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; clarifying 
1.8 	provisions regarding data on homestead and other tax applications; extending for 
1.9 	six years the sunset provision for the newborn screening advisory committee; 
1.10 	requiring a newborn screening program study; providing for destruction of 
1.11 	data from mileage-based user fee pilot project; repealing the McGruff safe 
1.12 	house program;amending Minnesota Statutes 2012, sections 13.37, subdivision 
1.13 	1; 13.386, subdivision 3; 13.43, subdivisions 2, 14; 13.4965, subdivision 3; 
1.14 	13.64, subdivision 2; 13.72, subdivision 10, by adding subdivisions; 144.966, 
1.15 	subdivisions 2, 3, 4, by adding a subdivision; 171.07, subdivision 1a; 241.065, 
1.16 	subdivision 4; 268.19, subdivision 1; 273.124, subdivision 13; 273.1315, 
1.17 	subdivisions 1, 2; 290A.25; 299C.11, subdivision 1; 299C.46, subdivisions 1, 2, 
1.18 	2a, 3; 299F.035, subdivisions 1, 2; 299F.77; 340A.301, subdivision 2; 340A.402; 
1.19 	611.272; 611A.203, subdivision 4; 626.556, subdivision 7; proposing coding 
1.20 	for new law in Minnesota Statutes, chapters 13; 144; 273; 299C; repealing 
1.21 	Minnesota Statutes 2012, section 299A.28.
1.22 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

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

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

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

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

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

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

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

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

6.5 	Sec. 6. Minnesota Statutes 2012, section 13.4965, subdivision 3, is amended to read:
6.6 		Subd. 3.Homestead and other applications. The classification and disclosure 
6.7 	of certain information collected to determine eligibility of property for a homestead or 
6.8 	other classification or benefit are governed by section sections 273.124, subdivision
6.9 	 subdivisions 13, 13a, 13b, 13c, and 13d; 273.1245; and 273.1315.

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

6.11 	Sec. 7. Minnesota Statutes 2012, section 13.64, subdivision 2, is amended to read:
6.12 		Subd. 2.Department of Administration. (a) Security features of building 
6.13 	plans, building specifications, and building drawings of state-owned facilities and 
6.14 	non-state-owned facilities leased by the state are classified as nonpublic data when 
6.15 	maintained by the Department of Administration and may be shared with anyone as 
6.16 	needed to perform duties of the commissioner.
6.17 	(b) Data maintained by the Department of Administration that identify an individual 
6.18 	with a disability or a family member of an individual with a disability related to services 
6.19 	funded by the federal Assistive Technology Act, United States Code, title 29, sections 
6.20 	3001 to 3007, for assistive technology device demonstrations, transition training, loans, 
6.21 	reuse, or alternative financing are private data on individuals.

6.22 	Sec. 8. Minnesota Statutes 2012, section 13.72, subdivision 10, is amended to read:
6.23 		Subd. 10.Transportation service data. Personal, medical, financial, familial, or 
6.24 	locational information data pertaining to applicants for or users of services providing 
6.25 	transportation for the disabled or elderly, with the exception of the name of the applicant 
6.26 	or user of the service, are private.

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

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

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

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

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

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

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

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

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

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

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

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

15.24 	Sec. 16. Minnesota Statutes 2012, section 144.966, is amended by adding a subdivision 
15.25 	to read:
15.26 		Subd. 8.Construction. Notwithstanding anything to the contrary, nothing in this 
15.27 	section shall be construed as constituting newborn screening activities conducted under 
15.28 	sections 144.125 to 144.128. Data collected by or submitted to the Department of Health 
15.29 	pursuant to this section is not genetic information for purposes of section 13.386.

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

15.31 	Sec. 17. Minnesota Statutes 2012, section 171.07, subdivision 1a, is amended to read:
15.32 		Subd. 1a.Filing photograph or image; data classification. The department shall 
15.33 	file, or contract to file, all photographs or electronically produced images obtained in the 
15.34 	process of issuing drivers' licenses or Minnesota identification cards. The photographs or 
16.1 	electronically produced images shall be private data pursuant to section 13.02, subdivision 
16.2 	12. Notwithstanding section 13.04, subdivision 3, the department shall not be required 
16.3 	to provide copies of photographs or electronically produced images to data subjects. 
16.4 	The use of the files is restricted:
16.5 	(1) to the issuance and control of drivers' licenses;
16.6 	(2) to criminal justice agencies, as defined in section 299C.46, subdivision 2, for the 
16.7 	investigation and prosecution of crimes, service of process, enforcement of no contact 
16.8 	orders, location of missing persons, investigation and preparation of cases for criminal, 
16.9 	juvenile, and traffic court, and supervision of offenders;
16.10 	(3) to public defenders, as defined in section 611.272, for the investigation and 
16.11 	preparation of cases for criminal, juvenile, and traffic courts; and
16.12 	(4) to child support enforcement purposes under section 256.978; and
16.13 	(5) to a county medical examiner or coroner as required by section 390.005 as 
16.14 	necessary to fulfill the duties under sections 390.11 and 390.25.

16.15 	Sec. 18. Minnesota Statutes 2012, section 241.065, subdivision 4, is amended to read:
16.16 		Subd. 4.Procedures. (a) The Department of Corrections shall adopt procedures 
16.17 	to provide for the orderly collection, entry, retrieval, and deletion of data contained in 
16.18 	the statewide supervision system.
16.19 	(b) The Department of Corrections shall establish and implement audit requirements 
16.20 	to ensure that authorized users comply with applicable data practices laws governing 
16.21 	access to and use of the data.

16.22 	Sec. 19. Minnesota Statutes 2012, section 268.19, subdivision 1, is amended to read:
16.23 		Subdivision 1.Use of data. (a) Except as provided by this section, data gathered 
16.24 	from any person under the administration of the Minnesota Unemployment Insurance Law 
16.25 	are private data on individuals or nonpublic data not on individuals as defined in section 
16.26 	13.02, subdivisions 9 and 12, and may not be disclosed except according to a district court 
16.27 	order or section 13.05. A subpoena is not considered a district court order. These data 
16.28 	may be disseminated to and used by the following agencies without the consent of the 
16.29 	subject of the data:
16.30 	(1) state and federal agencies specifically authorized access to the data by state 
16.31 	or federal law;
16.32 	(2) any agency of any other state or any federal agency charged with the 
16.33 	administration of an unemployment insurance program;
17.1 	(3) any agency responsible for the maintenance of a system of public employment 
17.2 	offices for the purpose of assisting individuals in obtaining employment;
17.3 	(4) the public authority responsible for child support in Minnesota or any other 
17.4 	state in accordance with section 256.978;
17.5 	(5) human rights agencies within Minnesota that have enforcement powers;
17.6 	(6) the Department of Revenue to the extent necessary for its duties under Minnesota 
17.7 	laws;
17.8 	(7) public and private agencies responsible for administering publicly financed 
17.9 	assistance programs for the purpose of monitoring the eligibility of the program's recipients;
17.10 	(8) the Department of Labor and Industry and the Division of Insurance Fraud 
17.11 	Prevention in the Department of Commerce for uses consistent with the administration of 
17.12 	their duties under Minnesota law;
17.13 	(9) local and state welfare agencies for monitoring the eligibility of the data subject 
17.14 	for assistance programs, or for any employment or training program administered by those 
17.15 	agencies, whether alone, in combination with another welfare agency, or in conjunction 
17.16 	with the department or to monitor and evaluate the statewide Minnesota family investment 
17.17 	program by providing data on recipients and former recipients of food stamps or food 
17.18 	support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance 
17.19 	under chapter 119B, or medical programs under chapter 256B, 256D, or 256L;
17.20 	(10) local and state welfare agencies for the purpose of identifying employment, 
17.21 	wages, and other information to assist in the collection of an overpayment debt in an 
17.22 	assistance program;
17.23 	(11) local, state, and federal law enforcement agencies for the purpose of ascertaining 
17.24 	the last known address and employment location of an individual who is the subject of 
17.25 	a criminal investigation;
17.26 	(12) the United States Immigration and Customs Enforcement has access to data on 
17.27 	specific individuals and specific employers provided the specific individual or specific 
17.28 	employer is the subject of an investigation by that agency;
17.29 	(13) the Department of Health for the purposes of epidemiologic investigations;
17.30 	(14) the Department of Corrections for the purpose of case planning for preprobation 
17.31 	and postprobation employment tracking of offenders sentenced to probation and 
17.32 	preconfinement and postconfinement employment tracking of committed offenders for 
17.33 	the purpose of case planning; and
17.34 	(15) the state auditor to the extent necessary to conduct audits of job opportunity 
17.35 	building zones as required under section 469.3201.
18.1 	(b) Data on individuals and employers that are collected, maintained, or used by 
18.2 	the department in an investigation under section 268.182 are confidential as to data 
18.3 	on individuals and protected nonpublic data not on individuals as defined in section 
18.4 	13.02, subdivisions 3 and 13, and must not be disclosed except under statute or district 
18.5 	court order or to a party named in a criminal proceeding, administrative or judicial, for 
18.6 	preparation of a defense.
18.7 	(c) Data gathered by the department in the administration of the Minnesota 
18.8 	unemployment insurance program must not be made the subject or the basis for any 
18.9 	suit in any civil proceedings, administrative or judicial, unless the action is initiated by 
18.10 	the department.

