1.1 	A bill for an act
1.2 	relating to state government; classifying or modifying certain provisions 
1.3 	concerning data practices; requiring informed consent; amending definitions; 
1.4 	allowing disclosure of certain data; allowing access to certain records; making 
1.5 	technical changes; modifying certain provisions regarding transportation and 
1.6 	health data; modifying certain provisions regarding criminal history records, 
1.7 	criminal background checks, and other criminal justice data provisions; extending 
1.8 	for six years the sunset provision for the newborn screening advisory committee; 
1.9 	providing for accreditation of forensic laboratories; repealing the McGruff safe 
1.10 	house program;amending Minnesota Statutes 2012, sections 13.37, subdivision 
1.11 	1; 13.386, subdivision 3; 13.43, subdivisions 2, 14; 13.64, subdivision 2; 13.72, 
1.12 	subdivision 10, by adding subdivisions; 144.966, subdivisions 2, 3, 4, by adding 
1.13 	subdivisions; 171.07, subdivision 1a; 171.12, subdivision 7; 241.065, subdivision 
1.14 	4; 268.19, subdivision 1; 299C.11, subdivision 1; 299C.46, subdivisions 1, 2, 2a, 
1.15 	3; 299F.035, subdivisions 1, 2; 299F.77; 340A.301, subdivision 2; 340A.402; 
1.16 	611.272; 626.556, subdivision 7; proposing coding for new law in Minnesota 
1.17 	Statutes, chapters 13; 144; 299C; repealing Minnesota Statutes 2012, section 
1.18 	299A.28.
1.19 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.20 	Section 1. [13.356] PERSONAL CONTACT AND ONLINE ACCOUNT 
1.21 	INFORMATION.
1.22 	(a) The following data on an individual collected, maintained, or received by a 
1.23 	government entity for notification or informational purposes of a general nature as 
1.24 	requested by the individual are private data on individuals:
1.25 	(1) telephone number;
1.26 	(2) e-mail address; and
1.27 	(3) Internet user name, password, Internet protocol address, and any other similar 
1.28 	data related to the individual's online account or access procedures.
1.29 	(b) Section 13.04, subdivision 2, does not apply to data classified under paragraph (a). 
1.30 	Paragraph (a) does not apply to data submitted by an individual to the Campaign Finance 
2.1 	Board to meet the legal requirements imposed by chapter 10A, to data submitted for 
2.2 	purposes of making a public comment, or to data in a state agency's rulemaking e-mail list.
2.3 	(c) Data provided under paragraph (a) may only be used for the specific purpose 
2.4 	for which the individual provided the data.

2.5 	EFFECTIVE DATE. This section is effective the day following final enactment 
2.6 	and applies to data collected, maintained, or received before, on, or after that date.

2.7 	Sec. 2. Minnesota Statutes 2012, section 13.37, subdivision 1, is amended to read:
2.8 		Subdivision 1.Definitions. As used in this section, the following terms have the 
2.9 	meanings given them.
2.10 	(a) "Security information" means government data the disclosure of which 
2.11 	the responsible authority determines would be likely to substantially jeopardize the 
2.12 	security of information, possessions, individuals or property against theft, tampering, 
2.13 	improper use, attempted escape, illegal disclosure, trespass, or physical injury. "Security 
2.14 	information" includes crime prevention block maps and lists of volunteers who participate 
2.15 	in community crime prevention programs and their home and mailing addresses and,
2.16 	 telephone numbers, and e-mail or other digital addresses.
2.17 	(b) "Trade secret information" means government data, including a formula, pattern, 
2.18 	compilation, program, device, method, technique or process (1) that was supplied by the 
2.19 	affected individual or organization, (2) that is the subject of efforts by the individual or 
2.20 	organization that are reasonable under the circumstances to maintain its secrecy, and (3) 
2.21 	that derives independent economic value, actual or potential, from not being generally 
2.22 	known to, and not being readily ascertainable by proper means by, other persons who can 
2.23 	obtain economic value from its disclosure or use.
2.24 	(c) "Labor relations information" means management positions on economic and 
2.25 	noneconomic items that have not been presented during the collective bargaining process 
2.26 	or interest arbitration, including information specifically collected or created to prepare 
2.27 	the management position.
2.28 	(d) "Parking space leasing data" means the following government data on an 
2.29 	applicant for, or lessee of, a parking space: residence address, home telephone number, 
2.30 	beginning and ending work hours, place of employment, work telephone number, and 
2.31 	location of the parking space.

2.32 	Sec. 3. Minnesota Statutes 2012, section 13.386, subdivision 3, is amended to read:
2.33 		Subd. 3.Collection, storage, use, and dissemination of genetic information. (a) 
2.34 	Unless otherwise expressly provided by law, genetic information about an individual:
3.1 	(1) may be collected by a government entity, as defined in section 13.02, subdivision 
3.2 	7a, or any other person only with the written informed consent of the individual;
3.3 	(2) may be used only for purposes to which the individual has given written 
3.4 	informed consent;
3.5 	(3) may be stored only for a period of time to which the individual has given written 
3.6 	informed consent; and
3.7 	(4) may be disseminated only:
3.8 	(i) with the individual's written informed consent; or
3.9 	(ii) if necessary in order to accomplish purposes described by clause (2). A consent 
3.10 	to disseminate genetic information under item (i) must be signed and dated. Unless 
3.11 	otherwise provided by law, such a consent is valid for one year or for a lesser period 
3.12 	specified in the consent.
3.13 	(b) Newborn screening activities conducted under sections 144.125 to 144.128 are 
3.14 	subject to paragraph (a). Other programs and activities governed under section 144.192 
3.15 	are not subject to paragraph (a).

3.16 	EFFECTIVE DATE. This section is effective July 1, 2013.

3.17 	Sec. 4. Minnesota Statutes 2012, section 13.43, subdivision 2, is amended to read:
3.18 		Subd. 2.Public data. (a) Except for employees described in subdivision 5 and 
3.19 	subject to the limitations described in subdivision 5a, the following personnel data on 
3.20 	current and former employees, volunteers, and independent contractors of a government 
3.21 	entity is public:
3.22 	(1) name; employee identification number, which must not be the employee's Social 
3.23 	Security number; actual gross salary; salary range; terms and conditions of employment 
3.24 	relationship; contract fees; actual gross pension; the value and nature of employer paid 
3.25 	fringe benefits; and the basis for and the amount of any added remuneration, including 
3.26 	expense reimbursement, in addition to salary;
3.27 	(2) job title and bargaining unit; job description; education and training background; 
3.28 	and previous work experience;
3.29 	(3) date of first and last employment;
3.30 	(4) the existence and status of any complaints or charges against the employee, 
3.31 	regardless of whether the complaint or charge resulted in a disciplinary action;
3.32 	(5) the final disposition of any disciplinary action together with the specific reasons 
3.33 	for the action and data documenting the basis of the action, excluding data that would 
3.34 	identify confidential sources who are employees of the public body;
4.1 	(6) the complete terms of any agreement settling any dispute arising out of an 
4.2 	employment relationship, including a buyout agreement as defined in section 123B.143, 
4.3 	subdivision 2, paragraph (a); except that the agreement must include specific reasons for 
4.4 	the agreement if it involves the payment of more than $10,000 of public money;
4.5 	(7) work location; a work telephone number; badge number; work-related continuing 
4.6 	education; and honors and awards received; and
4.7 	(8) payroll time sheets or other comparable data that are only used to account for 
4.8 	employee's work time for payroll purposes, except to the extent that release of time sheet 
4.9 	data would reveal the employee's reasons for the use of sick or other medical leave 
4.10 	or other not public data.
4.11 	(b) For purposes of this subdivision, a final disposition occurs when the government 
4.12 	entity makes its final decision about the disciplinary action, regardless of the possibility of 
4.13 	any later proceedings or court proceedings. Final disposition includes a resignation by an 
4.14 	individual when the resignation occurs after the final decision of the government entity, 
4.15 	or arbitrator. In the case of arbitration proceedings arising under collective bargaining 
4.16 	agreements, a final disposition occurs at the conclusion of the arbitration proceedings, 
4.17 	or upon the failure of the employee to elect arbitration within the time provided by the 
4.18 	collective bargaining agreement. A disciplinary action does not become public data if an 
4.19 	arbitrator sustains a grievance and reverses all aspects of any disciplinary action.
4.20 	(c) The government entity may display a photograph of a current or former employee 
4.21 	to a prospective witness as part of the government entity's investigation of any complaint 
4.22 	or charge against the employee.
4.23 	(d) A complainant has access to a statement provided by the complainant to a 
4.24 	government entity in connection with a complaint or charge against an employee.
4.25 	(e) Notwithstanding paragraph (a), clause (5), and subject to paragraph (f), upon 
4.26 	completion of an investigation of a complaint or charge against a public official, or if a 
4.27 	public official resigns or is terminated from employment while the complaint or charge is 
4.28 	pending, all data relating to the complaint or charge are public, unless access to the data 
4.29 	would jeopardize an active investigation or reveal confidential sources. For purposes 
4.30 	of this paragraph, "public official" means:
4.31 	(1) the head of a state agency and deputy and assistant state agency heads;
4.32 	(2) members of boards or commissions required by law to be appointed by the 
4.33 	governor or other elective officers;
4.34 	(3) executive or administrative heads of departments, bureaus, divisions, or 
4.35 	institutions within state government; and
4.36 	(4) the following employees:
5.1 	(i) the chief administrative officer, or the individual acting in an equivalent position, 
5.2 	in all political subdivisions;
5.3 	(ii) individuals required to be identified by a political subdivision pursuant to section 
5.4 	471.701;
5.5 	(iii) in a city with a population of more than 7,500 or a county with a population 
5.6 	of more than 5,000, individuals in a management capacity reporting directly to the chief 
5.7 	administrative officer or the individual acting in an equivalent position: managers; chiefs; 
5.8 	heads or directors of departments, divisions, bureaus, or boards; and any equivalent 
5.9 	position; and
5.10 	(iv) in a school district,: business managers,; human resource directors, and; athletic 
5.11 	directors whose duties include at least 50 percent of their time spent in administration, 
5.12 	personnel, supervision, and evaluation; chief financial officers; directors; individuals 
5.13 	defined as superintendents, and principals, and directors under Minnesota Rules, part 
5.14 	3512.0100; and in a charter school, individuals employed in comparable positions.
5.15 	(f) Data relating to a complaint or charge against an employee identified under 
5.16 	paragraph (e), clause (4), are public only if:
5.17 	(1) the complaint or charge results in disciplinary action or the employee resigns or 
5.18 	is terminated from employment while the complaint or charge is pending; or
5.19 	(2) potential legal claims arising out of the conduct that is the subject of the 
5.20 	complaint or charge are released as part of a settlement agreement with another person.
5.21 	This paragraph and paragraph (e) do not authorize the release of data that are made 
5.22 	not public under other law.

