or coroner on
29.17a deceased individual isnew text begin arenew text end public: name of the deceased; date of birth; date of death;
29.18address; sex; race; citizenship; height; weight; hair color; eye color; build; complexion;
29.19age, if known, or approximate age; identifying marks, scars and amputations; a description
29.20of the decedent's clothing; marital status; location of death including name of hospital
29.21where applicable; name of spouse; whether or not the decedent ever served in the armed
29.22forces of the United States; occupation; business; father's name (also birth name, if
29.23different); mother's name (also birth name, if different); birthplace; birthplace of parents;
29.24cause of death; causes of cause of death; whether an autopsy was performed and if so,
29.25whether it was conclusive; date and place of injury, if applicable, including work place;
29.26how injury occurred; whether death was caused by accident, suicide, homicide, or was
29.27of undetermined cause; certification of attendance by physician; physician's name and
29.28address; certification by coroner or medical examiner; name and signature of coroner
29.29or medical examiner; type of disposition of body; burial place name and location, if
29.30applicable; date of burial, cremation or removal; funeral home name and address; and
29.31name of local register or funeral director.
29.32 Sec. 57. Minnesota Statutes 2010, section 13.83, subdivision 4, is amended to read:
30.1 Subd. 4. Investigative data. Data created or collected by a county coroner or
30.2medical examiner which isnew text begin arenew text end part of an active investigation mandated by chapter 390, or
30.3any other general or local law relating to coroners or medical examiners isnew text begin arenew text end confidential
30.4data or protected nonpublic data, until the completion of the coroner's or medical
30.5examiner's final summary of findings but may be disclosed to a state or federal agency
30.6charged by law with investigating the death of the deceased individual about whom the
30.7medical examiner or coroner has medical examiner data. Upon completion of the coroner's
30.8or medical examiner's final summary of findings, the data collected in the investigation
30.9and the final summary of it are private or nonpublic data. However, if the final summary
30.10and the record of death indicate the manner of death is homicide, undetermined, or
30.11pending investigation and there is an active law enforcement investigation, within the
30.12meaning of section
13.82, subdivision 7, relating to the death of the deceased individual,
30.13the data remain confidential or protected nonpublic. Upon review by the county attorney
30.14of the jurisdiction in which the law enforcement investigation is active, the data may be
30.15released to persons described in subdivision 8 if the county attorney determines release
30.16would not impede the ongoing investigation. When the law enforcement investigation
30.17becomes inactive, the data are private or nonpublic data. Nothing in this subdivision shall
30.18be construed to make not public the data elements identified in subdivision 2 at any point
30.19in the investigation or thereafter.
30.20 Sec. 58. Minnesota Statutes 2010, section 13.83, subdivision 6, is amended to read:
30.21 Subd. 6. Classification of other data. Unless a statute specifically provides a
30.22different classification, all other data created or collected by a county coroner or medical
30.23examiner that isnew text begin arenew text end not data on deceased individuals or the manner and circumstances of
30.24their death isnew text begin arenew text end public pursuant to section
13.03.
30.25 Sec. 59. Minnesota Statutes 2010, section 13.87, subdivision 2, is amended to read:
30.26 Subd. 2. Firearms data. All data pertaining to the purchase or transfer of firearms
30.27and applications for permits to carry firearms which are collected by government entities
30.28pursuant to sections
624.712 to
624.719 are classified as private, pursuant to section
30.2913.02, subdivision 12
.
30.30 Sec. 60. Minnesota Statutes 2010, section 13D.015, subdivision 5, is amended to read:
30.31 Subd. 5. Notice. If telephone or another electronic means is used to conduct a
30.32regular, special, or emergency meeting, the entity shall provide notice of the regular
30.33meeting location, of the fact that some members may participate by electronic means, and
31.1of the provisions of subdivision 4. The timing and method of providing notice is governed
31.2by section
13D.04. In addition, the entity must post the notice on its Web site at least ten
31.3days before thenew text begin any regularnew text end meetingnew text begin as defined in section 13D.04, subdivision 1new text end .
31.4 Sec. 61. new text begin [13D.08] OPEN MEETING LAW CODED ELSEWHERE.new text end
31.5 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
31.6new text begin Health are governed by section 35.0661, subdivision 1.new text end
31.7 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
31.8new text begin Minnesota Life and Health Guaranty Association Board of Directors are governed by new text end
31.9new text begin section 61B.22.new text end
31.10 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
31.11new text begin Comprehensive Health Association are governed by section 62E.10, subdivision 4.new text end
31.12 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
31.13new text begin Technology Advisory Committee are governed by section 62J.156.new text end
31.14 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
31.15new text begin Coverage Reinsurance Association are governed by section 62L.13, subdivision 3.new text end
31.16 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
31.17new text begin and its board of trustees are governed by section 79A.16.new text end
31.18 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
31.19new text begin commercial self-insurance group security fund are governed by section 79A.28.new text end
31.20 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
31.21new text begin Lessard-Sams Outdoor Heritage Council are governed by section 97A.056, subdivision 5.new text end
31.22 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
31.23new text begin Enterprise Minnesota, Inc. are governed by section 116O.03.new text end
31.24 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
31.25new text begin Business Finance, Inc. are governed by section 116S.02.new text end
31.26 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
31.27new text begin Technology Initiative, Inc. are governed by section 116T.02.new text end
31.28 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
31.29new text begin Agricultural Utilization Research Institute are governed by section 116V.01, subdivision new text end
31.30new text begin 10.new text end
31.31 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
31.32new text begin section 144.581 are governed by section 144.581, subdivisions 4 and 5.new text end
31.33 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
31.34new text begin the Advisory Council on Workers' Compensation are governed by section 175.007, new text end
31.35new text begin subdivision 3.new text end
32.1 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
32.2new text begin cooperative that has more than 50,000 members are governed by section 308A.327.new text end
32.3 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
32.4new text begin 366.01, subdivision 11.new text end
32.5 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
32.6new text begin Hennepin County Board on behalf of the HMO or Hennepin Healthcare System, Inc. are new text end
32.7new text begin governed by section 383B.217.new text end
32.8 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
32.9new text begin Healthcare System, Inc. are governed by section 383B.917.new text end
32.10 Sec. 62. Minnesota Statutes 2010, section 79A.16, is amended to read:
32.1179A.16 OPEN MEETING; ADMINISTRATIVE PROCEDURE ACT.