18.11 	Sec. 20. Minnesota Statutes 2012, section 273.124, subdivision 13, is amended to read:
18.12 		Subd. 13.Homestead application. (a) A person who meets the homestead 
18.13 	requirements under subdivision 1 must file a homestead application with the county 
18.14 	assessor to initially obtain homestead classification.
18.15 	(b) The format and contents of a uniform homestead application shall be prescribed 
18.16 	by the commissioner of revenue. The application must clearly inform the taxpayer that 
18.17 	this application must be signed by all owners who occupy the property or by the qualifying 
18.18 	relative and returned to the county assessor in order for the property to receive homestead 
18.19 	treatment.
18.20 	(c) Every property owner applying for homestead classification must furnish to the 
18.21 	county assessor the Social Security number of each occupant who is listed as an owner 
18.22 	of the property on the deed of record, the name and address of each owner who does not 
18.23 	occupy the property, and the name and Social Security number of each owner's spouse who 
18.24 	occupies the property. The application must be signed by each owner who occupies the 
18.25 	property and by each owner's spouse who occupies the property, or, in the case of property 
18.26 	that qualifies as a homestead under subdivision 1, paragraph (c), by the qualifying relative.
18.27 	If a property owner occupies a homestead, the property owner's spouse may not 
18.28 	claim another property as a homestead unless the property owner and the property owner's 
18.29 	spouse file with the assessor an affidavit or other proof required by the assessor stating that 
18.30 	the property qualifies as a homestead under subdivision 1, paragraph (e).
18.31 	Owners or spouses occupying residences owned by their spouses and previously 
18.32 	occupied with the other spouse, either of whom fail to include the other spouse's name 
18.33 	and Social Security number on the homestead application or provide the affidavits or 
18.34 	other proof requested, will be deemed to have elected to receive only partial homestead 
18.35 	treatment of their residence. The remainder of the residence will be classified as 
19.1 	nonhomestead residential. When an owner or spouse's name and Social Security number 
19.2 	appear on homestead applications for two separate residences and only one application is 
19.3 	signed, the owner or spouse will be deemed to have elected to homestead the residence for 
19.4 	which the application was signed.
19.5 	The Social Security numbers, state or federal tax returns or tax return information, 
19.6 	including the federal income tax schedule F required by this section, or affidavits or other 
19.7 	proofs of the property owners and spouses submitted under this or another section to 
19.8 	support a claim for a property tax homestead classification are private data on individuals as 
19.9 	defined by section 13.02, subdivision 12, but, notwithstanding that section, the private data 
19.10 	may be disclosed to the commissioner of revenue, or, for purposes of proceeding under the 
19.11 	Revenue Recapture Act to recover personal property taxes owing, to the county treasurer.
19.12 	(d) If residential real estate is occupied and used for purposes of a homestead by a 
19.13 	relative of the owner and qualifies for a homestead under subdivision 1, paragraph (c), in 
19.14 	order for the property to receive homestead status, a homestead application must be filed 
19.15 	with the assessor. The Social Security number of each relative and spouse of a relative 
19.16 	occupying the property shall be required on the homestead application filed under this 
19.17 	subdivision. If a different relative of the owner subsequently occupies the property, the 
19.18 	owner of the property must notify the assessor within 30 days of the change in occupancy. 
19.19 	The Social Security number of a relative or relative's spouse occupying the property 
19.20 	is private data on individuals as defined by section 13.02, subdivision 12, but may be 
19.21 	disclosed to the commissioner of revenue, or, for the purposes of proceeding under the 
19.22 	Revenue Recapture Act to recover personal property taxes owing, to the county treasurer.
19.23 	(e) The homestead application shall also notify the property owners that the 
19.24 	application filed under this section will not be mailed annually and that if the property 
19.25 	is granted homestead status for any assessment year, that same property shall remain 
19.26 	classified as homestead until the property is sold or transferred to another person, or 
19.27 	the owners, the spouse of the owner, or the relatives no longer use the property as their 
19.28 	homestead. Upon the sale or transfer of the homestead property, a certificate of value must 
19.29 	be timely filed with the county auditor as provided under section 272.115. Failure to 
19.30 	notify the assessor within 30 days that the property has been sold, transferred, or that the 
19.31 	owner, the spouse of the owner, or the relative is no longer occupying the property as a 
19.32 	homestead, shall result in the penalty provided under this subdivision and the property 
19.33 	will lose its current homestead status.
19.34 	(f) If the homestead application is not returned within 30 days, the county will send a 
19.35 	second application to the present owners of record. The notice of proposed property taxes 
19.36 	prepared under section 275.065, subdivision 3, shall reflect the property's classification. If 
20.1 	a homestead application has not been filed with the county by December 15, the assessor 
20.2 	shall classify the property as nonhomestead for the current assessment year for taxes 
20.3 	payable in the following year, provided that the owner may be entitled to receive the 
20.4 	homestead classification by proper application under section 375.192.
20.5 		Subd. 13a.Occupant list. (g) At the request of the commissioner, each county 
20.6 	must give the commissioner a list that includes the name and Social Security number 
20.7 	of each occupant of homestead property who is the property owner, property owner's 
20.8 	spouse, qualifying relative of a property owner, or a spouse of a qualifying relative. The 
20.9 	commissioner shall use the information provided on the lists as appropriate under the law, 
20.10 	including for the detection of improper claims by owners, or relatives of owners, under 
20.11 	chapter 290A.
20.12 		Subd. 13b.Improper homestead. (h) (a) If the commissioner finds that a 
20.13 	property owner may be claiming a fraudulent homestead, the commissioner shall notify 
20.14 	the appropriate counties. Within 90 days of the notification, the county assessor shall 
20.15 	investigate to determine if the homestead classification was properly claimed. If the 
20.16 	property owner does not qualify, the county assessor shall notify the county auditor who 
20.17 	will determine the amount of homestead benefits that had been improperly allowed. For the 
20.18 	purpose of this section subdivision, "homestead benefits" means the tax reduction resulting 
20.19 	from the classification as a homestead under section 273.13, the taconite homestead credit 
20.20 	under section 273.135, the residential homestead and agricultural homestead credits under 
