1.1 	A bill for an act
1.2 	relating to government data; making technical,
1.3 	conforming, and clarifying changes to the Minnesota
1.4 	Government Data Practices Act; defining terms;
1.5 	modifying certain civil penalty and damages amounts;
1.6 	classifying, regulating, and reviewing access to and
1.7 	dissemination of certain data; providing notice of
1.8 	breaches in security; regulating certain fees;
1.9 	providing for the conduct of certain board and council
1.10 	meetings; modifying provisions regulating motor
1.11 	vehicle and driver applications and records; modifying
1.12 	vehicle accident reports and procedures; providing for
1.13 	treatment of data held by the comprehensive
1.14 	incident-based reporting system; amending Minnesota
1.15 	Statutes 2004, sections 11A.24, subdivision 6; 13.01,
1.16 	subdivisions 1, 3; 13.02, subdivision 7; 13.03,
1.17 	subdivisions 1, 2, 3, 4, 5, 6, 8; 13.04, subdivisions
1.18 	2, 4; 13.05, subdivisions 1, 4, 6, 7, 8, 9; 13.06,
1.19 	subdivisions 1, 2, 3, 4; 13.07; 13.072, subdivision 4;
1.20 	13.073, subdivision 3; 13.08, subdivisions 1, 2, 4, 5;
1.21 	13.32, by adding a subdivision; 13.37, subdivisions 1,
1.22 	2, 3; 13.3805, by adding a subdivision; 13.43,
1.23 	subdivisions 1, 2, 3; 13.46, subdivision 4; 13.591, by
1.24 	adding subdivisions; 13.601, by adding a subdivision;
1.25 	13.635, by adding a subdivision; 13.72, by adding
1.26 	subdivisions; 13.82, subdivisions 1, 16; 16C.06,
1.27 	subdivision 5; 116J.68, by adding a subdivision;
1.28 	116L.03, by adding a subdivision; 116L.665, by adding
1.29 	a subdivision; 116M.15, by adding a subdivision;
1.30 	116U.25; 168.346; 168A.04, by adding a subdivision;
1.31 	169.09, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 11,
1.32 	12, 14, 15, by adding subdivisions; 171.07,
1.33 	subdivisions 1, 3; 171.12, subdivision 7; proposing
1.34 	coding for new law in Minnesota Statutes, chapters 13;
1.35 	41A; 299C; repealing Minnesota Statutes 2004, sections
1.36 	13.04, subdivision 5; 169.09, subdivision 10; 170.55.
1.37 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.38 	Section 1. Minnesota Statutes 2004, section 11A.24,
1.39 	subdivision 6, is amended to read:
1.40 		Subd. 6.Other investments.  (a) In addition to the
1.41 	investments authorized in subdivisions 1 to 5, and subject to
2.1 	the provisions in paragraph (b), the state board may invest
2.2 	funds in:
2.3 	(1) venture capital investment businesses through
2.4 	participation in limited partnerships, trusts, private
2.5 	placements, limited liability corporations, limited liability
2.6 	companies, limited liability partnerships, and corporations;
2.7 	(2) real estate ownership interests or loans secured by
2.8 	mortgages or deeds of trust or shares of real estate investment
2.9 	trusts through investment in limited partnerships, bank
2.10 	sponsored collective funds, trusts, mortgage participation
2.11 	agreements, and insurance company commingled accounts, including
2.12 	separate accounts;
2.13 	(3) regional and mutual funds through bank sponsored
2.14 	collective funds and open-end investment companies registered
2.15 	under the Federal Investment Company Act of 1940, and closed-end
2.16 	mutual funds listed on an exchange regulated by a governmental
2.17 	agency;
2.18 	(4) resource investments through limited partnerships,
2.19 	trusts, private placements, limited liability corporations,
2.20 	limited liability companies, limited liability partnerships, and
2.21 	corporations; and
2.22 	(5) international securities.
2.23 	(b) The investments authorized in paragraph (a) must
2.24 	conform to the following provisions:
2.25 	(1) the aggregate value of all investments made according
2.26 	to paragraph (a), clauses (1) to (4), may not exceed 35 percent
2.27 	of the market value of the fund for which the state board is
2.28 	investing;
2.29 	(2) there must be at least four unrelated owners of the
2.30 	investment other than the state board for investments made under
2.31 	paragraph (a), clause (1), (2), (3), or (4);
2.32 	(3) state board participation in an investment vehicle is
2.33 	limited to 20 percent thereof for investments made under
2.34 	paragraph (a), clause (1), (2), (3), or (4); and
2.35 	(4) state board participation in a limited partnership does
2.36 	not include a general partnership interest or other interest
3.1 	involving general liability.  The state board may not engage in
3.2 	any activity as a limited partner which creates general
3.3 	liability.
3.4 	(c) All financial or proprietary data received, prepared,
3.5 	used, or retained by the state board in connection with
3.6 	investments authorized by paragraph (a), clause (1), (2), or
3.7 	(4), are nonpublic data under section 13.02, subdivision 9.  As
3.8 	used in this paragraph, "financial or proprietary data" means
3.9 	information, as determined by the executive director, that is of
3.10 	a financial or proprietary nature; and the release of which
3.11 	could cause competitive harm to the state board, the legal
3.12 	entity in which the state board has invested or has considered
3.13 	an investment, the managing entity of an investment, or a
3.14 	portfolio company in which the legal entity holds an interest.
3.15 	Regardless of whether they could be considered financial or
3.16 	proprietary data, the following data received, prepared, used,
3.17 	or retained by the state board in connection with investments
3.18 	authorized by paragraph (a), clause (1), (2), or (4), are public
3.19 	at all times:
3.20 	(1) the name and industry group classification of the legal
3.21 	entity in which the state board has invested or in which the
3.22 	state board has considered an investment;
3.23 	(2) the state board commitment amount, if any;
3.24 	(3) the funded amount of the state board's commitment to
3.25 	date, if any;
3.26 	(4) the market value of the investment by the state board;
3.27 	(5) the state board's internal rate of return for the
3.28 	investment, including expenditures and receipts used in the
3.29 	calculation of the investment's internal rate of return; and 
3.30 	(6) the age of the investment in years.
3.31 	
EFFECTIVE DATE. This section is effective the day
3.32 	following final enactment.

3.33 	Sec. 2. Minnesota Statutes 2004, section 13.01,
3.34 	subdivision 1, is amended to read:
3.35 		Subdivision 1.Applicability.  All state agencies,
3.36 	political subdivisions and statewide systems government entities 
4.1 	shall be governed by this chapter.

4.2 	Sec. 3. Minnesota Statutes 2004, section 13.01,
4.3 	subdivision 3, is amended to read:
4.4 		Subd. 3.Scope.  This chapter regulates the collection,
4.5 	creation, storage, maintenance, dissemination, and access to
4.6 	government data in state agencies, statewide systems, and
4.7 	political subdivisions government entities.  It establishes a
4.8 	presumption that government data are public and are accessible
4.9 	by the public for both inspection and copying unless there is
4.10 	federal law, a state statute, or a temporary classification of
4.11 	data that provides that certain data are not public.

4.12 	Sec. 4. Minnesota Statutes 2004, section 13.02,
4.13 	subdivision 7, is amended to read:
4.14 		Subd. 7.Government data.  "Government data" means all
4.15 	data collected, created, received, maintained or disseminated by
4.16 	any state agency, political subdivision, or statewide
4.17 	system government entity regardless of its physical form,
4.18 	storage media or conditions of use.

4.19 	Sec. 5. Minnesota Statutes 2004, section 13.03,
4.20 	subdivision 1, is amended to read:
4.21 		Subdivision 1.Public data.  All government data
4.22 	collected, created, received, maintained or disseminated by a
4.23 	state agency, political subdivision, or statewide
4.24 	system government entity shall be public unless classified by
4.25 	statute, or temporary classification pursuant to section 13.06,
4.26 	or federal law, as nonpublic or protected nonpublic, or with
4.27 	respect to data on individuals, as private or confidential. The
4.28 	responsible authority in every state agency, political
4.29 	subdivision and statewide system government entity shall keep
4.30 	records containing government data in such an arrangement and
4.31 	condition as to make them easily accessible for convenient use.
4.32 	Photographic, photostatic, microphotographic, or microfilmed
4.33 	records shall be considered as accessible for convenient use
4.34 	regardless of the size of such records.

4.35 	Sec. 6. Minnesota Statutes 2004, section 13.03,
4.36 	subdivision 2, is amended to read:
5.1 		Subd. 2.Procedures.  (a) The responsible authority in
5.2 	every state agency, political subdivision, and statewide
5.3 	system government entity shall establish procedures, consistent
5.4 	with this chapter, to insure that requests for government data
5.5 	are received and complied with in an appropriate and prompt
5.6 	manner.
5.7 	(b) The responsible authority shall prepare public access
5.8 	procedures in written form and update them no later than August
5.9 	1 of each year as necessary to reflect any changes in personnel
5.10 	or circumstances that might affect public access to government
5.11 	data.  The responsible authority shall make copies of the
5.12 	written public access procedures easily available to the public
5.13 	by distributing free copies of the procedures to the public or
5.14 	by posting a copy of the procedures in a conspicuous place
5.15 	within the government entity that is easily accessible to the
5.16 	public.
5.17 	(c) Full convenience and comprehensive accessibility shall
5.18 	be allowed to researchers including historians, genealogists and
5.19 	other scholars to carry out extensive research and complete
5.20 	copying of all records containing government data except as
5.21 	otherwise expressly provided by law.
5.22 	A responsible authority may designate one or more designees.

5.23 	Sec. 7. Minnesota Statutes 2004, section 13.03,
5.24 	subdivision 3, is amended to read:
5.25 		Subd. 3.Request for access to data.  (a) Upon request to
5.26 	a responsible authority or designee, a person shall be permitted
5.27 	to inspect and copy public government data at reasonable times
5.28 	and places, and, upon request, shall be informed of the data's
5.29 	meaning.  If a person requests access for the purpose of
5.30 	inspection, the responsible authority may not assess a charge or
5.31 	require the requesting person to pay a fee to inspect data.
5.32 	(b) For purposes of this section, "inspection" includes,
5.33 	but is not limited to, the visual inspection of paper and
5.34 	similar types of government data.  Inspection does not include
5.35 	printing copies by the government entity, unless printing a copy
5.36 	is the only method to provide for inspection of the data.  In
6.1 	the case of data stored in electronic form and made available in
6.2 	electronic form on a remote access basis to the public by the
6.3 	government entity, inspection includes remote access to the data
6.4 	by the public and the ability to print copies of or download the
6.5 	data on the public's own computer equipment.  Nothing in this
6.6 	section prohibits a government entity from charging a reasonable
6.7 	fee for remote access to data under a specific statutory grant
6.8 	of authority.  A government entity may charge a fee for remote
6.9 	access to data where either the data or the access is enhanced
6.10 	at the request of the person seeking access.
6.11 	(c) The responsible authority or designee shall provide
6.12 	copies of public data upon request.  If a person requests copies
6.13 	or electronic transmittal of the data to the person, the
6.14 	responsible authority may require the requesting person to pay
6.15 	the actual costs of searching for and retrieving government
6.16 	data, including the cost of employee time, and for making,
6.17 	certifying, compiling, and electronically transmitting the
6.18 	copies of the data or the data, but may not charge for
6.19 	separating public from not public data. However, if copies of
6.20 	100 or fewer black and white, letter- or legal-size pages are
6.21 	requested, actual costs shall not be used, and instead the
6.22 	responsible authority may charge no more than 25 cents for each
6.23 	page copied.If the responsible authority or designee is not
6.24 	able to provide copies at the time a request is made, copies
6.25 	shall be supplied as soon as reasonably possible.
6.26 	(d) When a request under this subdivision involves any
6.27 	person's receipt of copies of public government data that has
6.28 	commercial value and is a substantial and discrete portion of or
6.29 	an entire formula, pattern, compilation, program, device,
6.30 	method, technique, process, database, or system developed with a
6.31 	significant expenditure of public funds by the agency government
6.32 	entity, the responsible authority may charge a reasonable fee
6.33 	for the information in addition to the costs of making,
6.34 	certifying, and compiling the copies.  Any fee charged must be
6.35 	clearly demonstrated by the agency government entity to relate
6.36 	to the actual development costs of the information.  The
7.1 	responsible authority, upon the request of any person, shall
7.2 	provide sufficient documentation to explain and justify the fee
7.3 	being charged.
7.4 	(e) The responsible authority of a state agency, statewide
7.5 	system, or political subdivision government entity that
7.6 	maintains public government data in a computer storage medium
7.7 	shall provide to any person making a request under this section
7.8 	a copy of any public data contained in that medium, in
7.9 	electronic form, if the government entity can reasonably make
7.10 	the copy or have a copy made.  This does not require a
7.11 	government entity to provide the data in an electronic format or
7.12 	program that is different from the format or program in which
7.13 	the data are maintained by the government entity.  The entity
7.14 	may require the requesting person to pay the actual cost of
7.15 	providing the copy.
7.16 	(f) If the responsible authority or designee determines
7.17 	that the requested data is classified so as to deny the
7.18 	requesting person access, the responsible authority or designee
7.19 	shall inform the requesting person of the determination either
7.20 	orally at the time of the request, or in writing as soon after
7.21 	that time as possible, and shall cite the specific statutory
7.22 	section, temporary classification, or specific provision of
7.23 	federal law on which the determination is based.  Upon the
7.24 	request of any person denied access to data, the responsible
7.25 	authority or designee shall certify in writing that the request
7.26 	has been denied and cite the specific statutory section,
7.27 	temporary classification, or specific provision of federal law
7.28 	upon which the denial was based.

7.29 	Sec. 8. Minnesota Statutes 2004, section 13.03,
7.30 	subdivision 4, is amended to read:
7.31 		Subd. 4.Change in classification of data; effect of
7.32 	dissemination among agencies.  (a) The classification of data in
7.33 	the possession of an agency entity shall change if it is
7.34 	required to do so to comply with either judicial or
7.35 	administrative rules pertaining to the conduct of legal actions
7.36 	or with a specific statute applicable to the data in the
8.1 	possession of the disseminating or receiving agency entity.
8.2 	(b) If data on individuals is classified as both private
8.3 	and confidential by this chapter, or any other statute or
8.4 	federal law, the data is private.
8.5 	(c) To the extent that government data is disseminated to
8.6 	state agencies, political subdivisions, or statewide systems a
8.7 	government entity by another state agency, political
8.8 	subdivision, or statewide system government entity, the data
8.9 	disseminated shall have the same classification in the hands of
8.10 	the agency entity receiving it as it had in the hands of the
8.11 	entity providing it.
8.12 	(d) If a state agency, statewide system, or political
8.13 	subdivision government entity disseminates data to another state
8.14 	agency, statewide system, or political subdivision government
8.15 	entity, a classification provided for by law in the hands of the
8.16 	entity receiving the data does not affect the classification of
8.17 	the data in the hands of the entity that disseminates the data.

