SF 745

1st Unofficial Engrossment - 88th Legislature (2013 - 2014)

Posted on 04/29/2013 12:38 p.m.

1.1A bill for an act 1.2relating to state government; classifying or modifying certain provisions 1.3concerning data practices; requiring informed consent; amending definitions; 1.4allowing disclosure of certain data; allowing access to certain records; making 1.5technical changes; modifying certain provisions regarding transportation and 1.6health data; requiring an inventory of biological and health data; modifying 1.7certain provisions regarding criminal history records, criminal background 1.8checks, and other criminal justice data provisions; extending for six years the 1.9sunset provision for the newborn screening advisory committee; repealing the 1.10McGruff safe house program;amending Minnesota Statutes 2012, sections 13.37, 1.11subdivision 1; 13.386, subdivision 3; 13.43, subdivision 2; 13.64, subdivision 2; 1.1213.72, subdivision 10, by adding subdivisions; 144.966, subdivisions 2, 3, 4, by 1.13adding subdivisions; 171.07, subdivision 1a; 268.19, subdivision 1; 299C.11, 1.14subdivision 1; 299C.46, subdivisions 1, 2, 2a, 3; 299F.035, subdivisions 1, 1.152; 299F.77; 340A.301, subdivision 2; 340A.402; 611A.203, subdivision 4; 1.16proposing coding for new law in Minnesota Statutes, chapters 13; 144; 299C; 1.17repealing Minnesota Statutes 2012, section 299A.28. 1.18BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.19    Section 1. new text begin [13.356] PERSONAL CONTACT AND ONLINE ACCOUNT new text end 1.20 new text begin INFORMATION. new text end 1.21 new text begin Except where disclosure is specifically authorized by law, and notwithstanding new text end 1.22 new text begin section 13.04, subdivision 2, the following data on an individual collected, maintained, or new text end 1.23 new text begin received by a government entity for notification or informational purposes of a general new text end 1.24 new text begin nature as requested by the individual are private data on individuals: new text end 1.25 new text begin (1) telephone number; new text end 1.26 new text begin (2) e-mail address; and new text end 1.27 new text begin (3) Internet user name, password, Internet protocol address, and any other similar new text end 1.28 new text begin data related to the individual's online account or access procedures. new text end 2.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 2.2 new text begin and applies to data collected, maintained, or received before, on, or after that date. new text end 2.3    Sec. 2. Minnesota Statutes 2012, section 13.37, subdivision 1, is amended to read: 2.4    Subdivision 1. Definitions. As used in this section, the following terms have the 2.5meanings given them. 2.6(a) "Security information" means government data the disclosure of which the 2.7responsible authority determines would be likely to substantially jeopardize the security of 2.8information, possessions, individuals or property against theft, tampering, improper use, 2.9attempted escape, illegal disclosure, trespass, or physical injury. "Security information" 2.10includes crime prevention block maps and lists of volunteers who participate in community 2.11crime prevention programs and their home new text begin and mailing new text end addresses and new text begin , new text end telephone numbers new text begin , new text end 2.12 new text begin e-mail addresses, Internet communication services accounts information or similar new text end 2.13 new text begin accounts information, and global positioning system locations new text end . 2.14(b) "Trade secret information" means government data, including a formula, pattern, 2.15compilation, program, device, method, technique or process (1) that was supplied by the 2.16affected individual or organization, (2) that is the subject of efforts by the individual or 2.17organization that are reasonable under the circumstances to maintain its secrecy, and (3) 2.18that derives independent economic value, actual or potential, from not being generally 2.19known to, and not being readily ascertainable by proper means by, other persons who can 2.20obtain economic value from its disclosure or use. 2.21(c) "Labor relations information" means management positions on economic and 2.22noneconomic items that have not been presented during the collective bargaining process 2.23or interest arbitration, including information specifically collected or created to prepare 2.24the management position. 2.25(d) "Parking space leasing data" means the following government data on an 2.26applicant for, or lessee of, a parking space: residence address, home telephone number, 2.27beginning and ending work hours, place of employment, work telephone number, and 2.28location of the parking space. 2.29    Sec. 3. Minnesota Statutes 2012, section 13.386, subdivision 3, is amended to read: 2.30    Subd. 3. Collection, storage, use, and dissemination of genetic information. new text begin (a) new text end 2.31Unless otherwise expressly provided by law, genetic information about an individual: 2.32(1) may be collected by a government entity, as defined in section 13.02, subdivision 2.337a, or any other person only with the written informed consent of the individual; 3.1(2) may be used only for purposes to which the individual has given written 3.2informed consent; 3.3(3) may be stored only for a period of time to which the individual has given written 3.4informed consent; and 3.5(4) may be disseminated only: 3.6(i) with the individual's written informed consent; or 3.7(ii) if necessary in order to accomplish purposes described by clause (2). A consent 3.8to disseminate genetic information under item (i) must be signed and dated. Unless 3.9otherwise provided by law, such a consent is valid for one year or for a lesser period 3.10specified in the consent. 3.11 new text begin (b) Newborn screening activities conducted under sections 144.125 to 144.128 are new text end 3.12 new text begin subject to paragraph (a). Other programs and activities governed under section 144.192 new text end 3.13 new text begin are not subject to paragraph (a). new text end 3.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2013. new text end 3.15    Sec. 4. Minnesota Statutes 2012, section 13.43, subdivision 2, is amended to read: 3.16    Subd. 2. Public data. (a) Except for employees described in subdivision 5 and 3.17subject to the limitations described in subdivision 5a, the following personnel data on 3.18current and former employees, volunteers, and independent contractors of a government 3.19entity is public: 3.20    (1) name; employee identification number, which must not be the employee's Social 3.21Security number; actual gross salary; salary range; terms and conditions of employment 3.22relationship; contract fees; actual gross pension; the value and nature of employer paid 3.23fringe benefits; and the basis for and the amount of any added remuneration, including 3.24expense reimbursement, in addition to salary; 3.25    (2) job title and bargaining unit; job description; education and training background; 3.26and previous work experience; 3.27    (3) date of first and last employment; 3.28    (4) the existence and status of any complaints or charges against the employee, 3.29regardless of whether the complaint or charge resulted in a disciplinary action; 3.30    (5) the final disposition of any disciplinary action together with the specific reasons 3.31for the action and data documenting the basis of the action, excluding data that would 3.32identify confidential sources who are employees of the public body; 3.33    (6) the complete terms of any agreement settling any dispute arising out of an 3.34employment relationship, including a buyout agreement as defined in section 123B.143, 4.1subdivision 2 , paragraph (a); except that the agreement must include specific reasons for 4.2the agreement if it involves the payment of more than $10,000 of public money; 4.3    (7) work location; a work telephone number; badge number; work-related continuing 4.4education; and honors and awards received; and 4.5    (8) payroll time sheets or other comparable data that are only used to account for 4.6employee's work time for payroll purposes, except to the extent that release of time sheet 4.7data would reveal the employee's reasons for the use of sick or other medical leave 4.8or other not public data. 4.9    (b) For purposes of this subdivision, a final disposition occurs when the government 4.10entity makes its final decision about the disciplinary action, regardless of the possibility of 4.11any later proceedings or court proceedings. Final disposition includes a resignation by an 4.12individual when the resignation occurs after the final decision of the government entity, 4.13or arbitrator. In the case of arbitration proceedings arising under collective bargaining 4.14agreements, a final disposition occurs at the conclusion of the arbitration proceedings, 4.15or upon the failure of the employee to elect arbitration within the time provided by the 4.16collective bargaining agreement. A disciplinary action does not become public data if an 4.17arbitrator sustains a grievance and reverses all aspects of any disciplinary action. 4.18    (c) The government entity may display a photograph of a current or former employee 4.19to a prospective witness as part of the government entity's investigation of any complaint 4.20or charge against the employee. 4.21    (d) A complainant has access to a statement provided by the complainant to a 4.22government entity in connection with a complaint or charge against an employee. 