20.21 	section 273.1384, and the supplemental homestead credit under section 273.1391.
20.22 	The county auditor shall send a notice to the person who owned the affected property 
20.23 	at the time the homestead application related to the improper homestead was filed, 
20.24 	demanding reimbursement of the homestead benefits plus a penalty equal to 100 percent 
20.25 	of the homestead benefits. The person notified may appeal the county's determination 
20.26 	by serving copies of a petition for review with county officials as provided in section 
20.27 	278.01 and filing proof of service as provided in section 278.01 with the Minnesota Tax 
20.28 	Court within 60 days of the date of the notice from the county. Procedurally, the appeal 
20.29 	is governed by the provisions in chapter 271 which apply to the appeal of a property tax 
20.30 	assessment or levy, but without requiring any prepayment of the amount in controversy. If 
20.31 	the amount of homestead benefits and penalty is not paid within 60 days, and if no appeal 
20.32 	has been filed, the county auditor shall certify the amount of taxes and penalty to the county 
20.33 	treasurer. The county treasurer will add interest to the unpaid homestead benefits and 
20.34 	penalty amounts at the rate provided in section 279.03 for real property taxes becoming 
20.35 	delinquent in the calendar year during which the amount remains unpaid. Interest may be 
20.36 	assessed for the period beginning 60 days after demand for payment was made.
21.1 	If the person notified is the current owner of the property, the treasurer may add the 
21.2 	total amount of homestead benefits, penalty, interest, and costs to the ad valorem taxes 
21.3 	otherwise payable on the property by including the amounts on the property tax statements 
21.4 	under section 276.04, subdivision 3. The amounts added under this paragraph to the ad 
21.5 	valorem taxes shall include interest accrued through December 31 of the year preceding 
21.6 	the taxes payable year for which the amounts are first added. These amounts, when added 
21.7 	to the property tax statement, become subject to all the laws for the enforcement of real or 
21.8 	personal property taxes for that year, and for any subsequent year.
21.9 	If the person notified is not the current owner of the property, the treasurer may 
21.10 	collect the amounts due under the Revenue Recapture Act in chapter 270A, or use any of 
21.11 	the powers granted in sections 277.20 and 277.21 without exclusion, to enforce payment 
21.12 	of the homestead benefits, penalty, interest, and costs, as if those amounts were delinquent 
21.13 	tax obligations of the person who owned the property at the time the application related to 
21.14 	the improperly allowed homestead was filed. The treasurer may relieve a prior owner of 
21.15 	personal liability for the homestead benefits, penalty, interest, and costs, and instead extend 
21.16 	those amounts on the tax lists against the property as provided in this paragraph to the extent 
21.17 	that the current owner agrees in writing. On all demands, billings, property tax statements, 
21.18 	and related correspondence, the county must list and state separately the amounts of 
21.19 	homestead benefits, penalty, interest and costs being demanded, billed or assessed.
21.20 	(i) (b) Any amount of homestead benefits recovered by the county from the property 
21.21 	owner shall be distributed to the county, city or town, and school district where the 
21.22 	property is located in the same proportion that each taxing district's levy was to the total 
21.23 	of the three taxing districts' levy for the current year. Any amount recovered attributable 
21.24 	to taconite homestead credit shall be transmitted to the St. Louis County auditor to be 
21.25 	deposited in the taconite property tax relief account. Any amount recovered that is 
21.26 	attributable to supplemental homestead credit is to be transmitted to the commissioner of 
21.27 	revenue for deposit in the general fund of the state treasury. The total amount of penalty 
21.28 	collected must be deposited in the county general fund.
21.29 	(j) (c) If a property owner has applied for more than one homestead and the county 
21.30 	assessors cannot determine which property should be classified as homestead, the county 
21.31 	assessors will refer the information to the commissioner. The commissioner shall make 
21.32 	the determination and notify the counties within 60 days.
21.33 		Subd. 13c.Property lists. (k) In addition to lists of homestead properties, the 
21.34 	commissioner may ask the counties to furnish lists of all properties and the record owners. 
21.35 	The Social Security numbers and federal identification numbers that are maintained by 
21.36 	a county or city assessor for property tax administration purposes, and that may appear 
22.1 	on the lists retain their classification as private or nonpublic data; but may be viewed, 
22.2 	accessed, and used by the county auditor or treasurer of the same county for the limited 
22.3 	purpose of assisting the commissioner in the preparation of microdata samples under 
22.4 	section 270C.12. The commissioner shall use the information provided on the lists as 
22.5 	appropriate under the law, including for the detection of improper claims by owners, or 
22.6 	relatives of owners, under chapter 290A.
22.7 		Subd. 13d.Homestead data. (l) On or before April 30 each year beginning in 2007, 
22.8 	each county must provide the commissioner with the following data for each parcel of 
22.9 	homestead property by electronic means as defined in section 289A.02, subdivision 8:
22.10 	(i) (1) the property identification number assigned to the parcel for purposes of 
22.11 	taxes payable in the current year;
22.12 	(ii) (2) the name and Social Security number of each occupant of homestead property 
22.13 	who is the property owner, property owner's spouse, qualifying relative of a property 
22.14 	owner, or spouse of a qualifying relative;
22.15 	(iii) (3) the classification of the property under section 273.13 for taxes payable 
22.16 	in the current year and in the prior year;
22.17 	(iv) (4) an indication of whether the property was classified as a homestead for 
22.18 	taxes payable in the current year because of occupancy by a relative of the owner or 
22.19 	by a spouse of a relative;
22.20 	(v) (5) the property taxes payable as defined in section 290A.03, subdivision 13, for 
22.21 	the current year and the prior year;
22.22 	(vi) (6) the market value of improvements to the property first assessed for tax 
22.23 	purposes for taxes payable in the current year;
22.24 	(vii) (7) the assessor's estimated market value assigned to the property for taxes 
22.25 	payable in the current year and the prior year;
22.26 	(viii) (8) the taxable market value assigned to the property for taxes payable in the 
22.27 	current year and the prior year;
22.28 	(ix) (9) whether there are delinquent property taxes owing on the homestead;
22.29 	(x) (10) the unique taxing district in which the property is located; and
22.30 	(xi) (11) such other information as the commissioner decides is necessary.
22.31 	The commissioner shall use the information provided on the lists as appropriate 
22.32 	under the law, including for the detection of improper claims by owners, or relatives 
22.33 	of owners, under chapter 290A.