8.18 	Sec. 9. Minnesota Statutes 2004, section 13.03,
8.19 	subdivision 5, is amended to read:
8.20 		Subd. 5.Copyright or patent of government data.  A state
8.21 	agency, statewide system, or political subdivision government
8.22 	entity may enforce a copyright or acquire a patent for a
8.23 	computer software program or components of a program created by
8.24 	that government agency entity without statutory authority.  In
8.25 	the event that a government agency entity acquires a patent to a
8.26 	computer software program or component of a program, the data
8.27 	shall be treated as trade secret information pursuant to section
8.28 	13.37.

8.29 	Sec. 10. Minnesota Statutes 2004, section 13.03,
8.30 	subdivision 6, is amended to read:
8.31 		Subd. 6.Discoverability of not public data.  If a state
8.32 	agency, political subdivision, or statewide system government
8.33 	entity opposes discovery of government data or release of data
8.34 	pursuant to court order on the grounds that the data are
8.35 	classified as not public, the party that seeks access to the
8.36 	data may bring before the appropriate presiding judicial
9.1 	officer, arbitrator, or administrative law judge an action to
9.2 	compel discovery or an action in the nature of an action to
9.3 	compel discovery.
9.4 	The presiding officer shall first decide whether the data
9.5 	are discoverable or releasable pursuant to the rules of evidence
9.6 	and of criminal, civil, or administrative procedure appropriate
9.7 	to the action.
9.8 	If the data are discoverable the presiding officer shall
9.9 	decide whether the benefit to the party seeking access to the
9.10 	data outweighs any harm to the confidentiality interests of the
9.11 	agency entity maintaining the data, or of any person who has
9.12 	provided the data or who is the subject of the data, or to the
9.13 	privacy interest of an individual identified in the data.  In
9.14 	making the decision, the presiding officer shall consider
9.15 	whether notice to the subject of the data is warranted and, if
9.16 	warranted, what type of notice must be given.  The presiding
9.17 	officer may fashion and issue any protective orders necessary to
9.18 	assure proper handling of the data by the parties.  If the data
9.19 	are a videotape of a child victim or alleged victim alleging,
9.20 	explaining, denying, or describing an act of physical or sexual
9.21 	abuse, the presiding officer shall consider the provisions of
9.22 	section 611A.90, subdivision 2, paragraph (b).

9.23 	Sec. 11. Minnesota Statutes 2004, section 13.03,
9.24 	subdivision 8, is amended to read:
9.25 		Subd. 8.Change to classification of data not on
9.26 	individuals.  Except for security information, nonpublic and
9.27 	protected nonpublic data shall become public either ten years
9.28 	after the creation of the data by the government agency entity 
9.29 	or ten years after the data was received or collected by any
9.30 	governmental agency entity unless the responsible authority for
9.31 	the originating or custodial agency entity for the data
9.32 	reasonably determines that, if the data were made available to
9.33 	the public or to the data subject, the harm to the public or to
9.34 	a data subject would outweigh the benefit to the public or to
9.35 	the data subject.  If the responsible authority denies access to
9.36 	the data, the person denied access may challenge the denial by
10.1 	bringing an action in district court seeking release of the
10.2 	data.  The action shall be brought in the district court located
10.3 	in the county where the data are being maintained, or, in the
10.4 	case of data maintained by a state agency, in any county.  The
10.5 	data in dispute shall be examined by the court in camera.  In
10.6 	deciding whether or not to release the data, the court shall
10.7 	consider the benefits and harms in the same manner as set forth
10.8 	above.  The court shall make a written statement of findings in
10.9 	support of its decision.

10.10 	Sec. 12. Minnesota Statutes 2004, section 13.04,
10.11 	subdivision 2, is amended to read:
10.12 		Subd. 2.Information required to be given individual.  An
10.13 	individual asked to supply private or confidential data
10.14 	concerning the individual shall be informed of:  (a) the purpose
10.15 	and intended use of the requested data within the collecting
10.16 	state agency, political subdivision, or statewide
10.17 	system government entity; (b) whether the individual may refuse
10.18 	or is legally required to supply the requested data; (c) any
10.19 	known consequence arising from supplying or refusing to supply
10.20 	private or confidential data; and (d) the identity of other
10.21 	persons or entities authorized by state or federal law to
10.22 	receive the data.  This requirement shall not apply when an
10.23 	individual is asked to supply investigative data, pursuant to
10.24 	section 13.82, subdivision 7, to a law enforcement officer.

10.25 	Sec. 13. Minnesota Statutes 2004, section 13.04,
10.26 	subdivision 4, is amended to read:
10.27 		Subd. 4.Procedure when data is not accurate or
10.28 	complete.  (a) An individual subject of the data may contest the
10.29 	accuracy or completeness of public or private data.  To exercise
10.30 	this right, an individual shall notify in writing the
10.31 	responsible authority describing the nature of the
10.32 	disagreement.  The responsible authority shall within 30 days
10.33 	either:  (1) correct the data found to be inaccurate or
10.34 	incomplete and attempt to notify past recipients of inaccurate
10.35 	or incomplete data, including recipients named by the
10.36 	individual; or (2) notify the individual that the authority
11.1 	believes the data to be correct.  Data in dispute shall be
11.2 	disclosed only if the individual's statement of disagreement is
11.3 	included with the disclosed data.
11.4 	The determination of the responsible authority may be
11.5 	appealed pursuant to the provisions of the Administrative
11.6 	Procedure Act relating to contested cases.  Upon receipt of an
11.7 	appeal by an individual, the commissioner shall, before issuing
11.8 	the order and notice of a contested case hearing required by
11.9 	chapter 14, try to resolve the dispute through education,
11.10 	conference, conciliation, or persuasion.  If the parties
11.11 	consent, the commissioner may refer the matter to mediation.
11.12 	Following these efforts, the commissioner shall dismiss the
11.13 	appeal or issue the order and notice of hearing.
11.14 	(b) Data on individuals that have been successfully
11.15 	challenged by an individual must be completed, corrected, or
11.16 	destroyed by a state agency, political subdivision, or statewide
11.17 	system without regard to the requirements of section 138.17.
11.18 	After completing, correcting, or destroying successfully
11.19 	challenged data, a state agency, political subdivision, or
11.20 	statewide system government entity may retain a copy of the
11.21 	commissioner of administration's order issued under chapter 14
11.22 	or, if no order were issued, a summary of the dispute between
11.23 	the parties that does not contain any particulars of the
11.24 	successfully challenged data.

11.25 	Sec. 14. Minnesota Statutes 2004, section 13.05,
11.26 	subdivision 1, is amended to read:
11.27 		Subdivision 1.Public document of data categories.  The
11.28 	responsible authority shall prepare a public document containing
11.29 	the authority's name, title and address, and a description of
11.30 	each category of record, file, or process relating to private or
11.31 	confidential data on individuals maintained by the
11.32 	authority's state agency, statewide system, or political
11.33 	subdivision government entity.  Forms used to collect private
11.34 	and confidential data shall be included in the public document.
11.35 	Beginning August 1, 1977 and annually thereafter, the
11.36 	responsible authority shall update the public document and make
12.1 	any changes necessary to maintain the accuracy of the document.
12.2 	The document shall be available from the responsible authority
12.3 	to the public in accordance with the provisions of sections
12.4 	13.03 and 15.17.

12.5 	Sec. 15. Minnesota Statutes 2004, section 13.05,
12.6 	subdivision 4, is amended to read:
12.7 		Subd. 4.Limitations on collection and use of data.
 12.8 	Private or confidential data on an individual shall not be
12.9 	collected, stored, used, or disseminated by political
12.10 	subdivisions, statewide systems, or state agencies government
12.11 	entities for any purposes other than those stated to the
12.12 	individual at the time of collection in accordance with section
12.13 	13.04, except as provided in this subdivision.
12.14 	(a) Data collected prior to August 1, 1975, and which have
12.15 	not been treated as public data, may be used, stored, and
12.16 	disseminated for the purposes for which the data was originally
12.17 	collected or for purposes which are specifically approved by the
12.18 	commissioner as necessary to public health, safety, or welfare.
12.19 	(b) Private or confidential data may be used and
12.20 	disseminated to individuals or agencies entities specifically
12.21 	authorized access to that data by state, local, or federal law
12.22 	enacted or promulgated after the collection of the data.
12.23 	(c) Private or confidential data may be used and
12.24 	disseminated to individuals or agencies entities subsequent to
12.25 	the collection of the data when the responsible authority
12.26 	maintaining the data has requested approval for a new or
12.27 	different use or dissemination of the data and that request has
12.28 	been specifically approved by the commissioner as necessary to
12.29 	carry out a function assigned by law.
12.30 	(d) Private data may be used by and disseminated to any
12.31 	person or agency entity if the individual subject or subjects of
12.32 	the data have given their informed consent.  Whether a data
12.33 	subject has given informed consent shall be determined by rules
12.34 	of the commissioner.  The format for informed consent is as
12.35 	follows, unless otherwise prescribed by the HIPAA, Standards for
12.36 	Privacy of Individually Identifiable Health Information, 65 Fed.
13.1 	Reg. 82, 461 (2000) (to be codified as Code of Federal
13.2 	Regulations, title 45, section 164):  informed consent shall not
13.3 	be deemed to have been given by an individual subject of the
13.4 	data by the signing of any statement authorizing any person
13.5 	or agency entity to disclose information about the individual to
13.6 	an insurer or its authorized representative, unless the
13.7 	statement is:
13.8 	(1) in plain language;
13.9 	(2) dated;
13.10 	(3) specific in designating the particular persons or
13.11 	agencies the data subject is authorizing to disclose information
13.12 	about the data subject;
13.13 	(4) specific as to the nature of the information the
13.14 	subject is authorizing to be disclosed;
13.15 	(5) specific as to the persons or agencies entities to whom
13.16 	the subject is authorizing information to be disclosed;
13.17 	(6) specific as to the purpose or purposes for which the
13.18 	information may be used by any of the parties named in clause
13.19 	(5), both at the time of the disclosure and at any time in the
13.20 	future;
13.21 	(7) specific as to its expiration date which should be
13.22 	within a reasonable period of time, not to exceed one year
13.23 	except in the case of authorizations given in connection with
13.24 	applications for (i) life insurance or noncancelable or
13.25 	guaranteed renewable health insurance and identified as such,
13.26 	two years after the date of the policy or (ii) medical
13.27 	assistance under chapter 256B or MinnesotaCare under chapter
13.28 	256L, which shall be ongoing during all terms of eligibility,
13.29 	for individual education plan health-related services provided
13.30 	by a school district under section 125A.21, subdivision 2.
13.31 	The responsible authority may require a person requesting
13.32 	copies of data under this paragraph to pay the actual costs of
13.33 	making, certifying, and compiling the copies.
13.34 	(e) Private or confidential data on an individual may be
13.35 	discussed at a meeting open to the public to the extent provided
13.36 	in section 13D.05.

14.1 	Sec. 16. [13.055] STATE AGENCIES; DISCLOSURE OF BREACH IN
14.2 	SECURITY.
14.3 		Subdivision 1.Definitions. For purposes of this
14.4 	section, the following terms have the meanings given to them.
14.5 	(a) "Breach of the security of the data" means unauthorized
14.6 	acquisition of data maintained by a state agency that
14.7 	compromises the security and classification of the data.  Good
14.8 	faith acquisition of government data by an employee or agent of
14.9 	a state agency for the purposes of the state agency is not a
14.10 	breach of the security of the data, if the government data is
14.11 	not provided to an unauthorized person.
14.12 	(b) "Contact information" means either name and mailing
14.13 	address or name and e-mail address for each individual who is
14.14 	the subject of data maintained by the state agency.
14.15 	(c) "Unauthorized acquisition" means that a person has
14.16 	obtained government data without the informed consent of the
14.17 	individuals who are the subjects of the data or statutory
14.18 	authority and with the intent to use the data for
14.19 	non-governmental purposes.
14.20 	(d) "Unauthorized person" means any person who accesses
14.21 	government data without permission or without a work assignment
14.22 	that reasonably requires the person to have access to the data.
14.23 		Subd. 2.Notice to individuals. A state agency that
14.24 	collects, creates, receives, maintains or disseminates private
14.25 	or confidential data on individuals must disclose any breach of
14.26 	the security of the data following discovery or notification of
14.27 	the breach.  Notification must be made to any individual who is
14.28 	the subject of the data and whose private or confidential data
14.29 	was, or is reasonably believed to have been, acquired by an
14.30 	unauthorized person.  The disclosure must be made in the most
14.31 	expedient time possible and without unreasonable delay,
14.32 	consistent with (1) the legitimate needs of a law enforcement
14.33 	agency as provided in subdivision 3; or (2) any measures
14.34 	necessary to determine the scope of the breach and restore the
14.35 	reasonable security of the data.
14.36 		Subd. 3.Delayed notice. The notification required by
15.1 	this section may be delayed if a law enforcement agency
15.2 	determines that the notification will impede an active criminal
15.3 	investigation.  The notification required by this section must
15.4 	be made after the law enforcement agency determines that it will
15.5 	not compromise the investigation.
15.6 		Subd. 4.Method of notice. Notice under this section may
15.7 	be provided by one of the following methods:
15.8 	(a) written notice by first class mail to each affected
15.9 	individual;
15.10 	(b) electronic notice to each affected individual, if the
15.11 	notice provided is consistent with the provisions regarding
15.12 	electronic records and signatures as set forth in United States
15.13 	Code, title 15, section 7001; or 
15.14 	(c) substitute notice, if the state agency demonstrates
15.15 	that the cost of providing the written notice required by
15.16 	paragraph (a) would exceed $250,000, or that the affected class
15.17 	of individuals to be notified exceeds 500,000, or the state
15.18 	agency does not have sufficient contact information.  Substitute
15.19 	notice consists of all of the following:
15.20 	(i) e-mail notice if the state agency has an e-mail address
15.21 	for the affected individuals;
15.22 	(ii) conspicuous posting of the notice on the Web site page
15.23 	of the state agency, if the state agency maintains a Web site;
15.24 	and 
15.25 	(iii) notification to major media outlets that reach the
15.26 	general public.
15.27 		Subd. 5.Coordination with consumer reporting
15.28 	agencies. If the state agency discovers circumstances requiring
15.29 	notification under this section of more than 1,000 individuals
15.30 	at one time, the state agency must also notify, without
15.31 	unreasonable delay, all consumer reporting agencies that compile
15.32 	and maintain files on consumers on a nationwide basis, as
15.33 	defined in United States Code, title 15, section 1681a, of the
15.34 	timing, distribution, and content of the notices.

15.35 	Sec. 17. Minnesota Statutes 2004, section 13.05,
15.36 	subdivision 6, is amended to read:
16.1 		Subd. 6.Contracts.  Except as provided in section 13.46,
16.2 	subdivision 5, in any contract between a governmental
16.3 	unit government entity subject to this chapter and any person,
16.4 	when the contract requires that data on individuals be made
16.5 	available to the contracting parties by the governmental unit 
16.6 	government entity, that data shall be administered consistent
16.7 	with this chapter.  A contracting party shall maintain the data
16.8 	on individuals which it received according to the statutory
16.9 	provisions applicable to the data.

