SF 1143

2nd Unofficial Engrossment - 87th Legislature (2011 - 2012)

Posted on 04/18/2012 09:32 a.m.

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 1.5data;amending Minnesota Statutes 2010, sections 13.02, subdivisions 3, 4, 8a, 1.69, 12, 13, 14, 15, 16; 13.03, subdivisions 2, 4; 13.072, subdivision 2; 13.10, 1.7subdivision 1; 13.202, subdivision 3; 13.37, subdivision 1; 13.3805, subdivision 1.81; 13.384, subdivision 1; 13.39, by adding a subdivision; 13.43, subdivision 1, 1.9by adding subdivisions; 13.44, subdivision 3; 13.46, subdivisions 2, 3, 4, 5, 6; 1.1013.462, subdivision 1; 13.47, subdivision 1; 13.485, by adding subdivisions; 1.1113.548; 13.585, subdivisions 2, 3; 13.601, subdivision 3; 13.605, by adding a 1.12subdivision; 13.64, by adding a subdivision; 13.643, subdivisions 5, 7; 13.6435, 1.13by adding a subdivision; 13.65, subdivisions 1, 2, 3; 13.679, subdivision 2; 1.1413.719, subdivisions 1, 5; 13.7191, subdivisions 14, 18; 13.72, by adding a 1.15subdivision; 13.7932; 13.82, subdivisions 2, 3, 6, 7, by adding a subdivision; 1.1613.83, subdivisions 2, 4, 6; 13.87, subdivision 2; 13D.015, subdivision 5; 79A.16; 1.1779A.28; 84.0874; 216C.266; 237.701, subdivision 1; proposing coding for new 1.18law in Minnesota Statutes, chapters 13; 13D; repealing Minnesota Statutes 2010, 1.19sections 13.05, subdivisions 1, 2, 8; 13.4967, subdivision 6a; 298.22, subdivision 1.2012; Laws 2011, First Special Session chapter 10, article 3, section 40. 1.21BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.22    Section 1. Minnesota Statutes 2010, section 13.02, subdivision 3, is amended to read: 1.23    Subd. 3. Confidential data on individuals. "Confidential data on individuals" 1.24means new text begin are new text end data which is made not public by statute or federal law applicable to the data 1.25and is new text begin are new text end inaccessible to the individual subject of that new text begin those new text end data. 1.26    Sec. 2. Minnesota Statutes 2010, section 13.02, subdivision 4, is amended to read: 1.27    Subd. 4. Data not on individuals. "Data not on individuals" means new text begin are new text end all 1.28government data which is new text begin that are new text end not data on individuals. 2.1    Sec. 3. Minnesota Statutes 2010, section 13.02, subdivision 8a, is amended to read: 2.2    Subd. 8a. Not public data. "Not public data" means new text begin are new text end any government data which 2.3is classified by statute, federal law, or temporary classification as confidential, private, 2.4nonpublic, or protected nonpublic. 2.5    Sec. 4. Minnesota Statutes 2010, section 13.02, subdivision 9, is amended to read: 2.6    Subd. 9. Nonpublic data. "Nonpublic data" means new text begin are new text end data not on individuals that 2.7is made by statute or federal law applicable to the data: (a) not accessible to the public; 2.8and (b) accessible to the subject, if any, of the data. 2.9    Sec. 5. Minnesota Statutes 2010, section 13.02, subdivision 12, is amended to read: 2.10    Subd. 12. Private data on individuals. "Private data on individuals" means new text begin are new text end 2.11data which is made by statute or federal law applicable to the data: (a) not public; and 2.12(b) accessible to the individual subject of that new text begin those new text end data. 2.13    Sec. 6. Minnesota Statutes 2010, section 13.02, subdivision 13, is amended to read: 2.14    Subd. 13. Protected nonpublic data. "Protected nonpublic data" means new text begin are new text end data 2.15not on individuals which is made by statute or federal law applicable to the data (a) not 2.16public and (b) not accessible to the subject of the data. 2.17    Sec. 7. Minnesota Statutes 2010, section 13.02, subdivision 14, is amended to read: 2.18    Subd. 14. Public data not on individuals. "Public data not on individuals" means new text begin new text end 2.19 new text begin are new text end data which is accessible to the public pursuant to section 13.03. 2.20    Sec. 8. Minnesota Statutes 2010, section 13.02, subdivision 15, is amended to read: 2.21    Subd. 15. Public data on individuals. "Public data on individuals" means new text begin are new text end data 2.22which is accessible to the public in accordance with the provisions of section 13.03. 2.23    Sec. 9. Minnesota Statutes 2010, section 13.02, subdivision 16, is amended to read: 2.24    Subd. 16. Responsible authority. new text begin (a) new text end "Responsible authority" in a state agency or 2.25statewide system means the state official designated by law or by the commissioner as 2.26the individual responsible for the collection, use and dissemination of any set of data on 2.27individuals, government data, or summary data. 2.28 new text begin (b) new text end "Responsible authority" in any political subdivision means the individual 2.29designated by the governing body of that political subdivision as the individual responsible 2.30for the collection, use, and dissemination of any set of data on individuals, government 3.1data, or summary data, unless otherwise provided by state law. new text begin Until an individual is new text end 3.2 new text begin designated by the political subdivision's governing body, the responsible authority shall new text end 3.3 new text begin be as follows: new text end 3.4 new text begin (1) for counties, the county coordinator or administrator. If the county does not new text end 3.5 new text begin employ a coordinator or administrator, the responsible authority shall be the county new text end 3.6 new text begin auditor; new text end 3.7 new text begin (2) for statutory or home rule charter cities, the elected or appointed city clerk. If the new text end 3.8 new text begin home rule charter does not provide for an office of city clerk, the responsible authority new text end 3.9 new text begin shall be the chief clerical officer for filing and record-keeping purposes; new text end 3.10 new text begin (3) for school districts, the superintendent; and new text end 3.11 new text begin (4) for all other political subdivisions, the chief clerical officer for filing and record new text end 3.12 new text begin keeping purposes. new text end 3.13    Sec. 10. new text begin [13.025] GOVERNMENT ENTITY OBLIGATION. new text end 3.14     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 3.15 new text begin containing the authority's name, title, address, and a description of each category of new text end 3.16 new text begin record, file, or process relating to private or confidential data on individuals maintained new text end 3.17 new text begin by the authority's government entity. Forms used to collect private and confidential data new text end 3.18 new text begin may be included in the inventory. Beginning August 1, 1977, and annually thereafter, new text end 3.19 new text begin the responsible authority shall update the inventory and make any changes necessary new text end 3.20 new text begin to maintain the accuracy of the inventory. The inventory shall be available from the new text end 3.21 new text begin responsible authority to the public according to the provisions of sections 13.03 and new text end 3.22 new text begin 15.17. The commissioner may require responsible authorities to submit copies of the new text end 3.23 new text begin inventory and may request additional information relevant to data collection practices, new text end 3.24 new text begin policies, and procedures. new text end 3.25     new text begin Subd. 2. new text end new text begin Public data access policy. new text end new text begin The responsible authority shall prepare a data new text end 3.26 new text begin access policy and update it no later than August 1 of each year, and at any other time as new text end 3.27 new text begin necessary to reflect changes in personnel, procedures, or other circumstances that impact new text end 3.28 new text begin the public's ability to access data. The responsible authority shall make copies of the new text end 3.29 new text begin policy easily available to the public by distributing free copies to the public or by posting new text end 3.30 new text begin it in a conspicuous place within the government entity that is easily accessible to the new text end 3.31 new text begin public or by posting it on the government entity's Web site. new text end 3.32     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 3.33 new text begin prepare a written policy of the rights of data subjects under section 13.04, and the specific new text end 3.34 new text begin procedures used by the government entity for access by the data subject to public or new text end 3.35 new text begin private data on individuals, and update it no later than August 1 of each year, and at any new text end 4.1 new text begin other time as necessary to reflect changes in personnel, procedures, or other circumstances new text end 4.2 new text begin that impact the public's ability to access data. The responsible authority shall make copies new text end 4.3 new text begin of the policy easily available to the public by distributing free copies of it to the public or new text end 4.4 new text begin by posting it in a conspicuous place within the government entity that is easily accessible new text end 4.5 new text begin to the public or by posting it on the government entity's Web site. new text end 4.6    Sec. 11. Minnesota Statutes 2010, section 13.03, subdivision 2, is amended to read: 4.7    Subd. 2. Procedures. (a) The responsible authority in every government entity shall 4.8establish procedures, consistent with this chapter, to insure that requests for government 4.9data are received and complied with in an appropriate and prompt manner. 4.10(b) The responsible authority shall prepare public access procedures in written form 4.11and update them no later than August 1 of each year as necessary to reflect any changes 4.12in personnel or circumstances that might affect public access to government data. The 4.13responsible authority shall make copies of the written public access procedures easily 4.14available to the public by distributing free copies of the procedures to the public or by 4.15posting a copy of the procedures in a conspicuous place within the government entity that 4.16is easily accessible to the public. 4.17(c) new text begin (b) new text end Full convenience and comprehensive accessibility shall be allowed to 4.18researchers including historians, genealogists and other scholars to carry out extensive 4.19research and complete copying of all records containing government data except as 4.20otherwise expressly provided by law. 4.21A responsible authority may designate one or more designees. 4.22    Sec. 12. Minnesota Statutes 2010, section 13.03, subdivision 4, is amended to read: 4.23    Subd. 4. Change in classification of data; effect of dissemination among 4.24agencies. (a) The classification of new text begin a government entity's new text end data in the possession of an entity 4.25shall change if it is required to do so to comply with either judicial or administrative rules 4.26pertaining to the conduct of legal actions or with a specific statute applicable to the data 4.27in the possession of the disseminating or receiving entity. 4.28    (b) If data on individuals is new text begin are new text end classified as both private and confidential by this 4.29chapter, or any other statute or federal law, the data is new text begin are new text end private. 4.30    (c) To the extent that government data is new text begin are new text end disseminated to a government entity 4.31by another government entity, the data disseminated shall have the same classification 4.32in the hands of new text begin at new text end the entity receiving it new text begin them new text end as it new text begin they new text end had in the hands of new text begin at new text end the entity 4.33providing it new text begin them new text end . 5.1    (d) If a government entity disseminates data to another government entity, a 5.2classification provided for by law in the hands of new text begin at new text end the entity receiving the data does not 5.3affect the classification of the data in the hands of new text begin at new text end the entity that disseminates the data. 5.4    (e) To the extent that judicial branch data is new text begin are new text end disseminated to government entities 5.5by the judicial branch, the data disseminated shall have the same level of accessibility 5.6in the hands of the agency new text begin at the government entity new text end receiving it new text begin them new text end as it new text begin they new text end had 5.7in the hands of new text begin at new text end the judicial branch entity providing it new text begin them. If the data have a specific new text end 5.8 new text begin classification in state statute or federal law, the government entity must maintain the new text end 5.9 new text begin data according to the specific classification new text end . 