32.12The security fund and its board of trustees shall not be subject to (1) the Open
32.13Meeting Law,new text begin chapter 13D,new text end (2) the Open Appointments Law, (3) the Data Privacy Lawnew text begin new text end
32.14new text begin Minnesota Government Data Practices Act, chapter 13new text end , and (4) except where specifically
32.15set forth, the Administrative Procedure Act.
32.16The Self-Insurers' Advisory Committee shall not be subject to clauses (2) and (4).
32.17 Sec. 63. Minnesota Statutes 2010, section 79A.28, is amended to read:
32.1879A.28 OPEN MEETING; ADMINISTRATIVE PROCEDURE ACT.
32.19The commercial self-insurance group security fund and its board of trustees shall not
32.20be subject to:
32.21(1) the Open Meeting Lawnew text begin , chapter 13Dnew text end ;
32.22(2) the Open Appointments Law;
32.23(3) the Data Privacy Lawnew text begin Minnesota Government Data Practices Act, chapter 13new text end ; and
32.24(4) except where specifically set forth, the Administrative Procedure Act.
32.25 Sec. 64. Minnesota Statutes 2010, section 216C.266, is amended to read:
32.26216C.266 DATA PRIVACY; ENERGY PROGRAMS.
32.27 new text begin Subdivision 1.new text end new text begin Classification of application data.new text end Data on individuals collected,
32.28maintained, or created because an individual applies new text begin on behalf of a household new text end for benefits
32.29or services provided by the energy assistance and weatherization programs is new text begin are new text end private
32.30data on individuals and must not be disseminated except pursuant to section
13.05,
32.31subdivisions 3 and 4
new text begin , or as provided in this sectionnew text end .
33.1 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
33.2new text begin disseminate to the commissioner of human services the name and telephone number of new text end
33.3new text begin any individual who applies on behalf of a household for benefits or services provided by new text end
33.4new text begin the energy assistance program if the household is determined to be eligible for the energy new text end
33.5new text begin assistance program.new text end
33.6 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
33.7new text begin services under subdivision 2 may be disclosed to a person other than the subject of the data new text end
33.8new text begin only for the purpose of determining a household's eligibility for the telephone assistance new text end
33.9new text begin program pursuant to section 13.46, subdivision 2, clause (23).new text end
33.10 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
33.11new text begin may use the name and telephone number of any individual who applies on behalf of new text end
33.12new text begin a household for benefits or services provided by the energy assistance program for the new text end
33.13new text begin purpose of determining whether the household is eligible for the telephone assistance new text end
33.14new text begin program if the household is determined to be eligible for the energy assistance program.new text end
33.15new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
33.16 Sec. 65. Minnesota Statutes 2010, section 237.701, subdivision 1, is amended to read:
33.17 Subdivision 1. Fund created; authorized expenditures. The telephone assistance
33.18fund is created as a separate account in the state treasury to consist of amounts received
33.19by the commissioner of public safety representing the surcharge authorized by section
33.20237.70, subdivision 6
, and amounts earned on the fund assets. Money in the fund may be
33.21used only for:
33.22(1) reimbursement to local service providers for expenses and credits allowed in
33.23section
237.70, subdivision 7, paragraph (d), clause (5);
33.24(2) reimbursement of the reasonable administrative expenses of the commission,
33.25a portion of which may be used for periodic promotional activities, including, but not
33.26limited to, radio or newspaper advertisements, to inform eligible households of the
33.27availability of the telephone assistance program; and
33.28(3) reimbursement of the statewide indirect cost of the commissionnew text begin ; andnew text end
33.29new text begin (4) reimbursement of the reasonable expenses of the commissioner of commerce and new text end
33.30new text begin the commissioner of human services for administering section 216C.266, subdivisions new text end
33.31new text begin 2 and 4new text end .
33.32new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
33.33 Sec. 66. new text begin REPEALER.new text end
34.1new 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
34.2new text begin (b)new text end new text begin Minnesota Statutes 2010, sections 13.7931, subdivision 6; and 84.0874,new text end new text begin are new text end
34.3new text begin repealed effective the day following final enactment.new text end
34.4new text begin (c)new text end new text begin Minnesota Statutes 2010, sections 13.4967, subdivision 6a; and 298.22, new text end
34.5new text begin subdivision 12,new text end new text begin are repealed retroactively from the date of their final enactment.new text end