5.23 	EFFECTIVE DATE. This section is effective the day following final enactment.

5.24 	Sec. 5. Minnesota Statutes 2012, section 13.43, subdivision 14, is amended to read:
5.25 		Subd. 14.Maltreatment data. (a) When a report of alleged maltreatment of a 
5.26 	student in a school facility, as defined in section 626.556, subdivision 2, paragraph (f), is 
5.27 	made to the commissioner of education under section 626.556, data that are relevant to a 
5.28 	report of maltreatment and are collected by the school facility about the person alleged to 
5.29 	have committed maltreatment must be provided to the commissioner of education upon 
5.30 	request for purposes of an assessment or investigation of the maltreatment report. Data 
5.31 	received by the commissioner of education pursuant to these assessments or investigations 
5.32 	are classified under section 626.556.
5.33 	(b) Personnel data may be released for purposes of providing information to a parent, 
5.34 	legal guardian, or custodian of a child under section 626.556, subdivision 7.

6.1 	Sec. 6. Minnesota Statutes 2012, section 13.64, subdivision 2, is amended to read:
6.2 		Subd. 2.Department of Administration. (a) Security features of building 
6.3 	plans, building specifications, and building drawings of state-owned facilities and 
6.4 	non-state-owned facilities leased by the state are classified as nonpublic data when 
6.5 	maintained by the Department of Administration and may be shared with anyone as 
6.6 	needed to perform duties of the commissioner.
6.7 	(b) Data maintained by the Department of Administration that identify an individual 
6.8 	with a disability or a family member of an individual with a disability related to services 
6.9 	funded by the federal Assistive Technology Act, United States Code, title 29, sections 
6.10 	3001 to 3007, for assistive technology device demonstrations, transition training, loans, 
6.11 	reuse, or alternative financing are private data on individuals.

6.12 	Sec. 7. Minnesota Statutes 2012, section 13.72, subdivision 10, is amended to read:
6.13 		Subd. 10.Transportation service data. Personal, medical, financial, familial, or 
6.14 	locational information data pertaining to applicants for or users of services providing 
6.15 	transportation for the disabled or elderly, with the exception of the name of the applicant 
6.16 	or user of the service, are private.

6.17 	EFFECTIVE DATE. This section is effective the day following final enactment.

6.18 	Sec. 8. Minnesota Statutes 2012, section 13.72, is amended by adding a subdivision to 
6.19 	read:
6.20 		Subd. 18.Mileage-based user fees. (a) The following data pertaining to 
6.21 	participation in the Minnesota road use test, as required by Laws 2007, chapter 143, 
6.22 	article 1, section 3, subdivision 3, paragraph (a), clause (1), are classified as nonpublic 
6.23 	or private data:
6.24 	(1) names of participants, participants' contact information, and data contained in 
6.25 	applications for participation in the Minnesota road use test;
6.26 	(2) applications for the purchase, lease, or rental of the GPS navigation device;
6.27 	(3) participants' vehicle identification data;
6.28 	(4) financial and credit data; and
6.29 	(5) participants' road usage data.
6.30 	(b) Nothing in this section prohibits the production of summary data, as defined in 
6.31 	section 13.02, subdivision 19, as it pertains to types of vehicles used and road usage 
6.32 	data, as long as the participants' identities or any other characteristic that could uniquely 
6.33 	identify participants are not ascertainable.
7.1 	(c) Notwithstanding section 13.03, subdivision 6, the Department of Transportation 
7.2 	shall only produce the data made not public under this subdivision to federal, state, and 
7.3 	local law enforcement authorities acting pursuant to a valid probable cause search warrant.

7.4 	Sec. 9. Minnesota Statutes 2012, section 13.72, is amended by adding a subdivision to 
7.5 	read:
7.6 		Subd. 19.Construction manager/general contractor data. (a) When the 
7.7 	Department of Transportation undertakes a construction manager/general contractor 
7.8 	contract, as defined and authorized in sections 161.3207 to 161.3209, the provisions 
7.9 	of this subdivision apply.
7.10 	(b) When the commissioner of transportation solicits a request for qualifications:
7.11 	(1) the following data are classified as protected nonpublic:
7.12 	(i) the statement of qualifications scoring evaluation manual; and
7.13 	(ii) the statement of qualifications evaluations;
7.14 	(2) the statement of qualifications submitted by a potential construction 
7.15 	manager/general contractor is classified as nonpublic data; and
7.16 	(3) identifying information concerning the members of the Technical Review 
7.17 	Committee is classified as private data.
7.18 	(c) When the commissioner of transportation announces the short list of qualified 
7.19 	construction managers/general contractors, the following data become public:
7.20 	(1) the statement of qualifications scoring evaluation manual; and
7.21 	(2) the statement of qualifications evaluations.
7.22 	(d) When the commissioner of transportation solicits a request for proposals:
7.23 	(1) the proposal scoring manual is classified as protected nonpublic data; and
7.24 	(2) the following data are classified as nonpublic data:
7.25 	(i) the proposals submitted by a potential construction manager/general contractor; 
7.26 	and
7.27 	(ii) the proposal evaluations.
7.28 	(e) When the commissioner of transportation has completed the ranking of proposals 
7.29 	and announces the selected construction manager/general contractor, the proposal 
7.30 	evaluation score or rank and proposal evaluations become public data.
7.31 	(f) When the commissioner of transportation conducts contract negotiations 
7.32 	with a construction manager/general contractor, government data created, collected, 
7.33 	stored, and maintained during those negotiations are nonpublic data until a construction 
7.34 	manager/general contractor contract is fully executed.
8.1 	(g) When the construction manager/general contractor contract is fully executed or 
8.2 	when the commissioner of transportation decides to use another contract procurement 
8.3 	process, other than the construction manager/general contractor authority, authorized 
8.4 	under section 161.3209, subdivision 3, paragraph (b), all remaining data not already made 
8.5 	public under this subdivision becomes public.
8.6 	(h) If the commissioner of transportation rejects all responses to a request for 
8.7 	proposals before a construction manager/general contractor contract is fully executed, all 
8.8 	data, other than that data made public under this subdivision, retains its classification 
8.9 	until a resolicitation of the request for proposals results in a fully executed construction 
8.10 	manager/general contractor contract or a determination is made to abandon the project. If 
8.11 	a resolicitation of proposals does not occur within one year of the announcement of the 
8.12 	request for proposals, the remaining data becomes public.

8.13 	Sec. 10. Minnesota Statutes 2012, section 13.72, is amended by adding a subdivision 
8.14 	to read:
8.15 		Subd. 20.Transit customer data. (a) Data on applicants, users, and customers 
8.16 	of public transit collected by or through the Metropolitan Council's personalized Web 
8.17 	services or the regional fare collection system are private data on individuals. As used in 
8.18 	this subdivision, the following terms have the meanings given them:
8.19 	(1) "regional fare collection system" means the fare collection system created and 
8.20 	administered by the council that is used for collecting fares or providing fare cards or 
8.21 	passes for transit services which includes:
8.22 	(i) regular route bus service within the metropolitan area and paratransit service, 
8.23 	whether provided by the council or by other providers of regional transit service;
8.24 	(ii) light rail transit service within the metropolitan area;
8.25 	(iii) rideshare programs administered by the council;
8.26 	(iv) special transportation services provided under section 473.386; and
8.27 	(v) commuter rail service;
8.28 	(2) "personalized Web services" means services for which transit service applicants, 
8.29 	users, and customers must establish a user account; and
8.30 	(3) "metropolitan area" means the area defined in section 473.121, subdivision 2.
8.31 	(b) The council may disseminate data on user and customer transaction history 
8.32 	and fare card use to government entities, organizations, school districts, educational 
8.33 	institutions, and employers that subsidize or provide fare cards to their clients, students, or 
8.34 	employees. "Data on user and customer transaction history and fare card use" means:
8.35 	(1) the date a fare card was used;
9.1 	(2) the time a fare card was used;
9.2 	(3) the mode of travel;
9.3 	(4) the type of fare product used; and
9.4 	(5) information about the date, time, and type of fare product purchased.
9.5 	Government entities, organizations, school districts, educational institutions, and 
9.6 	employers may use customer transaction history and fare card use data only for purposes 
9.7 	of measuring and promoting fare card use and evaluating the cost-effectiveness of their 
9.8 	fare card programs. If a user or customer requests in writing that the council limit the 
9.9 	disclosure of transaction history and fare card use, the council may disclose only the card 
9.10 	balance and the date a card was last used.
9.11 	(c) The council may disseminate transit service applicant, user, and customer data 
9.12 	to another government entity to prevent unlawful intrusion into government electronic 
9.13 	systems, or as otherwise provided by law.