16.10 	Sec. 18. Minnesota Statutes 2004, section 13.05,
16.11 	subdivision 7, is amended to read:
16.12 		Subd. 7.Preparation of summary data.  The use of summary
16.13 	data derived from private or confidential data on individuals
16.14 	under the jurisdiction of one or more responsible authorities is
16.15 	permitted.  Unless classified pursuant to section 13.06, another
16.16 	statute, or federal law, summary data is public.  The
16.17 	responsible authority shall prepare summary data from private or
16.18 	confidential data on individuals upon the request of any person
16.19 	if the request is in writing and the cost of preparing the
16.20 	summary data is borne by the requesting person.  The responsible
16.21 	authority may delegate the power to prepare summary data (1) to
16.22 	the administrative officer responsible for any central
16.23 	repository of summary data; or (2) to a person outside of its
16.24 	agency the entity if the person's purpose is set forth, in
16.25 	writing, and the person agrees not to disclose, and the
16.26 	agency entity reasonably determines that the access will not
16.27 	compromise private or confidential data on individuals.

16.28 	Sec. 19. Minnesota Statutes 2004, section 13.05,
16.29 	subdivision 8, is amended to read:
16.30 		Subd. 8.Publication of access procedures.  The
16.31 	responsible authority shall prepare a public document setting
16.32 	forth in writing the rights of the data subject pursuant to
16.33 	section 13.04 and the specific procedures in effect in the state
16.34 	agency, statewide system or political subdivision government
16.35 	entity for access by the data subject to public or private data
16.36 	on individuals.

17.1 	Sec. 20. Minnesota Statutes 2004, section 13.05,
17.2 	subdivision 9, is amended to read:
17.3 		Subd. 9.Intergovernmental access of data.  A responsible
17.4 	authority shall allow another responsible authority access to
17.5 	data classified as not public only when the access is authorized
17.6 	or required by statute or federal law.  An agency entity that
17.7 	supplies government data under this subdivision may require the
17.8 	requesting agency entity to pay the actual cost of supplying the
17.9 	data.

17.10 	Sec. 21. Minnesota Statutes 2004, section 13.06,
17.11 	subdivision 1, is amended to read:
17.12 		Subdivision 1.Application to commissioner.
 17.13 	Notwithstanding the provisions of section 13.03, the responsible
17.14 	authority of a state agency, political subdivision, or statewide
17.15 	system government entity may apply to the commissioner for
17.16 	permission to classify data or types of data on individuals as
17.17 	private or confidential, or data not on individuals as nonpublic
17.18 	or protected nonpublic, for its own use and for the use of other
17.19 	similar agencies, political subdivisions, or statewide
17.20 	systems government entities on a temporary basis until a
17.21 	proposed statute can be acted upon by the legislature.  The
17.22 	application for temporary classification is public.
17.23 	Upon the filing of an application for temporary
17.24 	classification, the data which is the subject of the application
17.25 	shall be deemed to be classified as set forth in the application
17.26 	for a period of 45 days, or until the application is
17.27 	disapproved, rejected, or granted by the commissioner, whichever
17.28 	is earlier.
17.29 	If the commissioner determines that an application has been
17.30 	submitted for purposes not consistent with this section, the
17.31 	commissioner may immediately reject the application, give notice
17.32 	of that rejection to the applicant, and return the application.
17.33 	When the applicant receives the notice of rejection from the
17.34 	commissioner, the data which was the subject of the application
17.35 	shall have the classification it had before the application was
17.36 	submitted to the commissioner.

18.1 	Sec. 22. Minnesota Statutes 2004, section 13.06,
18.2 	subdivision 2, is amended to read:
18.3 		Subd. 2.Contents of application for private or
18.4 	confidential data.  An application for temporary classification
18.5 	of data on individuals shall include and the applicant shall
18.6 	have the burden of clearly establishing that no statute
18.7 	currently exists which either allows or forbids classification
18.8 	as private or confidential; and either
18.9 	(a) that data similar to that for which the temporary
18.10 	classification is sought has been treated as either private or
18.11 	confidential by other state agencies or political
18.12 	subdivisions government entities, and by the public; or
18.13 	(b) that a compelling need exists for immediate temporary
18.14 	classification, which if not granted could adversely affect the
18.15 	public interest or the health, safety, well being or reputation
18.16 	of the data subject.

18.17 	Sec. 23. Minnesota Statutes 2004, section 13.06,
18.18 	subdivision 3, is amended to read:
18.19 		Subd. 3.Contents of application for nonpublic or
18.20 	nonpublic protected data.  An application for temporary
18.21 	classification of government data not on individuals shall
18.22 	include and the applicant shall have the burden of clearly
18.23 	establishing that no statute currently exists which either
18.24 	allows or forbids classification as nonpublic or protected
18.25 	nonpublic; and either
18.26 	(a) that data similar to that for which the temporary
18.27 	classification is sought has been treated as nonpublic or
18.28 	protected nonpublic by other state agencies or political
18.29 	subdivisions government entities, and by the public; or
18.30 	(b) public access to the data would render unworkable a
18.31 	program authorized by law; or
18.32 	(c) that a compelling need exists for immediate temporary
18.33 	classification, which if not granted could adversely affect the
18.34 	health, safety or welfare of the public.

18.35 	Sec. 24. Minnesota Statutes 2004, section 13.06,
18.36 	subdivision 4, is amended to read:
19.1 		Subd. 4.Procedure when classification affects others.
 19.2 	If the commissioner determines that an application for temporary
19.3 	classification involves data which would reasonably be
19.4 	classified in the same manner by all agencies, political
19.5 	subdivisions, or statewide systems government entities similar
19.6 	to the one which made the application, the commissioner may
19.7 	approve or disapprove the classification for data of the kind
19.8 	which is the subject of the application for the use of
19.9 	all agencies, political subdivisions, or statewide
19.10 	systems government entities similar to the applicant.  On
19.11 	deeming this approach advisable, the commissioner shall provide
19.12 	notice of the proposed action by publication in the State
19.13 	Register within ten days of receiving the application.  Within
19.14 	30 days after publication in the State Register an
19.15 	affected agency, political subdivision,government entity or the
19.16 	public, or statewide system may submit comments on the
19.17 	commissioner's proposal.  The commissioner shall consider any
19.18 	comments received when granting or denying a classification for
19.19 	data of the kind which is the subject of the application, for
19.20 	the use of all agencies, political subdivisions, or statewide
19.21 	systems government entities similar to the applicant.  Within 45
19.22 	days after the close of the period for submitting comment, the
19.23 	commissioner shall grant or disapprove the application.
19.24 	Applications processed under this subdivision shall be either
19.25 	approved or disapproved by the commissioner within 90 days of
19.26 	the receipt of the application.  For purposes of subdivision 1,
19.27 	the data which is the subject of the classification shall be
19.28 	deemed to be classified as set forth in the application for a
19.29 	period of 90 days, or until the application is disapproved or
19.30 	granted by the commissioner, whichever is earlier.  If requested
19.31 	in the application, or determined to be necessary by the
19.32 	commissioner, the data in the application shall be so classified
19.33 	for all agencies, political subdivisions, or statewide
19.34 	systems government entities similar to the applicant until the
19.35 	application is disapproved or granted by the commissioner,
19.36 	whichever is earlier.  Proceedings after the grant or
20.1 	disapproval shall be governed by the provisions of subdivision 5.

20.2 	Sec. 25. Minnesota Statutes 2004, section 13.07, is
20.3 	amended to read:
20.4 	13.07 DUTIES OF THE COMMISSIONER.
20.5 	The commissioner shall promulgate rules, in accordance with
20.6 	the rulemaking procedures in the Administrative Procedure Act
20.7 	which shall apply to state agencies, statewide systems and
20.8 	political subdivisions government entities to implement the
20.9 	enforcement and administration of this chapter.  The rules shall
20.10 	not affect section 13.04, relating to rights of subjects of
20.11 	data.  Prior to the adoption of rules authorized by this section
20.12 	the commissioner shall give notice to all state agencies and
20.13 	political subdivisions in the same manner and in addition to
20.14 	other parties as required by section 14.06 of the date and place
20.15 	of hearing, enclosing a copy of the rules to be adopted.

20.16 	Sec. 26. Minnesota Statutes 2004, section 13.072,
20.17 	subdivision 4, is amended to read:
20.18 		Subd. 4.Data submitted to commissioner.  A state agency,
20.19 	statewide system, or political subdivision government entity may
20.20 	submit not public data to the commissioner for the purpose of
20.21 	requesting or responding to a person's request for an opinion.
20.22 	Government data submitted to the commissioner by a state agency,
20.23 	statewide system, or political subdivision government entity or
20.24 	copies of government data submitted by other persons have the
20.25 	same classification as the data have when held by the state
20.26 	agency, statewide system, or political subdivision government
20.27 	entity.  If the nature of the opinion is such that the release
20.28 	of the opinion would reveal not public data, the commissioner
20.29 	may issue an opinion using pseudonyms for individuals.  Data
20.30 	maintained by the commissioner, in the record of an opinion
20.31 	issued using pseudonyms that would reveal the identities of
20.32 	individuals protected by the use of the pseudonyms, are private
20.33 	data on individuals.

20.34 	Sec. 27. Minnesota Statutes 2004, section 13.073,
20.35 	subdivision 3, is amended to read:
20.36 		Subd. 3.Basic training.  The basic training component
21.1 	should be designed to meet the basic information policy needs of
21.2 	all government employees and public officials with a focus on
21.3 	key data practices laws and procedures that apply to all
21.4 	government entities.  The commissioner should design the basic
21.5 	training component in a manner that minimizes duplication of the
21.6 	effort and cost for government entities to provide basic
21.7 	training.  The commissioner may develop general programs and
21.8 	materials for basic training such as video presentations, data
21.9 	practices booklets, and training guides.  The commissioner may
21.10 	assist state and local government agencies entities in
21.11 	developing training expertise within their own agencies entities 
21.12 	and offer assistance for periodic training sessions for this
21.13 	purpose.

21.14 	Sec. 28. Minnesota Statutes 2004, section 13.08,
21.15 	subdivision 1, is amended to read:
21.16 		Subdivision 1.Action for damages.  Notwithstanding
21.17 	section 466.03, a political subdivision,responsible authority,
21.18 	statewide system,or state agency government entity which
21.19 	violates any provision of this chapter is liable to a person or
21.20 	representative of a decedent who suffers any damage as a result
21.21 	of the violation, and the person damaged or a representative in
21.22 	the case of private data on decedents or confidential data on
21.23 	decedents may bring an action against the political subdivision,
21.24 	responsible authority, statewide system or state agency 
21.25 	government entity to cover any damages sustained, plus costs and
21.26 	reasonable attorney fees. In the case of a willful violation,
21.27 	The political subdivision, statewide system or state
21.28 	agency government entity shall, in addition, be liable to
21.29 	exemplary damages of not less than $100 $5,000, nor more than
21.30 	$10,000 $100,000 for each violation.  The state is deemed to
21.31 	have waived any immunity to a cause of action brought under this
21.32 	chapter.

21.33 	Sec. 29. Minnesota Statutes 2004, section 13.08,
21.34 	subdivision 2, is amended to read:
21.35 		Subd. 2.Injunction.  A political subdivision,
21.36 	responsible authority, statewide system or state agency 
22.1 	government entity which violates or proposes to violate this
22.2 	chapter may be enjoined by the district court.  The court may
22.3 	make any order or judgment as may be necessary to prevent the
22.4 	use or employment by any person of any practices which violate
22.5 	this chapter.

22.6 	Sec. 30. Minnesota Statutes 2004, section 13.08,
22.7 	subdivision 4, is amended to read:
22.8 		Subd. 4.Action to compel compliance.  (a) In addition to
22.9 	the remedies provided in subdivisions 1 to 3 or any other law,
22.10 	any aggrieved person seeking to enforce the person's rights
22.11 	under this chapter or obtain access to data may bring an action
22.12 	in district court to compel compliance with this chapter and may
22.13 	recover costs and disbursements, including reasonable attorney's
22.14 	fees, as determined by the court.  If the court determines that
22.15 	an action brought under this subdivision is frivolous and
22.16 	without merit and a basis in fact, it may award reasonable costs
22.17 	and attorney fees to the responsible authority.  If the court
22.18 	issues an order to compel compliance under this subdivision, the
22.19 	court may impose a civil penalty of up to $300 $3,000 against
22.20 	the government entity.  This penalty is payable to the state
22.21 	general fund and is in addition to damages under subdivision 1.
22.22 	The matter shall be heard as soon as possible.  In an action
22.23 	involving a request for government data under section 13.03 or
22.24 	13.04, the court may inspect in camera the government data in
22.25 	dispute, but shall conduct its hearing in public and in a manner
22.26 	that protects the security of data classified as not public.  If
22.27 	the court issues an order to compel compliance under this
22.28 	subdivision, the court shall forward a copy of the order to the
22.29 	commissioner of administration.
22.30 	(b) In determining whether to assess a civil penalty under
22.31 	this subdivision, the court shall consider whether the
22.32 	government entity has substantially complied with general data
22.33 	practices under this chapter, including but not limited to,
22.34 	whether the government entity has:
22.35 	(1) designated a responsible authority under section 13.02,
22.36 	subdivision 16;
23.1 	(2) designated a data practices compliance official under
23.2 	section 13.05, subdivision 13;
23.3 	(3) prepared the public document that names the responsible
23.4 	authority and describes the records and data on individuals that
23.5 	are maintained by the government entity under section 13.05,
23.6 	subdivision 1;
23.7 	(4) developed public access procedures under section 13.03,
23.8 	subdivision 2; procedures to guarantee the rights of data
23.9 	subjects under section 13.05, subdivision 8; and procedures to
23.10 	ensure that data on individuals are accurate and complete and to
23.11 	safeguard the data's security under section 13.05, subdivision
23.12 	5;
23.13 	(5) sought an oral, written, or electronic opinion from the
23.14 	commissioner of administration related to the matter at issue
23.15 	and acted in conformity with that opinion or acted in conformity
23.16 	with an opinion issued under section 13.072 that was sought by
23.17 	another person; or
23.18 	(6) provided ongoing training to government entity
23.19 	personnel who respond to requests under this chapter.
23.20 	(c) The court shall award reasonable attorney fees to a
23.21 	prevailing plaintiff who has brought an action under this
23.22 	subdivision if the government entity that is the defendant in
23.23 	the action was also the subject of a written opinion issued
23.24 	under section 13.072 and the court finds that the opinion is
23.25 	directly related to the cause of action being litigated and that
23.26 	the government entity did not act in conformity with the opinion.