4.23    (e) Notwithstanding paragraph (a), clause (5), and subject to paragraph (f), upon 4.24completion of an investigation of a complaint or charge against a public official, or if a 4.25public official resigns or is terminated from employment while the complaint or charge is 4.26pending, all data relating to the complaint or charge are public, unless access to the data 4.27would jeopardize an active investigation or reveal confidential sources. For purposes 4.28of this paragraph, "public official" means: 4.29    (1) the head of a state agency and deputy and assistant state agency heads; 4.30    (2) members of boards or commissions required by law to be appointed by the 4.31governor or other elective officers; 4.32    (3) executive or administrative heads of departments, bureaus, divisions, or 4.33institutions within state government; and 4.34(4) the following employees: 4.35(i) the chief administrative officer, or the individual acting in an equivalent position, 4.36in all political subdivisions; 5.1(ii) individuals required to be identified by a political subdivision pursuant to section 5.2471.701 ; 5.3(iii) in a city with a population of more than 7,500 or a county with a population 5.4of more than 5,000, individuals in a management capacity reporting directly to the chief 5.5administrative officer or the individual acting in an equivalent position new text begin : managers; chiefs; new text end 5.6 new text begin heads or directors of departments, divisions, bureaus, or boards; and any equivalent new text end 5.7 new text begin position new text end ; and 5.8(iv) in a school district, new text begin : new text end business managers, new text begin ; new text end human resource directors, and new text begin ; athletic new text end 5.9 new text begin directors; chief financial officers; directors; new text end individuals defined as superintendents, new text begin and new text end 5.10 principals, and directors under Minnesota Rules, part 3512.0100; and in a charter school, 5.11individuals employed in comparable positions. 5.12(f) Data relating to a complaint or charge against an employee identified under 5.13paragraph (e), clause (4), are public only if: 5.14(1) the complaint or charge results in disciplinary action or the employee resigns or 5.15is terminated from employment while the complaint or charge is pending; or 5.16(2) potential legal claims arising out of the conduct that is the subject of the 5.17complaint or charge are released as part of a settlement agreement with another person. 5.18This paragraph and paragraph (e) do not authorize the release of data that are made 5.19not public under other law. 5.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 5.21    Sec. 5. Minnesota Statutes 2012, section 13.64, subdivision 2, is amended to read: 5.22    Subd. 2. Department of Administration. new text begin (a) new text end Security features of building 5.23plans, building specifications, and building drawings of state-owned facilities and 5.24non-state-owned facilities leased by the state are classified as nonpublic data when 5.25maintained by the Department of Administration and may be shared with anyone as 5.26needed to perform duties of the commissioner. 5.27 new text begin (b) Data maintained by the Department of Administration that identifies an new text end 5.28 new text begin individual with a disability or a family member of an individual with a disability related to new text end 5.29 new text begin services funded by the federal Assistive Technology Act, United States Code, title 29, new text end 5.30 new text begin section 3002, for assistive technology device demonstrations, transition training, loans, new text end 5.31 new text begin reuse, or alternative financing are private data. new text end 5.32    Sec. 6. Minnesota Statutes 2012, section 13.72, subdivision 10, is amended to read: 5.33    Subd. 10. Transportation service data. Personal, medical, financial, familial, or 5.34locational information data pertaining to applicants for or users of services providing 6.1transportation for the disabled or elderly, with the exception of the name of the applicant 6.2or user of the service, are private. 6.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 6.4    Sec. 7. Minnesota Statutes 2012, section 13.72, is amended by adding a subdivision to 6.5read: 6.6     new text begin Subd. 18. new text end new text begin Mileage-based user fees. new text end new text begin (a) The following data pertaining to new text end 6.7 new text begin participation in the Minnesota road use test, as required by Laws 2007, chapter 143, new text end 6.8 new text begin article 1, section 3, subdivision 3, paragraph (a), clause (1), are classified as nonpublic new text end 6.9 new text begin or private data: new text end 6.10 new text begin (1) names of participants, participants' contact information, and data contained in new text end 6.11 new text begin applications for participation in the Minnesota road use test; new text end 6.12 new text begin (2) applications for the purchase, lease, or rental of the GPS navigation device; new text end 6.13 new text begin (3) participants' vehicle identification data; new text end 6.14 new text begin (4) financial and credit data; and new text end 6.15 new text begin (5) participants' road usage data. new text end 6.16 new text begin (b) Nothing in this section prohibits the production of summary data, as defined in new text end 6.17 new text begin section 13.02, subdivision 19, as it pertains to types of vehicles used and road usage new text end 6.18 new text begin data, as long as the participants' identities or any other characteristic that could uniquely new text end 6.19 new text begin identify participants are not ascertainable. new text end 6.20 new text begin (c) Notwithstanding section 13.03, subdivision 6, the Department of Transportation new text end 6.21 new text begin shall only produce the data made not public under this subdivision to federal, state, and new text end 6.22 new text begin local law enforcement authorities acting pursuant to a valid probable cause search warrant. new text end 6.23    Sec. 8. Minnesota Statutes 2012, section 13.72, is amended by adding a subdivision to 6.24read: 6.25     new text begin Subd. 19. new text end new text begin Construction manager/general contractor data. new text end new text begin (a) When the new text end 6.26 new text begin Department of Transportation undertakes a construction manager/general contractor new text end 6.27 new text begin contract, as defined and authorized in sections 161.3207 to 161.3209, the provisions new text end 6.28 new text begin of this subdivision apply. new text end 6.29 new text begin (b) When the commissioner of transportation solicits a request for qualifications: new text end 6.30 new text begin (1) the following data are classified as protected nonpublic: new text end 6.31 new text begin (i) the statement of qualifications scoring evaluation manual; and new text end 6.32 new text begin (ii) the statement of qualifications evaluations; new text end 6.33 new text begin (2) the statement of qualifications submitted by a potential construction new text end 6.34 new text begin manager/general contractor is classified as nonpublic data; and new text end 7.1 new text begin (3) identifying information concerning the members of the Technical Review new text end 7.2 new text begin Committee is classified as private data. new text end 7.3 new text begin (c) When the commissioner of transportation announces the short list of qualified new text end 7.4 new text begin construction managers/general contractors, the following data become public: new text end 7.5 new text begin (1) the statement of qualifications scoring evaluation manual; and new text end 7.6 new text begin (2) the statement of qualifications evaluations. new text end 7.7 new text begin (d) When the commissioner of transportation solicits a request for proposals: new text end 7.8 new text begin (1) the proposal scoring manual is classified as protected nonpublic data; and new text end 7.9 new text begin (2) the following data are classified as nonpublic data: new text end 7.10 new text begin (i) the proposals submitted by a potential construction manager/general contractor; new text end 7.11 new text begin and new text end 7.12 new text begin (ii) the proposal evaluations. new text end 7.13 new text begin (e) When the commissioner of transportation has completed the ranking of proposals new text end 7.14 new text begin and announces the selected construction manager/general contractor, the proposal new text end 7.15 new text begin evaluation score or rank and proposal evaluations become public data. new text end 7.16 new text begin (f) When the commissioner of transportation conducts contract negotiations new text end 7.17 new text begin with a construction manager/general contractor, government data created, collected, new text end 7.18 new text begin stored, and maintained during those negotiations are nonpublic data until a construction new text end 7.19 new text begin manager/general contractor contract is fully executed. new text end 7.20 new text begin (g) When the construction manager/general contractor contract is fully executed or new text end 7.21 new text begin when the commissioner of transportation decides to use another contract procurement new text end 7.22 new text begin process, other than the construction manager/general contractor authority, authorized new text end 7.23 new text begin under section 161.3209, subdivision 3, paragraph (b), all remaining data not already made new text end 7.24 new text begin public under this subdivision become public. new text end 7.25 new text begin (h) If the commissioner of transportation rejects all responses to a request for new text end 7.26 new text begin proposals before a construction manager/general contractor contract is fully executed, all new text end 7.27 new text begin data, other than that data made public under this subdivision, retains its classification new text end 7.28 new text begin until a resolicitation of the request for proposals results in a fully executed construction new text end 7.29 new text begin manager/general contractor contract or a determination is made to abandon the project. If new text end 7.30 new text begin a resolicitation of proposals does not occur within one year of the announcement of the new text end 7.31 new text begin request for proposals, the remaining data become public. new text end 7.32    Sec. 9. Minnesota Statutes 2012, section 13.72, is amended by adding a subdivision to 7.33read: 7.34     new text begin Subd. 20. new text end new text begin Transit customer data. new text end new text begin (a) Data on applicants, users, and customers new text end 7.35 new text begin of public transit collected by or through the Metropolitan Council's personalized Web new text end 8.1 new text begin services or the regional fare collection system are private data on individuals. As used in new text end 8.2 new text begin this subdivision, the following