9.14 	EFFECTIVE DATE. This section is effective the day following final enactment.

9.15 	Sec. 11. [144.192] TREATMENT OF BIOLOGICAL SPECIMENS AND 
9.16 	HEALTH DATA HELD BY THE DEPARTMENT OF HEALTH AND HEALTH 
9.17 	BOARDS.
9.18 		Subdivision 1.Definitions. (a) For purposes of this section, the following terms 
9.19 	have the meanings given.
9.20 	(b) "Biological specimen" means tissue, fluids, excretions, or secretions that contain 
9.21 	human DNA originating from an identifiable individual, either living or deceased. 
9.22 	Biological specimen does not include infectious agents or chemicals that are isolated from a 
9.23 	specimen. Nothing in this section or section 13.386 is intended to limit the commissioner's 
9.24 	ability to collect, use, store, or disseminate such isolated infectious agents or chemicals.
9.25 	(c) "Health data" has the meaning given in section 13.3805, subdivision 1, paragraph 
9.26 	(a), clause (2).
9.27 	(d) "Health oversight" means oversight of the health care system for activities 
9.28 	authorized by law, limited to the following:
9.29 	(1) audits;
9.30 	(2) civil, administrative, or criminal investigations;
9.31 	(3) inspections;
9.32 	(4) licensure or disciplinary actions;
9.33 	(5) civil, administrative, or criminal proceedings or actions; and
10.1 	(6) other activities necessary for appropriate oversight of the health care system and 
10.2 	persons subject to such governmental regulatory programs for which biological specimens 
10.3 	or health data are necessary for determining compliance with program standards.
10.4 	(e) "Individual" has the meaning given in section 13.02, subdivision 8. In addition, 
10.5 	for a deceased individual, individual also means the representative of the decedent.
10.6 	(f) "Person" has the meaning given in section 13.02, subdivision 10.
10.7 	(g) "Program operations" means actions, testing, and procedures directly related to 
10.8 	the operation of department programs, limited to the following:
10.9 	(1) diagnostic and confirmatory testing;
10.10 	(2) laboratory quality control assurance and improvement;
10.11 	(3) calibration of equipment;
10.12 	(4) evaluation and improvement of test accuracy;
10.13 	(5) method development and validation;
10.14 	(6) compliance with regulatory requirements; and
10.15 	(7) continuity of operations to ensure that testing continues in the event of an 
10.16 	emergency.
10.17 	(h) "Public health practice" means actions related to disease, conditions, injuries, 
10.18 	risk factors, or exposures taken to protect public health, limited to the following:
10.19 	(1) monitoring the health status of a population;
10.20 	(2) investigating occurrences and outbreaks;
10.21 	(3) comparing patterns and trends;
10.22 	(4) implementing prevention and control measures;
10.23 	(5) conducting program evaluations and making program improvements;
10.24 	(6) making recommendations concerning health for a population;
10.25 	(7) preventing or controlling known or suspected diseases and injuries; and
10.26 	(8) conducting other activities necessary to protect or improve the health of 
10.27 	individuals and populations for which biological specimens or health data are necessary.
10.28 	(i) "Representative of the decedent" has the meaning given in section 13.10, 
10.29 	subdivision 1, paragraph (c).
10.30 	(j) "Research" means activities that are not program operations, public health 
10.31 	practice, or health oversight and is otherwise defined in Code of Federal Regulations, title 
10.32 	45, part 46, subpart A, section 46.102(d).
10.33 		Subd. 2.Collection, use, storage, and dissemination. (a) The commissioner may 
10.34 	collect, use, store, and disseminate biological specimens and health data, genetic or other, 
10.35 	as provided in this section and as authorized under any other provision of applicable law, 
11.1 	including any rules adopted on or before June 30, 2013. Any rules adopted after June 30, 
11.2 	2013, must be consistent with the requirements of this section.
11.3 	(b) The provisions in this section supplement other provisions of law and do not 
11.4 	supersede or repeal other provisions of law applying to the collection, use, storage, or 
11.5 	dissemination of biological specimens or health data.
11.6 	(c) For purposes of this section, genetic information is limited to biological 
11.7 	specimens and health data.
11.8 		Subd. 3.Biological specimens and health data for program operations, public 
11.9 	health practice, and health oversight. (a) The commissioner may collect, use, store, and 
11.10 	disseminate biological specimens and health data to conduct program operations activities, 
11.11 	public health practice activities, and health oversight activities. Unless required under 
11.12 	other applicable law, consent of an individual is not required under this subdivision.
11.13 	(b) With the approval of the commissioner, biological specimens may be 
11.14 	disseminated to establish a diagnosis, to provide treatment, to identify persons at risk of 
11.15 	illness, or to conduct an epidemiologic investigation to control or prevent the spread of 
11.16 	serious disease, or to diminish an imminent threat to the public health.
11.17 	(c) For purposes of Clinical Laboratory Improvement Amendments proficiency 
11.18 	testing, the commissioner may disseminate de-identified biological specimens to state 
11.19 	public health laboratories that agree, pursuant to contract, not to attempt to re-identify 
11.20 	the biological specimens.
11.21 	(d) Health data may be disseminated as provided in section 13.3805, subdivision 1, 
11.22 	paragraph (b).
11.23 		Subd. 4.Research. The commissioner may collect, use, store, and disseminate 
11.24 	biological specimens and health data to conduct research in a manner that is consistent 
11.25 	with the federal common rule for the protection of human subjects in Code of Federal 
11.26 	Regulations, title 45, part 46.
11.27 		Subd. 5.Storage of biological specimens and health data according to storage 
11.28 	schedules. (a) The commissioner shall store health data according to section 138.17.
11.29 	(b) The commissioner shall store biological specimens according to a specimen 
11.30 	storage schedule. The commissioner shall develop the storage schedule by July 1, 2013, 
11.31 	and post it on the department's Web site.
11.32 		Subd. 6.Secure storage of biological specimens. The commissioner shall establish 
11.33 	appropriate security safeguards for the storage of biological specimens, with regard for 
11.34 	the privacy of the individuals from whom the biological specimens originated, and store 
11.35 	the biological specimens accordingly. When a biological specimen is disposed of, it 
12.1 	must be destroyed in a way that prevents determining the identity of the individual from 
12.2 	whom it originated.
12.3 		Subd. 7.Applicability to health boards. The provisions of subdivisions 2; 3, 
12.4 	paragraphs (a), (c), and (d); and 4 to 6 pertaining to the commissioner also apply to boards 
12.5 	of health and community health boards organized under chapter 145A. These boards 
12.6 	may also disseminate health data pursuant to section 13.3805, subdivision 1, paragraph 
12.7 	(b), clause (2).

12.8 	EFFECTIVE DATE. This section is effective July 1, 2013.

12.9 	Sec. 12. [144.193] INVENTORY OF BIOLOGICAL AND HEALTH DATA.
12.10 	By February 1, 2014, and annually after that date, the commissioner shall prepare 
12.11 	an inventory of biological specimens, registries, and health data and databases collected 
12.12 	or maintained by the commissioner. In addition to the inventory, the commissioner 
12.13 	shall provide the schedules for storage of health data and biological specimens. The 
12.14 	inventories must be listed in reverse chronological order beginning with the year 2012. 
12.15 	The commissioner shall make the inventory and schedules available on the department's 
12.16 	Web site and submit the inventory and schedules to the chairs and ranking minority 
12.17 	members of the committees of the legislature with jurisdiction over health policy and 
12.18 	data practices issues.