23.27 	Sec. 31. Minnesota Statutes 2004, section 13.08,
23.28 	subdivision 5, is amended to read:
23.29 		Subd. 5.Immunity from liability.  A state agency,
23.30 	statewide system, political subdivision,government entity or
23.31 	person that releases not public data pursuant to an order under
23.32 	section 13.03, subdivision 6 is immune from civil and criminal
23.33 	liability.

23.34 	Sec. 32. Minnesota Statutes 2004, section 13.32, is
23.35 	amended by adding a subdivision to read:
23.36 		Subd. 10.Education records; child with disability.
 24.1 	Nothing in this chapter shall be construed as limiting the
24.2 	frequency of inspection of the educational records of a child
24.3 	with a disability by the child's parent or guardian or by the
24.4 	child upon the child reaching the age of majority.  An agency or
24.5 	institution may not charge a fee to search for or to retrieve
24.6 	the educational records.  An agency or institution that receives
24.7 	a request for copies of the educational records of a child with
24.8 	a disability may charge a fee that reflects the costs of
24.9 	reproducing the records except when to do so would impair the
24.10 	ability of the child's parent or guardian, or the child who has
24.11 	reached the age of majority, to exercise their right to inspect
24.12 	and review those records.

24.13 	Sec. 33. Minnesota Statutes 2004, section 13.37,
24.14 	subdivision 1, is amended to read:
24.15 		Subdivision 1.Definitions.  As used in this section, the
24.16 	following terms have the meanings given them.
24.17 	(a) "Security information" means government data the
24.18 	disclosure of which would be likely to substantially jeopardize
24.19 	the security of information, possessions, individuals or
24.20 	property against theft, tampering, improper use, attempted
24.21 	escape, illegal disclosure, trespass, or physical injury.
24.22 	"Security information" includes crime prevention block maps and
24.23 	lists of volunteers who participate in community crime
24.24 	prevention programs and their home addresses and telephone
24.25 	numbers.
24.26 	(b) "Trade secret information" means government data,
24.27 	including a formula, pattern, compilation, program, device,
24.28 	method, technique or process (1) that was supplied by the
24.29 	affected individual or organization, (2) that is the subject of
24.30 	efforts by the individual or organization that are reasonable
24.31 	under the circumstances to maintain its secrecy, and (3) that
24.32 	derives independent economic value, actual or potential, from
24.33 	not being generally known to, and not being readily
24.34 	ascertainable by proper means by, other persons who can obtain
24.35 	economic value from its disclosure or use.
24.36 	(c) "Labor relations information" means management
25.1 	positions on economic and noneconomic items that have not been
25.2 	presented during the collective bargaining process or interest
25.3 	arbitration, including information specifically collected or
25.4 	created to prepare the management position.
25.5 	(d) "Parking space leasing data" means the following
25.6 	government data on an applicant for, or lessee of, a parking
25.7 	space:  residence address, home telephone number, beginning and
25.8 	ending work hours, place of employment, work telephone number,
25.9 	and location of the parking space.
25.10 	(e) "Internal competitive proposal" means a proposal to
25.11 	provide government services that is prepared by the staff of a
25.12 	political subdivision in competition with proposals solicited by
25.13 	the political subdivision from the private sector.

25.14 	Sec. 34. Minnesota Statutes 2004, section 13.37,
25.15 	subdivision 2, is amended to read:
25.16 		Subd. 2.Classification.  The following government data
25.17 	is classified as nonpublic data with regard to data not on
25.18 	individuals, pursuant to section 13.02, subdivision 9, and as
25.19 	private data with regard to data on individuals, pursuant to
25.20 	section 13.02, subdivision 12:  Security information; trade
25.21 	secret information; sealed absentee ballots prior to opening by
25.22 	an election judge; sealed bids, including the number of bids
25.23 	received, prior to the opening of the bids; internal competitive
25.24 	proposals prior to the time specified by a political subdivision
25.25 	for the receipt of private sector proposals for the services;
25.26 	parking space leasing data; and labor relations information,
25.27 	provided that specific labor relations information which relates
25.28 	to a specific labor organization is classified as protected
25.29 	nonpublic data pursuant to section 13.02, subdivision 13.

25.30 	Sec. 35. Minnesota Statutes 2004, section 13.37,
25.31 	subdivision 3, is amended to read:
25.32 		Subd. 3.Data dissemination. (a) Crime prevention block
25.33 	maps and names, home addresses, and telephone numbers of
25.34 	volunteers who participate in community crime prevention
25.35 	programs may be disseminated to volunteers participating in
25.36 	crime prevention programs.  The location of a National Night Out
26.1 	event is public data.
26.2 	(b) A government entity may make security information
26.3 	accessible to any person, entity, or the public if the
26.4 	government entity determines that the access will aid public
26.5 	health, promote public safety, or assist law enforcement.

26.6 	Sec. 36. Minnesota Statutes 2004, section 13.3805, is
26.7 	amended by adding a subdivision to read:
26.8 		Subd. 3.Office of health facility complaints;
26.9 	investigative data. Except for investigative data under section
26.10 	626.556, all investigative data maintained by the Department of
26.11 	Health's Office of Health Facility Complaints are subject to
26.12 	provisions of and classified pursuant to section 626.557,
26.13 	subdivision 12b, paragraphs (b) to (d).  Notwithstanding
26.14 	sections 626.556, subdivision 11, and 626.557, subdivision 12b,
26.15 	paragraph (b), data identifying an individual substantiated as
26.16 	the perpetrator are public data.  For purposes of this
26.17 	subdivision, an individual is substantiated as the perpetrator
26.18 	if the commissioner of health determines that the individual is
26.19 	the perpetrator and the determination of the commissioner is
26.20 	upheld after the individual either exercises applicable
26.21 	administrative appeal rights or fails to exercise these rights
26.22 	within the time allowed by law.

26.23 	Sec. 37. Minnesota Statutes 2004, section 13.43,
26.24 	subdivision 1, is amended to read:
26.25 		Subdivision 1.Definition.  As used in this section,
26.26 	"personnel data" means data on individuals collected because the
26.27 	individual is or was an employee of or an applicant for
26.28 	employment by, performs services on a voluntary basis for, or
26.29 	acts as an independent contractor with a state agency, statewide
26.30 	system or political subdivision or is a member of or an
26.31 	applicant for an advisory board or commission government entity.
26.32 	Personnel data includes data submitted by an employee to a
26.33 	government entity as part of an organized self-evaluation effort
26.34 	by the government entity to request suggestions from all
26.35 	employees on ways to cut costs, make government more efficient,
26.36 	or improve the operation of government.  An employee who is
27.1 	identified in a suggestion shall have access to all data in the
27.2 	suggestion except the identity of the employee making the
27.3 	suggestion.

27.4 	Sec. 38. Minnesota Statutes 2004, section 13.43,
27.5 	subdivision 2, is amended to read:
27.6 		Subd. 2.Public data.  (a) Except for employees described
27.7 	in subdivision 5 and subject to the limitations described in
27.8 	subdivision 5a, the following personnel data on current and
27.9 	former employees, volunteers, and independent contractors of
27.10 	a state agency, statewide system, or political subdivision and
27.11 	members of advisory boards or commissions government entity is
27.12 	public:
27.13 	(1) name; employee identification number, which must not be
27.14 	the employee's Social Security number; actual gross salary;
27.15 	salary range; contract fees; actual gross pension; the value and
27.16 	nature of employer paid fringe benefits; and the basis for and
27.17 	the amount of any added remuneration, including expense
27.18 	reimbursement, in addition to salary;
27.19 	(2) job title and bargaining unit; job description;
27.20 	education and training background; and previous work experience;
27.21 	(3) date of first and last employment;
27.22 	(4) the existence and status of any complaints or charges
27.23 	against the employee, regardless of whether the complaint or
27.24 	charge resulted in a disciplinary action;
27.25 	(5) the final disposition of any disciplinary action
27.26 	together with the specific reasons for the action and data
27.27 	documenting the basis of the action, excluding data that would
27.28 	identify confidential sources who are employees of the public
27.29 	body;
27.30 	(6) the terms of any agreement settling any dispute arising
27.31 	out of an employment relationship, including a buyout agreement
27.32 	as defined in section 123B.143, subdivision 2, paragraph (a);
27.33 	except that the agreement must include specific reasons for the
27.34 	agreement if it involves the payment of more than $10,000 of
27.35 	public money;
27.36 	(7) work location; a work telephone number; badge number;
28.1 	and honors and awards received; and
28.2 	(8) payroll time sheets or other comparable data that are
28.3 	only used to account for employee's work time for payroll
28.4 	purposes, except to the extent that release of time sheet data
28.5 	would reveal the employee's reasons for the use of sick or other
28.6 	medical leave or other not public data.
28.7 	(b) For purposes of this subdivision, a final disposition
28.8 	occurs when the state agency, statewide system, or political
28.9 	subdivision makes its final decision about the disciplinary
28.10 	action, regardless of the possibility of any later proceedings
28.11 	or court proceedings.  In the case of arbitration proceedings
28.12 	arising under collective bargaining agreements, a final
28.13 	disposition occurs at the conclusion of the arbitration
28.14 	proceedings, or upon the failure of the employee to elect
28.15 	arbitration within the time provided by the collective
28.16 	bargaining agreement.  Final disposition includes a resignation
28.17 	by an individual when the resignation occurs after the final
28.18 	decision of the state agency, statewide system, political
28.19 	subdivision, or arbitrator.
28.20 	(c) The state agency, statewide system, or political
28.21 	subdivision may display a photograph of a current or former
28.22 	employee to a prospective witness as part of the state agency's,
28.23 	statewide system's, or political subdivision's investigation of
28.24 	any complaint or charge against the employee.
28.25 	(d) A complainant has access to a statement provided by the
28.26 	complainant to a state agency, statewide system, or political
28.27 	subdivision in connection with a complaint or charge against an
28.28 	employee.
28.29 	(e) Notwithstanding paragraph (a), clause (5), upon
28.30 	completion of an investigation of a complaint or charge against
28.31 	a public official, or if a public official resigns or is
28.32 	terminated from employment while the complaint or charge is
28.33 	pending, all data relating to the complaint or charge are
28.34 	public, unless access to the data would jeopardize an active
28.35 	investigation or reveal confidential sources.  For purposes of
28.36 	this paragraph, "public official" means:
29.1 	(1) the head of a state agency and deputy and assistant
29.2 	state agency heads;
29.3 	(2) members of boards or commissions required by law to be
29.4 	appointed by the governor or other elective officers; and
29.5 	(3) executive or administrative heads of departments,
29.6 	bureaus, divisions, or institutions.

29.7 	Sec. 39. Minnesota Statutes 2004, section 13.43,
29.8 	subdivision 3, is amended to read:
29.9 		Subd. 3.Applicant data.  Except for applicants described
29.10 	in subdivision 5, the following personnel data on current and
29.11 	former applicants for employment by a state agency, statewide
29.12 	system or political subdivision or appointment to an advisory
29.13 	board or commission government entity is public:  veteran
29.14 	status; relevant test scores; rank on eligible list; job
29.15 	history; education and training; and work availability.  Names
29.16 	of applicants shall be private data except when certified as
29.17 	eligible for appointment to a vacancy or when applicants are
29.18 	considered by the appointing authority to be finalists for a
29.19 	position in public employment.  For purposes of this
29.20 	subdivision, "finalist" means an individual who is selected to
29.21 	be interviewed by the appointing authority prior to selection.
29.22 	Names and home addresses of applicants for appointment to and
29.23 	members of an advisory board or commission are public.