terms have the meanings given them: new text end 8.3 new text begin (1) "regional fare collection system" means the fare collection system created and new text end 8.4 new text begin administered by the council that is used for collecting fares or providing fare cards or new text end 8.5 new text begin passes for transit services, which include: new text end 8.6 new text begin (i) regular route bus service within the metropolitan area and paratransit service, new text end 8.7 new text begin whether provided by the council or by other providers of regional transit service; new text end 8.8 new text begin (ii) light rail transit service within the metropolitan area; new text end 8.9 new text begin (iii) rideshare programs administered by the council; new text end 8.10 new text begin (iv) special transportation services provided under section 473.386; and new text end 8.11 new text begin (v) commuter rail service; new text end 8.12 new text begin (2) "personalized Web services" means services for which transit service applicants, new text end 8.13 new text begin users, and customers must establish a user account; and new text end 8.14 new text begin (3) "metropolitan area" means the area defined in section 473.121, subdivision 2. new text end 8.15 new text begin (b) The Metropolitan Council may disseminate data on user and customer transaction new text end 8.16 new text begin history and fare card use to government entities, organizations, school districts, educational new text end 8.17 new text begin institutions, and employers that subsidize or provide fare cards to their clients, students, or new text end 8.18 new text begin employees. "Data on user and customer transaction history and fare card use" includes only: new text end 8.19 new text begin (1) the date a fare card was used; new text end 8.20 new text begin (2) the time a fare card was used; new text end 8.21 new text begin (3) the mode of travel; new text end 8.22 new text begin (4) the type of fare product used; and new text end 8.23 new text begin (5) information about the date, time, and type of fare product purchased. new text end 8.24 new text begin Government entities, organizations, school districts, educational institutions, and new text end 8.25 new text begin employers may use customer transaction history and fare card use data only for new text end 8.26 new text begin the purposes of measuring and promoting fare card use and for evaluating the cost new text end 8.27 new text begin effectiveness of their fare card programs. If a user or customer requests in writing that new text end 8.28 new text begin the council limit the disclosure of transaction history and fare card use, the council may new text end 8.29 new text begin disclose only the card balance and the date a card was last used. new text end 8.30 new text begin (c) The Metropolitan Council may disseminate transit service applicant, user, and new text end 8.31 new text begin customer data: new text end 8.32 new text begin (1) to another government entity to prevent unlawful intrusion into government new text end 8.33 new text begin electronic systems; new text end 8.34 new text begin (2) to its Metropolitan Transit Police and other law enforcement agencies conducting new text end 8.35 new text begin investigations; or new text end 8.36 new text begin (3) as otherwise provided by law. new text end 9.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 9.2    Sec. 10. new text begin [144.192] TREATMENT OF BIOLOGICAL SPECIMENS AND new text end 9.3 new text begin HEALTH DATA HELD BY THE DEPARTMENT OF HEALTH AND HEALTH new text end 9.4 new text begin BOARDS. new text end 9.5     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin (a) For purposes of this section, the following terms new text end 9.6 new text begin have the meanings given. new text end 9.7 new text begin (b) "Biological specimen" means tissue, fluids, excretions, or secretions that contain new text end 9.8 new text begin human DNA originating from an identifiable individual, either living or deceased. new text end 9.9 new text begin Biological specimen does not include infectious agents or chemicals that are isolated from a new text end 9.10 new text begin specimen. Nothing in this section or section 13.386 is intended to limit the commissioner's new text end 9.11 new text begin ability to collect, use, store, or disseminate such isolated infectious agents or chemicals. new text end 9.12 new text begin (c) "Health data" has the meaning given in section 13.3805, subdivision 1, paragraph new text end 9.13 new text begin (a), clause (2). new text end 9.14 new text begin (d) "Health oversight" means oversight of the health care system for activities new text end 9.15 new text begin authorized by law, limited to the following: new text end 9.16 new text begin (1) audits; new text end 9.17 new text begin (2) civil, administrative, or criminal investigations; new text end 9.18 new text begin (3) inspections; new text end 9.19 new text begin (4) licensure or disciplinary actions; new text end 9.20 new text begin (5) civil, administrative, or criminal proceedings or actions; and new text end 9.21 new text begin (6) other activities necessary for appropriate oversight of the health care system and new text end 9.22 new text begin persons subject to such governmental regulatory programs for which biological specimens new text end 9.23 new text begin or health data are necessary for determining compliance with program standards. new text end 9.24 new text begin (e) "Individual" has the meaning given in section 13.02, subdivision 8. In addition, new text end 9.25 new text begin for a deceased individual, individual also means the representative of the decedent. new text end 9.26 new text begin (f) "Person" has the meaning given in section 13.02, subdivision 10. new text end 9.27 new text begin (g) "Program operations" means actions, testing, and procedures directly related to new text end 9.28 new text begin the operation of department programs, limited to the following: new text end 9.29 new text begin (1) diagnostic and confirmatory testing; new text end 9.30 new text begin (2) laboratory quality control assurance and improvement; new text end 9.31 new text begin (3) calibration of equipment; new text end 9.32 new text begin (4) evaluation and improvement of test accuracy; new text end 9.33 new text begin (5) method development and validation; new text end 9.34 new text begin (6) compliance with regulatory requirements; and new text end 10.1 new text begin (7) continuity of operations to ensure that testing continues in the event of an new text end 10.2 new text begin emergency. new text end 10.3 new text begin (h) "Public health practice" means actions related to disease, conditions, injuries, new text end 10.4 new text begin risk factors, or exposures taken to protect public health, limited to the following: new text end 10.5 new text begin (1) monitoring the health status of a population; new text end 10.6 new text begin (2) investigating occurrences and outbreaks; new text end 10.7 new text begin (3) comparing patterns and trends; new text end 10.8 new text begin (4) implementing prevention and control measures; new text end 10.9 new text begin (5) conducting program evaluations and making program improvements; new text end 10.10 new text begin (6) making recommendations concerning health for a population; new text end 10.11 new text begin (7) preventing or controlling known or suspected diseases and injuries; and new text end 10.12 new text begin (8) conducting other activities necessary to protect or improve the health of new text end 10.13 new text begin individuals and populations for which biological specimens or health data are necessary. new text end 10.14 new text begin (i) "Representative of the decedent" has the meaning given in section 13.10, new text end 10.15 new text begin subdivision 1, paragraph (c). new text end 10.16 new text begin (j) "Research" means activities that are not program operations, public health new text end 10.17 new text begin practice, or health oversight, and is otherwise defined in Code of Federal Regulations, title new text end 10.18 new text begin 45, part 46, subpart A, section 46.102(d). new text end 10.19     new text begin Subd. 2. new text end new text begin Collection, use, storage, and dissemination. new text end new text begin (a) The commissioner may new text end 10.20 new text begin collect, use, store, and disseminate biological specimens and health data, genetic or other, new text end 10.21 new text begin as provided in this section and as authorized under any other provision of applicable law, new text end 10.22 new text begin including any rules adopted on or before June 30, 2013. Any rules adopted after June 30, new text end 10.23 new text begin 2013, must be consistent with the requirements of this section. new text end 10.24 new text begin (b) The provisions in this section supplement other provisions of law and do not new text end 10.25 new text begin supersede or repeal other provisions of law applying to the collection, use, storage, or new text end 10.26 new text begin dissemination of biological specimens or health data. new text end 10.27 new text begin (c) For purposes of this section, genetic information is limited to biological new text end 10.28 new text begin specimens and health data. new text end 10.29     new text begin Subd. 3. new text end new text begin Biological specimens and health data for program operations, public new text end 10.30 new text begin health practice, and health oversight. new text end new text begin (a) The commissioner may collect, use, store, and new text end 10.31 new text begin disseminate biological specimens and health data to conduct program operations activities, new text end 10.32 new text begin public health practice activities, and health oversight activities. Unless required under new text end 10.33 new text begin other applicable law, consent of an individual is not required under this subdivision. new text end 10.34 new text begin (b) With the approval of the commissioner, biological specimens may be new text end 10.35 new text begin disseminated to establish a diagnosis, to provide treatment, to identify persons at risk of new text end 11.1 new text begin illness, to conduct an epidemiologic investigation to control