1.1A bill for an act1.2relating 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" 1.23means are data which is made not public by statute or federal law applicable to the data 1.24and is are inaccessible to the individual subject of that those 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" means are all 1.27government data which is that are 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" means are 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" means are 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" means are2.10data 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 that those 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" means are 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" means2.18are 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" means are 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.(a) "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.2.27(b) "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. Until an individual is 3.1designated by the political subdivision's governing body, the responsible authority shall 3.2be as follows:3.3(1) for counties, the county auditor;3.4(2) for statutory or home rule charter cities, the elected or appointed city clerk. If the 3.5home rule charter does not provide for an office of city clerk, the responsible authority 3.6shall be the chief clerical officer for filing and record-keeping purposes;3.7(3) for school districts, the superintendent; and3.8(4) for all other political subdivisions, the chief clerical officer for filing and record 3.9keeping purposes.3.10    Sec. 10. [13.025] GOVERNMENT ENTITY OBLIGATION.3.11    Subdivision 1.Data inventory.The responsible authority shall prepare an inventory 3.12containing the authority's name, title, address, and a description of each category of 3.13record, file, or process relating to private or confidential data on individuals maintained 3.14by the authority's government entity. Forms used to collect private and confidential data 3.15may be included in the inventory. Beginning August 1, 1977, and annually thereafter, 3.16the responsible authority shall update the inventory and make any changes necessary 3.17to maintain the accuracy of the inventory. The inventory shall be available from the 3.18responsible authority to the public according to the provisions of sections 13.03 and 3.1915.17. The commissioner may require responsible authorities to submit copies of the 3.20inventory and may request additional information relevant to data collection practices, 3.21policies, and procedures.3.22    Subd. 2.Public data access policy.The responsible authority shall prepare a data 3.23access policy and update it no later than August 1 of each year, and at any other time as 3.24necessary to reflect changes in personnel, procedures, or other circumstances that impact 3.25the public's ability to access data. The responsible authority shall make copies of the 3.26policy easily available to the public by distributing free copies to the public or by posting 3.27it in a conspicuous place within the government entity that is easily accessible to the 3.28public or by posting it on the government entity's Web site.3.29    Subd. 3.Data subject rights and access policy.The responsible authority shall 3.30prepare a written policy of the rights of data subjects under section 13.04, and the specific 3.31procedures used by the government entity for access by the data subject to public or 3.32private data on individuals, and update it no later than August 1 of each year, and at any 3.33other time as necessary to reflect changes in personnel, procedures, or other circumstances 3.34that impact the public's ability to access data. The responsible authority shall make copies 3.35of the policy easily available to the public by distributing free copies of it to the public or 4.1by posting it in a conspicuous place within the government entity that is easily accessible 4.2to the public or by posting it on the government entity's Web site.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) (b) 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 a government entity's data in the possession of an entity4.22shall 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 is are classified as both private and confidential by this 4.26chapter, or any other statute or federal law, the data is are private.4.27    (c) To the extent that government data is are disseminated to a government entity 4.28by another government entity, the data disseminated shall have the same classification 4.29in the hands of at the entity receiving it them as it they had in the hands of at the entity 4.30providing it them.4.31    (d) If a government entity disseminates data to another government entity, a 4.32classification provided for by law in the hands of at the entity receiving the data does not 4.33affect the classification of the data in the hands of at the entity that disseminates the data.5.1    (e) To the extent that judicial branch data is are 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 agency at the government entity receiving it them as it they had 5.4in the hands of at the judicial branch entity providing it them. If the data have a specific 5.5classification in state statute or federal law, the government entity must maintain the 5.6data according to the specific classification.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 section, and shall indicate when the principles stated in 5.14an opinion are not intended to provide guidance to all similarly situated persons or 5.15government entities. 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 
         13.085.21or 
         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" means are 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" means are 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" means is 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 discharge of the personal representative, 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.17 383B.917, 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 which the 6.12responsible authority determines 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.6.32(e) When denying a data request made under section 13.03, a government entity, 6.33upon request, must provide a short description explaining the necessity for why the 6.34government data are classified as security information.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" means are 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" means are 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    Subd. 4.Exclusion.This section does not apply when the sole issue or dispute is a 7.34government entity's timeliness in responding to a data request.