29.24 	Sec. 40. Minnesota Statutes 2004, section 13.46,
29.25 	subdivision 4, is amended to read:
29.26 		Subd. 4.Licensing data.  (a) As used in this subdivision:
29.27 	(1) "licensing data" means all data collected, maintained,
29.28 	used, or disseminated by the welfare system pertaining to
29.29 	persons licensed or registered or who apply for licensure or
29.30 	registration or who formerly were licensed or registered under
29.31 	the authority of the commissioner of human services;
29.32 	(2) "client" means a person who is receiving services from
29.33 	a licensee or from an applicant for licensure; and
29.34 	(3) "personal and personal financial data" means Social
29.35 	Security numbers, identity of and letters of reference,
29.36 	insurance information, reports from the Bureau of Criminal
30.1 	Apprehension, health examination reports, and social/home
30.2 	studies.
30.3 	(b)(1) Except as provided in paragraph (c), the following
30.4 	data on current and former licensees are public:  name, address,
30.5 	telephone number of licensees, date of receipt of a completed
30.6 	application, dates of licensure, licensed capacity, type of
30.7 	client preferred, variances granted, record of training and
30.8 	education in child care and child development,type of dwelling,
30.9 	name and relationship of other family members, previous license
30.10 	history, class of license, and the existence and status of
30.11 	complaints, and the number of serious injuries to or deaths of
30.12 	individuals in the licensed program as reported to the
30.13 	commissioner of human services, the local social services
30.14 	agency, or any other county welfare agency.  For purposes of
30.15 	this clause, a serious injury is one that is treated by a
30.16 	physician.  When a correction order or fine has been issued, a
30.17 	license is suspended, immediately suspended, revoked, denied, or
30.18 	made conditional, or a complaint is resolved, the following data
30.19 	on current and former licensees are public:  the substance and
30.20 	investigative findings of the licensing or maltreatment 
30.21 	complaint, licensing violation, or substantiated maltreatment;
30.22 	the record of informal resolution of a licensing violation;
30.23 	orders of hearing; findings of fact; conclusions of law;
30.24 	specifications of the final correction order, fine, suspension,
30.25 	immediate suspension, revocation, denial, or conditional license
30.26 	contained in the record of licensing action; and the status of
30.27 	any appeal of these actions. Notwithstanding sections 626.556,
30.28 	subdivision 11, and 626.557, subdivision 12b,when an individual
30.29 	licensee is a substantiated perpetrator of maltreatment, and the
30.30 	substantiated maltreatment is a reason for the licensing
30.31 	action in a program licensed under chapter 245A, the identity of
30.32 	the licensee as a perpetrator is public data.  For purposes of
30.33 	this clause, a person is a substantiated perpetrator if the
30.34 	maltreatment determination has been upheld under section
30.35 	626.556, subdivision 10i, 626.557, subdivision 9d, or
30.36 	256.045, or chapter 14,or an individual or facility has not
31.1 	timely exercised appeal rights under these sections.
31.2 	(2) For applicants who withdraw their application prior to
31.3 	licensure or denial of a license, the following data are
31.4 	public:  the name of the applicant, the city and county in which
31.5 	the applicant was seeking licensure, the dates of the
31.6 	commissioner's receipt of the initial application and completed
31.7 	application, the type of license sought, and the date of
31.8 	withdrawal of the application.
31.9 	(3) For applicants who are denied a license, the following
31.10 	data are public:  the name of the applicant, the city and county
31.11 	in which the applicant was seeking licensure, the dates of the
31.12 	commissioner's receipt of the initial application and completed
31.13 	application, the type of license sought, the date of denial of
31.14 	the application, the nature of the basis for the denial, and the
31.15 	status of any appeal of the denial.
31.16 	(4) The following data on persons subject to
31.17 	disqualification under section 245C.14 in connection with a
31.18 	license to provide family day care for children, child care
31.19 	center services, foster care for children in the provider's
31.20 	home, or foster care or day care services for adults in the
31.21 	provider's home, are public:  the nature of any disqualification
31.22 	set aside under section 245C.22, subdivisions 2 and 4, and the
31.23 	reasons for setting aside the disqualification; the nature of
31.24 	any disqualification for which a variance was granted under
31.25 	sections 245A.04, subdivision 9; and 245C.30,and the reasons
31.26 	for granting any variance under section 245A.04, subdivision 9;
31.27 	and, if applicable, the disclosure that any person subject to a
31.28 	background study under section 245C.03, subdivision 1, has
31.29 	successfully passed a background study.
31.30 	(5) When maltreatment is substantiated under section
31.31 	626.556 or 626.557 and the victim and the substantiated
31.32 	perpetrator are affiliated with a program licensed under chapter
31.33 	245A, the commissioner of human services, local social services
31.34 	agency, or county welfare agency may inform the license holder
31.35 	where the maltreatment occurred of the identity of the
31.36 	substantiated perpetrator and the victim.
32.1 	(c) The following are private data on individuals under
32.2 	section 13.02, subdivision 12, or nonpublic data under section
32.3 	13.02, subdivision 9:  personal and personal financial data on
32.4 	family day care program and family foster care program
32.5 	applicants and licensees and their family members who provide
32.6 	services under the license.
32.7 	(d) The following are private data on individuals:  the
32.8 	identity of persons who have made reports concerning licensees
32.9 	or applicants that appear in inactive investigative data, and
32.10 	the records of clients or employees of the licensee or applicant
32.11 	for licensure whose records are received by the licensing agency
32.12 	for purposes of review or in anticipation of a contested
32.13 	matter.  The names of reporters under sections 626.556 and
32.14 	626.557 may be disclosed only as provided in section 626.556,
32.15 	subdivision 11, or 626.557, subdivision 12b.
32.16 	(e) Data classified as private, confidential, nonpublic, or
32.17 	protected nonpublic under this subdivision become public data if
32.18 	submitted to a court or administrative law judge as part of a
32.19 	disciplinary proceeding in which there is a public hearing
32.20 	concerning a license which has been suspended, immediately
32.21 	suspended, revoked, or denied.
32.22 	(f) Data generated in the course of licensing
32.23 	investigations that relate to an alleged violation of law are
32.24 	investigative data under subdivision 3.
32.25 	(g) Data that are not public data collected, maintained,
32.26 	used, or disseminated under this subdivision that relate to or
32.27 	are derived from a report as defined in section 626.556,
32.28 	subdivision 2, or 626.5572, subdivision 18, are subject to the
32.29 	destruction provisions of sections 626.556, subdivision 11c, and
32.30 	626.557, subdivision 12b.
32.31 	(h) Upon request, not public data collected, maintained,
32.32 	used, or disseminated under this subdivision that relate to or
32.33 	are derived from a report of substantiated maltreatment as
32.34 	defined in section 626.556 or 626.557 may be exchanged with the
32.35 	Department of Health for purposes of completing background
32.36 	studies pursuant to section 144.057 and with the Department of
33.1 	Corrections for purposes of completing background studies
33.2 	pursuant to section 241.021.
33.3 	(i) Data on individuals collected according to licensing
33.4 	activities under chapters 245A and 245C, and data on individuals
33.5 	collected by the commissioner of human services according to
33.6 	maltreatment investigations under sections 626.556 and 626.557,
33.7 	may be shared with the Department of Human Rights, the
33.8 	Department of Health, the Department of Corrections, the
33.9 	Ombudsman for Mental Health and Retardation, and the
33.10 	individual's professional regulatory board when there is reason
33.11 	to believe that laws or standards under the jurisdiction of
33.12 	those agencies may have been violated.
33.13 	(j) In addition to the notice of determinations required
33.14 	under section 626.556, subdivision 10f, if the commissioner or
33.15 	the local social services agency has determined that an
33.16 	individual is a substantiated perpetrator of maltreatment of a
33.17 	child based on sexual abuse, as defined in section 626.556,
33.18 	subdivision 2, and the commissioner or local social services
33.19 	agency knows that the individual is a person responsible for a
33.20 	child's care in another facility, the commissioner or local
33.21 	social services agency shall notify the head of that facility of
33.22 	this determination.  The notification must include an
33.23 	explanation of the individual's available appeal rights and the
33.24 	status of any appeal.  If a notice is given under this
33.25 	paragraph, the government entity making the notification shall
33.26 	provide a copy of the notice to the individual who is the
33.27 	subject of the notice.
33.28 	
EFFECTIVE DATE. This section is effective the day
33.29 	following final enactment.

33.30 	Sec. 41. Minnesota Statutes 2004, section 13.591, is
33.31 	amended by adding a subdivision to read:
33.32 		Subd. 4.Classification of evaluative data; data
33.33 	sharing. (a) Data created or maintained by a government entity
33.34 	as part of the selection or evaluation process referred to in
33.35 	this section are protected nonpublic until completion of the
33.36 	selection process or completion of the evaluation process at
34.1 	which time the data are public with the exception of trade
34.2 	secret data as defined and classified in section 13.37.
34.3 	(b) If a state agency asks employees of other state
34.4 	agencies to assist with the selection of the responses to a
34.5 	request for bid or the evaluation of responses to a request for
34.6 	proposal, the state agency may share not public data in the
34.7 	responses with those employees.  The employees participating in
34.8 	the selection or evaluation may not further disseminate the not
34.9 	public data they review.

34.10 	Sec. 42. Minnesota Statutes 2004, section 13.591, is
34.11 	amended by adding a subdivision to read:
34.12 		Subd. 5.Internal competitive response. (a) For purposes
34.13 	of this subdivision, "internal competitive response" means a bid
34.14 	or proposal to provide government goods or services that is
34.15 	prepared by the staff of a government entity in competition with
34.16 	bids or proposals solicited by (1) the same government entity
34.17 	from the private sector or (2) a different government entity
34.18 	from the private sector.
34.19 	(b) Data in an internal competitive response is classified
34.20 	as private or nonpublic data until completion of the selection
34.21 	process or completion of the evaluation process at which time
34.22 	the data are public with the exception of trade secret data as
34.23 	defined and classified in section 13.37.

34.24 	Sec. 43. Minnesota Statutes 2004, section 13.601, is
34.25 	amended by adding a subdivision to read:
34.26 		Subd. 3.Applicants for election or appointment. The
34.27 	following data on all applicants for election or appointment to
34.28 	a public body, including those subject to chapter 13D, are
34.29 	public:  name, city of residence, education and training,
34.30 	employment history, volunteer work, awards and honors, and prior
34.31 	government service or experience.

34.32 	Sec. 44. Minnesota Statutes 2004, section 13.635, is
34.33 	amended by adding a subdivision to read:
34.34 		Subd. 1a.State board of investment. Certain government
34.35 	data of the State Board of Investment related to investments are
34.36 	classified under section 11A.24, subdivision 6.
35.1 	
EFFECTIVE DATE. This section is effective the day
35.2 	following final enactment.

35.3 	Sec. 45. Minnesota Statutes 2004, section 13.72, is
35.4 	amended by adding a subdivision to read:
35.5 		Subd. 11.Design-build transportation project. When the
35.6 	Department of Transportation undertakes a design-build
35.7 	transportation project as defined in section 161.3410,
35.8 	subdivision 6, the statement of qualification evaluation
35.9 	criteria and scoring methodology, statement of qualification
35.10 	evaluations, technical proposal evaluation criteria and scoring
35.11 	methodology, and technical proposal evaluations are classified
35.12 	as protected nonpublic data with regard to data not on
35.13 	individuals and as confidential data on individuals.  The
35.14 	statement of qualification evaluation criteria and scoring
35.15 	methodology and statement of qualification evaluations are
35.16 	public when the Department of Transportation announces the short
35.17 	list of qualified contractors.  The technical proposal
35.18 	evaluation criteria, scoring methodology, and technical proposal
35.19 	evaluations are public when the project is awarded.
35.20 	
EFFECTIVE DATE. This section is effective the day
35.21 	following final enactment.

35.22 	Sec. 46. Minnesota Statutes 2004, section 13.72, is
35.23 	amended by adding a subdivision to read:
35.24 		Subd. 12.Mediation data. All data received, created, or
35.25 	maintained by the commissioner of transportation or staff during
35.26 	the course of providing mediation services to employees are
35.27 	classified as nonpublic data with regard to data not on
35.28 	individuals and private data on individuals.
35.29 	
EFFECTIVE DATE. This section is effective the day
35.30 	following final enactment.

35.31 	Sec. 47. Minnesota Statutes 2004, section 13.72, is
35.32 	amended by adding a subdivision to read:
35.33 		Subd. 13.Transportation department data. When the
35.34 	commissioner of transportation determines that the design-build
35.35 	best value method of project delivery is appropriate for a
35.36 	project under sections 161.3410 to 161.3428, project
36.1 	right-of-way work maps, relocation reports, planimetric files,
36.2 	digital terrain models, preliminary design drawings,
36.3 	commissioner's orders, requests for proposals, and requests for
36.4 	qualifications are classified as protected nonpublic data with
36.5 	regard to data not on individuals and confidential data on
36.6 	individuals until the department publishes the data as part of
36.7 	the request for proposal process.  The commissioner may release
36.8 	design-build data to land owners, counties, cities, and other
36.9 	parties under contract to a government entity as necessary to
36.10 	facilitate project development.  The released data retain their
36.11 	classification as protected nonpublic data with regard to data
36.12 	not on individuals and confidential data on individuals as
36.13 	provided by section 13.03, subdivision 4, paragraph (c), until
36.14 	the department publishes the data as part of the request for
36.15 	proposal process.
36.16 	
EFFECTIVE DATE. This section is effective the day
36.17 	following final enactment.

36.18 	Sec. 48. Minnesota Statutes 2004, section 13.72, is
36.19 	amended by adding a subdivision to read:
36.20 		Subd. 14.Account data. The following data pertaining to
36.21 	applicants for or users of toll facilities, and high-occupancy
36.22 	vehicle lanes for which a user fee is charged under section
36.23 	169.03, are classified as nonpublic data with regard to data not
36.24 	on individuals and as private data with regard to data on
36.25 	individuals:  data contained in applications for the purchase,
36.26 	lease, or rental of a device such as an electronic vehicle
36.27 	transponder which automatically assesses charges for a vehicle's
36.28 	use of toll roads; personal and vehicle identification data;
36.29 	financial and credit data; and toll road usage data.  Nothing in
36.30 	this subdivision prohibits the production of summary data as
36.31 	defined in section 13.02, subdivision 19.
36.32 	
EFFECTIVE DATE. This section is effective the day
36.33 	following final enactment.

36.34 	Sec. 49. Minnesota Statutes 2004, section 13.82,
36.35 	subdivision 1, is amended to read:
36.36 		Subdivision 1.Application.  This section shall apply to
37.1 	agencies which carry on a law enforcement function, including
37.2 	but not limited to municipal police departments, county sheriff
37.3 	departments, fire departments, the Bureau of Criminal
37.4 	Apprehension, the Minnesota State Patrol, the Board of Peace
37.5 	Officer Standards and Training, the Division of Insurance Fraud
37.6 	Prevention in the Department of Commerce, and the program
37.7 	integrity section of, and county human service agency client and
37.8 	provider fraud prevention and control units operated or
37.9 	supervised by the Department of Human Services.
37.10 	
EFFECTIVE DATE. This section is effective the day
37.11 	following final enactment.

37.12 	Sec. 50. Minnesota Statutes 2004, section 13.82,
37.13 	subdivision 16, is amended to read:
37.14 		Subd. 16.Public access.  When data is classified as
37.15 	public under this section, a law enforcement agency shall not be
37.16 	required to make the actual physical data available to the
37.17 	public if it is not administratively feasible to segregate the
37.18 	public data from the confidential not public.  However, the
37.19 	agency must make the information described as public data
37.20 	available to the public in a reasonable manner.  When
37.21 	investigative data becomes inactive, as described in subdivision
37.22 	7, the actual physical data associated with that investigation,
37.23 	including the public data, shall be available for public access.
37.24 	
EFFECTIVE DATE. This section is effective the day
37.25 	following final enactment.

37.26 	Sec. 51. Minnesota Statutes 2004, section 16C.06,
37.27 	subdivision 5, is amended to read:
37.28 		Subd. 5.State as responder.  The head of an agency, in
37.29 	consultation with the requesting agency and the commissioner,
37.30 	may respond to a solicitation or request if the goods and
37.31 	services meet the needs of the requesting agency and provide the
37.32 	state with the best value.  When an agency responds to a
37.33 	solicitation, all work product relating to the response is
37.34 	nonpublic data as defined in section 13.02, and shall become
37.35 	public information in accordance with subdivision 3 classified
37.36 	by section 13.591, subdivision 4.

38.1 	Sec. 52. [41A.0235] BOARD MEETINGS BY TELEPHONE OR OTHER
38.2 	ELECTRONIC MEANS.
38.3 	(a) If compliance with section 13D.02 is impractical, the
38.4 	Minnesota Agricultural and Economic Development Board may
38.5 	conduct a meeting of its members by telephone or other
38.6 	electronic means so long as the following conditions are met:
38.7 	(1) all members of the board participating in the meeting,
38.8 	wherever their physical location, can hear one another and can
38.9 	hear all discussion and testimony;
38.10 	(2) members of the public present at the regular meeting
38.11 	location of the board can hear clearly all discussion and
38.12 	testimony and all votes of members of the board;
38.13 	(3) at least one member of the board is physically present
38.14 	at the regular meeting location; and 
38.15 	(4) all votes are conducted by roll call, so each member's
38.16 	vote on each issue can be identified and recorded.
38.17 	(b) Each member of the board participating in a meeting by
38.18 	telephone or other electronic means is considered present at the
38.19 	meeting for purposes of determining a quorum and participating
38.20 	in all proceedings.
38.21 	(c) If telephone or other electronic means is used to
38.22 	conduct a meeting, the board, to the extent practical, shall
38.23 	allow a person to monitor the meeting electronically from a
38.24 	remote location.  The board may require the person making such a
38.25 	connection to pay for documented marginal costs that the board
38.26 	incurs as a result of the additional connection.
38.27 	(d) If telephone or other electronic means is used to
38.28 	conduct a regular, special, or emergency meeting, the board
38.29 	shall provide notice of the regular meeting location, of the
38.30 	fact that some members may participate by telephone or other
38.31 	electronic means, and of the provisions of paragraph (c).  The
38.32 	timing and method of providing notice is governed by section
38.33 	13D.04.