12.19 	Sec. 13. Minnesota Statutes 2012, section 144.966, subdivision 2, is amended to read:
12.20 		Subd. 2.Newborn Hearing Screening Advisory Committee. (a) The 
12.21 	commissioner of health shall establish a Newborn Hearing Screening Advisory Committee 
12.22 	to advise and assist the Department of Health and the Department of Education in:
12.23 	(1) developing protocols and timelines for screening, rescreening, and diagnostic 
12.24 	audiological assessment and early medical, audiological, and educational intervention 
12.25 	services for children who are deaf or hard-of-hearing;
12.26 	(2) designing protocols for tracking children from birth through age three that may 
12.27 	have passed newborn screening but are at risk for delayed or late onset of permanent 
12.28 	hearing loss;
12.29 	(3) designing a technical assistance program to support facilities implementing the 
12.30 	screening program and facilities conducting rescreening and diagnostic audiological 
12.31 	assessment;
12.32 	(4) designing implementation and evaluation of a system of follow-up and tracking; 
12.33 	and
13.1 	(5) evaluating program outcomes to increase effectiveness and efficiency and ensure 
13.2 	culturally appropriate services for children with a confirmed hearing loss and their families.
13.3 	(b) The commissioner of health shall appoint at least one member from each of the 
13.4 	following groups with no less than two of the members being deaf or hard-of-hearing:
13.5 	(1) a representative from a consumer organization representing culturally deaf 
13.6 	persons;
13.7 	(2) a parent with a child with hearing loss representing a parent organization;
13.8 	(3) a consumer from an organization representing oral communication options;
13.9 	(4) a consumer from an organization representing cued speech communication 
13.10 	options;
13.11 	(5) an audiologist who has experience in evaluation and intervention of infants 
13.12 	and young children;
13.13 	(6) a speech-language pathologist who has experience in evaluation and intervention 
13.14 	of infants and young children;
13.15 	(7) two primary care providers who have experience in the care of infants and young 
13.16 	children, one of which shall be a pediatrician;
13.17 	(8) a representative from the early hearing detection intervention teams;
13.18 	(9) a representative from the Department of Education resource center for the deaf 
13.19 	and hard-of-hearing or the representative's designee;
13.20 	(10) a representative of the Commission of Deaf, DeafBlind and Hard-of-Hearing 
13.21 	Minnesotans;
13.22 	(11) a representative from the Department of Human Services Deaf and 
13.23 	Hard-of-Hearing Services Division;
13.24 	(12) one or more of the Part C coordinators from the Department of Education, the 
13.25 	Department of Health, or the Department of Human Services or the department's designees;
13.26 	(13) the Department of Health early hearing detection and intervention coordinators;
13.27 	(14) two birth hospital representatives from one rural and one urban hospital;
13.28 	(15) a pediatric geneticist;
13.29 	(16) an otolaryngologist;
13.30 	(17) a representative from the Newborn Screening Advisory Committee under 
13.31 	this subdivision; and
13.32 	(18) a representative of the Department of Education regional low-incidence 
13.33 	facilitators.
13.34 	The commissioner must complete the appointments required under this subdivision by 
13.35 	September 1, 2007.
14.1 	(c) The Department of Health member shall chair the first meeting of the committee. 
14.2 	At the first meeting, the committee shall elect a chair from its membership. The committee 
14.3 	shall meet at the call of the chair, at least four times a year. The committee shall adopt 
14.4 	written bylaws to govern its activities. The Department of Health shall provide technical 
14.5 	and administrative support services as required by the committee. These services shall 
14.6 	include technical support from individuals qualified to administer infant hearing screening, 
14.7 	rescreening, and diagnostic audiological assessments.
14.8 	Members of the committee shall receive no compensation for their service, but 
14.9 	shall be reimbursed as provided in section 15.059 for expenses incurred as a result of 
14.10 	their duties as members of the committee.
14.11 	(d) By February 15, 2015, and by February 15 of the odd-numbered years after that 
14.12 	date, the commissioner shall report to the chairs and ranking minority members of the 
14.13 	legislative committees with jurisdiction over health and data privacy on the activities of 
14.14 	the committee that have occurred during the past two years.
14.15 	(d) (e) This subdivision expires June 30, 2013 2019.

14.16 	EFFECTIVE DATE. This section is effective July 1, 2013.

14.17 	Sec. 14. Minnesota Statutes 2012, section 144.966, subdivision 3, is amended to read:
14.18 		Subd. 3.Early hearing detection and intervention programs.  All hospitals 
14.19 	shall establish an early hearing detection and intervention (EHDI) program. Each EHDI 
14.20 	program shall:
14.21 	(1) in advance of any hearing screening testing, provide to the newborn's or infant's 
14.22 	parents or parent information concerning the nature of the screening procedure, applicable 
14.23 	costs of the screening procedure, the potential risks and effects of hearing loss, and the 
14.24 	benefits of early detection and intervention;
14.25 	(2) comply with parental consentelection as described under section 144.125, 
14.26 	subdivision 3 4;
14.27 	(3) develop policies and procedures for screening and rescreening based on 
14.28 	Department of Health recommendations;
14.29 	(4) provide appropriate training and monitoring of individuals responsible for 
14.30 	performing hearing screening tests as recommended by the Department of Health;
14.31 	(5) test the newborn's hearing prior to discharge, or, if the newborn is expected to 
14.32 	remain in the hospital for a prolonged period, testing shall be performed prior to three 
14.33 	months of age or when medically feasible;
14.34 	(6) develop and implement procedures for documenting the results of all hearing 
14.35 	screening tests;
15.1 	(7) inform the newborn's or infant's parents or parent, primary care physician, and 
15.2 	the Department of Health according to recommendations of the Department of Health of 
15.3 	the results of the hearing screening test or rescreening if conducted, or if the newborn or 
15.4 	infant was not successfully tested. The hospital that discharges the newborn or infant to 
15.5 	home is responsible for the screening; and
15.6 	(8) collect performance data specified by the Department of Health.

15.7 	EFFECTIVE DATE. This section is effective July 1, 2013.

15.8 	Sec. 15. Minnesota Statutes 2012, section 144.966, subdivision 4, is amended to read:
15.9 		Subd. 4.Notification and information; data retention and destruction. (a) 
15.10 	Notification to the parents or parent, primary care provider, and the Department of Health 
15.11 	shall occur prior to discharge or no later than ten days following the date of testing. 
15.12 	Notification shall include information recommended by the Department of Health and 
15.13 	information regarding the right of the parent or legal guardian to discontinue storage of the 
15.14 	test results and require destruction under paragraph (d).
15.15 	(b) A physician, nurse, midwife, or other health professional attending a birth outside 
15.16 	a hospital or institution shall provide information, orally and in writing, as established by 
15.17 	the Department of Health, to parents regarding places where the parents may have their 
15.18 	infant's hearing screened and the importance of the screening.
15.19 	(c) The professional conducting the diagnostic procedure to confirm the hearing loss 
15.20 	must report the results to the parents, primary care provider, and Department of Health 
15.21 	according to the Department of Health recommendations.
15.22 	(d) The Department of Health may store hearing screening and rescreening test 
15.23 	results for a period of time not to exceed 18 years from the infant's date of birth.
15.24 	(e) Notwithstanding paragraph (d), a parent or legal guardian may instruct the 
15.25 	Department of Health to discontinue storing hearing screening and rescreening test results 
15.26 	by providing a signed and dated form requesting destruction of the test results. The 
15.27 	Department of Health shall make necessary forms available on the department's Web site. 
15.28 	If a parent or legal guardian instructs the Department of Health to discontinue storing 
15.29 	hearing screening and rescreening test results, the Department of Health shall destroy the 
15.30 	test results within one month of receipt of the instruction or within 25 months after it 
15.31 	received the last test result, whichever is later.

15.32 	Sec. 16. Minnesota Statutes 2012, section 144.966, is amended by adding a subdivision 
15.33 	to read:
16.1 		Subd. 8.Construction. Notwithstanding anything to the contrary, nothing in this 
16.2 	section shall be construed as constituting newborn screening activities conducted under 
16.3 	sections 144.125 to 144.128.

16.4 	EFFECTIVE DATE. This section is effective July 1, 2013.

16.5 	Sec. 17. Minnesota Statutes 2012, section 144.966, is amended by adding a subdivision 
16.6 	to read:
16.7 		Subd. 9.Data collected. Data collected by or submitted to the Department of 
16.8 	Health pursuant to this section is not genetic information for purposes of section 13.386.

16.9 	Sec. 18. Minnesota Statutes 2012, section 171.07, subdivision 1a, is amended to read:
16.10 		Subd. 1a.Filing photograph or image; data classification. The department shall 
16.11 	file, or contract to file, all photographs or electronically produced images obtained in the 
16.12 	process of issuing drivers' licenses or Minnesota identification cards. The photographs or 
16.13 	electronically produced images shall be private data pursuant to section 13.02, subdivision 
16.14 	12. Notwithstanding section 13.04, subdivision 3, the department shall not be required 
16.15 	to provide copies of photographs or electronically produced images to data subjects. 
16.16 	The use of the files is restricted:
16.17 	(1) to the issuance and control of drivers' licenses;
16.18 	(2) to criminal justice agencies, as defined in section 299C.46, subdivision 2, for the 
16.19 	investigation and prosecution of crimes, service of process, enforcement of no contact 
16.20 	orders, location of missing persons, investigation and preparation of cases for criminal, 
16.21 	juvenile, and traffic court, and supervision of offenders;
16.22 	(3) to public defenders, as defined in section 611.272, for the investigation and 
16.23 	preparation of cases for criminal, juvenile, and traffic courts; and
16.24 	(4) to child support enforcement purposes under section 256.978; and
16.25 	(5) to a county medical examiner or coroner as required by section 390.005 as 
16.26 	necessary to fulfill the duties under sections 390.11 and 390.25.