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    Subd. 7a.Employee suggestion data.Personnel data includes data submitted by 8.14an employee to a government entity as part of an organized self-evaluation effort by the 8.15government entity to request suggestions from all employees on ways to cut costs, make 8.16government more efficient, or improve the operation of government. An employee who is 8.17identified in a suggestion shall have access to all data in the suggestion except the identity 8.18of the employee making the suggestion.8.19    Sec. 22. Minnesota Statutes 2010, section 13.43, is amended by adding a subdivision 8.20to read:8.21    Subd. 19.Employee of contractor or subcontractor.The personal telephone 8.22number, home address, and e-mail address of an employee of a contractor or subcontractor 8.23doing business with a government entity are private data.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; or9.6    (3) the negotiating parties enter into an agreement for the purchase and sale of the 9.7property.9.8The data made confidential or protected nonpublic under paragraph (a) also 9.9become public at the discretion of the government entity, determined by majority vote 9.10of the entity's governing body, or, in the case of a state agency, as determined by the 9.11commissioner of the agency.9.12EFFECTIVE DATE.This section is effective the day following final enactment.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 is are 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; and10.17    (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; or11.15    (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; and11.18    (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; or12.1    (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; and12.4    (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; or13.18(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 13.31is are 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 is are 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; or14.11(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" means are 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; and14.28    (3) "personal and personal financial data" means are 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, are 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 is are private data on 18.22individuals, and is are 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 is are not data on individuals is are 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; and18.34(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" means are 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" means are 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    Subd. 5.Corporations created before May 31, 1997.Government data maintained 19.25by a corporation created by a political subdivision before May 31, 1997, are governed by 19.26section 465.719, subdivision 14.19.27    Sec. 32. Minnesota Statutes 2010, section 13.485, is amended by adding a subdivision 19.28to read:19.29    Subd. 6.Northern Technology Initiative, Inc.Government data maintained by 19.30Northern Technology Initiative, Inc. are classified under section 116T.02, subdivisions 19.317 and 8.20.1    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 identifies identify 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; and21.8    (8) any data required to be provided or that is are voluntarily provided in an 21.9application for appointment to a multimember agency pursuant to section 
         15.0597.; and21.10(9) veteran status.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; and21.14    (2) either a telephone number or electronic mail address where the appointee can be 21.15reached, or both at the request of the appointee.;21.16(3) first and last dates of service on the public body;21.17(4) the existence and status of any complaints or charges against an appointee; and21.18(5) upon completion of an investigation of a complaint or charge against an 21.19appointee, the final investigative report is public, unless access to the data would 21.20jeopardize an active investigation.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    Subd. 3.Unofficial fiscal notes.(a) For purposes of this subdivision, "unofficial 21.29fiscal note" means a fiscal note requested by or on behalf of a member of the legislature 21.30on draft language for a bill that has not been introduced.21.31(b) This paragraph applies if a request for an unofficial fiscal note is accompanied 21.32by a directive from the requester that the data be classified under this paragraph. 21.33Government data on the request, the bill draft, and the unofficial fiscal note are private 21.34data on individuals or nonpublic data, provided that the data are accessible to, and 21.35may be disclosed by, the requester. If the unofficial fiscal note or an updated version 22.1is subsequently used for an introduced bill, or for any portion of any other bill which 22.2legislative action is taken, the fiscal note becomes public data.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 is are 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; and22.21(2) location of research, study site, and global positioning system data.22.22(b) The following data is are 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; and22.25(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    Subd. 13.Ethanol producer payments.Audited financial statements and notes 23.2and disclosure statements submitted to the commissioner of agriculture regarding 23.3ethanol producer payments pursuant to section 41A.09 are governed by section 41A.09, 23.4subdivision 3a.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 that those 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; and23.17(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, board, 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 this these24.8data 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 this these 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; and24.30(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); and25.14(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.64.25.23(d) Audits conducted by independent organizations. Data provided by an 25.24independent organization related to an audit report are governed by section 62Q.37, 25.25subdivision 8.25.26    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 4.26.1(d) Self-insurers' security fund and the board of trustees. The security fund and 26.2its board of trustees are governed by section 79A.16.26.3(e) Commercial self-insurance group security fund. The commercial 26.4self-insurance group security fund and its board of trustees are governed by section 26.579A.28.26.6    Sec. 49. Minnesota Statutes 2010, section 13.72, is amended by adding a subdivision 26.7to read:26.8    Subd. 17.Adopt-a-highway data.The following data on participants collected 26.9by the Department of Transportation to administer the adopt-a-highway program are 26.10classified as private data on individuals: home addresses, except for zip codes; home 26.11e-mail addresses; and home telephone numbers.