5.10    Sec. 13. Minnesota Statutes 2010, section 13.072, subdivision 2, is amended to read: 5.11    Subd. 2. Effect. Opinions issued by the commissioner under this section are not 5.12binding on the government entity or members of a body subject to chapter 13D whose 5.13data or performance of duties is the subject of the opinion, but an opinion described in 5.14subdivision 1, paragraph (a), must be given deference by a court or other tribunal in a 5.15proceeding involving the data. The commissioner shall arrange for public dissemination 5.16of opinions issued under this section new text begin , and shall indicate when the principles stated in new text end 5.17 new text begin an opinion are not intended to provide guidance to all similarly situated persons or new text end 5.18 new text begin government entities new text end . This section does not preclude a person from bringing any other 5.19action under this chapter or other law in addition to or instead of requesting a written 5.20opinion. A government entity, members of a body subject to chapter 13D, or person that 5.21acts in conformity with a written opinion of the commissioner issued to the government 5.22entity, members, or person or to another party is not liable for compensatory or exemplary 5.23damages or awards of attorneys fees in actions for violations arising under section 13.08 5.24or 13.085, or for a penalty under section 13.09 or for fines, awards of attorney fees, or 5.25any other penalty under chapter 13D. A member of a body subject to chapter 13D is not 5.26subject to forfeiture of office if the member was acting in reliance on an opinion. 5.27    Sec. 14. Minnesota Statutes 2010, section 13.10, subdivision 1, is amended to read: 5.28    Subdivision 1. Definitions. As used in this chapter: 5.29(a) "Confidential data on decedents" means new text begin are new text end data which, prior to the death of 5.30the data subject, were classified by statute, federal law, or temporary classification as 5.31confidential data. 5.32(b) "Private data on decedents" means new text begin are new text end data which, prior to the death of the data 5.33subject, were classified by statute, federal law, or temporary classification as private data. 6.1(c) "Representative of the decedent" means new text begin is new text end the personal representative of the 6.2estate of the decedent during the period of administration, or if no personal representative 6.3has been appointed or after discharge new text begin of the personal representative new text end , the surviving spouse, 6.4any child of the decedent, or, if there is no surviving spouse or children, the parents of 6.5the decedent. 6.6    Sec. 15. Minnesota Statutes 2010, section 13.202, subdivision 3, is amended to read: 6.7    Subd. 3. Hennepin County. (a) Data collected by the Hennepin Healthcare System, 6.8Inc. are governed under section 383B.17 new text begin 383B.917 new text end , subdivision 1. 6.9(b) Records of Hennepin County board meetings permitted to be closed under 6.10section 383B.217, subdivision 7, are classified under that subdivision. 6.11    Sec. 16. Minnesota Statutes 2010, section 13.37, subdivision 1, is amended to read: 6.12    Subdivision 1. Definitions. As used in this section, the following terms have the 6.13meanings given them. 6.14(a) "Security information" means government data the disclosure of which new text begin the new text end 6.15 new text begin responsible authority determines new text end would be likely to substantially jeopardize the security of 6.16information, possessions, individuals or property against theft, tampering, improper use, 6.17attempted escape, illegal disclosure, trespass, or physical injury. "Security information" 6.18includes crime prevention block maps and lists of volunteers who participate in community 6.19crime prevention programs and their home addresses and telephone numbers. 6.20(b) "Trade secret information" means government data, including a formula, pattern, 6.21compilation, program, device, method, technique or process (1) that was supplied by the 6.22affected individual or organization, (2) that is the subject of efforts by the individual or 6.23organization that are reasonable under the circumstances to maintain its secrecy, and (3) 6.24that derives independent economic value, actual or potential, from not being generally 6.25known to, and not being readily ascertainable by proper means by, other persons who can 6.26obtain economic value from its disclosure or use. 6.27(c) "Labor relations information" means management positions on economic and 6.28noneconomic items that have not been presented during the collective bargaining process 6.29or interest arbitration, including information specifically collected or created to prepare 6.30the management position. 6.31(d) "Parking space leasing data" means the following government data on an 6.32applicant for, or lessee of, a parking space: residence address, home telephone number, 6.33beginning and ending work hours, place of employment, work telephone number, and 6.34location of the parking space. 7.1 new text begin (e) When denying a data request made under section 13.03, a government entity, new text end 7.2 new text begin upon request, must provide a short description explaining the necessity for why the new text end 7.3 new text begin government data are classified as security information. new text end 7.4    Sec. 17. Minnesota Statutes 2010, section 13.3805, subdivision 1, is amended to read: 7.5    Subdivision 1. Health data generally. (a) Definitions. As used in this subdivision: 7.6(1) "Commissioner" means the commissioner of health. 7.7(2) "Health data" means new text begin are new text end data on individuals created, collected, received, or 7.8maintained by the Department of Health, political subdivisions, or statewide systems 7.9relating to the identification, description, prevention, and control of disease or as part of 7.10an epidemiologic investigation the commissioner designates as necessary to analyze, 7.11describe, or protect the public health. 7.12(b) Data on individuals. (1) Health data are private data on individuals. 7.13Notwithstanding section 13.05, subdivision 9, health data may not be disclosed except as 7.14provided in this subdivision and section 13.04. 7.15(2) The commissioner or a local board of health as defined in section 145A.02, 7.16subdivision 2 , may disclose health data to the data subject's physician as necessary to locate 7.17or identify a case, carrier, or suspect case, to establish a diagnosis, to provide treatment, to 7.18identify persons at risk of illness, or to conduct an epidemiologic investigation. 7.19(3) With the approval of the commissioner, health data may be disclosed to the 7.20extent necessary to assist the commissioner to locate or identify a case, carrier, or suspect 7.21case, to alert persons who may be threatened by illness as evidenced by epidemiologic 7.22data, to control or prevent the spread of serious disease, or to diminish an imminent threat 7.23to the public health. 7.24(c) Health summary data. Summary data derived from data collected under section 7.25145.413 may be provided under section 13.05, subdivision 7. 7.26    Sec. 18. Minnesota Statutes 2010, section 13.384, subdivision 1, is amended to read: 7.27    Subdivision 1. Definition. As used in this section: 7.28    (a) "Directory information" means name of the patient, date admitted, and general 7.29condition. 7.30    (b) "Medical data" means new text begin are new text end data collected because an individual was or is a patient 7.31or client of a hospital, nursing home, medical center, clinic, health or nursing agency 7.32operated by a government entity including business and financial records, data provided 7.33by private health care facilities, and data provided by or about relatives of the individual. 8.1    Sec. 19. Minnesota Statutes 2010, section 13.39, is amended by adding a subdivision 8.2to read: 8.3     new text begin Subd. 4. new text end new text begin Exclusion. new text end new text begin This section does not apply when the sole issue or dispute is a new text end 8.4 new text begin government entity's timeliness in responding to a data request. new text end 8.5    Sec. 20. Minnesota Statutes 2010, section 13.43, subdivision 1, is amended to read: 8.6    Subdivision 1. Definition. As used in this section, "personnel data" means 8.7government data on individuals maintained because the individual is or was an employee 8.8of or an applicant for employment by, performs services on a voluntary basis for, or acts 8.9as an independent contractor with a government entity. Personnel data includes data 8.10submitted by an employee to a government entity as part of an organized self-evaluation 8.11effort by the government entity to request suggestions from all employees on ways to cut 8.12costs, make government more efficient, or improve the operation of government. An 8.13employee who is identified in a suggestion shall have access to all data in the suggestion 8.14except the identity of the employee making the suggestion. 8.15    Sec. 21. Minnesota Statutes 2010, section 13.43, is amended by adding a subdivision 8.16to read: 8.17     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 8.18 new text begin an employee to a government entity as part of an organized self-evaluation effort by the new text end 8.19 new text begin government entity to request suggestions from all employees on ways to cut costs, make new text end 8.20 new text begin government more efficient, or improve the operation of government. An employee who is new text end 8.21 new text begin identified in a suggestion shall have access to all data in the suggestion except the identity new text end 8.22 new text begin of the employee making the suggestion. new text end 8.23    Sec. 22. Minnesota Statutes 2010, section 13.43, is amended by adding a subdivision 8.24to read: 8.25     new text begin Subd. 19. new text end new text begin Employee of contractor or subcontractor. new text end new text begin The personal telephone new text end 8.26 new text begin number, home address, and e-mail address of an employee of a contractor or subcontractor new text end 8.27 new text begin doing business with a government entity are private data but shall be disclosed for new text end 8.28 new text begin prevailing wage law enforcement purposes. new text end 8.29    Sec. 23. Minnesota Statutes 2010, section 13.44, subdivision 3, is amended to read: 8.30    Subd. 3. Real property; appraisal data. (a) Confidential or protected nonpublic 8.31data. Estimated or appraised values of individual parcels of real property that are made by 8.32personnel of a government entity or by independent appraisers acting for a government 9.1entity for the purpose of selling or acquiring land through purchase or condemnation are 9.2classified as confidential data on individuals or protected nonpublic data. 9.3    (b) Private or nonpublic data. Appraised values of individual parcels of real 9.4property that are made by appraisers working for fee owners or contract purchasers who 9.5have received an offer to purchase their property from a government entity are classified 9.6as private data on individuals or nonpublic data. 9.7    (c) Public data. The data made confidential or protected nonpublic under paragraph 9.8(a) or made private or nonpublic under paragraph (b) become public upon the occurrence 9.9of any of the following: 9.10    (1) the data are submitted to a court-appointed condemnation commissioner; 9.11    (2) the data are presented in court in condemnation proceedings; or 9.12    (3) the negotiating parties enter into an agreement for the purchase and sale of the 9.13property. 