or prevent the spread of new text end 11.2 new text begin serious disease, or to diminish an imminent threat to the public health. new text end 11.3 new text begin (c) For purposes of Clinical Laboratory Improvement Amendments proficiency new text end 11.4 new text begin testing, the commissioner may disseminate de-identified biological specimens to state new text end 11.5 new text begin public health laboratories that agree, pursuant to contract, not to attempt to re-identify new text end 11.6 new text begin the biological specimens. new text end 11.7 new text begin (d) Health data may be disseminated as provided in section 13.3805, subdivision 1, new text end 11.8 new text begin paragraph (b). new text end 11.9     new text begin Subd. 4. new text end new text begin Research. new text end new text begin The commissioner may collect, use, store, and disseminate new text end 11.10 new text begin biological specimens and health data to conduct research in a manner that is consistent new text end 11.11 new text begin with the federal common rule for the protection of human subjects in Code of Federal new text end 11.12 new text begin Regulations, title 45, part 46. new text end 11.13     new text begin Subd. 5. new text end new text begin Storage of biological specimens and health data according to storage new text end 11.14 new text begin schedules. new text end new text begin (a) The commissioner shall store health data according to section 138.17. new text end 11.15 new text begin (b) The commissioner shall store biological specimens according to a specimen new text end 11.16 new text begin storage schedule. The commissioner shall develop the storage schedule by July 1, 2013, new text end 11.17 new text begin and post it on the department's Web site. new text end 11.18     new text begin Subd. 6. new text end new text begin Secure storage of biological specimens. new text end new text begin The commissioner shall establish new text end 11.19 new text begin appropriate security safeguards for the storage of biological specimens, with regard for new text end 11.20 new text begin the privacy of the individuals from whom the biological specimens originated, and store new text end 11.21 new text begin the biological specimens accordingly. When a biological specimen is disposed of, it new text end 11.22 new text begin must be destroyed in a way that prevents determining the identity of the individual from new text end 11.23 new text begin whom it originated. new text end 11.24     new text begin Subd. 7. new text end new text begin Applicability to health boards. new text end new text begin The provisions of subdivisions 2; 3, new text end 11.25 new text begin paragraphs (a), (c), and (d); and 4 to 6 pertaining to the commissioner also apply to boards new text end 11.26 new text begin of health and community health boards organized under chapter 145A. These boards new text end 11.27 new text begin may also disseminate health data pursuant to section 13.3805, subdivision 1, paragraph new text end 11.28 new text begin (b), clause (2). new text end 11.29 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2013. new text end 11.30    Sec. 11. new text begin [144.193] INVENTORY OF BIOLOGICAL AND HEALTH DATA. new text end 11.31 new text begin By February 1, 2014, and annually after that date, the commissioner shall prepare new text end 11.32 new text begin an inventory of biological specimens, registries, and health data and databases collected new text end 11.33 new text begin or maintained by the commissioner. In addition to the inventory, the commissioner new text end 11.34 new text begin shall provide the schedules for storage of health data and biological specimens. The new text end 11.35 new text begin inventories must be listed in reverse chronological order beginning with the year 2012. new text end 12.1 new text begin The commissioner shall make the inventory and schedules available on the department's new text end 12.2 new text begin Web site and submit the inventory and schedules to the chairs and ranking minority new text end 12.3 new text begin members of the committees of the legislature with jurisdiction over health policy and new text end 12.4 new text begin data practices issues. new text end 12.5    Sec. 12. Minnesota Statutes 2012, section 144.966, subdivision 2, is amended to read: 12.6    Subd. 2. Newborn Hearing Screening Advisory Committee. (a) The 12.7commissioner of health shall establish a Newborn Hearing Screening Advisory Committee 12.8to advise and assist the Department of Health and the Department of Education in: 12.9    (1) developing protocols and timelines for screening, rescreening, and diagnostic 12.10audiological assessment and early medical, audiological, and educational intervention 12.11services for children who are deaf or hard-of-hearing; 12.12    (2) designing protocols for tracking children from birth through age three that may 12.13have passed newborn screening but are at risk for delayed or late onset of permanent 12.14hearing loss; 12.15    (3) designing a technical assistance program to support facilities implementing the 12.16screening program and facilities conducting rescreening and diagnostic audiological 12.17assessment; 12.18    (4) designing implementation and evaluation of a system of follow-up and tracking; 12.19and 12.20    (5) evaluating program outcomes to increase effectiveness and efficiency and ensure 12.21culturally appropriate services for children with a confirmed hearing loss and their families. 12.22    (b) The commissioner of health shall appoint at least one member from each of the 12.23following groups with no less than two of the members being deaf or hard-of-hearing: 12.24    (1) a representative from a consumer organization representing culturally deaf 12.25persons; 12.26    (2) a parent with a child with hearing loss representing a parent organization; 12.27    (3) a consumer from an organization representing oral communication options; 12.28    (4) a consumer from an organization representing cued speech communication 12.29options; 12.30    (5) an audiologist who has experience in evaluation and intervention of infants 12.31and young children; 12.32    (6) a speech-language pathologist who has experience in evaluation and intervention 12.33of infants and young children; 12.34    (7) two primary care providers who have experience in the care of infants and young 12.35children, one of which shall be a pediatrician; 13.1    (8) a representative from the early hearing detection intervention teams; 13.2    (9) a representative from the Department of Education resource center for the deaf 13.3and hard-of-hearing or the representative's designee; 13.4    (10) a representative of the Commission of Deaf, DeafBlind and Hard-of-Hearing 13.5Minnesotans; 13.6    (11) a representative from the Department of Human Services Deaf and 13.7Hard-of-Hearing Services Division; 13.8    (12) one or more of the Part C coordinators from the Department of Education, the 13.9Department of Health, or the Department of Human Services or the department's designees; 13.10    (13) the Department of Health early hearing detection and intervention coordinators; 13.11    (14) two birth hospital representatives from one rural and one urban hospital; 13.12    (15) a pediatric geneticist; 13.13    (16) an otolaryngologist; 13.14    (17) a representative from the Newborn Screening Advisory Committee under 13.15this subdivision; and 13.16    (18) a representative of the Department of Education regional low-incidence 13.17facilitators. 13.18The commissioner must complete the appointments required under this subdivision by 13.19September 1, 2007. 13.20    (c) The Department of Health member shall chair the first meeting of the committee. 13.21At the first meeting, the committee shall elect a chair from its membership. The committee 13.22shall meet at the call of the chair, at least four times a year. The committee shall adopt 13.23written bylaws to govern its activities. The Department of Health shall provide technical 13.24and administrative support services as required by the committee. These services shall 13.25include technical support from individuals qualified to administer infant hearing screening, 13.26rescreening, and diagnostic audiological assessments. 13.27    Members of the committee shall receive no compensation for their service, but 13.28shall be reimbursed as provided in section 15.059 for expenses incurred as a result of 13.29their duties as members of the committee. 13.30    (d) This subdivision expires June 30, 2013 new text begin 2019 new text end . 13.31    Sec. 13. Minnesota Statutes 2012, section 144.966, subdivision 3, is amended to read: 13.32    Subd. 3. Early hearing detection and intervention programs. All hospitals 13.33shall establish an early hearing detection and intervention (EHDI) program. Each EHDI 13.34program shall: 14.1    (1) in advance of any hearing screening testing, provide to the newborn's or infant's 14.2parents or parent information concerning the nature of the screening procedure, applicable 14.3costs of the screening procedure, the potential risks and effects of hearing loss, and the 14.4benefits of early detection and intervention; 14.5    (2) comply with parental consent new text begin election as described new text end under section 144.125, 14.6subdivision 3 new text begin 4 new text end ; 14.7    (3) develop policies and procedures for screening and rescreening based on 14.8Department of Health recommendations; 14.9    (4) provide appropriate training and monitoring of individuals responsible for 14.10performing hearing screening tests as recommended by the Department of Health; 14.11    (5) test the newborn's hearing prior to discharge, or, if the newborn is expected to 14.12remain in the hospital for a prolonged period, testing shall be performed prior to three 14.13months of age or when medically feasible; 14.14    (6) develop and implement procedures for documenting the results of all hearing 14.15screening tests; 14.16    (7) inform the newborn's or infant's parents or parent, primary care physician, and 14.17the Department of Health according to recommendations of the Department of Health of 14.18the results of the hearing screening test or rescreening if conducted, or if the newborn or 14.19infant was not successfully tested. The hospital that discharges the newborn or infant to 14.20home is responsible for the screening; and 14.21    (8) collect performance data specified by the Department of Health. 