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, is are 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; and26.21    (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 documents document 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; and27.14(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 documents document 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; and27.23(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 documents document the agency's response to a request 27.27for service including, but not limited to, responses to traffic accidents, or which describes27.28describe 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; and28.11(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 is are28.17confidential or protected nonpublic while the investigation is active. Inactive investigative 28.18data is are 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; or28.30(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 is are 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    Subd. 30.Inactive financial transaction investigative data.Investigative data 29.12that become inactive under subdivision 7 that are a person's financial account number or 29.13transaction numbers are private or nonpublic data.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 is are 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 is are part of an active investigation mandated by chapter 390, or 30.3any other general or local law relating to coroners or medical examiners is are 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 is are not data on deceased individuals or the manner and circumstances of 30.24their death is are 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 the any regular meeting as defined in section 13D.04, subdivision 1.31.4    Sec. 61. [13D.08] OPEN MEETING LAW CODED ELSEWHERE.31.5    Subdivision 1.Board of Animal Health.Certain meetings of the Board of Animal 31.6Health are governed by section 35.0661, subdivision 1.31.7    Subd. 2.Minnesota Life and Health Guaranty Association.Meetings of the 31.8Minnesota Life and Health Guaranty Association Board of Directors are governed by 31.9section 61B.22.31.10    Subd. 3.Comprehensive Health Association.Certain meetings of the 31.11Comprehensive Health Association are governed by section 62E.10, subdivision 4.31.12    Subd. 4.Health Technology Advisory Committee.Certain meetings of the Health 31.13Technology Advisory Committee are governed by section 62J.156.31.14    Subd. 5.Health Coverage Reinsurance Association.Meetings of the Health 31.15Coverage Reinsurance Association are governed by section 62L.13, subdivision 3.31.16    Subd. 6.Self-insurers' security fund.Meetings of the self-insurers' security fund 31.17and its board of trustees are governed by section 79A.16.31.18    Subd. 7.Commercial self-insurance group security fund.Meetings of the 31.19commercial self-insurance group security fund are governed by section 79A.28.31.20    Subd. 8.Lessard-Sams Outdoor Heritage Council.Certain meetings of the 31.21Lessard-Sams Outdoor Heritage Council are governed by section 97A.056, subdivision 5.31.22    Subd. 9.Enterprise Minnesota, Inc.Certain meetings of the board of directors of 31.23Enterprise Minnesota, Inc. are governed by section 116O.03.31.24    Subd. 10.Minnesota Business Finance, Inc.Certain meetings of Minnesota 31.25Business Finance, Inc. are governed by section 116S.02.31.26    Subd. 11.Northern Technology Initiative, Inc.Certain meetings of Northern 31.27Technology Initiative, Inc. are governed by section 116T.02.31.28    Subd. 12.Agricultural Utilization Research Institute.Certain meetings of the 31.29Agricultural Utilization Research Institute are governed by section 116V.01, subdivision 31.3010.31.31    Subd. 13.Hospital authorities.Certain meetings of hospitals established under 31.32section 144.581 are governed by section 144.581, subdivisions 4 and 5.31.33    Subd. 14.Advisory Council on Workers' Compensation.Certain meetings of 31.34the Advisory Council on Workers' Compensation are governed by section 175.007, 31.35subdivision 3.32.1    Subd. 15.Electric cooperatives.Meetings of a board of directors of an electric 32.2cooperative that has more than 50,000 members are governed by section 308A.327.32.3    Subd. 16.Town boards.Certain meetings of town boards are governed by section 32.4366.01, subdivision 11.32.5    Subd. 17.Hennepin County Medical Center and HMO.Certain meetings of the 32.6Hennepin County Board on behalf of the HMO or Hennepin Healthcare System, Inc. are 32.7governed by section 383B.217.32.8    Subd. 18.Hennepin Healthcare System, Inc.Certain meetings of the Hennepin 32.9Healthcare System, Inc. are governed by section 383B.917.32.10    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, chapter 13D, (2) the Open Appointments Law, (3) the Data Privacy Law32.14Minnesota Government Data Practices Act, chapter 13, 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 Law, chapter 13D;32.22(2) the Open Appointments Law;32.23(3) the Data Privacy Law Minnesota Government Data Practices Act, chapter 13; and32.24(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    Subdivision 1.Classification of application data. Data on individuals collected, 32.28maintained, or created because an individual applies on behalf of a household for benefits 32.29or services provided by the energy assistance and weatherization programs isare private 32.30data on individuals and must not be disseminated except pursuant to section 
         13.05, 32.31subdivisions 3 and 4
         , or as provided in this section.33.1    Subd. 2.Sharing energy assistance program data.The commissioner may 33.2disseminate to the commissioner of human services the name and telephone number of 33.3any individual who applies on behalf of a household for benefits or services provided by 33.4the energy assistance program if the household is determined to be eligible for the energy 33.5assistance program.33.6    Subd. 3.Use of shared data.Data disseminated to the commissioner of human 33.7services under subdivision 2 may be disclosed to a person other than the subject of the data 33.8only for the purpose of determining a household's eligibility for the telephone assistance 33.9program pursuant to section 13.46, subdivision 2, clause (23).33.10    Subd. 4.Additional use of energy assistance program data.The commissioner 33.11may use the name and telephone number of any individual who applies on behalf of 33.12a household for benefits or services provided by the energy assistance program for the 33.13purpose of determining whether the household is eligible for the telephone assistance 33.14program if the household is determined to be eligible for the energy assistance program.33.15EFFECTIVE DATE.This section is effective the day following final enactment.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; and33.28(3) reimbursement of the statewide indirect cost of the commission; and33.29(4) reimbursement of the reasonable expenses of the commissioner of commerce and 33.30the commissioner of human services for administering section 216C.266, subdivisions 33.312 and 4.33.32EFFECTIVE DATE.This section is effective the day following final enactment.33.33    Sec. 66.  REPEALER.34.1(a) Minnesota Statutes 2010, section 13.05, subdivisions 1, 2, and 8, are repealed.34.2(b) Minnesota Statutes 2010, sections 13.7931, subdivision 6; and 84.0874, are 34.3repealed effective the day following final enactment.34.4(c) Minnesota Statutes 2010, sections 13.4967, subdivision 6a; and 298.22, 34.5subdivision 12, are repealed retroactively from the date of their final enactment.