9.14 new text begin The data made confidential or protected nonpublic under paragraph (a) also new text end 9.15 new text begin become public at the discretion of the government entity, determined by majority vote new text end 9.16 new text begin of the entity's governing body, or, in the case of a state agency, as determined by the new text end 9.17 new text begin commissioner of the agency. new text end 9.18 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 9.19    Sec. 24. Minnesota Statutes 2010, section 13.46, subdivision 2, is amended to read: 9.20    Subd. 2. General. (a) Unless the data is summary data or a statute specifically 9.21provides a different classification, Data on individuals collected, maintained, used, or 9.22disseminated by the welfare system is new text begin are new text end private data on individuals, and shall not be 9.23disclosed except: 9.24    (1) according to section 13.05; 9.25    (2) according to court order; 9.26    (3) according to a statute specifically authorizing access to the private data; 9.27    (4) to an agent of the welfare system, including a law enforcement person, attorney, 9.28or investigator acting for it in the investigation or prosecution of a criminal or civil 9.29proceeding relating to the administration of a program; 9.30    (5) to personnel of the welfare system who require the data to verify an individual's 9.31identity; determine eligibility, amount of assistance, and the need to provide services to 9.32an individual or family across programs; evaluate the effectiveness of programs; assess 9.33parental contribution amounts; and investigate suspected fraud; 9.34    (6) to administer federal funds or programs; 9.35    (7) between personnel of the welfare system working in the same program; 10.1    (8) to the Department of Revenue to assess parental contribution amounts for 10.2purposes of section 252.27, subdivision 2a, administer and evaluate tax refund or tax credit 10.3programs and to identify individuals who may benefit from these programs. The following 10.4information may be disclosed under this paragraph: an individual's and their dependent's 10.5names, dates of birth, Social Security numbers, income, addresses, and other data as 10.6required, upon request by the Department of Revenue. Disclosures by the commissioner 10.7of revenue to the commissioner of human services for the purposes described in this clause 10.8are governed by section 270B.14, subdivision 1. Tax refund or tax credit programs include, 10.9but are not limited to, the dependent care credit under section 290.067, the Minnesota 10.10working family credit under section 290.0671, the property tax refund and rental credit 10.11under section 290A.04, and the Minnesota education credit under section 290.0674; 10.12    (9) between the Department of Human Services, the Department of Employment 10.13and Economic Development, and when applicable, the Department of Education, for 10.14the following purposes: 10.15    (i) to monitor the eligibility of the data subject for unemployment benefits, for any 10.16employment or training program administered, supervised, or certified by that agency; 10.17    (ii) to administer any rehabilitation program or child care assistance program, 10.18whether alone or in conjunction with the welfare system; 10.19    (iii) to monitor and evaluate the Minnesota family investment program or the child 10.20care assistance program by exchanging data on recipients and former recipients of food 10.21support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance 10.22under chapter 119B, or medical programs under chapter 256B, 256D, or 256L; and 10.23    (iv) to analyze public assistance employment services and program utilization, 10.24cost, effectiveness, and outcomes as implemented under the authority established in Title 10.25II, Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of 10.261999. Health records governed by sections 144.291 to 144.298 and "protected health 10.27information" as defined in Code of Federal Regulations, title 45, section 160.103, and 10.28governed by Code of Federal Regulations, title 45, parts 160-164, including health care 10.29claims utilization information, must not be exchanged under this clause; 10.30    (10) to appropriate parties in connection with an emergency if knowledge of 10.31the information is necessary to protect the health or safety of the individual or other 10.32individuals or persons; 10.33    (11) data maintained by residential programs as defined in section 245A.02 may 10.34be disclosed to the protection and advocacy system established in this state according 10.35to Part C of Public Law 98-527 to protect the legal and human rights of persons with 10.36developmental disabilities or other related conditions who live in residential facilities for 11.1these persons if the protection and advocacy system receives a complaint by or on behalf 11.2of that person and the person does not have a legal guardian or the state or a designee of 11.3the state is the legal guardian of the person; 11.4    (12) to the county medical examiner or the county coroner for identifying or locating 11.5relatives or friends of a deceased person; 11.6    (13) data on a child support obligor who makes payments to the public agency 11.7may be disclosed to the Minnesota Office of Higher Education to the extent necessary to 11.8determine eligibility under section 136A.121, subdivision 2, clause (5); 11.9    (14) participant Social Security numbers and names collected by the telephone 11.10assistance program may be disclosed to the Department of Revenue to conduct an 11.11electronic data match with the property tax refund database to determine eligibility under 11.12section 237.70, subdivision 4a; 11.13    (15) the current address of a Minnesota family investment program participant 11.14may be disclosed to law enforcement officers who provide the name of the participant 11.15and notify the agency that: 11.16    (i) the participant: 11.17    (A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after 11.18conviction, for a crime or attempt to commit a crime that is a felony under the laws of the 11.19jurisdiction from which the individual is fleeing; or 11.20    (B) is violating a condition of probation or parole imposed under state or federal law; 11.21    (ii) the location or apprehension of the felon is within the law enforcement officer's 11.22official duties; and 11.23    (iii) the request is made in writing and in the proper exercise of those duties; 11.24    (16) the current address of a recipient of general assistance or general assistance 11.25medical care may be disclosed to probation officers and corrections agents who are 11.26supervising the recipient and to law enforcement officers who are investigating the 11.27recipient in connection with a felony level offense; 11.28    (17) information obtained from food support applicant or recipient households may 11.29be disclosed to local, state, or federal law enforcement officials, upon their written request, 11.30for the purpose of investigating an alleged violation of the Food Stamp Act, according 11.31to Code of Federal Regulations, title 7, section 272.1 (c); 11.32    (18) the address, Social Security number, and, if available, photograph of any 11.33member of a household receiving food support shall be made available, on request, to a 11.34local, state, or federal law enforcement officer if the officer furnishes the agency with the 11.35name of the member and notifies the agency that: 11.36    (i) the member: 12.1    (A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a 12.2crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing; 12.3    (B) is violating a condition of probation or parole imposed under state or federal 12.4law; or 12.5    (C) has information that is necessary for the officer to conduct an official duty related 12.6to conduct described in subitem (A) or (B); 12.7    (ii) locating or apprehending the member is within the officer's official duties; and 12.8    (iii) the request is made in writing and in the proper exercise of the officer's official 12.9duty; 12.10    (19) the current address of a recipient of Minnesota family investment program, 12.11general assistance, general assistance medical care, or food support may be disclosed to 12.12law enforcement officers who, in writing, provide the name of the recipient and notify the 12.13agency that the recipient is a person required to register under section 243.166, but is not 12.14residing at the address at which the recipient is registered under section 243.166; 12.15    (20) certain information regarding child support obligors who are in arrears may be 12.16made public according to section 518A.74; 12.17    (21) data on child support payments made by a child support obligor and data on 12.18the distribution of those payments excluding identifying information on obligees may be 12.19disclosed to all obligees to whom the obligor owes support, and data on the enforcement 12.20actions undertaken by the public authority, the status of those actions, and data on the 12.21income of the obligor or obligee may be disclosed to the other party; 12.22    (22) data in the work reporting system may be disclosed under section 256.998, 12.23subdivision 7 ; 12.24    (23) to the Department of Education for the purpose of matching Department of 12.25Education student data with public assistance data to determine students eligible for free 12.26and reduced-price meals, meal supplements, and free milk according to United States 12.27Code, title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and 12.28state funds that are distributed based on income of the student's family; and to verify 12.29receipt of energy assistance for the telephone assistance plan; 12.30    (24) the current address and telephone number of program recipients and emergency 12.31contacts may be released to the commissioner of health or a local board of health as 12.32defined in section 145A.02, subdivision 2, when the commissioner or local board of health 12.33has reason to believe that a program recipient is a disease case, carrier, suspect case, or at 12.34risk of illness, and the data are necessary to locate the person; 12.35    (25) to other state agencies, statewide systems, and political subdivisions of this 12.36state, including the attorney general, and agencies of other states, interstate information 13.1networks, federal agencies, and other entities as required by federal regulation or law for 13.2the administration of the child support enforcement program; 13.3    (26) to personnel of public assistance programs as defined in section 256.741, for 13.4access to the child support system database for the purpose of administration, including 13.5monitoring and evaluation of those public assistance programs; 13.6    (27) to monitor and evaluate the Minnesota family investment program by 13.7exchanging data between the Departments of Human Services and Education, on 13.8recipients and former recipients of food support, cash assistance under chapter 256, 256D, 13.9256J, or 256K, child care assistance under chapter 119B, or medical programs under 13.10chapter 256B, 256D, or 256L; 13.11    (28) to evaluate child support program performance and to identify and prevent 13.12fraud in the child support program by exchanging data between the Department of Human 13.13Services, Department of Revenue under section 270B.14, subdivision 1, paragraphs (a) 13.14and (b), without regard to the limitation of use in paragraph (c), Department of Health, 13.15Department of Employment and Economic Development, and other state agencies as is 13.16reasonably necessary to perform these functions; 13.17    (29) counties operating child care assistance programs under chapter 119B may 13.18disseminate data on program participants, applicants, and providers to the commissioner 13.19of education; or 13.20(30) child support data on the parents and the child may be disclosed to agencies 13.21administering programs under titles IV-B and IV-E of the Social Security Act, as provided 13.22by federal law. Data may be disclosed only to the extent necessary for the purpose of 13.23establishing parentage or for determining who has or may have parental rights with respect 13.24to a child, which could be related to permanency planning. 13.25    (b) Information on persons who have been treated for drug or alcohol abuse may 13.26only be disclosed according to the requirements of Code of Federal Regulations, title 13.2742, sections 2.1 to 2.67. 13.28    (c) Data provided to law enforcement agencies under paragraph (a), clause (15), 13.29(16), (17), or (18), or paragraph (b), are investigative data and are confidential or protected 13.30nonpublic while the investigation is active. The data are private after the investigation 13.31becomes inactive under section 13.82, subdivision 5, paragraph (a) or (b). 13.32    (d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but 13.33is new text begin are new text end not subject to the access provisions of subdivision 10, paragraph (b). 13.34    For the purposes of this subdivision, a request will be deemed to be made in writing 13.35if made through a computer interface system. 14.1    Sec. 25. Minnesota Statutes 2010, section 13.46, subdivision 3, is amended to read: 14.2    Subd. 3. Investigative data. (a) Data on persons, including data on vendors of 14.3services, licensees, and applicants that is collected, maintained, used, or disseminated 14.4by the welfare system in an investigation, authorized by statute, and relating to the 14.5enforcement of rules or law is new text begin are new text end confidential data on individuals pursuant to section 14.613.02, subdivision 3 , or protected nonpublic data not on individuals pursuant to section 14.713.02, subdivision 13 , and shall not be disclosed except: 14.8(1) pursuant to section 13.05; 14.9(2) pursuant to statute or valid court order; 14.10(3) to a party named in a civil or criminal proceeding, administrative or judicial, for 14.11preparation of defense; or 14.12(4) to provide notices required or permitted by statute. 