14.22 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2013. new text end 14.23    Sec. 14. Minnesota Statutes 2012, section 144.966, subdivision 4, is amended to read: 14.24    Subd. 4. Notification and information new text begin ; data retention and destruction new text end . (a) 14.25Notification to the parents or parent, primary care provider, and the Department of Health 14.26shall occur prior to discharge or no later than ten days following the date of testing. 14.27Notification shall include information recommended by the Department of Health new text begin and new text end 14.28 new text begin information regarding the right of the parent or legal guardian to discontinue storage of the new text end 14.29 new text begin test results and require destruction under paragraph (d) new text end . 14.30    (b) A physician, nurse, midwife, or other health professional attending a birth outside 14.31a hospital or institution shall provide information, orally and in writing, as established by 14.32the Department of Health, to parents regarding places where the parents may have their 14.33infant's hearing screened and the importance of the screening. 15.1    (c) The professional conducting the diagnostic procedure to confirm the hearing loss 15.2must report the results to the parents, primary care provider, and Department of Health 15.3according to the Department of Health recommendations. 15.4 new text begin (d) The Department of Health may store hearing screening and rescreening test new text end 15.5 new text begin results for a period of time not to exceed 18 years from the infant's date of birth. new text end 15.6 new text begin (e) Notwithstanding paragraph (d), a parent or legal guardian may instruct the new text end 15.7 new text begin Department of Health to discontinue storing hearing screening and rescreening test results new text end 15.8 new text begin by providing a signed and dated form requesting destruction of the test results. The new text end 15.9 new text begin Department of Health shall make necessary forms available on the department's Web site. new text end 15.10 new text begin If a parent or legal guardian instructs the Department of Health to discontinue storing new text end 15.11 new text begin hearing screening and rescreening test results, the Department of Health shall destroy the new text end 15.12 new text begin test results within one month of receipt of the instruction or within 25 months after it new text end 15.13 new text begin received the last test result, whichever is later. new text end 15.14    Sec. 15. Minnesota Statutes 2012, section 144.966, is amended by adding a subdivision 15.15to read: 15.16     new text begin Subd. 8. new text end new text begin Construction. new text end new text begin Notwithstanding anything to the contrary, nothing in this new text end 15.17 new text begin section shall be construed as constituting newborn screening activities conducted under new text end 15.18 new text begin sections 144.125 to 144.128. new text end 15.19 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2013. new text end 15.20    Sec. 16. Minnesota Statutes 2012, section 144.966, is amended by adding a subdivision 15.21to read: 15.22     new text begin Subd. 9. new text end new text begin Data collected. new text end new text begin Data collected by or submitted to the Department of new text end 15.23 new text begin Health pursuant to this section are not subject to section 144.125, subdivisions 6 to 9. new text end 15.24    Sec. 17. Minnesota Statutes 2012, section 171.07, subdivision 1a, is amended to read: 15.25    Subd. 1a. Filing photograph or image; data classification. The department shall 15.26file, or contract to file, all photographs or electronically produced images obtained in the 15.27process of issuing drivers' licenses or Minnesota identification cards. The photographs or 15.28electronically produced images shall be private data pursuant to section 13.02, subdivision 15.2912 . Notwithstanding section 13.04, subdivision 3, the department shall not be required 15.30to provide copies of photographs or electronically produced images to data subjects. 15.31The use of the files is restricted: 15.32    (1) to the issuance and control of drivers' licenses; 16.1    (2) to criminal justice agencies, as defined in section 299C.46, subdivision 2, for the 16.2investigation and prosecution of crimes, service of process, enforcement of no contact 16.3orders, location of missing persons, investigation and preparation of cases for criminal, 16.4juvenile, and traffic court, and supervision of offenders; 16.5    (3) to public defenders, as defined in section 611.272, for the investigation and 16.6preparation of cases for criminal, juvenile, and traffic courts; and 16.7    (4) to child support enforcement purposes under section 256.978. new text begin ; and new text end 16.8 new text begin (5) to a county medical examiner or coroner as required by section 390.005 as new text end 16.9 new text begin necessary to fulfill the duties under sections 390.11 and 390.25. new text end 16.10    Sec. 18. Minnesota Statutes 2012, section 268.19, subdivision 1, is amended to read: 16.11    Subdivision 1. Use of data. (a) Except as provided by this section, data gathered 16.12from any person under the administration of the Minnesota Unemployment Insurance Law 16.13are private data on individuals or nonpublic data not on individuals as defined in section 16.1413.02 , subdivisions 9 and 12, and may not be disclosed except according to a district court 16.15order or section 13.05. A subpoena is not considered a district court order. These data 16.16may be disseminated to and used by the following agencies without the consent of the 16.17subject of the data: 16.18    (1) state and federal agencies specifically authorized access to the data by state 16.19or federal law; 16.20    (2) any agency of any other state or any federal agency charged with the 16.21administration of an unemployment insurance program; 16.22    (3) any agency responsible for the maintenance of a system of public employment 16.23offices for the purpose of assisting individuals in obtaining employment; 16.24    (4) the public authority responsible for child support in Minnesota or any other 16.25state in accordance with section 256.978; 16.26    (5) human rights agencies within Minnesota that have enforcement powers; 16.27    (6) the Department of Revenue to the extent necessary for its duties under Minnesota 16.28laws; 16.29    (7) public and private agencies responsible for administering publicly financed 16.30assistance programs for the purpose of monitoring the eligibility of the program's recipients; 16.31    (8) the Department of Labor and Industry and the Division of Insurance Fraud 16.32Prevention in the Department of Commerce for uses consistent with the administration of 16.33their duties under Minnesota law; 16.34    (9) local and state welfare agencies for monitoring the eligibility of the data subject 16.35for assistance programs, or for any employment or training program administered by those 17.1agencies, whether alone, in combination with another welfare agency, or in conjunction 17.2with the department or to monitor and evaluate the statewide Minnesota family investment 17.3program by providing data on recipients and former recipients of food stamps or food 17.4support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance 17.5under chapter 119B, or medical programs under chapter 256B, 256D, or 256L; 17.6    (10) local and state welfare agencies for the purpose of identifying employment, 17.7wages, and other information to assist in the collection of an overpayment debt in an 17.8assistance program; 17.9    (11) local, state, and federal law enforcement agencies for the purpose of ascertaining 17.10the last known address and employment location of an individual who is the subject of 17.11a criminal investigation; 17.12    (12) the United States Immigration and Customs Enforcement has access to data on 17.13specific individuals and specific employers provided the specific individual or specific 17.14employer is the subject of an investigation by that agency; 17.15    (13) the Department of Health for the purposes of epidemiologic investigations; 17.16    (14) the Department of Corrections for the purpose of new text begin case planning for preprobation new text end 17.17 new text begin and postprobation employment tracking of offenders sentenced to probation and new text end 17.18preconfinement and postconfinement employment tracking of committed offenders for 17.19the purpose of case planning; and 17.20    (15) the state auditor to the extent necessary to conduct audits of job opportunity 17.21building zones as required under section 469.3201. 17.22    (b) Data on individuals and employers that are collected, maintained, or used by 17.23the department in an investigation under section 268.182 are confidential as to data 17.24on individuals and protected nonpublic data not on individuals as defined in section 17.2513.02 , subdivisions 3 and 13, and must not be disclosed except under statute or district 17.26court order or to a party named in a criminal proceeding, administrative or judicial, for 17.27preparation of a defense. 17.28    (c) Data gathered by the department in the administration of the Minnesota 17.29unemployment insurance program must not be made the subject or the basis for any 17.30suit in any civil proceedings, administrative or judicial, unless the action is initiated by 17.31the department. 17.32    Sec. 19. Minnesota Statutes 2012, section 299C.11, subdivision 1, is amended to read: 17.33    Subdivision 1. Identification data other than DNA. (a) Each sheriff and chief of 17.34police shall furnish the bureau, upon such form as the superintendent shall prescribe, with 17.35such finger and thumb prints, photographs, distinctive physical mark identification data, 18.1information on known aliases and street names, and other identification data as may be 18.2requested or required by the superintendent of the bureau, which must be taken under the 18.3provisions of section 299C.10. In addition, sheriffs and chiefs of police shall furnish this 18.4identification data to the bureau for individuals found to have been convicted of a felony, 18.5gross misdemeanor, or targeted misdemeanor, within the ten years immediately preceding 18.6their arrest. When the bureau learns that an individual who is the subject of a background 18.7check has used, or is using, identifying information, including, but not limited to, name 18.8and date of birth, other than those listed on the criminal history, the bureau may add the 18.9new identifying information to the criminal history when supported by fingerprints. 