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

22.35 	Sec. 21. [273.1245] CLASSIFICATION OF DATA.
23.1 		Subdivision 1.Private or nonpublic data. The following data are private or 
23.2 	nonpublic data as defined in section 13.02, subdivisions 9 and 12, when they are submitted 
23.3 	to a county or local assessor under section 273.124, 273.13, or another section, to support 
23.4 	a claim for the property tax homestead classification under section 273.13, or other 
23.5 	property tax classification or benefit:
23.6 	(1) Social Security numbers;
23.7 	(2) copies of state or federal income tax returns; and
23.8 	(3) state or federal income tax return information, including the federal income 
23.9 	tax schedule F.
23.10 		Subd. 2.Disclosure. The assessor shall disclose the data described in subdivision 1 
23.11 	to the commissioner of revenue as provided by law. The assessor shall also disclose all or 
23.12 	portions of the data described in subdivision 1 to the county treasurer solely for the purpose 
23.13 	of proceeding under the Revenue Recapture Act to recover personal property taxes owing.

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

23.15 	Sec. 22. Minnesota Statutes 2012, section 273.1315, subdivision 1, is amended to read:
23.16 		Subdivision 1.Class 1b homestead declaration before 2009. Any property owner 
23.17 	seeking classification and assessment of the owner's homestead as class 1b property 
23.18 	pursuant to section 273.13, subdivision 22, paragraph (b), on or before October 1, 2008, 
23.19 	shall file with the commissioner of revenue a 1b homestead declaration, on a form 
23.20 	prescribed by the commissioner. The declaration shall contain the following information:
23.21 	(a) (1) the information necessary to verify that on or before June 30 of the filing year, 
23.22 	the property owner or the owner's spouse satisfies the requirements of section 273.13, 
23.23 	subdivision 22, paragraph (b), for 1b classification; and
23.24 	(b) (2) any additional information prescribed by the commissioner.
23.25 	The declaration must be filed on or before October 1 to be effective for property 
23.26 	taxes payable during the succeeding calendar year. The declaration and any supplementary 
23.27 	information received from the property owner pursuant to this subdivision shall be subject 
23.28 	to chapter 270B. If approved by the commissioner, the declaration remains in effect until 
23.29 	the property no longer qualifies under section 273.13, subdivision 22, paragraph (b). 
23.30 	Failure to notify the commissioner within 30 days that the property no longer qualifies 
23.31 	under that paragraph because of a sale, change in occupancy, or change in the status 
23.32 	or condition of an occupant shall result in the penalty provided in section 273.124, 
23.33 	subdivision 13 13b, computed on the basis of the class 1b benefits for the property, and 
23.34 	the property shall lose its current class 1b classification.
24.1 	The commissioner shall provide to the assessor on or before November 1 a listing 
24.2 	of the parcels of property qualifying for 1b classification.

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

24.4 	Sec. 23. Minnesota Statutes 2012, section 273.1315, subdivision 2, is amended to read:
24.5 		Subd. 2.Class 1b homestead declaration 2009 and thereafter. (a) Any property 
24.6 	owner seeking classification and assessment of the owner's homestead as class 1b property 
24.7 	pursuant to section 273.13, subdivision 22, paragraph (b), after October 1, 2008, shall file 
24.8 	with the county assessor a class 1b homestead declaration, on a form prescribed by the 
24.9 	commissioner of revenue. The declaration must contain the following information:
24.10 	(1) the information necessary to verify that, on or before June 30 of the filing year, 
24.11 	the property owner or the owner's spouse satisfies the requirements of section 273.13, 
24.12 	subdivision 22, paragraph (b), for class 1b classification; and
24.13 	(2) any additional information prescribed by the commissioner.
24.14 	(b) The declaration must be filed on or before October 1 to be effective for property 
24.15 	taxes payable during the succeeding calendar year. The Social Security numbers and 
24.16 	income and medical information received from the property owner pursuant to this 
24.17 	subdivision are private data on individuals as defined in section 13.02. If approved by 
24.18 	the assessor, the declaration remains in effect until the property no longer qualifies under 
24.19 	section 273.13, subdivision 22, paragraph (b). Failure to notify the assessor within 30 
24.20 	days that the property no longer qualifies under that paragraph because of a sale, change in 
24.21 	occupancy, or change in the status or condition of an occupant shall result in the penalty 
24.22 	provided in section 273.124, subdivision 13 13b, computed on the basis of the class 1b 
24.23 	benefits for the property, and the property shall lose its current class 1b classification.

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

24.25 	Sec. 24. Minnesota Statutes 2012, section 290A.25, is amended to read:
24.26 	290A.25 VERIFICATION OF SOCIAL SECURITY NUMBERS.
24.27 	Annually, the commissioner of revenue shall furnish a list to the county assessor 
24.28 	containing the names and Social Security numbers of persons who have applied for both 
24.29 	homestead classification under section 273.13 and a property tax refund as a renter 
24.30 	under this chapter.
24.31 	Within 90 days of the notification, the county assessor shall investigate to determine 
24.32 	if the homestead classification was improperly claimed. If the property owner does 
24.33 	not qualify, the county assessor shall notify the county auditor who will determine the 
25.1 	amount of homestead benefits that has been improperly allowed. For the purpose of this 
25.2 	section, "homestead benefits" has the meaning given in section 273.124, subdivision 13, 
25.3 	paragraph (h) 13b. The county auditor shall send a notice to persons who owned the 
25.4 	affected property at the time the homestead application related to the improper homestead 
25.5 	was filed, demanding reimbursement of the homestead benefits plus a penalty equal to 
25.6 	100 percent of the homestead benefits. The person notified may appeal the county's 
25.7 	determination with the Minnesota Tax Court within 60 days of the date of the notice from 
25.8 	the county as provided in section 273.124, subdivision 13, paragraph (h) 13b.
25.9 	If the amount of homestead benefits and penalty is not paid within 60 days, and if 
25.10 	no appeal has been filed, the county auditor shall certify the amount of taxes and penalty 
25.11 	to the county treasurer. The county treasurer will add interest to the unpaid homestead 
25.12 	benefits and penalty amounts at the rate provided for delinquent personal property taxes 
25.13 	for the period beginning 60 days after demand for payment was made until payment. If 
25.14 	the person notified is the current owner of the property, the treasurer may add the total 
25.15 	amount of benefits, penalty, interest, and costs to the real estate taxes otherwise payable on 
25.16 	the property in the following year. If the person notified is not the current owner of the 
25.17 	property, the treasurer may collect the amounts due under the Revenue Recapture Act in 
25.18 	chapter 270A, or use any of the powers granted in sections 277.20 and 277.21 without 
25.19 	exclusion, to enforce payment of the benefits, penalty, interest, and costs, as if those 
25.20 	amounts were delinquent tax obligations of the person who owned the property at the time 
25.21 	the application related to the improperly allowed homestead was filed. The treasurer may 
25.22 	relieve a prior owner of personal liability for the benefits, penalty, interest, and costs, and 
25.23 	instead extend those amounts on the tax lists against the property for taxes payable in the 
25.24 	following year to the extent that the current owner agrees in writing.
25.25 	Any amount of homestead benefits recovered by the county from the property owner 
25.26 	shall be distributed to the county, city or town, and school district where the property is 
25.27 	located in the same proportion that each taxing district's levy was to the total of the three 
25.28 	taxing districts' levy for the current year. Any amount recovered attributable to taconite 
25.29 	homestead credit shall be transmitted to the St. Louis County auditor to be deposited in 
25.30 	the taconite property tax relief account. Any amount recovered that is attributable to 
25.31 	supplemental homestead credit is to be transmitted to the commissioner of revenue for 
25.32 	deposit in the general fund of the state treasury. The total amount of penalty collected 
25.33 	must be deposited in the county general fund.

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

25.35 	Sec. 25. Minnesota Statutes 2012, section 299C.11, subdivision 1, is amended to read:
26.1 		Subdivision 1.Identification data other than DNA. (a) Each sheriff and chief of 
26.2 	police shall furnish the bureau, upon such form as the superintendent shall prescribe, with 
26.3 	such finger and thumb prints, photographs, distinctive physical mark identification data, 
26.4 	information on known aliases and street names, and other identification data as may be 
26.5 	requested or required by the superintendent of the bureau, which must be taken under the 
26.6 	provisions of section 299C.10. In addition, sheriffs and chiefs of police shall furnish this 
26.7 	identification data to the bureau for individuals found to have been convicted of a felony, 
26.8 	gross misdemeanor, or targeted misdemeanor, within the ten years immediately preceding 
26.9 	their arrest. When the bureau learns that an individual who is the subject of a background 
26.10 	check has used, or is using, identifying information, including, but not limited to, name 
26.11 	and date of birth, other than those listed on the criminal history, the bureau may add the 
26.12 	new identifying information to the criminal history when supported by fingerprints.
26.13 	(b) No petition under chapter 609A is required if the person has not been convicted 
26.14 	of any felony or gross misdemeanor, either within or without the state, within the period 
26.15 	of ten years immediately preceding the determination of all pending criminal actions or 
26.16 	proceedings in favor of the arrested person, and either of the following occurred:
26.17 	(1) all charges were dismissed prior to a determination of probable cause; or
26.18 	(2) the prosecuting authority declined to file any charges and a grand jury did not 
26.19 	return an indictment.
26.20 	Where these conditions are met, the bureau or agency shall, upon demand, return to
26.21 	 destroy the arrested person person's finger and thumb prints, photographs, distinctive 
26.22 	physical mark identification data, information on known aliases and street names, and 
26.23 	other identification data, and all copies and duplicates of them.
26.24 	(c) Except as otherwise provided in paragraph (b), upon the determination of all 
26.25 	pending criminal actions or proceedings in favor of the arrested person, and the granting 
26.26 	of the petition of the arrested person under chapter 609A, the bureau shall seal finger and 
26.27 	thumb prints, photographs, distinctive physical mark identification data, information on 
26.28 	known aliases and street names, and other identification data, and all copies and duplicates 
26.29 	of them if the arrested person has not been convicted of any felony or gross misdemeanor, 
26.30 	either within or without the state, within the period of ten years immediately preceding 
26.31 	such determination.