16.27 	Sec. 19. Minnesota Statutes 2012, section 171.12, subdivision 7, is amended to read:
16.28 		Subd. 7.Privacy of data. (a) Data on individuals provided to obtain a driver's 
16.29 	license or Minnesota identification card shall be treated as provided by United States 
16.30 	Code, title 18, section 2721, as in effect on May 23, 2005, and shall be disclosed as 
16.31 	required or permitted by that section.
16.32 	(b) An applicant for a driver's license or a Minnesota identification card may consent, 
16.33 	in writing, to the commissioner to disclose the applicant's personal information exempted 
17.1 	by United States Code, title 18, section 2721, to any person who makes a request for the 
17.2 	personal information. If the applicant so authorizes disclosures, the commissioner shall 
17.3 	implement the request and the information may be used.
17.4 	(c) If authorized by an applicant for a driver's license or a Minnesota identification 
17.5 	card, as indicated in paragraph (b), the An applicant's personal information may be 
17.6 	used, rented, or sold solely for bulk distribution by organizations for business purposes, 
17.7 	including surveys, marketing, or solicitation, only if the applicant consents, in writing, 
17.8 	to the disclosure for these purposes and the organization uses the personal information 
17.9 	solely for these purposes.
17.10 	(d) An applicant for a driver's license, instruction permit, or Minnesota identification 
17.11 	card may request that the applicant's residence address be classified as "private data on 
17.12 	individuals," as defined in section 13.02, subdivision 12. The commissioner shall grant 
17.13 	the classification on receipt of a signed statement by the individual that the classification 
17.14 	is required for the safety of the applicant or the applicant's family, if the statement also 
17.15 	provides a valid, existing address where the applicant consents to receive service of 
17.16 	process. The commissioner shall use the service for process mailing address in place of the 
17.17 	residence address in all documents and notices pertaining to the driver's license, instruction 
17.18 	permit, or Minnesota identification card. The residence address and any information 
17.19 	provided in the classification request, other than the mailing address, are private data on 
17.20 	individuals and may be provided to requesting law enforcement agencies, probation and 
17.21 	parole agencies, and public authorities, as defined in section 518A.26, subdivision 18.

17.22 	Sec. 20. Minnesota Statutes 2012, section 241.065, subdivision 4, is amended to read:
17.23 		Subd. 4.Procedures. (a) The Department of Corrections shall adopt procedures 
17.24 	to provide for the orderly collection, entry, retrieval, and deletion of data contained in 
17.25 	the statewide supervision system.
17.26 	(b) The Department of Corrections shall establish and implement audit requirements 
17.27 	to ensure that authorized users comply with applicable data practices laws governing 
17.28 	access to and use of the data.

17.29 	Sec. 21. Minnesota Statutes 2012, section 268.19, subdivision 1, is amended to read:
17.30 		Subdivision 1.Use of data. (a) Except as provided by this section, data gathered 
17.31 	from any person under the administration of the Minnesota Unemployment Insurance Law 
17.32 	are private data on individuals or nonpublic data not on individuals as defined in section 
17.33 	13.02, subdivisions 9 and 12, and may not be disclosed except according to a district court 
17.34 	order or section 13.05. A subpoena is not considered a district court order. These data 
18.1 	may be disseminated to and used by the following agencies without the consent of the 
18.2 	subject of the data:
18.3 	(1) state and federal agencies specifically authorized access to the data by state 
18.4 	or federal law;
18.5 	(2) any agency of any other state or any federal agency charged with the 
18.6 	administration of an unemployment insurance program;
18.7 	(3) any agency responsible for the maintenance of a system of public employment 
18.8 	offices for the purpose of assisting individuals in obtaining employment;
18.9 	(4) the public authority responsible for child support in Minnesota or any other 
18.10 	state in accordance with section 256.978;
18.11 	(5) human rights agencies within Minnesota that have enforcement powers;
18.12 	(6) the Department of Revenue to the extent necessary for its duties under Minnesota 
18.13 	laws;
18.14 	(7) public and private agencies responsible for administering publicly financed 
18.15 	assistance programs for the purpose of monitoring the eligibility of the program's recipients;
18.16 	(8) the Department of Labor and Industry and the Division of Insurance Fraud 
18.17 	Prevention in the Department of Commerce for uses consistent with the administration of 
18.18 	their duties under Minnesota law;
18.19 	(9) local and state welfare agencies for monitoring the eligibility of the data subject 
18.20 	for assistance programs, or for any employment or training program administered by those 
18.21 	agencies, whether alone, in combination with another welfare agency, or in conjunction 
18.22 	with the department or to monitor and evaluate the statewide Minnesota family investment 
18.23 	program by providing data on recipients and former recipients of food stamps or food 
18.24 	support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance 
18.25 	under chapter 119B, or medical programs under chapter 256B, 256D, or 256L;
18.26 	(10) local and state welfare agencies for the purpose of identifying employment, 
18.27 	wages, and other information to assist in the collection of an overpayment debt in an 
18.28 	assistance program;
18.29 	(11) local, state, and federal law enforcement agencies for the purpose of ascertaining 
18.30 	the last known address and employment location of an individual who is the subject of 
18.31 	a criminal investigation;
18.32 	(12) the United States Immigration and Customs Enforcement has access to data on 
18.33 	specific individuals and specific employers provided the specific individual or specific 
18.34 	employer is the subject of an investigation by that agency;
18.35 	(13) the Department of Health for the purposes of epidemiologic investigations;
19.1 	(14) the Department of Corrections for the purpose of case planning for preprobation 
19.2 	and postprobation employment tracking of offenders sentenced to probation and 
19.3 	preconfinement and postconfinement employment tracking of committed offenders for 
19.4 	the purpose of case planning; and
19.5 	(15) the state auditor to the extent necessary to conduct audits of job opportunity 
19.6 	building zones as required under section 469.3201.
19.7 	(b) Data on individuals and employers that are collected, maintained, or used by 
19.8 	the department in an investigation under section 268.182 are confidential as to data 
19.9 	on individuals and protected nonpublic data not on individuals as defined in section 
19.10 	13.02, subdivisions 3 and 13, and must not be disclosed except under statute or district 
19.11 	court order or to a party named in a criminal proceeding, administrative or judicial, for 
19.12 	preparation of a defense.
19.13 	(c) Data gathered by the department in the administration of the Minnesota 
19.14 	unemployment insurance program must not be made the subject or the basis for any 
19.15 	suit in any civil proceedings, administrative or judicial, unless the action is initiated by 
19.16 	the department.

19.17 	Sec. 22. Minnesota Statutes 2012, section 299C.11, subdivision 1, is amended to read:
19.18 		Subdivision 1.Identification data other than DNA. (a) Each sheriff and chief of 
19.19 	police shall furnish the bureau, upon such form as the superintendent shall prescribe, with 
19.20 	such finger and thumb prints, photographs, distinctive physical mark identification data, 
19.21 	information on known aliases and street names, and other identification data as may be 
19.22 	requested or required by the superintendent of the bureau, which must be taken under the 
19.23 	provisions of section 299C.10. In addition, sheriffs and chiefs of police shall furnish this 
19.24 	identification data to the bureau for individuals found to have been convicted of a felony, 
19.25 	gross misdemeanor, or targeted misdemeanor, within the ten years immediately preceding 
19.26 	their arrest. When the bureau learns that an individual who is the subject of a background 
19.27 	check has used, or is using, identifying information, including, but not limited to, name 
19.28 	and date of birth, other than those listed on the criminal history, the bureau may add the 
19.29 	new identifying information to the criminal history when supported by fingerprints.
19.30 	(b) No petition under chapter 609A is required if the person has not been convicted 
19.31 	of any felony or gross misdemeanor, either within or without the state, within the period 
19.32 	of ten years immediately preceding the determination of all pending criminal actions or 
19.33 	proceedings in favor of the arrested person, and either of the following occurred:
19.34 	(1) all charges were dismissed prior to a determination of probable cause; or
20.1 	(2) the prosecuting authority declined to file any charges and a grand jury did not 
20.2 	return an indictment.
20.3 	Where these conditions are met, the bureau or agency shall, upon demand, return to
20.4 	 destroy the arrested person finger and thumb prints, photographs, distinctive physical mark 
20.5 	identification data, information on known aliases and street names, and other identification 
20.6 	data, and all copies and duplicates of them.
20.7 	(c) Except as otherwise provided in paragraph (b), upon the determination of all 
20.8 	pending criminal actions or proceedings in favor of the arrested person, and the granting 
20.9 	of the petition of the arrested person under chapter 609A, the bureau shall seal finger and 
20.10 	thumb prints, photographs, distinctive physical mark identification data, information on 
20.11 	known aliases and street names, and other identification data, and all copies and duplicates 
20.12 	of them if the arrested person has not been convicted of any felony or gross misdemeanor, 
20.13 	either within or without the state, within the period of ten years immediately preceding 
20.14 	such determination.

20.15 	Sec. 23. [299C.157] FORENSIC LABORATORIES.
20.16 		Subdivision 1.Definitions. For purposes of this section, the following terms have 
20.17 	the meanings given:
20.18 	(1) "forensic analysis" means the application of scientific knowledge and 
20.19 	methodology by an individual who:
20.20 	(i) has or should have specialized training and utilizes standardized procedures to 
20.21 	conduct examinations on items of evidence;
20.22 	(ii) forms an opinion or conclusion based on the outcome of the procedure under 
20.23 	item (i) and the individual's training, experience, or both, and writes a report including 
20.24 	the individual's conclusions; and
20.25 	(iii) has the potential to offer expert testimony of the individual's analysis in a court 
20.26 	of law; and
20.27 	(2) "forensic laboratory" means a publicly financed laboratory within the state that 
20.28 	conducts forensic analysis on items of evidence that are part of or have the potential to be 
20.29 	used in a criminal investigation.
20.30 		Subd. 2.Forensic laboratories; mandatory accreditation; posting on Web site.
 20.31 	(a) A forensic laboratory operating on or after January 1, 2014, must: (1) be accredited 
20.32 	by the American Society of Crime Laboratory Directors/Laboratory Accreditation Board 
20.33 	(ASCLD/LAB), or other accrediting body that requires conformance to standards for 
20.34 	testing laboratories established by the International Organization for Standardization 
20.35 	(ISO/IEC 17025) and the supplemental standards applicable to forensic laboratories 
21.1 	developed by the International Laboratory Accreditation Cooperative (ILAC); or (2) 
21.2 	have begun the formal process of seeking accreditation under clause (1) and follow the 
21.3 	standards necessary for accreditation. 
21.4 	(b) No forensic laboratory may operate on or after July 1, 2015, unless it is 
21.5 	accredited as provided in paragraph (a).
21.6 	(c) A forensic laboratory must forward to the commissioner of public safety copies 
21.7 	of the laboratory's certificate of accreditation and scope of accreditation or an affirmation 
21.8 	that the laboratory is in compliance with paragraph (a), clause (2). The commissioner shall 
21.9 	post these items on the department's Web site.