18.10(b) No petition under chapter 609A is required if the person has not been convicted 18.11of any felony or gross misdemeanor, either within or without the state, within the period 18.12of ten years immediately preceding the determination of all pending criminal actions or 18.13proceedings in favor of the arrested person, and either of the following occurred: 18.14(1) all charges were dismissed prior to a determination of probable cause; or 18.15(2) the prosecuting authority declined to file any charges and a grand jury did not 18.16return an indictment. 18.17Where these conditions are met, the bureau or agency shall, upon demand, return to 18.18 new text begin destroy new text end the arrested person new text begin person's new text end finger and thumb prints, photographs, distinctive 18.19physical mark identification data, information on known aliases and street names, and 18.20other identification data, and all copies and duplicates of them. 18.21(c) Except as otherwise provided in paragraph (b), upon the determination of all 18.22pending criminal actions or proceedings in favor of the arrested person, and the granting 18.23of the petition of the arrested person under chapter 609A, the bureau shall seal finger and 18.24thumb prints, photographs, distinctive physical mark identification data, information on 18.25known aliases and street names, and other identification data, and all copies and duplicates 18.26of them if the arrested person has not been convicted of any felony or gross misdemeanor, 18.27either within or without the state, within the period of ten years immediately preceding 18.28such determination. 18.29    Sec. 20. Minnesota Statutes 2012, section 299C.46, subdivision 1, is amended to read: 18.30    Subdivision 1. Establishment; interconnection. The commissioner of public safety 18.31shall establish a criminal justice data communications network which new text begin that new text end will enable the 18.32interconnection of the criminal justice agencies within the state new text begin provide secure access to new text end 18.33 new text begin systems and services available from or through the Bureau of Criminal Apprehension new text end . The 18.34commissioner of public safety is authorized to lease or purchase facilities and equipment 18.35as may be necessary to establish and maintain the data communications network. 19.1    Sec. 21. Minnesota Statutes 2012, section 299C.46, subdivision 2, is amended to read: 19.2    Subd. 2. Criminal justice agency defined. For the purposes of sections 299C.46 19.3to 299C.49, "criminal justice agency" means an agency of the state or an agency of a 19.4political subdivision new text begin or the federal government new text end charged with detection, enforcement, 19.5prosecution, adjudication or incarceration in respect to the criminal or traffic laws of this 19.6state. This definition also includes all sites identified and licensed as a detention facility 19.7by the commissioner of corrections under section 241.021 new text begin and those federal agencies that new text end 19.8 new text begin serve part or all of the state from an office located outside the state new text end . 19.9    Sec. 22. Minnesota Statutes 2012, section 299C.46, subdivision 2a, is amended to read: 19.10    Subd. 2a. Noncriminal justice agency defined. For the purposes of sections 19.11299C.46 to 299C.49, "noncriminal justice agency" means an agency of a new text begin the new text end state or an 19.12agency of a political subdivision of a new text begin the new text end state charged with the responsibility of performing 19.13checks of state databases connected to the criminal justice data communications network. 19.14    Sec. 23. Minnesota Statutes 2012, section 299C.46, subdivision 3, is amended to read: 19.15    Subd. 3. Authorized use, fee. (a) The criminal justice data communications 19.16network shall be used exclusively by: 19.17(1) criminal justice agencies in connection with the performance of duties required 19.18by law; 19.19(2) agencies investigating federal security clearances of individuals for assignment 19.20or retention in federal employment with duties related to national security, as required by 19.21Public Law 99-169 new text begin United States Code, title 5, section 9101 new text end ; 19.22(3) other agencies to the extent necessary to provide for protection of the public or 19.23property in an new text begin a declared new text end emergency or disaster situation; 19.24(4) noncriminal justice agencies statutorily mandated, by state or national law, to 19.25conduct checks into state databases prior to disbursing licenses or providing benefits; 19.26(5) the public authority responsible for child support enforcement in connection 19.27with the performance of its duties; 19.28(6) the public defender, as provided in section 611.272; and 19.29(7) a county attorney or the attorney general, as the county attorney's designee, for 19.30the purpose of determining whether a petition for the civil commitment of a proposed 19.31patient as a sexual psychopathic personality or as a sexually dangerous person should be 19.32filed, and during the pendency of the commitment proceedings. new text begin ; new text end 20.1 new text begin (8) an agency of the state or a political subdivision whose access to systems or new text end 20.2 new text begin services provided from or through the Bureau of Criminal Apprehension is specifically new text end 20.3 new text begin authorized by federal law or regulation or state statute; and new text end 20.4 new text begin (9) a court for access to data as authorized by federal law or regulation or state new text end 20.5 new text begin statute and related to the disposition of a pending case. new text end 20.6(b) The commissioner of public safety shall establish a monthly network access 20.7charge to be paid by each participating criminal justice agency. The network access 20.8charge shall be a standard fee established for each terminal, computer, or other equipment 20.9directly addressable by the data communications network, as follows: January 1, 1984 20.10to December 31, 1984, $40 connect fee per month; January 1, 1985 and thereafter, $50 20.11connect fee per month. 20.12(c) The commissioner of public safety is authorized to arrange for the connection 20.13of the data communications network with the criminal justice information system of 20.14the federal government, any adjacent state, or Canada new text begin country for the secure exchange new text end 20.15 new text begin of information for any of the purposes authorized in paragraph (a), clauses (1), (2), (3), new text end 20.16 new text begin (8), and (9) new text end . 20.17 new text begin (d) Prior to establishing a secure connection, a criminal justice agency must: new text end 20.18 new text begin (1) agree to comply with all applicable policies governing access to, submission of, new text end 20.19 new text begin or use of the data; new text end 20.20 new text begin (2) meet the Bureau of Criminal Apprehension's security requirements; new text end 20.21 new text begin (3) agree to pay any required fees; and new text end 20.22 new text begin (4) conduct fingerprint-based state and national background checks on its employees new text end 20.23 new text begin and contractors as required by the Federal Bureau of Investigation. new text end 20.24 new text begin (e) Prior to establishing a secure connection, a noncriminal justice agency must: new text end 20.25 new text begin (1) agree to comply with all applicable policies governing access to, submission of, new text end 20.26 new text begin or use of the data; new text end 20.27 new text begin (2) meet the Bureau of Criminal Apprehension's security requirements; new text end 20.28 new text begin (3) agree to pay any required fees; and new text end 20.29 new text begin (4) conduct fingerprint-based state and national background checks on its employees new text end 20.30 new text begin and contractors. new text end 20.31 new text begin (f) Those noncriminal justice agencies that do not have a secure network connection new text end 20.32 new text begin yet receive data either retrieved over the secure network by an authorized criminal justice new text end 20.33 new text begin agency or as a result of a state or federal criminal history records check shall conduct a new text end 20.34 new text begin background check as provided in paragraph (g) of those individuals who receive and new text end 20.35 new text begin review the data to determine another individual's eligibility for employment, housing, a new text end 20.36 new text begin license, or another legal right dependent on a statutorily-mandated background check. new text end 21.1 new text begin (g) The background check required by paragraph (e) or (f) is accomplished by new text end 21.2 new text begin submitting a request to the superintendent of the Bureau of Criminal Apprehension new text end 21.3 new text begin that includes a signed, written consent for the Minnesota and national criminal history new text end 21.4 new text begin records check, fingerprints, and the required fee. The superintendent may exchange new text end 21.5 new text begin the fingerprints with the Federal Bureau of Investigation for purposes of obtaining the new text end 21.6 new text begin individual's national criminal history record information. new text end 21.7 new text begin The superintendent shall return the results of the national criminal history records check to new text end 21.8 new text begin the noncriminal justice agency to determine if the individual is qualified to have access to new text end 21.9 new text begin state and federal criminal history record information or the secure network. An individual new