38.34 	Sec. 53. Minnesota Statutes 2004, section 116J.68, is
38.35 	amended by adding a subdivision to read:
38.36 		Subd. 5.Advisory board meetings. (a) If compliance with
39.1 	section 13D.02 is impractical, the Small Business Development
39.2 	Center Advisory Board, created pursuant to United State Code,
39.3 	title 15, section 648, may conduct a meeting of its members by
39.4 	telephone or other electronic means so long as the following
39.5 	conditions are met:
39.6 	(1) all members of the board participating in the meeting,
39.7 	wherever their physical location, can hear one another and can
39.8 	hear all discussion and testimony;
39.9 	(2) members of the public present at the regular meeting
39.10 	location of the board can hear clearly all discussion and
39.11 	testimony and all votes of members of the board;
39.12 	(3) at least one member of the board is physically present
39.13 	at the regular meeting location; and 
39.14 	(4) all votes are conducted by roll call, so each member's
39.15 	vote on each issue can be identified and recorded.
39.16 	(b) Each member of the board participating in a meeting by
39.17 	telephone or other electronic means is considered present at the
39.18 	meeting for purposes of determining a quorum and participating
39.19 	in all proceedings.
39.20 	(c) If telephone or other electronic means is used to
39.21 	conduct a meeting, the board, to the extent practical, shall
39.22 	allow a person to monitor the meeting electronically from a
39.23 	remote location.  The board may require the person making such a
39.24 	connection to pay for documented marginal costs that the board
39.25 	incurs as a result of the additional connection.
39.26 	(d) If telephone or other electronic means is used to
39.27 	conduct a regular, special, or emergency meeting, the board
39.28 	shall provide notice of the regular meeting location, of the
39.29 	fact that some members may participate by telephone or other
39.30 	electronic means, and of the provisions of paragraph (c).  The
39.31 	timing and method of providing notice is governed by section
39.32 	13D.04.

39.33 	Sec. 54. Minnesota Statutes 2004, section 116L.03, is
39.34 	amended by adding a subdivision to read:
39.35 		Subd. 8.Board meetings. (a) If compliance with section
39.36 	13D.02 is impractical, the Minnesota Job Skills Partnership
40.1 	Board may conduct a meeting of its members by telephone or other
40.2 	electronic means so long as the following conditions are met:
40.3 	(1) all members of the board participating in the meeting,
40.4 	wherever their physical location, can hear one another and can
40.5 	hear all discussion and testimony;
40.6 	(2) members of the public present at the regular meeting
40.7 	location of the board can hear clearly all discussion and
40.8 	testimony and all votes of members of the board;
40.9 	(3) at least one member of the board is physically present
40.10 	at the regular meeting location; and 
40.11 	(4) all votes are conducted by roll call, so each member's
40.12 	vote on each issue can be identified and recorded.
40.13 	(b) Each member of the board participating in a meeting by
40.14 	telephone or other electronic means is considered present at the
40.15 	meeting for purposes of determining a quorum and participating
40.16 	in all proceedings.
40.17 	(c) If telephone or other electronic means is used to
40.18 	conduct a meeting, the board, to the extent practical, shall
40.19 	allow a person to monitor the meeting electronically from a
40.20 	remote location.  The board may require the person making such a
40.21 	connection to pay for documented marginal costs that the board
40.22 	incurs as a result of the additional connection.
40.23 	(d) If telephone or other electronic means is used to
40.24 	conduct a regular, special, or emergency meeting, the board
40.25 	shall provide notice of the regular meeting location, of the
40.26 	fact that some members may participate by telephone or other
40.27 	electronic means, and of the provisions of paragraph (c).  The
40.28 	timing and method of providing notice is governed by section
40.29 	13D.04.

40.30 	Sec. 55. Minnesota Statutes 2004, section 116L.665, is
40.31 	amended by adding a subdivision to read:
40.32 		Subd. 2a.Council meetings. (a) If compliance with
40.33 	section 13D.02 is impractical, the Governor's Workforce
40.34 	Development Council may conduct a meeting of its members by
40.35 	telephone or other electronic means so long as the following
40.36 	conditions are met:
41.1 	(1) all members of the council participating in the
41.2 	meeting, wherever their physical location, can hear one another
41.3 	and can hear all discussion and testimony;
41.4 	(2) members of the public present at the regular meeting
41.5 	location of the council can hear clearly all discussion and
41.6 	testimony and all votes of members of the council;
41.7 	(3) at least one member of the council is physically
41.8 	present at the regular meeting location; and 
41.9 	(4) all votes are conducted by roll call, so each member's
41.10 	vote on each issue can be identified and recorded.
41.11 	(b) Each member of the council participating in a meeting
41.12 	by telephone or other electronic means is considered present at
41.13 	the meeting for purposes of determining a quorum and
41.14 	participating in all proceedings.
41.15 	(c) If telephone or other electronic means is used to
41.16 	conduct a meeting, the council, to the extent practical, shall
41.17 	allow a person to monitor the meeting electronically from a
41.18 	remote location.  The council may require the person making such
41.19 	a connection to pay for documented marginal costs that the
41.20 	council incurs as a result of the additional connection.
41.21 	(d) If telephone or other electronic means is used to
41.22 	conduct a regular, special, or emergency meeting, the council
41.23 	shall provide notice of the regular meeting location, of the
41.24 	fact that some members may participate by telephone or other
41.25 	electronic means, and of the provisions of paragraph (c).  The
41.26 	timing and method of providing notice is governed by section
41.27 	13D.04.

41.28 	Sec. 56. Minnesota Statutes 2004, section 116M.15, is
41.29 	amended by adding a subdivision to read:
41.30 		Subd. 5.Board meeting. (a) If compliance with section
41.31 	13D.02 is impractical, the Urban Initiative Board may conduct a
41.32 	meeting of its members by telephone or other electronic means so
41.33 	long as the following conditions are met:
41.34 	(1) all members of the board participating in the meeting,
41.35 	wherever their physical location, can hear one another and can
41.36 	hear all discussion and testimony;
42.1 	(2) members of the public present at the regular meeting
42.2 	location of the board can hear clearly all discussion and
42.3 	testimony and all votes of members of the board;
42.4 	(3) at least one member of the board is physically present
42.5 	at the regular meeting location; and 
42.6 	(4) all votes are conducted by roll call, so each member's
42.7 	vote on each issue can be identified and recorded.
42.8 	(b) Each member of the board participating in a meeting by
42.9 	telephone or other electronic means is considered present at the
42.10 	meeting for purposes of determining a quorum and participating
42.11 	in all proceedings.
42.12 	(c) If telephone or other electronic means is used to
42.13 	conduct a meeting, the board, to the extent practical, shall
42.14 	allow a person to monitor the meeting electronically from a
42.15 	remote location.  The board may require the person making such a
42.16 	connection to pay for documented marginal costs that the board
42.17 	incurs as a result of the additional connection.
42.18 	(d) If telephone or other electronic means is used to
42.19 	conduct a regular, special, or emergency meeting, the board
42.20 	shall provide notice of the regular meeting location, of the
42.21 	fact that some members may participate by telephone or other
42.22 	electronic means, and of the provisions of paragraph (c).  The
42.23 	timing and method of providing notice is governed by section
42.24 	13D.04.

42.25 	Sec. 57. Minnesota Statutes 2004, section 116U.25, is
42.26 	amended to read:
42.27 	116U.25 EXPLORE MINNESOTA TOURISM COUNCIL.
42.28 	(a) The director shall be advised by the Explore Minnesota
42.29 	Tourism Council consisting of up to 28 voting members appointed
42.30 	by the governor for four-year terms, including:
42.31 	(1) the director of Explore Minnesota Tourism who serves as
42.32 	the chair;
42.33 	(2) eleven representatives of statewide associations
42.34 	representing bed and breakfast establishments, golf, festivals
42.35 	and events, counties, convention and visitor bureaus, lodging,
42.36 	resorts, trails, campgrounds, restaurants, and chambers of
43.1 	commerce;
43.2 	(3) one representative from each of the four tourism
43.3 	marketing regions of the state as designated by the office;
43.4 	(4) six representatives of the tourism business
43.5 	representing transportation, retail, travel agencies, tour
43.6 	operators, travel media, and convention facilities;
43.7 	(5) one or more ex-officio nonvoting members including at
43.8 	least one from the University of Minnesota Tourism Center;
43.9 	(6) four legislators, two from each house, one each from
43.10 	the two largest political party caucuses in each house,
43.11 	appointed according to the rules of the respective houses; and
43.12 	(7) other persons, if any, as designated from time to time
43.13 	by the governor.
43.14 	(b) The council shall act to serve the broader interests of
43.15 	tourism in Minnesota by promoting activities that support,
43.16 	maintain, and expand the state's domestic and international
43.17 	travel market, thereby generating increased visitor
43.18 	expenditures, tax revenue, and employment.
43.19 	(c) Filling of membership vacancies is as provided in
43.20 	section 15.059.  The terms of one-half of the members shall be
43.21 	coterminous with the governor and the terms of the remaining
43.22 	one-half of the members shall end on the first Monday in January
43.23 	one year after the terms of the other members.  Members may
43.24 	serve until their successors are appointed and qualify.  Members
43.25 	are not compensated.  A member may be reappointed.
43.26 	(d) The council shall meet at least four times per year and
43.27 	at other times determined by the council.  Notwithstanding
43.28 	section 15.059, the council does not expire.
43.29 	(e) If compliance with section 13D.02 is impractical, the
43.30 	Explore Minnesota Tourism Council may conduct a meeting of its
43.31 	members by telephone or other electronic means so long as the
43.32 	following conditions are met:
43.33 	(1) all members of the council participating in the
43.34 	meeting, wherever their physical location, can hear one another
43.35 	and can hear all discussion and testimony;
43.36 	(2) members of the public present at the regular meeting
44.1 	location of the council can hear clearly all discussion and
44.2 	testimony and all votes of members of the council;
44.3 	(3) at least one member of the council is physically
44.4 	present at the regular meeting location; and 
44.5 	(4) all votes are conducted by roll call, so each member's
44.6 	vote on each issue can be identified and recorded.
44.7 	(f) Each member of the council participating in a meeting
44.8 	by telephone or other electronic means is considered present at
44.9 	the meeting for purposes of determining a quorum and
44.10 	participating in all proceedings.
44.11 	(g) If telephone or other electronic means is used to
44.12 	conduct a meeting, the council, to the extent practical, shall
44.13 	allow a person to monitor the meeting electronically from a
44.14 	remote location.  The council may require the person making such
44.15 	a connection to pay for documented marginal costs that the
44.16 	council incurs as a result of the additional connection.
44.17 	(h) If telephone or other electronic means is used to
44.18 	conduct a regular, special, or emergency meeting, the council
44.19 	shall provide notice of the regular meeting location, of the
44.20 	fact that some members may participate by telephone or other
44.21 	electronic means, and of the provisions of paragraph (g).  The
44.22 	timing and method of providing notice is governed by section
44.23 	13D.04.

44.24 	Sec. 58. Minnesota Statutes 2004, section 168.346, is
44.25 	amended to read:
44.26 	168.346 PRIVACY OF NAME OR RESIDENCE ADDRESS PERSONAL
44.27 	INFORMATION.
44.28 	(a) The registered owner of a motor vehicle may request in
44.29 	writing that the owner's residence address or name and residence
44.30 	address be classified as private data on individuals, as defined
44.31 	in section 13.02, subdivision 12.  The commissioner shall grant
44.32 	the classification upon receipt of a signed statement by the
44.33 	owner that the classification is required for the safety of the
44.34 	owner or the owner's family, if the statement also provides a
44.35 	valid, existing address where the owner consents to receive
44.36 	service of process.  The commissioner shall use the mailing
45.1 	address in place of the residence address in all documents and
45.2 	notices pertaining to the motor vehicle.  The residence address
45.3 	or name and residence address and any information provided in
45.4 	the classification request, other than the mailing address, are
45.5 	private data on individuals and may be provided to requesting
45.6 	law enforcement agencies, probation and parole agencies, and
45.7 	public authorities, as defined in section 518.54, subdivision
45.8 	9.Subdivision 1.[VEHICLE REGISTRATION DATA; FEDERAL
45.9 	COMPLIANCE.] (a) Data on an individual provided to register a
45.10 	vehicle shall be disclosed as provided by United States Code,
45.11 	title 18, section 2721, subsection (a).
45.12 	(b) An individual The registered owner of a motor vehicle
45.13 	must be informed in a clear and conspicuous manner on the forms
45.14 	for issuance or renewal of titles and registrations, that the
45.15 	owner's personal information who is an individual may be
45.16 	disclosed consent in writing to the commissioner to disclose the
45.17 	individual's personal information exempted by United States
45.18 	Code, title 18, section 2721, subsection (b),to any person who
45.19 	makes a written request for the personal information, and that,
45.20 	except for uses permitted by United States Code, title 18,
45.21 	section 2721, subsection (b),.  If the registered owner may
45.22 	prohibit disclosure of the personal information by so indicating
45.23 	on the form is an individual and so authorizes disclosure, the
45.24 	commissioner shall implement the request. For purposes of this
45.25 	paragraph, access by requesters making requests described in
45.26 	section 168.345, subdivision 4, is deemed to be related to
45.27 	public safety.
45.28 	(c) At the time of registration or renewal,If authorized
45.29 	by the individual registered owner of a motor vehicle must also
45.30 	be informed in a clear and conspicuous manner on forms that as
45.31 	indicated in paragraph (b),the registered owner's personal
45.32 	information may be used, rented, or sold solely for bulk
45.33 	distribution by organizations for business purposes including
45.34 	surveys, marketing, and or solicitation. The commissioner shall
45.35 	implement methods and procedures that enable the registered
45.36 	owner to request that bulk surveys, marketing, or solicitation
46.1 	not be directed to the owner.  If the registered owner so
46.2 	requests, the commissioner shall implement the request in a
46.3 	timely manner and the personal information may not be so used.
46.4 	(d) Subd. 2.[PERSONAL INFORMATION DISCLOSURE FOR PUBLIC
46.5 	SAFETY.] The commissioner shall disclose personal information
46.6 	when the use is related to the operation or use of a motor 
46.7 	vehicle or to public safety.  The use of personal information is
46.8 	related to public safety if it concerns the physical safety or
46.9 	security of drivers, vehicles, pedestrians, or property.  The
46.10 	commissioner may refuse to disclose data under this paragraph 
46.11 	subdivision when the commissioner concludes that the requester
46.12 	is likely to use the data for illegal, improper, or
46.13 	noninvestigative purposes.
46.14 	(e) To the extent permitted by United States Code, title
46.15 	18, section 2721, data on individuals provided to register a
46.16 	motor vehicle is public data on individuals and shall be
46.17 	disclosed as permitted by United States Code, title 18, section
46.18 	2721, subsection (b).Subd. 3.[PRIVACY CLASSIFICATION FOR
46.19 	PERSONAL SAFETY.] The registered owner of a vehicle who is an
46.20 	individual may request, in writing, that the registered owner's
46.21 	residence address or name and residence address be classified as
46.22 	"private data on individuals," as defined in section 13.02,
46.23 	subdivision 12.  The commissioner shall grant the classification
46.24 	on receipt of a signed statement by the registered owner that
46.25 	the classification is required for the safety of the registered
46.26 	owner or the registered owner's family, if the statement also
46.27 	provides a valid, existing address where the registered owner
46.28 	consents to receive service of process.  The commissioner shall
46.29 	use the service of process mailing address in place of the
46.30 	registered owner's residence address in all documents and
46.31 	notices pertaining to the vehicle.  The residence address or
46.32 	name and residence address and any information provided in the
46.33 	classification request, other than the individual's service for
46.34 	process mailing address, are private data on individuals but may
46.35 	be provided to requesting law enforcement agencies, probation
46.36 	and parole agencies, and public authorities, as defined in
47.1 	section 518.54, subdivision 9.