21.10 	Sec. 24. Minnesota Statutes 2012, section 299C.46, subdivision 1, is amended to read:
21.11 		Subdivision 1.Establishment; interconnection. The commissioner of public safety 
21.12 	shall establish a criminal justice data communications network which that will enable the 
21.13 	interconnection of the criminal justice agencies within the state provide secure access to 
21.14 	systems and services available from or through the Bureau of Criminal Apprehension. The 
21.15 	commissioner of public safety is authorized to lease or purchase facilities and equipment 
21.16 	as may be necessary to establish and maintain the data communications network.

21.17 	Sec. 25. Minnesota Statutes 2012, section 299C.46, subdivision 2, is amended to read:
21.18 		Subd. 2.Criminal justice agency defined. For the purposes of sections 299C.46
21.19 	to 299C.49, "criminal justice agency" means an agency of the state or an agency of a 
21.20 	political subdivision or the federal government charged with detection, enforcement, 
21.21 	prosecution, adjudication or incarceration in respect to the criminal or traffic laws of this 
21.22 	state. This definition also includes all sites identified and licensed as a detention facility 
21.23 	by the commissioner of corrections under section 241.021 and those federal agencies that 
21.24 	serve part or all of the state from an office located outside the state.

21.25 	Sec. 26. Minnesota Statutes 2012, section 299C.46, subdivision 2a, is amended to read:
21.26 		Subd. 2a.Noncriminal justice agency defined. For the purposes of sections 
21.27 	299C.46 to 299C.49, "noncriminal justice agency" means an agency of a the state or an 
21.28 	agency of a political subdivision of a the state charged with the responsibility of performing 
21.29 	checks of state databases connected to the criminal justice data communications network.

21.30 	Sec. 27. Minnesota Statutes 2012, section 299C.46, subdivision 3, is amended to read:
21.31 		Subd. 3.Authorized use, fee. (a) The criminal justice data communications 
21.32 	network shall be used exclusively by:
22.1 	(1) criminal justice agencies in connection with the performance of duties required 
22.2 	by law;
22.3 	(2) agencies investigating federal security clearances of individuals for assignment 
22.4 	or retention in federal employment with duties related to national security, as required by 
22.5 	Public Law 99-169 United States Code, title 5, section 9101;
22.6 	(3) other agencies to the extent necessary to provide for protection of the public or 
22.7 	property in an a declared emergency or disaster situation;
22.8 	(4) noncriminal justice agencies statutorily mandated, by state or national law, to 
22.9 	conduct checks into state databases prior to disbursing licenses or providing benefits;
22.10 	(5) the public authority responsible for child support enforcement in connection 
22.11 	with the performance of its duties;
22.12 	(6) the public defender, as provided in section 611.272; and
22.13 	(7) a county attorney or the attorney general, as the county attorney's designee, for 
22.14 	the purpose of determining whether a petition for the civil commitment of a proposed 
22.15 	patient as a sexual psychopathic personality or as a sexually dangerous person should be 
22.16 	filed, and during the pendency of the commitment proceedings;
22.17 	(8) an agency of the state or a political subdivision whose access to systems or 
22.18 	services provided from or through the bureau is specifically authorized by federal law 
22.19 	or regulation or state statute; and
22.20 	(9) a court for access to data as authorized by federal law or regulation or state 
22.21 	statute and related to the disposition of a pending case.
22.22 	(b) The commissioner of public safety shall establish a monthly network access 
22.23 	charge to be paid by each participating criminal justice agency. The network access 
22.24 	charge shall be a standard fee established for each terminal, computer, or other equipment 
22.25 	directly addressable by the data communications network, as follows: January 1, 1984 
22.26 	to December 31, 1984, $40 connect fee per month; January 1, 1985 and thereafter, $50 
22.27 	connect fee per month.
22.28 	(c) The commissioner of public safety is authorized to arrange for the connection 
22.29 	of the data communications network with the criminal justice information system of 
22.30 	the federal government, any adjacent state, or Canada country for the secure exchange 
22.31 	of information for any of the purposes authorized in paragraph (a), clauses (1), (2), (3), 
22.32 	(8) and (9).
22.33 	(d) Prior to establishing a secure connection, a criminal justice agency must:
22.34 	(1) agree to comply with all applicable policies governing access to, submission of 
22.35 	or use of the data and Minnesota law governing the classification of the data;
22.36 	(2) meet the bureau's security requirements;
23.1 	(3) agree to pay any required fees; and
23.2 	(4) conduct fingerprint-based state and national background checks on their 
23.3 	employees and contractors as required by the Federal Bureau of Investigation.
23.4 	(e) Prior to establishing a secure connection, a noncriminal justice agency must:
23.5 	(1) agree to comply with all applicable policies governing access to, submission of 
23.6 	or use of the data and Minnesota law governing the classification of the data;
23.7 	(2) meet the bureau's security requirements;
23.8 	(3) agree to pay any required fees; and
23.9 	(4) conduct fingerprint-based state and national background checks on their 
23.10 	employees and contractors.
23.11 	(f) Those noncriminal justice agencies that do not have a secure network connection 
23.12 	yet receive data either retrieved over the secure network by an authorized criminal justice 
23.13 	agency or as a result of a state or federal criminal history records check shall conduct a 
23.14 	background check as provided in paragraph (g) of those individuals who receive and 
23.15 	review the data to determine another individual's eligibility for employment, housing, a 
23.16 	license, or another legal right dependent on a statutorily-mandated background check.
23.17 	(g) The background check required by paragraph (e) or (f) is accomplished by 
23.18 	submitting a request to the superintendent of the Bureau of Criminal Apprehension 
23.19 	that includes a signed, written consent for the Minnesota and national criminal history 
23.20 	records check, fingerprints, and the required fee. The superintendent may exchange 
23.21 	the fingerprints with the Federal Bureau of Investigation for purposes of obtaining the 
23.22 	individual's national criminal history record information.
23.23 	The superintendent shall return the results of the national criminal history records check to 
23.24 	the noncriminal justice agency to determine if the individual is qualified to have access to 
23.25 	state and federal criminal history record information or the secure network. An individual 
23.26 	is disqualified when the state and federal criminal history record information show any of 
23.27 	the disqualifiers that the individual will apply to the records of others.
23.28 	When the individual is to have access to the secure network, the noncriminal justice 
23.29 	agency shall review the criminal history of each employee or contractor with the Criminal 
23.30 	Justice Information Services systems officer at the bureau, or the officer's designee, to 
23.31 	determine if the employee or contractor qualifies for access to the secure network. The 
23.32 	Criminal Justice Information Services systems officer or the designee shall make the 
23.33 	access determination based on Federal Bureau of Investigation policy and Bureau of 
23.34 	Criminal Apprehension policy.

23.35 	Sec. 28. [299C.72] MINNESOTA CRIMINAL HISTORY CHECKS.
24.1 		Subdivision 1.Definitions. For purposes of this section the following terms have 
24.2 	the meaning given.
24.3 	(a) "Applicant for employment" means an individual who seeks either county or city 
24.4 	employment  or has applied to serve as a volunteer in the county or city.
24.5 	(b) "Applicant for licensure" means the individual seeks a license issued by the 
24.6 	county or city which is not subject to a federal- or state-mandated background check.
24.7 	(c) "Authorized law enforcement agency" means the county sheriff for checks 
24.8 	conducted for county purposes, the police department for checks conducted for city 
24.9 	purposes, or the county sheriff for checks conducted for city purposes where there is no 
24.10 	police department.
24.11 	(d) "Criminal history check" means retrieval of criminal history data via the secure 
24.12 	network described in section 299C.46.
24.13 	(e) "Criminal history data" means adult convictions and adult open arrests less than 
24.14 	one year old found in the Minnesota computerized criminal history repository.
24.15 	(f) "Informed consent" has the meaning given in section 13.05, subdivision 4, 
24.16 	paragraph (d).
24.17 		Subd. 2.Criminal history check authorized. (a) The criminal history check 
24.18 	authorized by this section shall not be used in place of a statutorily-mandated or authorized 
24.19 	background check.
24.20 	(b) An authorized law enforcement agency may conduct a criminal history check 
24.21 	of an individual who is an applicant for employment or applicant for licensure.  Prior 
24.22 	to conducting the criminal history check, the authorized law enforcement agency must 
24.23 	receive the informed consent of the individual.
24.24 	(c) The authorized law enforcement agency shall not disseminate criminal history 
24.25 	data and must maintain it securely with the agency's office. The authorized law enforcement 
24.26 	agency can indicate whether the applicant for employment or applicant for licensure has a 
24.27 	criminal history that would prevent hire, acceptance as a volunteer to a hiring authority, or 
24.28 	would prevent the issuance of a license to the department that issues the license.