14.13The data referred to in this subdivision shall be classified as public data upon 14.14its submission to an administrative law judge or court in an administrative or judicial 14.15proceeding. Inactive welfare investigative data shall be treated as provided in section 14.1613.39, subdivision 3 . 14.17(b) Notwithstanding any other provision in law, the commissioner of human services 14.18shall provide all active and inactive investigative data, including the name of the reporter 14.19of alleged maltreatment under section 626.556 or 626.557, to the ombudsman for mental 14.20health and developmental disabilities upon the request of the ombudsman. 14.21    Sec. 26. Minnesota Statutes 2010, section 13.46, subdivision 4, is amended to read: 14.22    Subd. 4. Licensing data. (a) As used in this subdivision: 14.23    (1) "licensing data" means new text begin are new text end all data collected, maintained, used, or disseminated 14.24by the welfare system pertaining to persons licensed or registered or who apply for 14.25licensure or registration or who formerly were licensed or registered under the authority 14.26of the commissioner of human services; 14.27    (2) "client" means a person who is receiving services from a licensee or from an 14.28applicant for licensure; and 14.29    (3) "personal and personal financial data" means new text begin are new text end Social Security numbers, 14.30identity of and letters of reference, insurance information, reports from the Bureau of 14.31Criminal Apprehension, health examination reports, and social/home studies. 14.32    (b)(1)Except as provided in paragraph (c), the following data on applicants, license 14.33holders, and former licensees are public: name, address, telephone number of licensees, 14.34date of receipt of a completed application, dates of licensure, licensed capacity, type of 14.35client preferred, variances granted, record of training and education in child care and child 15.1development, type of dwelling, name and relationship of other family members, previous 15.2license history, class of license, the existence and status of complaints, and the number 15.3of serious injuries to or deaths of individuals in the licensed program as reported to the 15.4commissioner of human services, the local social services agency, or any other county 15.5welfare agency. For purposes of this clause, a serious injury is one that is treated by a 15.6physician. 15.7When a correction order, an order to forfeit a fine, an order of license suspension, 15.8an order of temporary immediate suspension, an order of license revocation, an order 15.9of license denial, or an order of conditional license has been issued, or a complaint is 15.10resolved, the following data on current and former licensees and applicants are public: the 15.11substance and investigative findings of the licensing or maltreatment complaint, licensing 15.12violation, or substantiated maltreatment; the record of informal resolution of a licensing 15.13violation; orders of hearing; findings of fact; conclusions of law; specifications of the final 15.14correction order, fine, suspension, temporary immediate suspension, revocation, denial, or 15.15conditional license contained in the record of licensing action; whether a fine has been 15.16paid; and the status of any appeal of these actions. If a licensing sanction under section 15.17245A.07 , or a license denial under section 245A.05, is based on a determination that the 15.18license holder or applicant is responsible for maltreatment or is disqualified under chapter 15.19245C, the identity of the license holder or applicant as the individual responsible for 15.20maltreatment or as the disqualified individual is public data at the time of the issuance of 15.21the licensing sanction or denial. 15.22    (2) Notwithstanding sections 626.556, subdivision 11, and 626.557, subdivision 12b, 15.23when any person subject to disqualification under section 245C.14 in connection with a 15.24license to provide family day care for children, child care center services, foster care 15.25for children in the provider's home, or foster care or day care services for adults in the 15.26provider's home is a substantiated perpetrator of maltreatment, and the substantiated 15.27maltreatment is a reason for a licensing action, the identity of the substantiated perpetrator 15.28of maltreatment is public data. For purposes of this clause, a person is a substantiated 15.29perpetrator if the maltreatment determination has been upheld under section 256.045; 15.30626.556, subdivision 10i ; 626.557, subdivision 9d; or chapter 14, or if an individual or 15.31facility has not timely exercised appeal rights under these sections, except as provided 15.32under clause (1). 15.33    (3) For applicants who withdraw their application prior to licensure or denial of a 15.34license, the following data are public: the name of the applicant, the city and county in 15.35which the applicant was seeking licensure, the dates of the commissioner's receipt of the 16.1initial application and completed application, the type of license sought, and the date 16.2of withdrawal of the application. 16.3    (4) For applicants who are denied a license, the following data are public: the name 16.4and address of the applicant, the city and county in which the applicant was seeking 16.5licensure, the dates of the commissioner's receipt of the initial application and completed 16.6application, the type of license sought, the date of denial of the application, the nature of 16.7the basis for the denial, the record of informal resolution of a denial, orders of hearings, 16.8findings of fact, conclusions of law, specifications of the final order of denial, and the 16.9status of any appeal of the denial. 16.10    (5) The following data on persons subject to disqualification under section 245C.14 16.11in connection with a license to provide family day care for children, child care center 16.12services, foster care for children in the provider's home, or foster care or day care services 16.13for adults in the provider's home, are public: the nature of any disqualification set 16.14aside under section 245C.22, subdivisions 2 and 4, and the reasons for setting aside the 16.15disqualification; the nature of any disqualification for which a variance was granted under 16.16sections 245A.04, subdivision 9; and 245C.30, and the reasons for granting any variance 16.17under section 245A.04, subdivision 9; and, if applicable, the disclosure that any person 16.18subject to a background study under section 245C.03, subdivision 1, has successfully 16.19passed a background study. If a licensing sanction under section 245A.07, or a license 16.20denial under section 245A.05, is based on a determination that an individual subject to 16.21disqualification under chapter 245C is disqualified, the disqualification as a basis for the 16.22licensing sanction or denial is public data. As specified in clause (1), if the disqualified 16.23individual is the license holder or applicant, the identity of the license holder or applicant 16.24is public data. If the disqualified individual is an individual other than the license holder 16.25or applicant, the identity of the disqualified individual shall remain private data. 16.26    (6) When maltreatment is substantiated under section 626.556 or 626.557 and the 16.27victim and the substantiated perpetrator are affiliated with a program licensed under 16.28chapter 245A, the commissioner of human services, local social services agency, or 16.29county welfare agency may inform the license holder where the maltreatment occurred of 16.30the identity of the substantiated perpetrator and the victim. 16.31    (7) Notwithstanding clause (1), for child foster care, only the name of the license 16.32holder and the status of the license are public if the county attorney has requested that data 16.33otherwise classified as public data under clause (1) be considered private data based on the 16.34best interests of a child in placement in a licensed program. 16.35    (c) The following are private data on individuals under section 13.02, subdivision 16.3612 , or nonpublic data under section 13.02, subdivision 9: personal and personal financial 17.1data on family day care program and family foster care program applicants and licensees 17.2and their family members who provide services under the license. 17.3    (d) The following are private data on individuals: the identity of persons who have 17.4made reports concerning licensees or applicants that appear in inactive investigative data, 17.5and the records of clients or employees of the licensee or applicant for licensure whose 17.6records are received by the licensing agency for purposes of review or in anticipation of a 17.7contested matter. The names of reporters of complaints or alleged violations of licensing 17.8standards under chapters 245A, 245B, 245C, and applicable rules and alleged maltreatment 17.9under sections 626.556 and 626.557, are confidential data and may be disclosed only as 17.10provided in section 626.556, subdivision 11, or 626.557, subdivision 12b. 17.11    (e) Data classified as private, confidential, nonpublic, or protected nonpublic under 17.12this subdivision become public data if submitted to a court or administrative law judge as 17.13part of a disciplinary proceeding in which there is a public hearing concerning a license 17.14which has been suspended, immediately suspended, revoked, or denied. 17.15    (f) Data generated in the course of licensing investigations that relate to an alleged 17.16violation of law are investigative data under subdivision 3. 17.17    (g) Data that are not public data collected, maintained, used, or disseminated under 17.18this subdivision that relate to or are derived from a report as defined in section 626.556, 17.19subdivision 2 , or 626.5572, subdivision 18, are subject to the destruction provisions of 17.20sections 626.556, subdivision 11c, and 626.557, subdivision 12b. 17.21    (h) Upon request, not public data collected, maintained, used, or disseminated under 17.22this subdivision that relate to or are derived from a report of substantiated maltreatment as 17.23defined in section 626.556 or 626.557 may be exchanged with the Department of Health 17.24for purposes of completing background studies pursuant to section 144.057 and with 17.25the Department of Corrections for purposes of completing background studies pursuant 17.26to section 241.021. 17.27    (i) Data on individuals collected according to licensing activities under chapters 17.28245A and 245C, and data on individuals collected by the commissioner of human services 17.29according to maltreatment investigations under sections 626.556 and 626.557, may be 17.30shared with the Department of Human Rights, the Department of Health, the Department 17.31of Corrections, the ombudsman for mental health and developmental disabilities, and 17.32the individual's professional regulatory board when there is reason to believe that laws 17.33or standards under the jurisdiction of those agencies may have been violated. Unless 17.34otherwise specified in this chapter, the identity of a reporter of alleged maltreatment or 17.35licensing violations may not be disclosed. 18.1    (j) In addition to the notice of determinations required under section 626.556, 18.2subdivision 10f , if the commissioner or the local social services agency has determined 18.3that an individual is a substantiated perpetrator of maltreatment of a child based on sexual 18.4abuse, as defined in section 626.556, subdivision 2, and the commissioner or local social 18.5services agency knows that the individual is a person responsible for a child's care in 18.6another facility, the commissioner or local social services agency shall notify the head 18.7of that facility of this determination. The notification must include an explanation of the 18.8individual's available appeal rights and the status of any appeal. If a notice is given under 18.9this paragraph, the government entity making the notification shall provide a copy of the 18.10notice to the individual who is the subject of the notice. 18.11    (k) All not public data collected, maintained, used, or disseminated under this 18.12subdivision and subdivision 3 may be exchanged between the Department of Human 18.13Services, Licensing Division, and the Department of Corrections for purposes of 18.14regulating services for which the Department of Human Services and the Department 18.15of Corrections have regulatory authority. 