47.2 	Sec. 59. Minnesota Statutes 2004, section 168A.04, is
47.3 	amended by adding a subdivision to read:
47.4 		Subd. 2a.Alternate mailing address. If the United
47.5 	States Postal Service will not deliver mail to the residence
47.6 	address of a registered owner who is an individual as listed on
47.7 	the title application, then the registered owner must provide
47.8 	verification from the United States Postal Service that mail
47.9 	will not be delivered to the registered owner's residence
47.10 	address and that mail will be delivered to a specified alternate
47.11 	mailing address.  When an applicant provides an alternate
47.12 	mailing address under this subdivision, the commissioner shall
47.13 	use the alternate mailing address in lieu of the residence
47.14 	address for all notices and mailings to the registered owner.

47.15 	Sec. 60. Minnesota Statutes 2004, section 169.09,
47.16 	subdivision 1, is amended to read:
47.17 		Subdivision 1.Driver to stop for accident with
47.18 	person individual.  The driver of any motor vehicle involved in
47.19 	an accident resulting in immediately demonstrable bodily injury
47.20 	to or death of any person individual shall immediately stop the
47.21 	vehicle at the scene of the accident, or as close to the scene
47.22 	as possible,but shall then return to and in every event,shall
47.23 	remain at,the scene of the accident,until the driver has
47.24 	fulfilled the requirements of this chapter section as to the
47.25 	giving of information.  The stop shall must be made without
47.26 	unnecessarily obstructing traffic.

47.27 	Sec. 61. Minnesota Statutes 2004, section 169.09,
47.28 	subdivision 2, is amended to read:
47.29 		Subd. 2.Driver to stop for accident to property.  The
47.30 	driver of any motor vehicle involved in an accident to a vehicle
47.31 	which is driven or attended by any person individual shall
47.32 	immediately stop such the motor vehicle at the scene of such the 
47.33 	accident, or as close thereto to the accident as possible,but
47.34 	shall forthwith return to,and in every event shall remain at,
47.35 	the scene of the accident,until the driver has fulfilled the
47.36 	requirements of this chapter section as to the giving of
48.1 	information. Every such The stop shall must be made without
48.2 	unnecessarily obstructing traffic more than is necessary.

48.3 	Sec. 62. Minnesota Statutes 2004, section 169.09,
48.4 	subdivision 3, is amended to read:
48.5 		Subd. 3.Driver to give information.  (a) The driver of
48.6 	any motor vehicle involved in an accident resulting in bodily
48.7 	injury to or death of any person individual, or damage to any
48.8 	vehicle which is driven or attended by any person individual,
48.9 	shall stop and give the driver's name, address, and date of
48.10 	birth and the registration plate number of the vehicle being
48.11 	driven, and .  The driver shall, upon request and if available,
48.12 	exhibit the driver's license or permit to drive to the person 
48.13 	individual struck or the driver or occupant of or person 
48.14 	individual attending any vehicle collided with.  The driver also
48.15 	shall give the information and upon request exhibit the license
48.16 	or permit to any police peace officer at the scene of the
48.17 	accident or who is investigating the accident.  The driver shall
48.18 	render reasonable assistance to any person individual injured in
48.19 	the accident.
48.20 	(b) If not given at the scene of the accident, the driver,
48.21 	within 72 hours thereafter after the accident, shall give upon ,
48.22 	on request to any person individual involved in the accident or
48.23 	to a peace officer investigating the accident,the name and
48.24 	address of the insurer providing automobile vehicle liability
48.25 	insurance coverage, and the local insurance agent for the
48.26 	insurer.

48.27 	Sec. 63. Minnesota Statutes 2004, section 169.09,
48.28 	subdivision 4, is amended to read:
48.29 		Subd. 4.Collision with unattended vehicle.  The driver
48.30 	of any motor vehicle which that collides with and damages any
48.31 	vehicle which that is unattended shall immediately stop and
48.32 	either locate and notify the driver or owner of the vehicle of
48.33 	the name and address of the driver and registered owner of the
48.34 	vehicle striking the unattended vehicle, shall report the this 
48.35 	same information to a police peace officer, or shall leave in a
48.36 	conspicuous place in or secured to the vehicle struck,a written
49.1 	notice giving the name and address of the driver and of
49.2 	the registered owner of the vehicle doing the striking.

49.3 	Sec. 64. Minnesota Statutes 2004, section 169.09,
49.4 	subdivision 5, is amended to read:
49.5 		Subd. 5.Notify owner of damaged property.  The driver of
49.6 	any vehicle involved in an accident resulting only in damage to
49.7 	fixtures legally upon or adjacent to a highway shall take
49.8 	reasonable steps to locate and notify the owner or person in
49.9 	charge of such the property of such that fact and ,of the
49.10 	driver's name and address,and of the registration plate number
49.11 	of the vehicle being driven and shall, upon request and if
49.12 	available, exhibit the driver's or chauffeur's license, and make
49.13 	report of such the accident in every case.  The report shall 
49.14 	must be made in the same manner as a report made pursuant to
49.15 	subdivision 7.

49.16 	Sec. 65. Minnesota Statutes 2004, section 169.09,
49.17 	subdivision 6, is amended to read:
49.18 		Subd. 6.notify police notice of personal injury.  The
49.19 	driver of a vehicle involved in an accident resulting in bodily
49.20 	injury to or death of any person individual shall, after
49.21 	compliance with the provisions of this section,and by the
49.22 	quickest means of communication, give notice of the accident to
49.23 	the local police department,if the accident occurs within a
49.24 	municipality, or to a State Patrol officer if the accident
49.25 	occurs on a trunk highway, or to the office of the sheriff of
49.26 	the county.

49.27 	Sec. 66. Minnesota Statutes 2004, section 169.09,
49.28 	subdivision 7, is amended to read:
49.29 		Subd. 7.Accident report to commissioner. (a) The driver
49.30 	of a vehicle involved in an accident resulting in bodily injury
49.31 	to or death of any person individual or total property damage to
49.32 	an apparent extent of $1,000 or more, shall forward a written
49.33 	report of the accident to the commissioner of public safety
49.34 	within ten days thereof of the accident.  On the required
49.35 	report, the driver shall provide the commissioner with the name
49.36 	and policy number of the insurer providing vehicle
50.1 	liability insurance coverage at the time of the accident.
50.2 	(b) On determining that the original report of any driver
50.3 	of a vehicle involved in an accident of which report must be
50.4 	made as provided in this section is insufficient, the
50.5 	commissioner of public safety may require the driver to file
50.6 	supplementary reports information.

50.7 	Sec. 67. Minnesota Statutes 2004, section 169.09,
50.8 	subdivision 8, is amended to read:
50.9 		Subd. 8.Officer to report accident to commissioner.
 50.10 	A law enforcement peace officer who, in the regular course of
50.11 	duty, investigates a motor vehicle an accident that must be
50.12 	reported under this section shall, within ten days after the
50.13 	date of the accident, forward an electronic or written report of
50.14 	the accident to as prescribed by the commissioner of public
50.15 	safety.

50.16 	Sec. 68. Minnesota Statutes 2004, section 169.09,
50.17 	subdivision 9, is amended to read:
50.18 		Subd. 9.Accident report forms format.  The Department 
50.19 	commissioner of public safety shall prepare electronic or
50.20 	written forms prescribe the format for the accident reports
50.21 	required under this section.  Upon request the
50.22 	department commissioner shall supply make available the forms 
50.23 	format to police departments, coroners, sheriffs, garages, and
50.24 	other suitable agencies or individuals. The forms must be
50.25 	appropriate with respect to the persons required to make the
50.26 	reports and the purposes to be served.The electronic or
50.27 	written report forms to be completed by persons individuals 
50.28 	involved in accidents and by investigating peace officers
50.29 	must call for sufficiently detailed information to disclose with
50.30 	reference to a traffic accident the causes, existing conditions
50.31 	then existing, and the persons individuals and vehicles involved.

50.32 	Sec. 69. Minnesota Statutes 2004, section 169.09,
50.33 	subdivision 11, is amended to read:
50.34 		Subd. 11.Coroner to report death.  Every coroner or
50.35 	other official performing like functions shall report in writing
50.36 	to the Department commissioner of public safety the death of any
51.1 	person individual within the coroner's jurisdiction as the
51.2 	result of an accident involving a motor vehicle and the
51.3 	circumstances of the accident.  The report shall must be made
51.4 	within 15 days after the death.
51.5 	In the case of drivers killed in motor vehicle accidents
51.6 	and of the death of pedestrians 16 years of age or older, who
51.7 	die within four hours after an accident, the coroner or other
51.8 	official performing like functions shall examine the body and
51.9 	shall make tests as are necessary to determine the presence and
51.10 	percentage concentration of alcohol, and drugs if feasible, in
51.11 	the blood of the victim.  This information shall must be
51.12 	included in each report submitted pursuant to the provisions of
51.13 	this subdivision and shall be tabulated on a monthly basis by
51.14 	the Department commissioner of public safety.  This information
51.15 	may be used only for statistical purposes which that do not
51.16 	reveal the identity of the deceased.

51.17 	Sec. 70. Minnesota Statutes 2004, section 169.09,
51.18 	subdivision 12, is amended to read:
51.19 		Subd. 12.Garage to report bullet damage.  The
51.20 	person individual in charge of any garage or repair shop to
51.21 	which is brought any motor vehicle which that shows evidence of
51.22 	having been struck by any bullet shall immediately report to the
51.23 	local police or sheriff and to the commissioner of public safety
51.24 	within 24 hours after such motor the vehicle is received, giving
51.25 	the engine number if any, registration plate number,and the
51.26 	name and address of the registered owner or operator of such the 
51.27 	vehicle.

51.28 	Sec. 71. Minnesota Statutes 2004, section 169.09,
51.29 	subdivision 14, is amended to read:
51.30 		Subd. 14.Penalties.  (a) The driver of any vehicle who
51.31 	violates subdivision 1 or 6 and who did not cause the accident
51.32 	is punishable as follows:
51.33 	(1) if the accident results in the death of any person 
51.34 	individual, the driver is guilty of a felony and may be
51.35 	sentenced to imprisonment for not more than three years, or to
51.36 	payment of a fine of not more than $5,000, or both;
52.1 	(2) if the accident results in great bodily harm to any
52.2 	person individual, as defined in section 609.02, subdivision 8,
52.3 	the driver is guilty of a felony and may be sentenced to
52.4 	imprisonment for not more than two years, or to payment of a
52.5 	fine of not more than $4,000, or both; or
52.6 	(3) if the accident results in substantial bodily harm to
52.7 	any person individual, as defined in section 609.02, subdivision
52.8 	7a, the driver may be sentenced to imprisonment for not more
52.9 	than one year, or to payment of a fine of not more than $3,000,
52.10 	or both.
52.11 	(b) The driver of any vehicle involved in an accident not
52.12 	resulting in substantial bodily harm or death who violates
52.13 	subdivision 1 or 6 may be sentenced to imprisonment for not more
52.14 	than one year, or to payment of a fine of not more than $3,000,
52.15 	or both.
52.16 	(c) Any person who violates subdivision 2, 3, 4, 5, 7, 8,
52.17 	10,11, or 12 is guilty of a misdemeanor.
52.18 	(d) The attorney in the jurisdiction in which the violation
52.19 	occurred who is responsible for prosecution of misdemeanor
52.20 	violations of this section shall also be responsible for
52.21 	prosecution of gross misdemeanor violations of this section.

52.22 	Sec. 72. Minnesota Statutes 2004, section 169.09,
52.23 	subdivision 15, is amended to read:
52.24 		Subd. 15.Defense.  It is an affirmative defense to
52.25 	prosecution under subdivisions 1, 2, and 6 that the driver left
52.26 	the scene of the accident to take any person individual 
52.27 	suffering immediately demonstrable bodily injury in the accident
52.28 	to receive emergency medical care if the driver of the involved
52.29 	vehicle gives notice to a law enforcement agency as required by
52.30 	subdivision 6 as soon as reasonably feasible after the emergency
52.31 	medical care has been undertaken.

52.32 	Sec. 73. Minnesota Statutes 2004, section 169.09, is
52.33 	amended by adding a subdivision to read:
52.34 		Subd. 16.Commissioner as agent for service of
52.35 	process. The use and operation by a resident of this state or
52.36 	the resident's agent, or by a nonresident or the nonresident's
53.1 	agent, of a motor vehicle within the state of Minnesota, is
53.2 	deemed an irrevocable appointment by the resident if absent from
53.3 	this state continuously for six months or more following an
53.4 	accident, or by the nonresident at any time, of the commissioner
53.5 	of public safety to be the resident's or nonresident's true and
53.6 	lawful attorney upon whom may be served all legal process in any
53.7 	action or proceeding against the resident or nonresident or the
53.8 	executor, administrator, or personal representative of the
53.9 	resident or nonresident growing out of the use and operation of
53.10 	a motor vehicle within this state, resulting in damages or loss
53.11 	to person or property, whether the damage or loss occurs on a
53.12 	highway or on abutting public or private property.  This
53.13 	appointment is binding upon the nonresident's executor,
53.14 	administrator, or personal representative.  The use or operation
53.15 	of a motor vehicle by the resident or nonresident is a
53.16 	signification of agreement that any process in any action
53.17 	against the resident or nonresident or executor, administrator,
53.18 	or personal representative of the resident or nonresident that
53.19 	is so served has the same legal force and validity as if served
53.20 	upon the resident or nonresident personally or on the executor,
53.21 	administrator, or personal representative of the resident or
53.22 	nonresident.  Service of process must be made by serving a copy
53.23 	thereof upon the commissioner or by filing a copy in the
53.24 	commissioner's office, together with payment of a fee of $20,
53.25 	and is deemed sufficient service upon the absent resident or the
53.26 	nonresident or the executor, administrator, or personal
53.27 	representative of the resident or nonresident; provided that
53.28 	notice of service and a copy of the process are sent by mail by
53.29 	the plaintiff within ten days to the defendant at the
53.30 	defendant's last known address and that the plaintiff's
53.31 	affidavit of compliance with the provisions of this chapter is
53.32 	attached to the summons.