24.29 	Sec. 29. Minnesota Statutes 2012, section 299F.035, subdivision 1, is amended to read:
24.30 		Subdivision 1.Definitions. (a) The definitions in this subdivision apply to this 
24.31 	section.
24.32 	(b) "Minnesota criminal history data" has the meaning given in section 13.87 means 
24.33 	adult convictions and juvenile adjudications.
24.34 	(c) "Criminal justice agency" has the meaning given in section 299C.46, subdivision 
24.35 	2.
25.1 	(d) "Fire department" has the meaning given in section 299N.01, subdivision 2.
25.2 	(e) (d) "Private data" has the meaning given in section 13.02, subdivision 12.

25.3 	Sec. 30. Minnesota Statutes 2012, section 299F.035, subdivision 2, is amended to read:
25.4 		Subd. 2.Plan for access to data. (a) The superintendent of the Bureau of Criminal 
25.5 	Apprehension, in consultation with the state fire marshal, shall develop and implement 
25.6 	a plan for fire departments to have access to criminal history data A background check 
25.7 	must be conducted on all applicants for employment and may be conducted on current 
25.8 	employees at a fire department. The fire chief must conduct a Minnesota criminal history 
25.9 	record check. For applicants for employment who have lived in Minnesota for less than 
25.10 	five years, or on the request of the fire chief, a national criminal history record check 
25.11 	must also be conducted.
25.12 	(b) The plan must include:
25.13 	(1) security procedures to prevent unauthorized use or disclosure of private data; and
25.14 	(2) a procedure for the hiring or employing authority in each fire department to 
25.15 	fingerprint job applicants or employees, submit requests to the Bureau of Criminal 
25.16 	Apprehension, and obtain state and federal criminal history data reports for a nominal fee.
25.17 	(b) For a Minnesota criminal history record check, the fire chief must either (i) 
25.18 	submit the signed informed consent of the applicant or employee and the required fee 
25.19 	to the superintendent, or (ii) submit the signed informed consent to the chief of police. 
25.20 	The superintendent or chief of police must retrieve Minnesota criminal history data and 
25.21 	provide it to the fire chief for review.
25.22 	(c) For a national criminal history record check, the fire chief must submit the 
25.23 	signed informed consent and fingerprints of the applicant or employee, and the required 
25.24 	fee to the superintendent. The superintendent may exchange the fingerprints with the 
25.25 	Federal Bureau of Investigation to obtain the individual's national criminal history record 
25.26 	information. The superintendent must return the results of the national criminal history 
25.27 	record check to the fire chief for the purpose of determining if the applicant is qualified to 
25.28 	be employed or if a current employee is able to retain the employee's position.

25.29 	Sec. 31. Minnesota Statutes 2012, section 299F.77, is amended to read:
25.30 	299F.77 ISSUANCE TO CERTAIN PERSONS PROHIBITED.
25.31 		Subdivision 1.Disqualifiers. The following persons shall not be entitled to receive 
25.32 	an explosives license or permit:
25.33 	(1) a person under the age of 18 years;
26.1 	(2) a person who has been convicted in this state or elsewhere of a crime of violence, 
26.2 	as defined in section 299F.72, subdivision 1b, unless ten years have elapsed since the 
26.3 	person's civil rights have been restored or the sentence has expired, whichever occurs first, 
26.4 	and during that time the person has not been convicted of any other crime of violence. For 
26.5 	purposes of this section, crime of violence includes crimes in other states or jurisdictions 
26.6 	that would have been crimes of violence if they had been committed in this state;
26.7 	(3) a person who is or has ever been confined or committed in Minnesota or 
26.8 	elsewhere as a person who is mentally ill, developmentally disabled, or mentally ill and 
26.9 	dangerous to the public, as defined in section 253B.02, to a treatment facility, unless the 
26.10 	person possesses a certificate of a medical doctor or psychiatrist licensed in Minnesota, or 
26.11 	other satisfactory proof, that the person is no longer suffering from this disability;
26.12 	(4) a person who has been convicted in Minnesota or elsewhere for the unlawful 
26.13 	use, possession, or sale of a controlled substance other than conviction for possession of 
26.14 	a small amount of marijuana, as defined in section 152.01, subdivision 16, or who is or 
26.15 	has ever been hospitalized or committed for treatment for the habitual use of a controlled 
26.16 	substance or marijuana, as defined in sections 152.01 and 152.02, unless the person 
26.17 	possesses a certificate of a medical doctor or psychiatrist licensed in Minnesota, or other 
26.18 	satisfactory proof, that the person has not abused a controlled substance or marijuana 
26.19 	during the previous two years; and
26.20 	(5) a person who has been confined or committed to a treatment facility in Minnesota 
26.21 	or elsewhere as chemically dependent, as defined in section 253B.02, unless the person 
26.22 	has completed treatment.
26.23 		Subd. 2.Background check. (a) For licenses issued by the commissioner under 
26.24 	section 299F.73, the applicant for licensure must provide the commissioner with all of 
26.25 	the information required by Code of Federal Regulations, title 28, section 25.7. The 
26.26 	commissioner shall forward the information to the superintendent of the Bureau of 
26.27 	Criminal Apprehension so that criminal records, histories and warrant information on the 
26.28 	applicant can be retrieved from the Minnesota Crime Information System and the National 
26.29 	Instant Criminal Background Check System as well as the civil commitment records 
26.30 	maintained by the Department of Human Services. The results must be returned to the 
26.31 	commissioner to determine if the individual applicant is qualified to receive a license.
26.32 	(b) For permits issued by a county sheriff or chief of police under section 299F.75, 
26.33 	the applicant for a permit must provide the county sheriff or chief of police with all of 
26.34 	the information required by Code of Federal Regulations, title 28, section 25.7. The 
26.35 	county sheriff or chief of police must check, by means of electronic data transfer, criminal 
26.36 	records, histories and warrant information on each applicant through the Minnesota Crime 
27.1 	Information System and the National Instant Criminal Background Check System as well 
27.2 	as the civil commitment records maintained by the Department of Human Services. The 
27.3 	county sheriff or chief of police shall use the results of the query to determine if the 
27.4 	individual applicant is qualified to receive a permit.

27.5 	Sec. 32. Minnesota Statutes 2012, section 340A.301, subdivision 2, is amended to read:
27.6 		Subd. 2.Persons eligible. (a) Licenses under this section may be issued only to 
27.7 	a person who:
27.8 	(1) is of good moral character and repute;
27.9 	(2) is 21 years of age or older;
27.10 	(3) has not had a license issued under this chapter revoked within five years of the 
27.11 	date of license application, or to any person who at the time of the violation owns any 
27.12 	interest, whether as a holder of more than five percent of the capital stock of a corporation 
27.13 	licensee, as a partner or otherwise, in the premises or in the business conducted thereon, 
27.14 	or to a corporation, partnership, association, enterprise, business, or firm in which any 
27.15 	such person is in any manner interested; and
27.16 	(4) has not been convicted within five years of the date of license application of a 
27.17 	felony, or of a willful violation of a federal or state law, or local ordinance governing 
27.18 	the manufacture, sale, distribution, or possession for sale or distribution of alcoholic 
27.19 	beverages. The Alcohol and Gambling Enforcement Division may require that fingerprints 
27.20 	be taken and may forward the fingerprints to the Federal Bureau of Investigation for 
27.21 	purposes of a criminal history check.
27.22 	(b) In order to determine if an individual has a felony or willful violation of federal 
27.23 	or state law governing the manufacture, sale, distribution, or possession for sale or 
27.24 	distribution of an alcoholic beverage, the applicant for a license to manufacture or sell 
27.25 	at wholesale must provide the commissioner with their signed, written informed consent 
27.26 	to conduct a background check. The commissioner may query the Minnesota criminal 
27.27 	history repository for records on the applicant. If the commissioner conducts a national 
27.28 	criminal history record check, the commissioner must obtain fingerprints from the 
27.29 	applicant and forward them and the required fee to the superintendent of the Bureau 
27.30 	of Criminal Apprehension. The superintendent may exchange the fingerprints with the 
27.31 	Federal Bureau of Investigation for purposes of obtaining the applicant's national criminal 
27.32 	history record information. The superintendent shall return the results of the national 
27.33 	criminal history records check to the commissioner for the purpose of determining if the 
27.34 	applicant is qualified to receive a license.