text end 21.10 new text begin is disqualified when the state and federal criminal history record information shows any of new text end 21.11 new text begin the disqualifiers that the individual will apply to the records of others. new text end 21.12 new text begin When the individual is to have access to the secure network, the noncriminal justice new text end 21.13 new text begin agency will review the criminal history of each employee or contractor with the Criminal new text end 21.14 new text begin Justice Information Services systems officer at the Bureau of Criminal Apprehension, or new text end 21.15 new text begin the officer's designee, to determine if the employee or contractor qualifies for access to the new text end 21.16 new text begin secure network. The Criminal Justice Information Services systems officer or the designee new text end 21.17 new text begin will make the access determination based on Federal Bureau of Investigation policy and new text end 21.18 new text begin Bureau of Criminal Apprehension policy. new text end 21.19    Sec. 24. new text begin [299C.72] MINNESOTA CRIMINAL HISTORY CHECKS. new text end 21.20     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin For purposes of this section, the following terms have new text end 21.21 new text begin the meanings given. new text end 21.22 new text begin (a) "Applicant for employment" means an individual who seeks either county or city new text end 21.23 new text begin employment or has applied to serve as a volunteer in the county or city. new text end 21.24 new text begin (b) "Applicant for licensure" means an individual who seeks a license issued by the new text end 21.25 new text begin county or city which is not subject to a federal or state-mandated background check. new text end 21.26 new text begin (c) "Authorized law enforcement agency" means the county sheriff for checks new text end 21.27 new text begin conducted for county purposes, the police department for checks conducted for city new text end 21.28 new text begin purposes, or the county sheriff for checks conducted for city purposes where there is no new text end 21.29 new text begin police department. new text end 21.30 new text begin (d) "Criminal history check" means retrieval of criminal history data via the secure new text end 21.31 new text begin network described in section 299C.46. new text end 21.32 new text begin (e) "Criminal history data" means adult convictions and adult open arrests less than new text end 21.33 new text begin one year old found in the Minnesota computerized criminal history repository. new text end 21.34 new text begin (f) "Informed consent" has the meaning given in section 13.05, subdivision 4, new text end 21.35 new text begin paragraph (d). new text end 22.1     new text begin Subd. 2. new text end new text begin Criminal history check authorized. new text end new text begin (a) The criminal history check new text end 22.2 new text begin authorized by this section cannot be used in place of a statutorily-mandated or authorized new text end 22.3 new text begin background check. new text end 22.4 new text begin (b) An authorized law enforcement agency may conduct a criminal history check new text end 22.5 new text begin of an individual who is an applicant for employment or applicant for licensure. Prior new text end 22.6 new text begin to conducting the criminal history check, the authorized law enforcement agency must new text end 22.7 new text begin receive the informed consent of the individual. new text end 22.8 new text begin (c) The authorized law enforcement agency cannot disseminate criminal history new text end 22.9 new text begin data and must maintain the data securely with the agency's office. The authorized law new text end 22.10 new text begin enforcement agency can indicate whether the applicant for employment or applicant for new text end 22.11 new text begin licensure has a criminal history that would prevent hire or acceptance as a volunteer new text end 22.12 new text begin to a hiring authority, or would prevent the issuance of a license to the department that new text end 22.13 new text begin issues the license. new text end 22.14    Sec. 25. Minnesota Statutes 2012, section 299F.035, subdivision 1, is amended to read: 22.15    Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this 22.16section. 22.17(b) " new text begin Minnesota new text end criminal history data" has the meaning given in section new text begin means new text end 22.18 new text begin adult convictions and juvenile adjudications new text end . 22.19(c) "Criminal justice agency" has the meaning given in section 299C.46, subdivision 22.202 . 22.21(d) "Fire department" has the meaning given in section 299N.01, subdivision 2. 22.22(e) new text begin (d) new text end "Private data" has the meaning given in section 13.02, subdivision 12. 22.23    Sec. 26. Minnesota Statutes 2012, section 299F.035, subdivision 2, is amended to read: 22.24    Subd. 2. Plan for access to data. (a) The superintendent of the Bureau of Criminal 22.25Apprehension, in consultation with the state fire marshal, shall develop and implement 22.26a plan for fire departments to have access to criminal history data new text begin A background check new text end 22.27 new text begin must be conducted on all applicants for employment and may be conducted on current new text end 22.28 new text begin employees at a fire department. The fire chief must conduct a Minnesota criminal history new text end 22.29 new text begin record check. For applicants for employment who have lived in Minnesota for less than new text end 22.30 new text begin five years, or on the request of the fire chief, a national criminal history record check new text end 22.31 new text begin must also be conducted new text end . 22.32(b) The plan must include: 22.33(1) security procedures to prevent unauthorized use or disclosure of private data; and 23.1(2) a procedure for the hiring or employing authority in each fire department to 23.2fingerprint job applicants or employees, submit requests to the Bureau of Criminal 23.3Apprehension, and obtain state and federal criminal history data reports for a nominal fee. 23.4 new text begin (b) For a Minnesota criminal history record check, the fire chief must either (i) new text end 23.5 new text begin submit the signed informed consent of the applicant or employee and the required fee to new text end 23.6 new text begin the superintendent, or (ii) submit the signed informed consent to the chief of police. The new text end 23.7 new text begin superintendent or chief must retrieve Minnesota criminal history data and provide the new text end 23.8 new text begin data to the fire chief for review. new text end 23.9 new text begin (c) For a national criminal history record check, the fire chief must submit the new text end 23.10 new text begin signed informed consent and fingerprints of the applicant or employee, and the required new text end 23.11 new text begin fee, to the superintendent. The superintendent may exchange the fingerprints with the new text end 23.12 new text begin Federal Bureau of Investigation to obtain the individual's national criminal history record new text end 23.13 new text begin information. The superintendent must return the results of the national criminal history new text end 23.14 new text begin record check to the fire chief for the purpose of determining if the applicant is qualified to new text end 23.15 new text begin be employed or if a current employee is able to retain the employee's position. new text end 23.16    Sec. 27. Minnesota Statutes 2012, section 299F.77, is amended to read: 23.17299F.77 ISSUANCE TO CERTAIN PERSONS PROHIBITED. 23.18     new text begin Subdivision 1. new text end new text begin Disqualifiers. new text end The following persons shall not be entitled to receive 23.19an explosives license or permit: 23.20(1) a person under the age of 18 years; 23.21(2) a person who has been convicted in this state or elsewhere of a crime of violence, 23.22as defined in section 299F.72, subdivision 1b, unless ten years have elapsed since the 23.23person's civil rights have been restored or the sentence has expired, whichever occurs first, 23.24and during that time the person has not been convicted of any other crime of violence. For 23.25purposes of this section, crime of violence includes crimes in other states or jurisdictions 23.26that would have been crimes of violence if they had been committed in this state; 23.27(3) a person who is or has ever been confined or committed in Minnesota or 23.28elsewhere as a person who is mentally ill, developmentally disabled, or mentally ill and 23.29dangerous to the public, as defined in section 253B.02, to a treatment facility, unless the 23.30person possesses a certificate of a medical doctor or psychiatrist licensed in Minnesota, or 23.31other satisfactory proof, that the person is no longer suffering from this disability; 23.32(4) a person who has been convicted in Minnesota or elsewhere for the unlawful 23.33use, possession, or sale of a controlled substance other than conviction for possession of 23.34a small amount of marijuana, as defined in section 152.01, subdivision 16, or who is or 23.35has ever been hospitalized or committed for treatment for the habitual use of a controlled 24.1substance or marijuana, as defined in sections 152.01 and 152.02, unless the person 24.2possesses a certificate of a medical doctor or psychiatrist licensed in Minnesota, or other 24.3satisfactory proof, that the person has not abused a controlled substance or marijuana 24.4during the previous two years; and 24.5(5) a person who has been confined or committed to a treatment facility in Minnesota 24.6or elsewhere as chemically dependent, as defined in section 253B.02, unless the person 24.7has completed treatment. 