26.32 	Sec. 26. Minnesota Statutes 2012, section 299C.46, subdivision 1, is amended to read:
26.33 		Subdivision 1.Establishment; interconnection. The commissioner of public safety 
26.34 	shall establish a criminal justice data communications network which that will enable the 
26.35 	interconnection of the criminal justice agencies within the state provide secure access to 
27.1 	systems and services available from or through the Bureau of Criminal Apprehension. The 
27.2 	commissioner of public safety is authorized to lease or purchase facilities and equipment 
27.3 	as may be necessary to establish and maintain the data communications network.

27.4 	Sec. 27. Minnesota Statutes 2012, section 299C.46, subdivision 2, is amended to read:
27.5 		Subd. 2.Criminal justice agency defined. For the purposes of sections 299C.46
27.6 	to 299C.49, "criminal justice agency" means an agency of the state or an agency of a 
27.7 	political subdivision or the federal government charged with detection, enforcement, 
27.8 	prosecution, adjudication or incarceration in respect to the criminal or traffic laws of this 
27.9 	state. This definition also includes all sites identified and licensed as a detention facility 
27.10 	by the commissioner of corrections under section 241.021 and those federal agencies that 
27.11 	serve part or all of the state from an office located outside the state.

27.12 	Sec. 28. Minnesota Statutes 2012, section 299C.46, subdivision 2a, is amended to read:
27.13 		Subd. 2a.Noncriminal justice agency defined. For the purposes of sections 
27.14 	299C.46 to 299C.49, "noncriminal justice agency" means an agency of a the state or an 
27.15 	agency of a political subdivision of a the state charged with the responsibility of performing 
27.16 	checks of state databases connected to the criminal justice data communications network.

27.17 	Sec. 29. Minnesota Statutes 2012, section 299C.46, subdivision 3, is amended to read:
27.18 		Subd. 3.Authorized use, fee. (a) The criminal justice data communications 
27.19 	network shall be used exclusively by:
27.20 	(1) criminal justice agencies in connection with the performance of duties required 
27.21 	by law;
27.22 	(2) agencies investigating federal security clearances of individuals for assignment 
27.23 	or retention in federal employment with duties related to national security, as required by 
27.24 	Public Law 99-169 United States Code, title 5, section 9101;
27.25 	(3) other agencies to the extent necessary to provide for protection of the public or 
27.26 	property in an a declared emergency or disaster situation;
27.27 	(4) noncriminal justice agencies statutorily mandated, by state or national law, to 
27.28 	conduct checks into state databases prior to disbursing licenses or providing benefits;
27.29 	(5) the public authority responsible for child support enforcement in connection 
27.30 	with the performance of its duties;
27.31 	(6) the public defender, as provided in section 611.272; and
27.32 	(7) a county attorney or the attorney general, as the county attorney's designee, for 
27.33 	the purpose of determining whether a petition for the civil commitment of a proposed 
28.1 	patient as a sexual psychopathic personality or as a sexually dangerous person should be 
28.2 	filed, and during the pendency of the commitment proceedings;
28.3 	(8) an agency of the state or a political subdivision whose access to systems or 
28.4 	services provided from or through the bureau is specifically authorized by federal law 
28.5 	or regulation or state statute; and
28.6 	(9) a court for access to data as authorized by federal law or regulation or state 
28.7 	statute and related to the disposition of a pending case.
28.8 	(b) The commissioner of public safety shall establish a monthly network access 
28.9 	charge to be paid by each participating criminal justice agency. The network access 
28.10 	charge shall be a standard fee established for each terminal, computer, or other equipment 
28.11 	directly addressable by the data communications network, as follows: January 1, 1984 
28.12 	to December 31, 1984, $40 connect fee per month; January 1, 1985 and thereafter, $50 
28.13 	connect fee per month.
28.14 	(c) The commissioner of public safety is authorized to arrange for the connection 
28.15 	of the data communications network with the criminal justice information system of 
28.16 	the federal government, any adjacent state, or Canada country for the secure exchange 
28.17 	of information for any of the purposes authorized in paragraph (a), clauses (1), (2), (3), 
28.18 	(8) and (9).
28.19 	(d) Prior to establishing a secure connection, a criminal justice agency that is not 
28.20 	part of the Minnesota judicial branch must:
28.21 	(1) agree to comply with all applicable policies governing access to, submission of 
28.22 	or use of the data and Minnesota law governing the classification of the data;
28.23 	(2) meet the bureau's security requirements;
28.24 	(3) agree to pay any required fees; and
28.25 	(4) conduct fingerprint-based state and national background checks on its employees 
28.26 	and contractors as required by the Federal Bureau of Investigation.
28.27 	(e) Prior to establishing a secure connection, a criminal justice agency that is part of 
28.28 	the Minnesota judicial branch must:
28.29 	(1) agree to comply with all applicable policies governing access to, submission 
28.30 	of, or use of the data and Minnesota law governing the classification of the data to the 
28.31 	extent applicable and with the Rules of Public Access to Records of the Judicial Branch 
28.32 	promulgated by the Minnesota Supreme Court;
28.33 	(2) meet the bureau's security requirements;
28.34 	(3) agree to pay any required fees; and
28.35 	(4) conduct fingerprint-based state and national background checks on its employees 
28.36 	and contractors as required by the Federal Bureau of Investigation.
29.1 	(f) Prior to establishing a secure connection, a noncriminal justice agency must:
29.2 	(1) agree to comply with all applicable policies governing access to, submission of 
29.3 	or use of the data and Minnesota law governing the classification of the data;
29.4 	(2) meet the bureau's security requirements;
29.5 	(3) agree to pay any required fees; and
29.6 	(4) conduct fingerprint-based state and national background checks on its employees 
29.7 	and contractors.
29.8 	(g) Those noncriminal justice agencies that do not have a secure network connection 
29.9 	yet receive data either retrieved over the secure network by an authorized criminal justice 
29.10 	agency or as a result of a state or federal criminal history records check shall conduct a 
29.11 	background check as provided in paragraph (h) of those individuals who receive and 
29.12 	review the data to determine another individual's eligibility for employment, housing, a 
29.13 	license, or another legal right dependent on a statutorily-mandated background check.
29.14 	(h) The background check required by paragraph (f) or (g) is accomplished by 
29.15 	submitting a request to the superintendent of the Bureau of Criminal Apprehension 
29.16 	that includes a signed, written consent for the Minnesota and national criminal history 
29.17 	records check, fingerprints, and the required fee. The superintendent may exchange 
29.18 	the fingerprints with the Federal Bureau of Investigation for purposes of obtaining the 
29.19 	individual's national criminal history record information.
29.20 	The superintendent shall return the results of the national criminal history records check to 
29.21 	the noncriminal justice agency to determine if the individual is qualified to have access to 
29.22 	state and federal criminal history record information or the secure network. An individual 
29.23 	is disqualified when the state and federal criminal history record information show any of 
29.24 	the disqualifiers that the individual will apply to the records of others.
29.25 	When the individual is to have access to the secure network, the noncriminal justice 
29.26 	agency shall review the criminal history of each employee or contractor with the Criminal 
29.27 	Justice Information Services systems officer at the bureau, or the officer's designee, to 
29.28 	determine if the employee or contractor qualifies for access to the secure network. The 
29.29 	Criminal Justice Information Services systems officer or the designee shall make the 
29.30 	access determination based on Federal Bureau of Investigation policy and Bureau of 
29.31 	Criminal Apprehension policy.