18.16    Sec. 27. Minnesota Statutes 2010, section 13.46, subdivision 5, is amended to read: 18.17    Subd. 5. Medical data; contracts. Data relating to the medical, psychiatric, or 18.18mental health of any individual, including diagnosis, progress charts, treatment received, 18.19case histories, and opinions of health care providers, that is collected, new text begin are new text end maintained, 18.20used, or disseminated by any agency to the welfare system is private data on individuals 18.21and will be available to the data subject, unless the private health care provider has clearly 18.22requested in writing that the data be withheld pursuant to sections 144.291 to 144.298. 18.23Data on individuals that is collected, maintained, used, or disseminated by a private health 18.24care provider under contract to any agency of the welfare system is new text begin are new text end private data on 18.25individuals, and is new text begin are new text end subject to the provisions of sections 13.02 to 13.07 and this section, 18.26except that the provisions of section 13.04, subdivision 3, shall not apply. Access to 18.27medical data referred to in this subdivision by the individual who is the subject of the data 18.28is subject to the provisions of sections 144.291 to 144.298. Access to information that is 18.29maintained by the public authority responsible for support enforcement and that is needed 18.30to enforce medical support is subject to the provisions of section 518A.41. 18.31    Sec. 28. Minnesota Statutes 2010, section 13.46, subdivision 6, is amended to read: 18.32    Subd. 6. Other data. Data collected, used, maintained, or disseminated by the 18.33welfare system that is new text begin are new text end not data on individuals is new text begin are new text end public pursuant to section 13.03, 18.34except the following data: 19.1(a) investigative data classified by section 13.39; 19.2(b) welfare investigative data classified by section 13.46, subdivision 3; and 19.3(c) security information classified by section 13.37, subdivision 2. 19.4    Sec. 29. Minnesota Statutes 2010, section 13.462, subdivision 1, is amended to read: 19.5    Subdivision 1. Definition. As used in this section, "benefit data" means new text begin are new text end data on 19.6individuals collected or created because an individual seeks information about becoming, 19.7is, or was an applicant for or a recipient of benefits or services provided under various 19.8housing, home ownership, rehabilitation and community action agency, Head Start, and 19.9food assistance programs administered by government entities. Benefit data does not 19.10include welfare data which shall be administered in accordance with section 13.46. 19.11    Sec. 30. Minnesota Statutes 2010, section 13.47, subdivision 1, is amended to read: 19.12    Subdivision 1. Definitions. (a) "Employment and training data" means new text begin are new text end data on 19.13individuals collected, maintained, used, or disseminated because an individual applies for, 19.14is currently enrolled in, or has been enrolled in employment and training programs funded 19.15with federal, state, or local resources, including those provided under the Workforce 19.16Investment Act of 1998, United States Code, title 29, section 2801. 19.17(b) "Employment and training service provider" means an entity certified, or seeking 19.18to be certified, by the commissioner of employment and economic development to 19.19deliver employment and training services under section 116J.401, subdivision 2, or an 19.20organization that contracts with a certified entity or the Department of Employment and 19.21Economic Development to deliver employment and training services. 19.22(c) "Provider of training services" means an organization or entity that provides 19.23training under the Workforce Investment Act of 1998, United States Code, title 29, 19.24section 2801. 19.25    Sec. 31. Minnesota Statutes 2010, section 13.485, is amended by adding a subdivision 19.26to read: 19.27     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 19.28 new text begin by a corporation created by a political subdivision before May 31, 1997, are governed by new text end 19.29 new text begin section 465.719, subdivision 14. new text end 19.30    Sec. 32. Minnesota Statutes 2010, section 13.485, is amended by adding a subdivision 19.31to read: 20.1     new text begin Subd. 6. new text end new text begin Northern Technology Initiative, Inc. new text end new text begin Government data maintained by new text end 20.2 new text begin Northern Technology Initiative, Inc. are classified under section 116T.02, subdivisions new text end 20.3 new text begin 7 and 8. new text end 20.4    Sec. 33. Minnesota Statutes 2010, section 13.548, is amended to read: 20.513.548 SOCIAL RECREATIONAL DATA. 20.6The following data collected and maintained by political subdivisions for the purpose 20.7of enrolling individuals in recreational and other social programs are classified as private, 20.8pursuant to section 13.02, subdivision 12: the name, address, telephone number, any other 20.9data that identifies new text begin identify new text end the individual, and any data which describes the health or 20.10medical condition of the individual, family relationships and living arrangements of an 20.11individual or which are opinions as to the emotional makeup or behavior of an individual. 20.12    Sec. 34. Minnesota Statutes 2010, section 13.585, subdivision 2, is amended to read: 20.13    Subd. 2. Confidential data. The following data on individuals maintained by the 20.14housing agency are classified as confidential data, pursuant to section 13.02, subdivision 20.153 : correspondence between the agency and the agency's attorney containing data collected 20.16as part of an active investigation undertaken for the purpose of the commencement or 20.17defense of potential or actual litigation, including but not limited to: referrals to the Office 20.18of the Inspector General or other prosecuting agencies for possible prosecution for fraud; 20.19initiation of lease terminations and eviction actions; admission denial hearings concerning 20.20prospective tenants; commencement of actions against independent contractors of the 20.21agency; and tenant grievance hearings. 20.22    Sec. 35. Minnesota Statutes 2010, section 13.585, subdivision 3, is amended to read: 20.23    Subd. 3. Protected nonpublic data. The following data not on individuals 20.24maintained by the housing agency are classified as protected nonpublic data, pursuant 20.25to section 13.02, subdivision 13: correspondence between the agency and the agency's 20.26attorney containing data collected as part of an active investigation undertaken for the 20.27purpose of the commencement or defense of potential or actual litigation, including but 20.28not limited to, referrals to the Office of the Inspector General or other prosecuting bodies 20.29or agencies for possible prosecution for fraud and commencement of actions against 20.30independent contractors of the agency. 20.31    Sec. 36. Minnesota Statutes 2010, section 13.601, subdivision 3, is amended to read: 21.1    Subd. 3. Applicants for appointment. (a) Data about applicants for appointment to 21.2a public body collected by a government entity as a result of the applicant's application for 21.3appointment to the public body are private data on individuals except that the following 21.4are public: 21.5    (1) name; 21.6    (2) city of residence, except when the appointment has a residency requirement that 21.7requires the entire address to be public; 21.8    (3) education and training; 21.9    (4) employment history; 21.10    (5) volunteer work; 21.11    (6) awards and honors; 21.12    (7) prior government service; and 21.13    (8) any data required to be provided or that is new text begin are new text end voluntarily provided in an 21.14application for appointment to a multimember agency pursuant to section 15.0597. new text begin ; and new text end 21.15 new text begin (9) veteran status. new text end 21.16    (b) Once an individual is appointed to a public body, the following additional items 21.17of data are public: 21.18    (1) residential address; and 21.19    (2) either a telephone number or electronic mail address where the appointee can be 21.20reached, or both at the request of the appointee. new text begin ; new text end 21.21 new text begin (3) first and last dates of service on the public body; new text end 21.22 new text begin (4) the existence and status of any complaints or charges against an appointee; and new text end 21.23 new text begin (5) upon completion of an investigation of a complaint or charge against an new text end 21.24 new text begin appointee, the final investigative report is public, unless access to the data would new text end 21.25 new text begin jeopardize an active investigation. new text end 21.26    (c) Notwithstanding paragraph (b), any electronic mail address or telephone number 21.27provided by a public body for use by an appointee shall be public. An appointee may 21.28use an electronic mail address or telephone number provided by the public body as the 21.29designated electronic mail address or telephone number at which the appointee can be 21.30reached. 21.31    Sec. 37. Minnesota Statutes 2010, section 13.605, is amended by adding a subdivision 21.32to read: 21.33     new text begin Subd. 3. new text end new text begin Legal fees to defend legislature; claims by current or former legislative new text end 21.34 new text begin employees. new text end new text begin The complete terms of any contract or other arrangement to retain counsel to new text end 22.1 new text begin defend the house of representatives, senate, or the legislature as a whole against a claim new text end 22.2 new text begin brought by a former employee is public. new text end 22.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 22.4 new text begin and applies to contracts or arrangements entered on or after that date. new text end 22.5    Sec. 38. Minnesota Statutes 2010, section 13.605, is amended by adding a subdivision 22.6to read: 22.7     new text begin Subd. 4. new text end new text begin Settlement agreements with current or former legislative employees. new text end 22.8 new text begin The complete terms of any agreement or arrangement, including a buyout agreement, new text end 22.9 new text begin resulting from amending, terminating, or otherwise modifying an employment relationship new text end 22.10 new text begin with an employee of the legislature are public. new text end 22.11 new text begin An agreement or arrangement with a current or former employee of the legislature new text end 22.12 new text begin involving the payment of more than $10,000 of public money, or resulting from new text end 22.13 new text begin terminating an employment relationship that includes a lump sum payment made in lieu of new text end 22.14 new text begin salary or other compensation, must include all of the specific reasons for the agreement. new text end 22.15 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 22.16 new text begin and applies to agreements or arrangements entered on or after that date. new text end 22.17    Sec. 39. Minnesota Statutes 2010, section 13.64, is amended by adding a subdivision 22.18to read: 22.19     new text begin Subd. 3. new text end new text begin Unofficial fiscal notes. new text end new text begin (a) For purposes of this subdivision, "unofficial new text end 22.20 new text begin fiscal note" means a fiscal note requested by or on behalf of a member of the legislature new text end 22.21 new text begin on draft language for a bill that has not been introduced. new text end 22.22 new text begin (b) This paragraph applies if a request for an unofficial fiscal note is accompanied new text end 22.23 new text begin by a directive from the requester that the data be classified under this paragraph. new text end 22.24 new text begin Government data on the request, the bill draft, and the unofficial fiscal note are private new text end 22.25 new text begin data on individuals or nonpublic data, provided that the data are accessible to, and new text end 22.26 new text begin may be disclosed by, the requester. If the unofficial fiscal note or an updated version new text end 22.27 new text begin is subsequently used for an introduced bill, or for any portion of any other bill which new text end 22.28 new text begin legislative action is taken, the fiscal note becomes public data. new text end 22.29    Sec. 40. Minnesota Statutes 2010, section 13.643, subdivision 5, is amended to read: 22.30    Subd. 5. Data received from federal government. All data received by the 22.31Department of Agriculture from the United States Department of Health and Human 22.32Services, the Food and Drug Administration, and the Agriculture, Food Safety, and 23.1Inspection Service that is new text begin are new text end necessary for the purpose of carrying out the Department 23.2of Agriculture's statutory food safety regulatory and enforcement duties are classified 23.3as nonpublic data under section 13.02, subdivision 9, and private data on individuals 23.4under section 13.02, subdivision 12. This section does not preclude the obligation of the 23.5Department of Agriculture to appropriately inform consumers of issues that could affect 23.6public health. 