28.1 	Sec. 33. Minnesota Statutes 2012, section 340A.402, is amended to read:
28.2 	340A.402 PERSONS ELIGIBLE.
28.3 		Subdivision 1.Disqualifiers. No retail license may be issued to:
28.4 	(1) a person under 21 years of age;
28.5 	(2) a person who has had an intoxicating liquor or 3.2 percent malt liquor license 
28.6 	revoked within five years of the license application, or to any person who at the time of 
28.7 	the violation owns any interest, whether as a holder of more than five percent of the capital 
28.8 	stock of a corporation licensee, as a partner or otherwise, in the premises or in the business 
28.9 	conducted thereon, or to a corporation, partnership, association, enterprise, business, or 
28.10 	firm in which any such person is in any manner interested;
28.11 	(3) a person not of good moral character and repute; or
28.12 	(4) a person who has a direct or indirect interest in a manufacturer, brewer, or 
28.13 	wholesaler.
28.14 	In addition, no new retail license may be issued to, and the governing body of a 
28.15 	municipality may refuse to renew the license of, a person who, within five years of the 
28.16 	license application, has been convicted of a felony or a willful violation of a federal or 
28.17 	state law or local ordinance governing the manufacture, sale, distribution, or possession 
28.18 	for sale or distribution of an alcoholic beverage. The Alcohol and Gambling Enforcement 
28.19 	Division or licensing authority may require that fingerprints be taken and forwarded to the 
28.20 	Federal Bureau of Investigation for purposes of a criminal history check.
28.21 		Subd. 2.Background check. (a) A retail liquor license may be issued by a city, 
28.22 	a county, or the commissioner. The chief of police is responsible for the background 
28.23 	checks prior to a city issuing a retail liquor license. A county sheriff is responsible for the 
28.24 	background checks prior to the county issuing a retail liquor license and for those cities 
28.25 	that do not have a police department. The commissioner is responsible for the background 
28.26 	checks prior to the state issuing a retail liquor license.
28.27 	(b) The applicant for a retail license must provide the appropriate authority with 
28.28 	their signed, written informed consent to conduct a background check. The appropriate 
28.29 	authority is authorized to query the Minnesota criminal history repository for records 
28.30 	on the applicant. If the appropriate authority conducts a national criminal history 
28.31 	record check, the appropriate authority must obtain fingerprints from the applicant and 
28.32 	forward them and the required fee to the superintendent of the Bureau of Criminal 
28.33 	Apprehension. The superintendent may exchange the fingerprints with the Federal Bureau 
28.34 	of Investigation for purposes of obtaining the applicant's national criminal history record 
28.35 	information. The superintendent shall return the results of the national criminal history 
29.1 	records check to the appropriate authority for the purpose of determining if the applicant 
29.2 	is qualified to receive a license.

29.3 	Sec. 34. Minnesota Statutes 2012, section 611.272, is amended to read:
29.4 	611.272 ACCESS TO GOVERNMENT DATA.
29.5 	The district public defender, the state public defender, or an attorney working for 
29.6 	a public defense corporation under section 611.216 has access to the criminal justice 
29.7 	data communications network described in section 299C.46, as provided in this section. 
29.8 	Access to data under this section is limited to data necessary to prepare criminal cases in 
29.9 	which the public defender has been appointed as follows:
29.10 	(1) access to data about witnesses in a criminal case shall be limited to records of 
29.11 	criminal convictions, custody status, custody history, aliases and known monikers, race, 
29.12 	probation status, identity of probation officer, and booking photos; and
29.13 	(2) access to data regarding the public defender's own client which includes, but 
29.14 	is not limited to, criminal history data under section 13.87; juvenile offender data under 
29.15 	section 299C.095; warrant information data under section 299C.115; incarceration data 
29.16 	under section 299C.14; conditional release data under section 241.065; and diversion 
29.17 	program data under section 299C.46, subdivision 5.
29.18 	The public defender has access to data under this section, whether accessed via the 
29.19 	integrated search service as defined in section 13.873 or other methods. The public 
29.20 	defender does not have access to law enforcement active investigative data under section 
29.21 	13.82, subdivision 7; data protected under section 13.82, subdivision 17; confidential 
29.22 	arrest warrant indices data under section 13.82, subdivision 19; or data systems maintained 
29.23 	by a prosecuting attorney. The public defender has access to the data at no charge, except 
29.24 	for the monthly network access charge under section 299C.46, subdivision 3, paragraph 
29.25 	(b), and a reasonable installation charge for a terminal. Notwithstanding section 13.87, 
29.26 	subdivision 3; 299C.46, subdivision 3, paragraph (b); 299C.48, or any other law to the 
29.27 	contrary, there shall be no charge to public defenders for Internet access to the criminal 
29.28 	justice data communications network.

29.29 	Sec. 35. Minnesota Statutes 2012, section 626.556, subdivision 7, is amended to read:
29.30 		Subd. 7.Report; information provided to parent. (a) An oral report shall be made 
29.31 	immediately by telephone or otherwise. An oral report made by a person required under 
29.32 	subdivision 3 to report shall be followed within 72 hours, exclusive of weekends and 
29.33 	holidays, by a report in writing to the appropriate police department, the county sheriff, the 
29.34 	agency responsible for assessing or investigating the report, or the local welfare agency, 
30.1 	unless the appropriate agency has informed the reporter that the oral information does 
30.2 	not constitute a report under subdivision 10. The local welfare agency shall determine 
30.3 	if the report is accepted for an assessment or investigation as soon as possible but in no 
30.4 	event longer than 24 hours after the report is received. Any report shall be of sufficient 
30.5 	content to identify the child, any person believed to be responsible for the abuse or neglect 
30.6 	of the child if the person is known, the nature and extent of the abuse or neglect and the 
30.7 	name and address of the reporter. If requested, the local welfare agency or the agency 
30.8 	responsible for assessing or investigating the report shall inform the reporter within ten 
30.9 	days after the report is made, either orally or in writing, whether the report was accepted 
30.10 	for assessment or investigation. Written reports received by a police department or the 
30.11 	county sheriff shall be forwarded immediately to the local welfare agency or the agency 
30.12 	responsible for assessing or investigating the report. The police department or the county 
30.13 	sheriff may keep copies of reports received by them. Copies of written reports received by 
30.14 	a local welfare department or the agency responsible for assessing or investigating the 
30.15 	report shall be forwarded immediately to the local police department or the county sheriff.
30.16 	(b) Notwithstanding paragraph (a), the commissioner of education must inform the 
30.17 	parent, guardian, or legal custodian of the child who is the subject of a report of alleged 
30.18 	maltreatment in a school facility within ten days of receiving the report, either orally or 
30.19 	in writing, whether the commissioner is assessing or investigating the report of alleged 
30.20 	maltreatment.
30.21 	(c) Regardless of whether a report is made under this subdivision, as soon as 
30.22 	practicable after a school receives information regarding an incident that may constitute 
30.23 	maltreatment of a child in a school facility, the school shall inform the parent, legal 
30.24 	guardian, or custodian of the child that an incident has occurred that may constitute 
30.25 	maltreatment of the child, when the incident occurred, and the nature of the conduct 
30.26 	that may constitute maltreatment.
30.27 	(d) A written copy of a report maintained by personnel of agencies, other than 
30.28 	welfare or law enforcement agencies, which are subject to chapter 13 shall be confidential. 
30.29 	An individual subject of the report may obtain access to the original report as provided 
30.30 	by subdivision 11.

30.31 	Sec. 36. NEWBORN SCREENING TEST RESULTS POSTPONEMENT.
 30.32 	Notwithstanding Minnesota Statutes, section 144.125, subdivision 6, and section 
30.33 	13.386, and Laws 2012, chapter 292, article 4, section 22, the test results collected on or 
30.34 	after November 16, 2011, shall not be destroyed subject to the schedule under Minnesota 
30.35 	Statutes, section 144.125, prior to June 1, 2014. A parent or legal guardian may provide a 
31.1 	signed and dated form requesting destruction of the test results. The commissioner shall 
31.2 	comply with the request within one month of receipt of the request or within one month of 
31.3 	the standard retention period for test results, whichever is later.

31.4 	EFFECTIVE DATE. This section is effective July 1, 2013.

31.5 	Sec. 37. NEWBORN SCREENING PROGRAM STUDY.
 31.6 	(a) The commissioner of health, in consultation with the medical research and 
31.7 	advocacy groups identified in paragraph (b), shall review the newborn screening programs 
31.8 	in Minnesota Statutes, section 144.125, and evaluate the scientific and medical validity of 
31.9 	a comprehensive and sustainable long-term storage and use plan for the test results under 
31.10 	Minnesota Statutes, section 144.125. The commissioner shall consider the following:
31.11 	(1) peer-reviewed medical research into the diagnosis and treatment of heritable 
31.12 	and congenital disease;
31.13 	(2) strategies for education of parents and families about the utility of advancing 
31.14 	new knowledge through research on blood spots and test data made possible by long-term 
31.15 	storage and use;
31.16 	(3) plans and protocols for clinical and research access to test result data;
31.17 	(4) minimizing the administrative burden on hospitals and health care providers in 
31.18 	the operation of the newborn screening program;
31.19 	(5) the adequacy of current law on the standard retention period for test results under 
31.20 	Minnesota Statutes, section 144.125, subdivision 6; and
31.21 	(6) privacy concerns associated with parental consent options and long-term storage 
31.22 	and use of blood samples and test data.
31.23 	(b) As part of the evaluation, the commissioner shall consult with medical research 
31.24 	and data privacy experts, including, but not limited to, specialists in metabolic care, 
31.25 	immunology, pediatrics, epidemiology, nutrition, pulmonology, cardiology, endocrinology, 
31.26 	hematology, hearing care, and medical genetics, as well as patient advocacy and data 
31.27 	privacy groups.
31.28 	(c) By February 1, 2014, the commissioner shall submit a report to the chairs and 
31.29 	ranking minority members of the senate and house of representatives committees and 
31.30 	divisions with primary jurisdiction on health and human services and data privacy on 
31.31 	comprehensive and sustainable long-term storage and usage of the test results. 
31.32 	(d) The commissioner shall conduct the evaluation required under this section within 
31.33 	existing appropriations.

31.34 	EFFECTIVE DATE. This section is effective July 1, 2013.

32.1 	Sec. 38.  REPEALER.
 32.2 	Minnesota Statutes 2012, section 299A.28, is repealed.