29.32 	Sec. 30. [299C.72] MINNESOTA CRIMINAL HISTORY CHECKS.
29.33 		Subdivision 1.Definitions. For purposes of this section the following terms have 
29.34 	the meaning given.
30.1 	(a) "Applicant for employment" means an individual who seeks either county or city 
30.2 	employment  or has applied to serve as a volunteer in the county or city.
30.3 	(b) "Applicant for licensure" means the individual seeks a license issued by the 
30.4 	county or city which is not subject to a federal- or state-mandated background check.
30.5 	(c) "Authorized law enforcement agency" means the county sheriff for checks 
30.6 	conducted for county purposes, the police department for checks conducted for city 
30.7 	purposes, or the county sheriff for checks conducted for city purposes where there is no 
30.8 	police department.
30.9 	(d) "Criminal history check" means retrieval of criminal history data via the secure 
30.10 	network described in section 299C.46.
30.11 	(e) "Criminal history data" means adult convictions and adult open arrests less than 
30.12 	one year old found in the Minnesota computerized criminal history repository.
30.13 	(f) "Informed consent" has the meaning given in section 13.05, subdivision 4, 
30.14 	paragraph (d).
30.15 		Subd. 2.Criminal history check authorized. (a) The criminal history check 
30.16 	authorized by this section shall not be used in place of a statutorily-mandated or authorized 
30.17 	background check.
30.18 	(b) An authorized law enforcement agency may conduct a criminal history check 
30.19 	of an individual who is an applicant for employment or applicant for licensure.  Prior 
30.20 	to conducting the criminal history check, the authorized law enforcement agency must 
30.21 	receive the informed consent of the individual.
30.22 	(c) The authorized law enforcement agency shall not disseminate criminal history 
30.23 	data and must maintain it securely with the agency's office. The authorized law enforcement 
30.24 	agency can indicate whether the applicant for employment or applicant for licensure has a 
30.25 	criminal history that would prevent hire, acceptance as a volunteer to a hiring authority, or 
30.26 	would prevent the issuance of a license to the department that issues the license.

30.27 	Sec. 31. Minnesota Statutes 2012, section 299F.035, subdivision 1, is amended to read:
30.28 		Subdivision 1.Definitions. (a) The definitions in this subdivision apply to this 
30.29 	section.
30.30 	(b) "Minnesota criminal history data" has the meaning given in section 13.87 means 
30.31 	adult convictions and juvenile adjudications.
30.32 	(c) "Criminal justice agency" has the meaning given in section 299C.46, subdivision 
30.33 	2.
30.34 	(d) "Fire department" has the meaning given in section 299N.01, subdivision 2.
30.35 	(e) (d) "Private data" has the meaning given in section 13.02, subdivision 12.

31.1 	Sec. 32. Minnesota Statutes 2012, section 299F.035, subdivision 2, is amended to read:
31.2 		Subd. 2.Plan for access to data. (a) The superintendent of the Bureau of Criminal 
31.3 	Apprehension, in consultation with the state fire marshal, shall develop and implement 
31.4 	a plan for fire departments to have access to criminal history data A background check 
31.5 	must be conducted on all applicants for employment and may be conducted on current 
31.6 	employees at a fire department. The fire chief must conduct a Minnesota criminal history 
31.7 	record check. For applicants for employment who have lived in Minnesota for less than 
31.8 	five years, or on the request of the fire chief, a national criminal history record check 
31.9 	must also be conducted.
31.10 	(b) The plan must include:
31.11 	(1) security procedures to prevent unauthorized use or disclosure of private data; and
31.12 	(2) a procedure for the hiring or employing authority in each fire department to 
31.13 	fingerprint job applicants or employees, submit requests to the Bureau of Criminal 
31.14 	Apprehension, and obtain state and federal criminal history data reports for a nominal fee.
31.15 	(b) For a Minnesota criminal history record check, the fire chief must either (i) 
31.16 	submit the signed informed consent of the applicant or employee and the required fee to 
31.17 	the superintendent, or (ii) submit the signed informed consent to the chief of police. The 
31.18 	superintendent or chief must retrieve Minnesota criminal history data and provide the 
31.19 	data to the fire chief for review.
31.20 	(c) For a national criminal history record check, the fire chief must submit the 
31.21 	signed informed consent and fingerprints of the applicant or employee, and the required 
31.22 	fee, to the superintendent. The superintendent may exchange the fingerprints with the 
31.23 	Federal Bureau of Investigation to obtain the individual's national criminal history record 
31.24 	information. The superintendent must return the results of the national criminal history 
31.25 	record check to the fire chief for the purpose of determining if the applicant is qualified to 
31.26 	be employed or if a current employee is able to retain the employee's position.

31.27 	Sec. 33. Minnesota Statutes 2012, section 299F.77, is amended to read:
31.28 	299F.77 ISSUANCE TO CERTAIN PERSONS PROHIBITED.
31.29 		Subdivision 1.Disqualifiers. The following persons shall not be entitled to receive 
31.30 	an explosives license or permit:
31.31 	(1) a person under the age of 18 years;
31.32 	(2) a person who has been convicted in this state or elsewhere of a crime of violence, 
31.33 	as defined in section 299F.72, subdivision 1b, unless ten years have elapsed since the 
31.34 	person's civil rights have been restored or the sentence has expired, whichever occurs first, 
31.35 	and during that time the person has not been convicted of any other crime of violence. For 
32.1 	purposes of this section, crime of violence includes crimes in other states or jurisdictions 
32.2 	that would have been crimes of violence if they had been committed in this state;
32.3 	(3) a person who is or has ever been confined or committed in Minnesota or 
32.4 	elsewhere as a person who is mentally ill, developmentally disabled, or mentally ill and 
32.5 	dangerous to the public, as defined in section 253B.02, to a treatment facility, unless the 
32.6 	person possesses a certificate of a medical doctor or psychiatrist licensed in Minnesota, or 
32.7 	other satisfactory proof, that the person is no longer suffering from this disability;
32.8 	(4) a person who has been convicted in Minnesota or elsewhere for the unlawful 
32.9 	use, possession, or sale of a controlled substance other than conviction for possession of 
32.10 	a small amount of marijuana, as defined in section 152.01, subdivision 16, or who is or 
32.11 	has ever been hospitalized or committed for treatment for the habitual use of a controlled 
32.12 	substance or marijuana, as defined in sections 152.01 and 152.02, unless the person 
32.13 	possesses a certificate of a medical doctor or psychiatrist licensed in Minnesota, or other 
32.14 	satisfactory proof, that the person has not abused a controlled substance or marijuana 
32.15 	during the previous two years; and
32.16 	(5) a person who has been confined or committed to a treatment facility in Minnesota 
32.17 	or elsewhere as chemically dependent, as defined in section 253B.02, unless the person 
32.18 	has completed treatment.
32.19 		Subd. 2.Background check. (a) For licenses issued by the commissioner under 
32.20 	section 299F.73, the applicant for licensure must provide the commissioner with all of 
32.21 	the information required by Code of Federal Regulations, title 28, section 25.7. The 
32.22 	commissioner shall forward the information to the superintendent of the Bureau of 
32.23 	Criminal Apprehension so that criminal records, histories and warrant information on the 
32.24 	applicant can be retrieved from the Minnesota Crime Information System and the National 
32.25 	Instant Criminal Background Check System, as well as the civil commitment records 
32.26 	maintained by the Department of Human Services. The results must be returned to the 
32.27 	commissioner to determine if the individual applicant is qualified to receive a license.
32.28 	(b) For permits issued by a county sheriff or chief of police under section 299F.75, 
32.29 	the applicant for a permit must provide the county sheriff or chief of police with all of 
32.30 	the information required by Code of Federal Regulations, title 28, section 25.7. The 
32.31 	county sheriff or chief of police must check, by means of electronic data transfer, criminal 
32.32 	records, histories and warrant information on each applicant through the Minnesota Crime 
32.33 	Information System and the National Instant Criminal Background Check System, as well 
32.34 	as the civil commitment records maintained by the Department of Human Services. The 
32.35 	county sheriff or chief of police shall use the results of the query to determine if the 
32.36 	individual applicant is qualified to receive a permit.