23.7    Sec. 41. Minnesota Statutes 2010, section 13.643, subdivision 7, is amended to read: 23.8    Subd. 7. Research, monitoring, or assessment data. (a) Except as provided in 23.9paragraph (b), the following data created, collected, and maintained by the Department of 23.10Agriculture during research, monitoring, or the assessment of farm practices and related 23.11to natural resources, the environment, agricultural facilities, or agricultural practices are 23.12classified as private or nonpublic: 23.13(1) names, addresses, telephone numbers, and e-mail addresses of study participants 23.14or cooperators; and 23.15(2) location of research, study site, and global positioning system data. 23.16(b) The following data is new text begin are new text end public: 23.17(1) location data and unique well numbers for wells and springs unless protected 23.18under section 18B.10 or another statute or rule; and 23.19(2) data from samples collected from a public water supply as defined in section 23.20144.382, subdivision 4 . 23.21(c) The Department of Agriculture may disclose data collected under paragraph (a) if 23.22the Department of Agriculture determines that there is a substantive threat to human health 23.23and safety or to the environment, or to aid in the law enforcement process. The Department 23.24of Agriculture may also disclose data with written consent of the subject of the data. 23.25    Sec. 42. Minnesota Statutes 2010, section 13.6435, is amended by adding a subdivision 23.26to read: 23.27     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 23.28 new text begin and disclosure statements submitted to the commissioner of agriculture regarding new text end 23.29 new text begin ethanol producer payments pursuant to section 41A.09 are governed by section 41A.09, new text end 23.30 new text begin subdivision 3a. new text end 23.31    Sec. 43. Minnesota Statutes 2010, section 13.65, subdivision 1, is amended to read: 23.32    Subdivision 1. Private data. The following data created, collected and maintained 23.33by the Office of the Attorney General are classified as private data on individuals: 24.1(a) the record, including but not limited to, the transcript and exhibits of all 24.2disciplinary proceedings held by a state agency, board or commission, except in those 24.3instances where there is a public hearing; 24.4(b) communications and noninvestigative files regarding administrative or policy 24.5matters which do not evidence final public actions; 24.6(c) consumer complaint data, other than that new text begin those new text end data classified as confidential, 24.7including consumers' complaints against businesses and follow-up investigative materials; 24.8(d) investigative data, obtained in anticipation of, or in connection with litigation or 24.9an administrative proceeding where the investigation is not currently active; and 24.10(e) data collected by the Consumer Division of the Attorney General's Office in its 24.11administration of the home protection hot line including: the name, address, and phone 24.12number of the consumer; the name and address of the mortgage company; the total amount 24.13of the mortgage; the amount of money needed to bring the delinquent mortgage current; 24.14the consumer's place of employment; the consumer's total family income; and the history 24.15of attempts made by the consumer to renegotiate a delinquent mortgage. 24.16    Sec. 44. Minnesota Statutes 2010, section 13.65, subdivision 2, is amended to read: 24.17    Subd. 2. Confidential data. The following data created, collected and maintained 24.18by the Office of the Attorney General are classified as confidential, pursuant to section 24.1913.02, subdivision 3 : data acquired through communications made in official confidence 24.20to members of the attorney general's staff where the public interest would suffer by 24.21disclosure of the data. 24.22    Sec. 45. Minnesota Statutes 2010, section 13.65, subdivision 3, is amended to read: 24.23    Subd. 3. Public data. Data describing the final disposition of disciplinary 24.24proceedings held by any state agency, board new text begin , new text end or commission are classified as public, 24.25pursuant to section 13.02, subdivision 15. 24.26    Sec. 46. Minnesota Statutes 2010, section 13.679, subdivision 2, is amended to read: 24.27    Subd. 2. Utility or telephone company employee or customer. (a) The following 24.28are private data on individuals: data collected by the commissioner of commerce or the 24.29Public Utilities Commission, including the names or any other data that would reveal the 24.30identity of either an employee or customer of a telephone company or public utility who 24.31files a complaint or provides information regarding a violation or suspected violation by 24.32the telephone company or public utility of any federal or state law or rule; except this new text begin these new text end 24.33data may be released as needed to law enforcement authorities. 25.1(b) The following are private data on individuals: data collected by the commission 25.2or the commissioner of commerce on individual public utility or telephone company 25.3customers or prospective customers, including copies of tax forms, needed to administer 25.4federal or state programs that provide relief from telephone company bills, public utility 25.5bills, or cold weather disconnection. The determination of eligibility of the customers 25.6or prospective customers may be released to public utilities or telephone companies to 25.7administer the programs. 25.8    Sec. 47. Minnesota Statutes 2010, section 13.719, subdivision 1, is amended to read: 25.9    Subdivision 1. Comprehensive health insurance data. (a) The following data 25.10on eligible persons and enrollees of the state comprehensive health insurance plan are 25.11classified as private: all data collected or maintained by the Minnesota Comprehensive 25.12Health Association, the writing carrier, and the Department of Commerce. 25.13(b) The Minnesota Comprehensive Health Association is considered a state agency 25.14for purposes of this chapter. 25.15(c) The Minnesota Comprehensive Health Association may disclose data on eligible 25.16persons and enrollees of the state comprehensive health insurance plan to conduct actuarial 25.17and research studies, notwithstanding the classification of this new text begin these new text end data, if: 25.18(1) the board authorizes the disclosure; 25.19(2) no individual may be identified in the actuarial or research report; 25.20(3) materials allowing an individual to be identified are returned or destroyed as soon 25.21as they are no longer needed; and 25.22(4) the actuarial or research organization agrees not to disclose the information 25.23unless the disclosure would be permitted under this chapter is made by the association. 25.24    Sec. 48. Minnesota Statutes 2010, section 13.719, subdivision 5, is amended to read: 25.25    Subd. 5. Data on insurance companies and township mutual companies. The 25.26following data collected and maintained by the Department of Commerce are classified 25.27as nonpublic data: 25.28(a) that portion of any of the following data which would identify the affected 25.29insurance company or township mutual company: (1) any order issued pursuant to 25.30section 60A.031, subdivision 5, or 67A.241, subdivision 4, and based in whole or in 25.31part upon a determination or allegation by the Commerce Department or commissioner 25.32that an insurance company or township mutual company is in an unsound, impaired, or 25.33potentially unsound or impaired condition; or (2) any stipulation, consent agreement, letter 25.34agreement, or similar document evidencing the settlement of any proceeding commenced 26.1pursuant to an order of a type described in clause (1), or an agreement between the 26.2department and an insurance company or township mutual company entered in lieu of the 26.3issuance of an order of the type described in clause (1); and 26.4(b) any correspondence or attachments relating to the data listed in this subdivision. 26.5    Sec. 49. Minnesota Statutes 2010, section 13.7191, subdivision 14, is amended to read: 26.6    Subd. 14. Requirements for health plan companies. (a) Minnesota Risk 26.7Adjustment Association. Data privacy issues concerning the Minnesota Risk Adjustment 26.8Association are governed by section 62Q.03, subdivision 9. 26.9(b) Essential community provider. Data on applications for designation as an 26.10essential community provider are classified under section 62Q.19, subdivision 2. 26.11(c) Disclosure of executive compensation. Disclosure of certain data to consumer 26.12advisory boards is governed by section 62Q.64. 26.13 new text begin (d) new text end new text begin Audits conducted by independent organizations. new text end new text begin Data provided by an new text end 26.14 new text begin independent organization related to an audit report are governed by section 62Q.37, new text end 26.15 new text begin subdivision 8. new text end 26.16    Sec. 50. Minnesota Statutes 2010, section 13.7191, subdivision 18, is amended to read: 26.17    Subd. 18. Workers' compensation self-insurance. (a) Self-Insurers' Advisory 26.18Committee. Data received by the Self-Insurers' Advisory Committee from the 26.19commissioner are classified under section 79A.02, subdivision 2. 26.20(b) Self-insurers' security fund. Disclosure of certain data received by the 26.21self-insurers' security is governed by section 79A.09, subdivision 4. 26.22(c) Commercial self-insurers' security fund. Disclosure of certain data received by 26.23the commercial self-insurers' security fund is governed by section 79A.26, subdivision 4. 26.24 new text begin (d) new text end new text begin Self-insurers' security fund and the board of trustees. new text end new text begin The security fund and new text end 26.25 new text begin its board of trustees are governed by section 79A.16. new text end 26.26 new text begin (e) new text end new text begin Commercial self-insurance group security fund. new text end new text begin The commercial new text end 26.27 new text begin self-insurance group security fund and its board of trustees are governed by section new text end 26.28 new text begin 79A.28. new text end 26.29    Sec. 51. Minnesota Statutes 2010, section 13.72, is amended by adding a subdivision 26.30to read: 26.31     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 26.32 new text begin by the Department of Transportation to administer the adopt-a-highway program are new text end 27.1 new text begin classified as private data on individuals: home addresses, except for zip codes; home new text end 27.2 new text begin e-mail addresses; and home telephone numbers. new text end 27.3    Sec. 52. Minnesota Statutes 2010, section 13.7932, is amended to read: 27.413.7932 LOGGER SAFETY AND EDUCATION PROGRAM DATA. 27.5    The following data collected from persons who attend safety and education programs 27.6or seminars for loggers established or approved by the commissioner under section 27.7176.130, subdivision 11, is new text begin are new text end public data: 27.8    (1) the names of the individuals attending the program or seminar; 27.9    (2) the names of each attendee's employer; 27.10    (3) the city where the employer is located; 27.11    (4) the date the program or seminar was held; and 27.12    (5) a description of the seminar or program. 27.13    Sec. 53. Minnesota Statutes 2010, section 13.82, subdivision 2, is amended to read: 27.14    Subd. 2. Arrest data. The following data created or collected by law enforcement 27.15agencies which documents new text begin document new text end any actions taken by them to cite, arrest, incarcerate 27.16or otherwise substantially deprive an adult individual of liberty shall be public at all 27.17times in the originating agency: 27.18(a) time, date and place of the action; 27.19(b) any resistance encountered by the agency; 27.20(c) any pursuit engaged in by the agency; 27.21(d) whether any weapons were used by the agency or other individual; 27.22(e) the charge, arrest or search warrants, or other legal basis for the action; 27.23(f) the identities of the agencies, units within the agencies and individual persons 27.24taking the action; 27.25(g) whether and where the individual is being held in custody or is being incarcerated 27.26by the agency; 27.27(h) the date, time and legal basis for any transfer of custody and the identity of the 27.28agency or person who received custody; 27.29(i) the date, time and legal basis for any release from custody or incarceration; 27.30(j) the name, age, sex and last known address of an adult person or the age and sex 27.31of any juvenile person cited, arrested, incarcerated or otherwise substantially deprived 27.32of liberty; 27.33(k) whether the agency employed wiretaps or other eavesdropping techniques, unless 27.34the release of this specific data would jeopardize an ongoing investigation; 28.1(l) the manner in which the agencies received the information that led to the arrest 28.2and the names of individuals who supplied the information unless the identities of those 28.3individuals qualify for protection under subdivision 17; and 28.4(m) response or incident report number. 