24.8     new text begin Subd. 2. new text end new text begin Background check. new text end new text begin (a) For licenses issued by the commissioner under new text end 24.9 new text begin section 299F.73, the applicant for licensure must provide the commissioner with all new text end 24.10 new text begin of the information required by Code of Federal Regulations, title 28, section 25.7. new text end 24.11 new text begin The commissioner will forward the information to the superintendent of the Bureau of new text end 24.12 new text begin Criminal Apprehension so that criminal records, histories, and warrant information on the new text end 24.13 new text begin applicant can be retrieved from the Minnesota Crime Information System and the National new text end 24.14 new text begin Instant Criminal Background Check System, as well as the civil commitment records new text end 24.15 new text begin maintained by the Department of Human Services. The results must be returned to the new text end 24.16 new text begin commissioner to determine if the individual applicant is qualified to receive a license. new text end 24.17 new text begin (b) For permits issued by a county sheriff or chief of police under section 299F.75, new text end 24.18 new text begin the applicant for a permit must provide the county sheriff or chief of police with all of new text end 24.19 new text begin the information required by Code of Federal Regulations, title 28, section 25.7. The new text end 24.20 new text begin county sheriff or chief of police must check, by means of electronic data transfer, criminal new text end 24.21 new text begin records, histories, and warrant information on each applicant through the Minnesota Crime new text end 24.22 new text begin Information System and the National Instant Criminal Background Check System, as new text end 24.23 new text begin well as the civil commitment records maintained by the Department of Human Services. new text end 24.24 new text begin The county sheriff or police chief shall use the results of the query to determine if the new text end 24.25 new text begin individual applicant is qualified to receive a permit. new text end 24.26    Sec. 28. Minnesota Statutes 2012, section 340A.301, subdivision 2, is amended to read: 24.27    Subd. 2. Persons eligible. new text begin (a) new text end Licenses under this section may be issued only to 24.28a person who: 24.29(1) is of good moral character and repute; 24.30(2) is 21 years of age or older; 24.31(3) has not had a license issued under this chapter revoked within five years of the 24.32date of license application, or to any person who at the time of the violation owns any 24.33interest, whether as a holder of more than five percent of the capital stock of a corporation 24.34licensee, as a partner or otherwise, in the premises or in the business conducted thereon, 25.1or to a corporation, partnership, association, enterprise, business, or firm in which any 25.2such person is in any manner interested; and 25.3(4) has not been convicted within five years of the date of license application of a 25.4felony, or of a willful violation of a federal or state law, or local ordinance governing 25.5the manufacture, sale, distribution, or possession for sale or distribution of alcoholic 25.6beverages. The Alcohol and Gambling Enforcement Division may require that fingerprints 25.7be taken and may forward the fingerprints to the Federal Bureau of Investigation for 25.8purposes of a criminal history check. 25.9 new text begin (b) In order to determine if an individual has a felony or willful violation of federal new text end 25.10 new text begin or state law governing the manufacture, sale, distribution, or possession for sale or new text end 25.11 new text begin distribution of an alcoholic beverage, the applicant for a license to manufacture or sell at new text end 25.12 new text begin wholesale must provide the commissioner with the applicant's signed, written informed new text end 25.13 new text begin consent to conduct a background check. The commissioner may query the Minnesota new text end 25.14 new text begin criminal history repository for records on the applicant. If the commissioner conducts a new text end 25.15 new text begin national criminal history record check, the commissioner must obtain fingerprints from new text end 25.16 new text begin the applicant and forward them and the required fee to the superintendent of the Bureau new text end 25.17 new text begin of Criminal Apprehension. The superintendent may exchange the fingerprints with the new text end 25.18 new text begin Federal Bureau of Investigation for purposes of obtaining the applicant's national criminal new text end 25.19 new text begin history record information. The superintendent shall return the results of the national new text end 25.20 new text begin criminal history records check to the commissioner for the purpose of determining if the new text end 25.21 new text begin applicant is qualified to receive a license. new text end 25.22    Sec. 29. Minnesota Statutes 2012, section 340A.402, is amended to read: 25.23340A.402 PERSONS ELIGIBLE. 25.24     new text begin Subdivision 1. new text end new text begin Disqualifiers. new text end No retail license may be issued to: 25.25(1) a person under 21 years of age; 25.26(2) a person who has had an intoxicating liquor or 3.2 percent malt liquor license 25.27revoked within five years of the license application, or to any person who at the time of 25.28the violation owns any interest, whether as a holder of more than five percent of the capital 25.29stock of a corporation licensee, as a partner or otherwise, in the premises or in the business 25.30conducted thereon, or to a corporation, partnership, association, enterprise, business, or 25.31firm in which any such person is in any manner interested; 25.32(3) a person not of good moral character and repute; or 25.33(4) a person who has a direct or indirect interest in a manufacturer, brewer, or 25.34wholesaler. 26.1In addition, no new retail license may be issued to, and the governing body of a 26.2municipality may refuse to renew the license of, a person who, within five years of the 26.3license application, has been convicted of a felony or a willful violation of a federal or 26.4state law or local ordinance governing the manufacture, sale, distribution, or possession 26.5for sale or distribution of an alcoholic beverage. The Alcohol and Gambling Enforcement 26.6Division or licensing authority may require that fingerprints be taken and forwarded to the 26.7Federal Bureau of Investigation for purposes of a criminal history check. 26.8     new text begin Subd. 2. new text end new text begin Background check. new text end new text begin (a) A retail liquor license may be issued by a city, new text end 26.9 new text begin a county, or the commissioner. The chief of police is responsible for the background new text end 26.10 new text begin checks prior to a city issuing a retail liquor license. A county sheriff is responsible for the new text end 26.11 new text begin background checks prior to the county issuing a retail liquor license and for those cities new text end 26.12 new text begin that do not have a police department. The commissioner is responsible for the background new text end 26.13 new text begin checks prior to the state issuing a retail liquor license. new text end 26.14 new text begin (b) The applicant for a retail license must provide the appropriate authority with new text end 26.15 new text begin the applicant's signed, written informed consent to conduct a background check. The new text end 26.16 new text begin appropriate authority is authorized to query the Minnesota criminal history repository for new text end 26.17 new text begin records on the applicant. If the appropriate authority conducts a national criminal history new text end 26.18 new text begin records check, the appropriate authority must obtain fingerprints from the applicant new text end 26.19 new text begin and forward the fingerprints and the required fee to the superintendent of the Bureau new text end 26.20 new text begin of Criminal Apprehension. The superintendent may exchange the fingerprints with the new text end 26.21 new text begin Federal Bureau of Investigation for purposes of obtaining the applicant's national criminal new text end 26.22 new text begin history record information. The superintendent shall return the results of the national new text end 26.23 new text begin criminal history records check to the appropriate authority for the purpose of determining new text end 26.24 new text begin if the applicant is qualified to receive a license. new text end 26.25    Sec. 30. Minnesota Statutes 2012, section 611A.203, subdivision 4, is amended to read: 26.26    Subd. 4. Duties; access to data. (a) The domestic fatality review team shall collect, 26.27review, and analyze death certificates and death data, including investigative reports, 26.28medical and counseling records, victim service records, employment records, child abuse 26.29reports, or other information concerning domestic violence deaths, survivor interviews 26.30and surveys, and other information deemed by the team as necessary and appropriate 26.31concerning the causes and manner of domestic violence deaths. 26.32    (b) The review team has access to the following not public data, as defined in 26.33section 13.02, subdivision 8a, relating to a case being reviewed by the team: inactive 26.34law enforcement investigative data under section 13.82; autopsy records and coroner or 26.35medical examiner investigative data under section 13.83; hospital, public health, or other 27.1medical records of the victim under section 13.384; records under section 13.46, created 27.2by social service agencies that provided services to the victim, the alleged perpetrator, or 27.3another victim who experienced or was threatened with domestic abuse by the perpetrator; 27.4and child maltreatment records under section 626.556, relating to the victim or a family or 27.5household member of the victim. Access to medical records under this paragraph also 27.6includes records governed by sections 144.291 to 144.298. new text begin The review team has access to new text end 27.7 new text begin corrections and detention data as provided in section 13.85. new text end 27.8    (c) As part of any review, the domestic fatality review team may compel the 27.9production of other records by applying to the district court for a subpoena, which will be 27.10effective throughout the state according to the Rules of Civil Procedure. 27.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 27.12    Sec. 31. new text begin REPEALER. new text end 27.13 new text begin Minnesota Statutes 2012, section 299A.28, new text end new text begin is repealed. new text end