33.1 	Sec. 34. Minnesota Statutes 2012, section 340A.301, subdivision 2, is amended to read:
33.2 		Subd. 2.Persons eligible. (a) Licenses under this section may be issued only to 
33.3 	a person who:
33.4 	(1) is of good moral character and repute;
33.5 	(2) is 21 years of age or older;
33.6 	(3) has not had a license issued under this chapter revoked within five years of the 
33.7 	date of license application, or to any person who at the time of the violation owns any 
33.8 	interest, whether as a holder of more than five percent of the capital stock of a corporation 
33.9 	licensee, as a partner or otherwise, in the premises or in the business conducted thereon, 
33.10 	or to a corporation, partnership, association, enterprise, business, or firm in which any 
33.11 	such person is in any manner interested; and
33.12 	(4) has not been convicted within five years of the date of license application of a 
33.13 	felony, or of a willful violation of a federal or state law, or local ordinance governing 
33.14 	the manufacture, sale, distribution, or possession for sale or distribution of alcoholic 
33.15 	beverages. The Alcohol and Gambling Enforcement Division may require that fingerprints 
33.16 	be taken and may forward the fingerprints to the Federal Bureau of Investigation for 
33.17 	purposes of a criminal history check.
33.18 	(b) In order to determine if an individual has a felony or willful violation of federal 
33.19 	or state law governing the manufacture, sale, distribution, or possession for sale or 
33.20 	distribution of an alcoholic beverage, the applicant for a license to manufacture or sell 
33.21 	at wholesale must provide the commissioner with their signed, written informed consent 
33.22 	to conduct a background check. The commissioner may query the Minnesota criminal 
33.23 	history repository for records on the applicant. If the commissioner conducts a national 
33.24 	criminal history record check, the commissioner must obtain fingerprints from the 
33.25 	applicant and forward them and the required fee to the superintendent of the Bureau 
33.26 	of Criminal Apprehension. The superintendent may exchange the fingerprints with the 
33.27 	Federal Bureau of Investigation for purposes of obtaining the applicant's national criminal 
33.28 	history record information. The superintendent shall return the results of the national 
33.29 	criminal history records check to the commissioner for the purpose of determining if the 
33.30 	applicant is qualified to receive a license.

33.31 	Sec. 35. Minnesota Statutes 2012, section 340A.402, is amended to read:
33.32 	340A.402 PERSONS ELIGIBLE.
33.33 		Subdivision 1.Disqualifiers. No retail license may be issued to:
33.34 	(1) a person under 21 years of age;
34.1 	(2) a person who has had an intoxicating liquor or 3.2 percent malt liquor license 
34.2 	revoked within five years of the license application, or to any person who at the time of 
34.3 	the violation owns any interest, whether as a holder of more than five percent of the capital 
34.4 	stock of a corporation licensee, as a partner or otherwise, in the premises or in the business 
34.5 	conducted thereon, or to a corporation, partnership, association, enterprise, business, or 
34.6 	firm in which any such person is in any manner interested;
34.7 	(3) a person not of good moral character and repute; or
34.8 	(4) a person who has a direct or indirect interest in a manufacturer, brewer, or 
34.9 	wholesaler.
34.10 	In addition, no new retail license may be issued to, and the governing body of a 
34.11 	municipality may refuse to renew the license of, a person who, within five years of the 
34.12 	license application, has been convicted of a felony or a willful violation of a federal or 
34.13 	state law or local ordinance governing the manufacture, sale, distribution, or possession 
34.14 	for sale or distribution of an alcoholic beverage. The Alcohol and Gambling Enforcement 
34.15 	Division or licensing authority may require that fingerprints be taken and forwarded to the 
34.16 	Federal Bureau of Investigation for purposes of a criminal history check.
34.17 		Subd. 2.Background check. (a) A retail liquor license may be issued by a city, 
34.18 	a county, or the commissioner. The chief of police is responsible for the background 
34.19 	checks prior to a city issuing a retail liquor license. A county sheriff is responsible for the 
34.20 	background checks prior to the county issuing a retail liquor license and for those cities 
34.21 	that do not have a police department. The commissioner is responsible for the background 
34.22 	checks prior to the state issuing a retail liquor license.
34.23 	(b) The applicant for a retail license must provide the appropriate authority with 
34.24 	the applicant's signed, written informed consent to conduct a background check. The 
34.25 	appropriate authority is authorized to query the Minnesota criminal history repository for 
34.26 	records on the applicant. If the appropriate authority conducts a national criminal history 
34.27 	records check, the appropriate authority must obtain fingerprints from the applicant 
34.28 	and forward the fingerprints and the required fee to the superintendent of the Bureau 
34.29 	of Criminal Apprehension. The superintendent may exchange the fingerprints with the 
34.30 	Federal Bureau of Investigation for purposes of obtaining the applicant's national criminal 
34.31 	history record information. The superintendent shall return the results of the national 
34.32 	criminal history records check to the appropriate authority for the purpose of determining 
34.33 	if the applicant is qualified to receive a license.

34.34 	Sec. 36. Minnesota Statutes 2012, section 611.272, is amended to read:
34.35 	611.272 ACCESS TO GOVERNMENT DATA.
35.1 	The district public defender, the state public defender, or an attorney working for 
35.2 	a public defense corporation under section 611.216 has access to the criminal justice 
35.3 	data communications network described in section 299C.46, as provided in this section. 
35.4 	Access to data under this section is limited to data necessary to prepare criminal cases in 
35.5 	which the public defender has been appointed as follows:
35.6 	(1) access to data about witnesses in a criminal case shall be limited to records of 
35.7 	criminal convictions, custody status, custody history, aliases and known monikers, race, 
35.8 	probation status, identity of probation officer, and booking photos; and
35.9 	(2) access to data regarding the public defender's own client which includes, but 
35.10 	is not limited to, criminal history data under section 13.87; juvenile offender data under 
35.11 	section 299C.095; warrant information data under section 299C.115; incarceration data 
35.12 	under section 299C.14; conditional release data under section 241.065; and diversion 
35.13 	program data under section 299C.46, subdivision 5.
35.14 	The public defender has access to data under this section, whether accessed via the 
35.15 	integrated search service as defined in section 13.873 or other methods. The public 
35.16 	defender does not have access to law enforcement active investigative data under section 
35.17 	13.82, subdivision 7; data protected under section 13.82, subdivision 17; confidential 
35.18 	arrest warrant indices data under section 13.82, subdivision 19; or data systems maintained 
35.19 	by a prosecuting attorney. The public defender has access to the data at no charge, except 
35.20 	for the monthly network access charge under section 299C.46, subdivision 3, paragraph 
35.21 	(b), and a reasonable installation charge for a terminal. Notwithstanding section 13.87, 
35.22 	subdivision 3; 299C.46, subdivision 3, paragraph (b); 299C.48, or any other law to the 
35.23 	contrary, there shall be no charge to public defenders for Internet access to the criminal 
35.24 	justice data communications network.