28.5    Sec. 54. Minnesota Statutes 2010, section 13.82, subdivision 3, is amended to read: 28.6    Subd. 3. Request for service data. The following data created or collected by 28.7law enforcement agencies which documents new text begin document new text end requests by the public for law 28.8enforcement services shall be public government data: 28.9(a) the nature of the request or the activity complained of; 28.10(b) the name and address of the individual making the request unless the identity of 28.11the individual qualifies for protection under subdivision 17; 28.12(c) the time and date of the request or complaint; and 28.13(d) the response initiated and the response or incident report number. 28.14    Sec. 55. Minnesota Statutes 2010, section 13.82, subdivision 6, is amended to read: 28.15    Subd. 6. Response or incident data. The following data created or collected by 28.16law enforcement agencies which documents new text begin document new text end the agency's response to a request 28.17for service including, but not limited to, responses to traffic accidents, or which describes new text begin new text end 28.18 new text begin describe new text end actions taken by the agency on its own initiative shall be public government data: 28.19(a) date, time and place of the action; 28.20(b) agencies, units of agencies and individual agency personnel participating in the 28.21action unless the identities of agency personnel qualify for protection under subdivision 17; 28.22(c) any resistance encountered by the agency; 28.23(d) any pursuit engaged in by the agency; 28.24(e) whether any weapons were used by the agency or other individuals; 28.25(f) a brief factual reconstruction of events associated with the action; 28.26(g) names and addresses of witnesses to the agency action or the incident unless the 28.27identity of any witness qualifies for protection under subdivision 17; 28.28(h) names and addresses of any victims or casualties unless the identities of those 28.29individuals qualify for protection under subdivision 17; 28.30(i) the name and location of the health care facility to which victims or casualties 28.31were taken; 28.32(j) response or incident report number; 28.33(k) dates of birth of the parties involved in a traffic accident; 28.34(l) whether the parties involved were wearing seat belts; and 29.1(m) the alcohol concentration of each driver. 29.2    Sec. 56. Minnesota Statutes 2010, section 13.82, subdivision 7, is amended to read: 29.3    Subd. 7. Criminal investigative data. Except for the data defined in subdivisions 29.42, 3, and 6, investigative data collected or created by a law enforcement agency in order 29.5to prepare a case against a person, whether known or unknown, for the commission of a 29.6crime or other offense for which the agency has primary investigative responsibility is new text begin are new text end 29.7confidential or protected nonpublic while the investigation is active. Inactive investigative 29.8data is new text begin are new text end public unless the release of the data would jeopardize another ongoing 29.9investigation or would reveal the identity of individuals protected under subdivision 17. 29.10Photographs which are part of inactive investigative files and which are clearly offensive 29.11to common sensibilities are classified as private or nonpublic data, provided that the 29.12existence of the photographs shall be disclosed to any person requesting access to the 29.13inactive investigative file. An investigation becomes inactive upon the occurrence of any 29.14of the following events: 29.15(a) a decision by the agency or appropriate prosecutorial authority not to pursue 29.16the case; 29.17(b) expiration of the time to bring a charge or file a complaint under the applicable 29.18statute of limitations, or 30 years after the commission of the offense, whichever comes 29.19earliest; or 29.20(c) exhaustion of or expiration of all rights of appeal by a person convicted on 29.21the basis of the investigative data. 29.22Any investigative data presented as evidence in court shall be public. Data 29.23determined to be inactive under clause (a) may become active if the agency or appropriate 29.24prosecutorial authority decides to renew the investigation. 29.25During the time when an investigation is active, any person may bring an action in 29.26the district court located in the county where the data is new text begin are new text end being maintained to authorize 29.27disclosure of investigative data. The court may order that all or part of the data relating to 29.28a particular investigation be released to the public or to the person bringing the action. In 29.29making the determination as to whether investigative data shall be disclosed, the court 29.30shall consider whether the benefit to the person bringing the action or to the public 29.31outweighs any harm to the public, to the agency or to any person identified in the data. 29.32The data in dispute shall be examined by the court in camera. 29.33    Sec. 57. Minnesota Statutes 2010, section 13.82, is amended by adding a subdivision 29.34to read: 30.1     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 30.2 new text begin that become inactive under subdivision 7 that are a person's financial account number or new text end 30.3 new text begin transaction numbers are private or nonpublic data. new text end 30.4    Sec. 58. Minnesota Statutes 2010, section 13.83, subdivision 2, is amended to read: 30.5    Subd. 2. Public data. Unless specifically classified otherwise by state statute or 30.6federal law, the following data created or collected by a medical examiner or coroner on 30.7a deceased individual is new text begin are new text end public: name of the deceased; date of birth; date of death; 30.8address; sex; race; citizenship; height; weight; hair color; eye color; build; complexion; 30.9age, if known, or approximate age; identifying marks, scars and amputations; a description 30.10of the decedent's clothing; marital status; location of death including name of hospital 30.11where applicable; name of spouse; whether or not the decedent ever served in the armed 30.12forces of the United States; occupation; business; father's name (also birth name, if 30.13different); mother's name (also birth name, if different); birthplace; birthplace of parents; 30.14cause of death; causes of cause of death; whether an autopsy was performed and if so, 30.15whether it was conclusive; date and place of injury, if applicable, including work place; 30.16how injury occurred; whether death was caused by accident, suicide, homicide, or was 30.17of undetermined cause; certification of attendance by physician; physician's name and 30.18address; certification by coroner or medical examiner; name and signature of coroner 30.19or medical examiner; type of disposition of body; burial place name and location, if 30.20applicable; date of burial, cremation or removal; funeral home name and address; and 30.21name of local register or funeral director. 30.22    Sec. 59. Minnesota Statutes 2010, section 13.83, subdivision 4, is amended to read: 30.23    Subd. 4. Investigative data. Data created or collected by a county coroner or 30.24medical examiner which is new text begin are new text end part of an active investigation mandated by chapter 390, or 30.25any other general or local law relating to coroners or medical examiners is new text begin are new text end confidential 30.26data or protected nonpublic data, until the completion of the coroner's or medical 30.27examiner's final summary of findings but may be disclosed to a state or federal agency 30.28charged by law with investigating the death of the deceased individual about whom the 30.29medical examiner or coroner has medical examiner data. Upon completion of the coroner's 30.30or medical examiner's final summary of findings, the data collected in the investigation 30.31and the final summary of it are private or nonpublic data. However, if the final summary 30.32and the record of death indicate the manner of death is homicide, undetermined, or 30.33pending investigation and there is an active law enforcement investigation, within the 30.34meaning of section 13.82, subdivision 7, relating to the death of the deceased individual, 31.1the data remain confidential or protected nonpublic. Upon review by the county attorney 31.2of the jurisdiction in which the law enforcement investigation is active, the data may be 31.3released to persons described in subdivision 8 if the county attorney determines release 31.4would not impede the ongoing investigation. When the law enforcement investigation 31.5becomes inactive, the data are private or nonpublic data. Nothing in this subdivision shall 31.6be construed to make not public the data elements identified in subdivision 2 at any point 31.7in the investigation or thereafter. 31.8    Sec. 60. Minnesota Statutes 2010, section 13.83, subdivision 6, is amended to read: 31.9    Subd. 6. Classification of other data. Unless a statute specifically provides a 31.10different classification, all other data created or collected by a county coroner or medical 31.11examiner that is new text begin are new text end not data on deceased individuals or the manner and circumstances of 31.12their death is new text begin are new text end public pursuant to section 13.03. 31.13    Sec. 61. Minnesota Statutes 2010, section 13.87, subdivision 2, is amended to read: 31.14    Subd. 2. Firearms data. All data pertaining to the purchase or transfer of firearms 31.15and applications for permits to carry firearms which are collected by government entities 31.16pursuant to sections 624.712 to 624.719 are classified as private, pursuant to section 31.1713.02, subdivision 12 . 31.18    Sec. 62. Minnesota Statutes 2010, section 13D.015, subdivision 5, is amended to read: 31.19    Subd. 5. Notice. If telephone or another electronic means is used to conduct a 31.20regular, special, or emergency meeting, the entity shall provide notice of the regular 31.21meeting location, of the fact that some members may participate by electronic means, 31.22and of the provisions of subdivision 4. The timing and method of providing notice is 31.23governed by section 13D.04. In addition, the entity must post the notice on its Web site 31.24at least ten days before the new text begin any regular or special new text end meeting new text begin as defined in section 13D.04, new text end 31.25 new text begin subdivision 1 or 2 new text end . 