35.25 	Sec. 37. Minnesota Statutes 2012, section 611A.203, subdivision 4, is amended to read:
35.26 		Subd. 4.Duties; access to data. (a) The domestic fatality review team shall collect, 
35.27 	review, and analyze death certificates and death data, including investigative reports, 
35.28 	medical and counseling records, victim service records, employment records, child abuse 
35.29 	reports, or other information concerning domestic violence deaths, survivor interviews 
35.30 	and surveys, and other information deemed by the team as necessary and appropriate 
35.31 	concerning the causes and manner of domestic violence deaths.
35.32 	(b) The review team has access to the following not public data, as defined in 
35.33 	section 13.02, subdivision 8a, relating to a case being reviewed by the team: inactive 
35.34 	law enforcement investigative data under section 13.82; autopsy records and coroner or 
35.35 	medical examiner investigative data under section 13.83; hospital, public health, or other 
36.1 	medical records of the victim under section 13.384; records under section 13.46, created 
36.2 	by social service agencies that provided services to the victim, the alleged perpetrator, or 
36.3 	another victim who experienced or was threatened with domestic abuse by the perpetrator; 
36.4 	and child maltreatment records under section 626.556, relating to the victim or a family or 
36.5 	household member of the victim. Access to medical records under this paragraph also 
36.6 	includes records governed by sections 144.291 to 144.298. The review team has access to 
36.7 	corrections and detention data as provided in section 13.85.
36.8 	(c) As part of any review, the domestic fatality review team may compel the 
36.9 	production of other records by applying to the district court for a subpoena, which will be 
36.10 	effective throughout the state according to the Rules of Civil Procedure.

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

36.12 	Sec. 38. Minnesota Statutes 2012, section 626.556, subdivision 7, is amended to read:
36.13 		Subd. 7.Report; information provided to parent. (a) An oral report shall be made 
36.14 	immediately by telephone or otherwise. An oral report made by a person required under 
36.15 	subdivision 3 to report shall be followed within 72 hours, exclusive of weekends and 
36.16 	holidays, by a report in writing to the appropriate police department, the county sheriff, the 
36.17 	agency responsible for assessing or investigating the report, or the local welfare agency, 
36.18 	unless the appropriate agency has informed the reporter that the oral information does 
36.19 	not constitute a report under subdivision 10. The local welfare agency shall determine 
36.20 	if the report is accepted for an assessment or investigation as soon as possible but in no 
36.21 	event longer than 24 hours after the report is received. Any report shall be of sufficient 
36.22 	content to identify the child, any person believed to be responsible for the abuse or neglect 
36.23 	of the child if the person is known, the nature and extent of the abuse or neglect and the 
36.24 	name and address of the reporter. If requested, the local welfare agency or the agency 
36.25 	responsible for assessing or investigating the report shall inform the reporter within ten 
36.26 	days after the report is made, either orally or in writing, whether the report was accepted 
36.27 	for assessment or investigation. Written reports received by a police department or the 
36.28 	county sheriff shall be forwarded immediately to the local welfare agency or the agency 
36.29 	responsible for assessing or investigating the report. The police department or the county 
36.30 	sheriff may keep copies of reports received by them. Copies of written reports received by 
36.31 	a local welfare department or the agency responsible for assessing or investigating the 
36.32 	report shall be forwarded immediately to the local police department or the county sheriff.
36.33 	(b) Notwithstanding paragraph (a), the commissioner of education must inform the 
36.34 	parent, guardian, or legal custodian of the child who is the subject of a report of alleged 
36.35 	maltreatment in a school facility within ten days of receiving the report, either orally or 
37.1 	in writing, whether the commissioner is assessing or investigating the report of alleged 
37.2 	maltreatment.
37.3 	(c) Regardless of whether a report is made under this subdivision, as soon as 
37.4 	practicable after a school receives information regarding an incident that may constitute 
37.5 	maltreatment of a child in a school facility, the school shall inform the parent, legal 
37.6 	guardian, or custodian of the child that an incident has occurred that may constitute 
37.7 	maltreatment of the child, when the incident occurred, and the nature of the conduct 
37.8 	that may constitute maltreatment.
37.9 	(d) A written copy of a report maintained by personnel of agencies, other than 
37.10 	welfare or law enforcement agencies, which are subject to chapter 13 shall be confidential. 
37.11 	An individual subject of the report may obtain access to the original report as provided 
37.12 	by subdivision 11.

37.13 	Sec. 39. NEWBORN SCREENING PROGRAM STUDY.
 37.14 	(a) The commissioner of health, in consultation with the medical research and 
37.15 	advocacy groups identified in paragraph (b), shall review the newborn screening programs 
37.16 	in Minnesota Statutes, section 144.125, and evaluate the scientific and medical validity of 
37.17 	a comprehensive and sustainable long-term storage and use plan for the test results under 
37.18 	Minnesota Statutes, section 144.125. The commissioner shall consider the following:
37.19 	(1) peer-reviewed medical research into the diagnosis and treatment of heritable 
37.20 	and congenital disease;
37.21 	(2) strategies for education of parents and families about the utility of advancing 
37.22 	new knowledge through research on blood spots and test data made possible by long-term 
37.23 	storage and use;
37.24 	(3) plans and protocols for clinical and research access to test result data;
37.25 	(4) minimizing the administrative burden on hospitals and health care providers in 
37.26 	the operation of the newborn screening program;
37.27 	(5) the adequacy of current law on the standard retention period for test results under 
37.28 	Minnesota Statutes, section 144.125, subdivision 6; and
37.29 	(6) privacy concerns associated with parental consent options and long-term storage 
37.30 	and use of blood samples and test data.
37.31 	(b) As part of the evaluation, the commissioner shall consult with medical research 
37.32 	and data privacy experts, including, but not limited to, specialists in metabolic care, 
37.33 	immunology, pediatrics, epidemiology, nutrition, pulmonology, cardiology, endocrinology, 
37.34 	hematology, hearing care, and medical genetics, as well as patient advocacy and data 
37.35 	privacy groups.
38.1 	(c) By February 1, 2014, the commissioner shall submit a report to the chairs and 
38.2 	ranking minority members of the senate and house of representatives committees and 
38.3 	divisions with primary jurisdiction on health and human services and data privacy on 
38.4 	comprehensive and sustainable long-term storage and usage of the test results. 
38.5 	(d) The commissioner shall conduct the evaluation required under this section within 
38.6 	existing appropriations.

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

38.8 	Sec. 40. DESTRUCTION OF MILEAGE-BASED USER FEE DATA.
 38.9 	Notwithstanding Minnesota Statutes, section 138.17, data classified as not public 
38.10 	pursuant to a temporary classification of the commissioner of administration related to 
38.11 	the mileage-based user fee pilot project established by Laws 2007, chapter 143, article 1, 
38.12 	section 3, subdivision 3, paragraph (a), clause (1), shall be destroyed no later than July 31, 
38.13 	2013. This section does not apply to summary data on types of vehicles used and road 
38.14 	usage, provided that the data do not identify participants or contain other characteristics 
38.15 	that could uniquely identify participants.

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

38.17 	Sec. 41.  REPEALER.
 38.18 	Minnesota Statutes 2012, section 299A.28, is repealed.