31.26    Sec. 63. new text begin [13D.08] OPEN MEETING LAW CODED ELSEWHERE. new text end 31.27     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 31.28 new text begin Health are governed by section 35.0661, subdivision 1. new text end 31.29     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 31.30 new text begin Minnesota Life and Health Guaranty Association Board of Directors are governed by new text end 31.31 new text begin section 61B.22. new text end 32.1     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 32.2 new text begin Comprehensive Health Association are governed by section 62E.10, subdivision 4. new text end 32.3     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 32.4 new text begin Technology Advisory Committee are governed by section 62J.156. new text end 32.5     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 32.6 new text begin Coverage Reinsurance Association are governed by section 62L.13, subdivision 3. new text end 32.7     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 32.8 new text begin and its board of trustees are governed by section 79A.16. new text end 32.9     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 32.10 new text begin commercial self-insurance group security fund are governed by section 79A.28. new text end 32.11     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 32.12 new text begin Lessard-Sams Outdoor Heritage Council are governed by section 97A.056, subdivision 5. new text end 32.13     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 32.14 new text begin Enterprise Minnesota, Inc. are governed by section 116O.03. new text end 32.15     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 32.16 new text begin Business Finance, Inc. are governed by section 116S.02. new text end 32.17     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 32.18 new text begin Technology Initiative, Inc. are governed by section 116T.02. new text end 32.19     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 32.20 new text begin Agricultural Utilization Research Institute are governed by section 116V.01, subdivision new text end 32.21 new text begin 10. new text end 32.22     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 32.23 new text begin section 144.581 are governed by section 144.581, subdivisions 4 and 5. new text end 32.24     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 32.25 new text begin the Advisory Council on Workers' Compensation are governed by section 175.007, new text end 32.26 new text begin subdivision 3. new text end 32.27     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 32.28 new text begin cooperative that has more than 50,000 members are governed by section 308A.327. new text end 32.29     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 32.30 new text begin 366.01, subdivision 11. new text end 32.31     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 32.32 new text begin Hennepin County Board on behalf of the HMO or Hennepin Healthcare System, Inc. are new text end 32.33 new text begin governed by section 383B.217. new text end 32.34     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 32.35 new text begin Healthcare System, Inc. are governed by section 383B.917. new text end 33.1    Sec. 64. Minnesota Statutes 2010, section 79A.16, is amended to read: 33.279A.16 OPEN MEETING; ADMINISTRATIVE PROCEDURE ACT. 33.3The security fund and its board of trustees shall not be subject to (1) the Open 33.4Meeting Law, new text begin chapter 13D, new text end (2) the Open Appointments Law, (3) the Data Privacy Law new text begin new text end 33.5 new text begin Minnesota Government Data Practices Act, chapter 13 new text end , and (4) except where specifically 33.6set forth, the Administrative Procedure Act. 33.7The Self-Insurers' Advisory Committee shall not be subject to clauses (2) and (4). 33.8    Sec. 65. Minnesota Statutes 2010, section 79A.28, is amended to read: 33.979A.28 OPEN MEETING; ADMINISTRATIVE PROCEDURE ACT. 33.10The commercial self-insurance group security fund and its board of trustees shall not 33.11be subject to: 33.12(1) the Open Meeting Law new text begin , chapter 13D new text end ; 33.13(2) the Open Appointments Law; 33.14(3) the Data Privacy Law new text begin Minnesota Government Data Practices Act, chapter 13 new text end ; and 33.15(4) except where specifically set forth, the Administrative Procedure Act. 33.16    Sec. 66. Minnesota Statutes 2010, section 84.0874, is amended to read: 33.1784.0874 ELECTRONIC LICENSING SYSTEM DATA. 33.18 new text begin (a) new text end The following data created, collected, stored, or maintained by the department 33.19for purposes of obtaining a noncommercial game and fish license, cross-country ski pass, 33.20horse pass, or snowmobile trail sticker; registering a recreational motor vehicle; or any 33.21other electronic licensing transaction are private data on individuals as defined in section 33.2213.02, subdivision 12 : name, addresses, driver's license number, and date of birth. The data 33.23may be disclosed for law enforcement purposes. The data, other than the driver's license 33.24number, may be disclosed to a government entity and for natural resources management 33.25purposes, including recruitment, retention, and training certification and verification. 33.26 new text begin (b) Private data on individuals under paragraph (a) may be disclosed as follows: new text end 33.27 new text begin (1) for use by any government agency, including a court or law enforcement agency, new text end 33.28 new text begin in carrying out its functions, or any private person or entity acting on behalf of a federal, new text end 33.29 new text begin state, or local agency in carrying out its functions; new text end 33.30 new text begin (2) for use in connection with matters of vehicle or operator safety and theft, new text end 33.31 new text begin emissions, product alterations, recalls or advisories, and performance monitoring; new text end 33.32 new text begin (3) for use in the normal course of business by a legitimate business or its agents, new text end 33.33 new text begin employees, or contractors, in order to verify the accuracy of personal information new text end 34.1 new text begin submitted by an individual. If the information as submitted is not correct or is no longer new text end 34.2 new text begin correct, correct information may be obtained only for the purpose of preventing fraud new text end 34.3 new text begin by, pursuing legal remedies against, or recovering on a debt or security interest against new text end 34.4 new text begin the individual. If the person requesting access is acting as the agent of a lienholder, the new text end 34.5 new text begin requestor must submit proof of a contract with the lienholder; new text end 34.6 new text begin (4) for use in connection with any civil, criminal, administrative, or arbitration new text end 34.7 new text begin proceedings in any federal, state, or local court or agency or before any self-regulatory new text end 34.8 new text begin body, including service of process, investigation in anticipation of litigation, and the new text end 34.9 new text begin execution or enforcement of judgments and orders, or pursuant to an order of a federal, new text end 34.10 new text begin state, or local court, provided that the requestor provides a copy of the court order; new text end 34.11 new text begin (5) for use in research activities and in producing statistical reports, provided that the new text end 34.12 new text begin personal information is not published, redisclosed, or used to contact individuals; new text end 34.13 new text begin (6) for use by any insurer or insurance support organization, or by a self-insured new text end 34.14 new text begin entity, or its agents, employees, or contractors, in connection with claims investigation new text end 34.15 new text begin activities, antifraud activities, rating, or underwriting. If the person requesting access is an new text end 34.16 new text begin agent of an insurance company, the requestor must provide the insurance company's name; new text end 34.17 new text begin (7) for use in providing notice to the owners of towed or impounded recreational new text end 34.18 new text begin vehicles or watercraft. The person requesting access must provide the name, address, and new text end 34.19 new text begin telephone number of the entity that requested that the recreational vehicle or watercraft new text end 34.20 new text begin be towed; new text end 34.21 new text begin (8) for use by any licensed private investigative agency or licensed security service new text end 34.22 new text begin for any purpose permitted under this section, provided that the person provides a copy new text end 34.23 new text begin of a valid license; new text end 34.24 new text begin (9) for use by a lake association to identify the owner of a recreational vehicle or new text end 34.25 new text begin recreational equipment whose data is classified under paragraph (a); and new text end 34.26 new text begin (10) for use by any requester with the written consent of the subject of the data. new text end 34.27    Sec. 67. Minnesota Statutes 2010, section 216C.266, is amended to read: 34.28216C.266 DATA PRIVACY; ENERGY PROGRAMS. 34.29     new text begin Subdivision 1. new text end new text begin Classification of application data. new text end Data on individuals collected, 34.30maintained, or created because an individual applies new text begin on behalf of a household new text end for benefits 34.31or services provided by the energy assistance and weatherization programs is new text begin are new text end private 34.32data on individuals and must not be disseminated except pursuant to section 13.05, 34.33subdivisions 3 and 4 new text begin , or as provided in this section new text end . 34.34     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 34.35 new text begin disseminate to the commissioner of human services the name, telephone number, and last new text end 35.1 new text begin four digits of the Social Security number of any individual who applies on behalf of new text end 35.2 new text begin a household for benefits or services provided by the energy assistance program if the new text end 35.3 new text begin household is determined to be eligible for the energy assistance program. new text end 35.4     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 35.5 new text begin services under subdivision 2 may be disclosed to a person other than the subject of the data new text end 35.6 new text begin only for the purpose of determining a household's eligibility for the telephone assistance new text end 35.7 new text begin program pursuant to section 13.46, subdivision 2, clause (23). new text end 35.8     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 35.9 new text begin may use the name, telephone number, and last four digits of the Social Security number of new text end 35.10 new text begin any individual who applies on behalf of a household for benefits or services provided by new text end 35.11 new text begin the energy assistance program for the purpose of determining whether the household is new text end 35.12 new text begin eligible for the telephone assistance program if the household is determined to be eligible new text end 35.13 new text begin for the energy assistance program. new text end 35.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 35.15    Sec. 68. Minnesota Statutes 2010, section 237.701, subdivision 1, is amended to read: 35.16    Subdivision 1. Fund created; authorized expenditures. The telephone assistance 35.17fund is created as a separate account in the state treasury to consist of amounts received 35.18by the commissioner of public safety representing the surcharge authorized by section 35.19237.70, subdivision 6 , and amounts earned on the fund assets. Money in the fund may be 35.20used only for: 35.21(1) reimbursement to local service providers for expenses and credits allowed in 35.22section 237.70, subdivision 7, paragraph (d), clause (5); 35.23(2) reimbursement of the reasonable administrative expenses of the commission, 35.24a portion of which may be used for periodic promotional activities, including, but not 35.25limited to, radio or newspaper advertisements, to inform eligible households of the 35.26availability of the telephone assistance program; and 35.27(3) reimbursement of the statewide indirect cost of the commission new text begin ; and new text end 35.28 new text begin (4) reimbursement of the reasonable expenses of the commissioner of commerce and new text end 35.29 new text begin the commissioner of human services for administering section 216C.266, subdivisions new text end 35.30 new text begin 2 and 4 new text end . 35.31 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 35.32    Sec. 69. new text begin DEPENDENT AUDIT PRACTICES PROHIBITED. new text end 36.1 new text begin The commissioner of management and budget may not implement a dependent new text end 36.2 new text begin eligibility verification audit services contract for state insurance benefits that requires a new text end 36.3 new text begin state employee or a dependent of a state employee to submit to a private vendor data new text end 36.4 new text begin that would be private data on individuals, as defined in Minnesota Statutes, chapter 13, new text end 36.5 new text begin if held by a government entity. new text end 36.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 36.7    Sec. 70. new text begin REPEALER. new text end 36.8 new text begin (a) new text end new text begin Minnesota Statutes 2010, section 13.05, subdivisions 1, 2, and 8, new text end new text begin are repealed. new text end 36.9 new text begin (b) new text end new text begin Minnesota Statutes 2010, sections 13.4967, subdivision 6a; and 298.22, new text end 36.10 new text begin subdivision 12, new text end new text begin are repealed retroactively from the date of their final enactment. new text end 36.11 new text begin (c) new text end new text begin Laws 2011, First Special Session chapter 10, article 3, section 40, new text end new text begin is repealed the new text end 36.12 new text begin day following final enactment. new text end