53.33 	Sec. 74. Minnesota Statutes 2004, section 169.09, is
53.34 	amended by adding a subdivision to read:
53.35 		Subd. 17.Continuance of court proceeding; costs. The
53.36 	court in which the action is pending may order a continuance as
54.1 	may be necessary to afford the defendant reasonable opportunity
54.2 	to defend the action, not exceeding 90 days from the date of
54.3 	filing of the action in that court.  The fee of $20 paid by the
54.4 	plaintiff to the commissioner at the time of service of the
54.5 	proceedings must be taxed in the plaintiff's cost if the
54.6 	plaintiff prevails in the suit.  The commissioner shall keep a
54.7 	record of all processes so served, which must show the day and
54.8 	hour of service.

54.9 	Sec. 75. Minnesota Statutes 2004, section 171.07,
54.10 	subdivision 1, is amended to read:
54.11 		Subdivision 1.License; contents.  (a) Upon the payment
54.12 	of the required fee, the department shall issue to every
54.13 	qualifying applicant a license designating the type or class of
54.14 	vehicles the applicant is authorized to drive as applied for.
54.15 	This license must bear a distinguishing number assigned to the
54.16 	licensee,;the licensee's full name, date of birth, and 
54.17 	residence address and permanent mailing address if different,;a
54.18 	description of the licensee in a manner as the commissioner
54.19 	deems necessary,;and the usual signature of the licensee.  No
54.20 	license is valid unless it bears the usual signature of the
54.21 	licensee.  Every license must bear a colored photograph or an
54.22 	electronically produced image of the licensee.
54.23 	(b) If the United States Postal Service will not deliver
54.24 	mail to the applicant's residence address as listed on the
54.25 	license, then the applicant shall provide verification from the
54.26 	United States Postal Service that mail will not be delivered to
54.27 	the applicant's residence address and that mail will be
54.28 	delivered to a specified alternate mailing address.  When an
54.29 	applicant provides an alternate mailing address under this
54.30 	subdivision, the commissioner shall use the alternate mailing
54.31 	address in lieu of the applicant's residence address for all
54.32 	notices and mailings to the applicant.
54.33 	(c) Every license issued to an applicant under the age of
54.34 	21 must be of a distinguishing color and plainly marked
54.35 	"Under-21."
54.36 	(c) (d) The department shall use processes in issuing a
55.1 	license that prohibit, as nearly as possible, the ability to
55.2 	alter or reproduce a license, or prohibit the ability to
55.3 	superimpose a photograph or electronically produced image on a
55.4 	license, without ready detection.
55.5 	(d) (e) A license issued to an applicant age 65 or over
55.6 	must be plainly marked "senior" if requested by the applicant.

55.7 	Sec. 76. Minnesota Statutes 2004, section 171.07,
55.8 	subdivision 3, is amended to read:
55.9 		Subd. 3.Identification card; fee.  (a) Upon payment of
55.10 	the required fee, the department shall issue to every qualifying
55.11 	applicant a Minnesota identification card.  The department may
55.12 	not issue a Minnesota identification card to a person an
55.13 	individual who has a driver's license, other than a limited
55.14 	license.  The card must bear a distinguishing number assigned to
55.15 	the applicant; a colored photograph or an electronically
55.16 	produced image of the applicant; the applicant's full name, date
55.17 	of birth, and residence address; a description of the applicant
55.18 	in the manner as the commissioner deems necessary; and the usual
55.19 	signature of the applicant.
55.20 	(b) If the United States Postal Service will not deliver
55.21 	mail to the applicant's residence address as listed on the
55.22 	Minnesota identification card, then the applicant shall provide
55.23 	verification from the United States Postal Service that mail
55.24 	will not be delivered to the applicant's residence address and
55.25 	that mail will be delivered to a specified alternate mailing
55.26 	address.  When an applicant provides an alternate mailing
55.27 	address under this subdivision, the commissioner shall use the
55.28 	alternate mailing address in lieu of the applicant's residence
55.29 	address for all notices and mailings to the applicant.
55.30 	(c) Each identification card issued to an applicant under
55.31 	the age of 21 must be of a distinguishing color and plainly
55.32 	marked "Under-21."
55.33 	(c) (d) Each Minnesota identification card must be plainly
55.34 	marked "Minnesota identification card - not a driver's license."
55.35 	(d) (e) The fee for a Minnesota identification card is 50
55.36 	cents when issued to a person who is mentally retarded, as
56.1 	defined in section 252A.02, subdivision 2; a physically disabled
56.2 	person, as defined in section 169.345, subdivision 2; or, a
56.3 	person with mental illness, as described in section 245.462,
56.4 	subdivision 20, paragraph (c).

56.5 	Sec. 77. Minnesota Statutes 2004, section 171.12,
56.6 	subdivision 7, is amended to read:
56.7 		Subd. 7.Privacy of residence address data.  (a) An
56.8 	applicant for Data on individuals provided to obtain a driver's
56.9 	license or a Minnesota identification card may request that the
56.10 	applicant's residence address be classified as private data on
56.11 	individuals, as defined in section 13.02, subdivision 12.  The
56.12 	commissioner shall grant the classification upon receipt of a
56.13 	signed statement by the individual that the classification is
56.14 	required for the safety of the applicant or the applicant's
56.15 	family, if the statement also provides a valid, existing address
56.16 	where the applicant consents to receive service of process.  The
56.17 	commissioner shall use the mailing address in place of the
56.18 	residence address in all documents and notices pertaining to the
56.19 	driver's license or identification card.  The residence address
56.20 	and any information provided in the classification request,
56.21 	other than the mailing address, are private data on individuals
56.22 	and may be provided to requesting law enforcement agencies,
56.23 	probation and parole agencies, and public authorities, as
56.24 	defined in section 518.54, subdivision 9shall be disclosed as
56.25 	provided by United States Code, title 18, section 2721,
56.26 	subsection (a).
56.27 	(b) An applicant for a driver's license or a Minnesota
56.28 	identification card must be informed in a clear and conspicuous
56.29 	manner on the forms for the issuance or renewal that may
56.30 	consent, in writing, to the commissioner to disclose the
56.31 	applicant's personal information may be disclosed exempted by
56.32 	United States Code, title 18, section 2721, subsection (b),to
56.33 	any person who makes a request for the personal information, and
56.34 	that except for uses permitted by United States Code, title 18,
56.35 	section 2721, subsection (b), the applicant may prohibit
56.36 	disclosure of the personal information by so indicating on the
57.1 	form. If the applicant so authorizes disclosures, the
57.2 	commissioner shall implement the request and the information may
57.3 	be used.
57.4 	(c) If authorized by an applicant for a driver's license or
57.5 	a Minnesota identification card must be also informed in a clear
57.6 	and conspicuous manner on forms that , as indicated in paragraph
57.7 	(b),the applicant's personal information may be used, rented,
57.8 	or sold solely for bulk distribution by organizations for
57.9 	business purposes, including surveys, marketing, or
57.10 	solicitation. The commissioner shall implement methods and
57.11 	procedures that enable the applicant to request that bulk
57.12 	surveys, marketing, or solicitation not be directed to the
57.13 	applicant.  If the applicant so requests, the commissioner shall
57.14 	implement the request in a timely manner and the personal
57.15 	information may not be so used.
57.16 	(d) To the extent permitted by United States Code, title
57.17 	18, section 2721, data on individuals provided to obtain a
57.18 	Minnesota identification card or a driver's license is public
57.19 	data on individuals and shall be disclosed as permitted by
57.20 	United States Code, title 18, section 2721, subsection (b).An
57.21 	applicant for a driver's license, instruction permit, or
57.22 	Minnesota identification card may request that the applicant's
57.23 	residence address be classified as "private data on
57.24 	individuals," as defined in section 13.02, subdivision 12.  The
57.25 	commissioner shall grant the classification on receipt of a
57.26 	signed statement by the individual that the classification is
57.27 	required for the safety of the applicant or the applicant's
57.28 	family, if the statement also provides a valid, existing address
57.29 	where the applicant consents to receive service of process.  The
57.30 	commissioner shall use the service for process mailing address
57.31 	in place of the residence address in all documents and notices
57.32 	pertaining to the driver's license, instruction permit, or
57.33 	Minnesota identification card.  The residence address and any
57.34 	information provided in the classification request, other than
57.35 	the mailing address, are private data on individuals and may be
57.36 	provided to requesting law enforcement agencies, probation and
58.1 	parole agencies, and public authorities, as defined in section
58.2 	518.54, subdivision 9.

58.3 	Sec. 78. [299C.40] COMPREHENSIVE INCIDENT-BASED REPORTING
58.4 	SYSTEM.
58.5 		Subdivision 1.Definitions. (a) The definitions in this
58.6 	subdivision apply to this section.
58.7 	(b) "CIBRS" means the Comprehensive Incident-Based
58.8 	Reporting System, located in the Department of Public Safety and
58.9 	managed by the Bureau of Criminal Apprehension, Criminal Justice
58.10 	Information Systems Section.  A reference in this section to
58.11 	"CIBRS" includes the Bureau of Criminal Apprehension.
58.12 	(c) "Law enforcement agency" means a Minnesota municipal
58.13 	police department, the Metropolitan Transit Police, the
58.14 	Metropolitan Airports Police, the University of Minnesota Police
58.15 	Department, a Minnesota county sheriff's department, the Bureau
58.16 	of Criminal Apprehension, or the Minnesota State Patrol.
58.17 		Subd. 2.Purpose. CIBRS is a statewide system containing
58.18 	data from law enforcement agencies.  Data in CIBRS must be made
58.19 	available to law enforcement agencies in order to prepare a case
58.20 	against a person, whether known or unknown, for the commission
58.21 	of a crime or other offense for which the agency has
58.22 	investigative authority, or for purposes of background
58.23 	investigations required by section 626.87.
58.24 		Subd. 3.Data practices act governs. The provisions of
58.25 	chapter 13 apply to this section.
58.26 		Subd. 4.Data classification; general rule; changes in
58.27 	classification; audit trail. (a) The classification of data in
58.28 	the law enforcement agency does not change after the data is
58.29 	submitted to CIBRS.  If CIBRS is the only source of data made
58.30 	public by section 13.82, subdivisions 2, 3, 6, and 7, data
58.31 	described in those subdivisions must be downloaded and made
58.32 	available to the public as required by section 13.03.
58.33 	(b) Data on individuals created, collected, received,
58.34 	maintained, or disseminated by CIBRS is classified as
58.35 	confidential data on individuals as defined in section 13.02,
58.36 	subdivision 3, and becomes private data on individuals as
59.1 	defined in section 13.02, subdivision 12, as provided by this
59.2 	section.
59.3 	(c) Data not on individuals created, collected, received,
59.4 	maintained, or disseminated by CIBRS is classified as protected
59.5 	nonpublic data as defined in section 13.02, subdivision 13, and
59.6 	becomes nonpublic data as defined in section 13.02, subdivision
59.7 	9, as provided by this section.
59.8 	(d) Confidential or protected nonpublic data created,
59.9 	collected, received, maintained, or disseminated by CIBRS must
59.10 	automatically change classification from confidential data to
59.11 	private data or from protected nonpublic data to nonpublic data
59.12 	on the earlier of the following dates:
59.13 	(1) upon receipt by CIBRS of notice from a law enforcement
59.14 	agency that an investigation has become inactive; or 
59.15 	(2) when the data has not been updated by the law
59.16 	enforcement agency that submitted it for a period of 120 days.
59.17 	(e) For the purposes of this section, an investigation
59.18 	becomes inactive upon the occurrence of any of the events listed
59.19 	in section 13.82, subdivision 7, clauses (a) to (c).
59.20 	(f) Ten days before making a data classification change
59.21 	because data has not been updated, CIBRS must notify the law
59.22 	enforcement agency that submitted the data that a classification
59.23 	change will be made on the 120th day.  The notification must
59.24 	inform the law enforcement agency that the data will retain its
59.25 	classification as confidential or protected nonpublic data if
59.26 	the law enforcement agency updates the data or notifies CIBRS
59.27 	that the investigation is still active before the 120th day.  A
59.28 	new 120-day period begins if the data is updated or if a law
59.29 	enforcement agency notifies CIBRS that an active investigation
59.30 	is continuing.
59.31 	(g) A law enforcement agency that submits data to CIBRS
59.32 	must notify CIBRS if an investigation has become inactive so
59.33 	that the data is classified as private data or nonpublic data.
59.34 	The law enforcement agency must provide this notice to CIBRS
59.35 	within ten days after an investigation becomes inactive.
59.36 	(h) All queries and responses and all actions in which data
60.1 	is submitted to CIBRS, changes classification, or is
60.2 	disseminated by CIBRS to any law enforcement agency must be
60.3 	recorded in the CIBRS audit trail.
60.4 		Subd. 5.Access to cibrs data by law enforcement agency
60.5 	personnel. Only law enforcement agency personnel with
60.6 	certification from the Bureau of Criminal Apprehension may
60.7 	enter, update, or access CIBRS data.  The ability of particular
60.8 	law enforcement agency personnel to enter, update, or access
60.9 	CIBRS data must be limited through the use of purpose codes that
60.10 	correspond to the official duties and training level of the
60.11 	personnel.
60.12 		Subd. 6.Access to cibrs data by data subject. Upon
60.13 	request to the Bureau of Criminal Apprehension or to a law
60.14 	enforcement agency participating in CIBRS an individual shall be
60.15 	informed whether the individual is the subject of private or
60.16 	confidential data held by CIBRS.  An individual who is the
60.17 	subject of private data held by CIBRS may obtain access to the
60.18 	data by making a request to the Bureau of Criminal Apprehension
60.19 	or to a participating law enforcement agency.  Private data
60.20 	provided to the subject under this subdivision must also include
60.21 	the name of the law enforcement agency that submitted the data
60.22 	to CIBRS and the name, telephone number, and address of the
60.23 	responsible authority for the data.
60.24 		Subd. 7.Challenge to completeness and accuracy of data.
 60.25 	An individual who is the subject of public or private data held
60.26 	by CIBRS and who wants to challenge the completeness or accuracy
60.27 	of the data under section 13.04, subdivision 4, must notify in
60.28 	writing the responsible authority for the data.  A law
60.29 	enforcement agency must notify the Bureau of Criminal
60.30 	Apprehension when data held by CIBRS is challenged.  The
60.31 	notification must identify the data that was challenged and the
60.32 	subject of the data.  CIBRS must include any notification
60.33 	received under this paragraph whenever disseminating data about
60.34 	which no determination has been made.  When the responsible
60.35 	authority of a law enforcement agency completes, corrects, or
60.36 	destroys successfully challenged data, the corrected data must
61.1 	be submitted to CIBRS and any future dissemination must be of
61.2 	the corrected data.

61.3 	Sec. 79. [299C.405] SUBSCRIPTION SERVICE.
61.4 	(a) For the purposes of this subdivision "subscription
61.5 	service" means a process by which law enforcement agency
61.6 	personnel may obtain ongoing, automatic electronic notice of any
61.7 	contacts an individual has with any criminal justice agency.
61.8 	(b) The Department of Public Safety must not establish a
61.9 	subscription service without prior legislative authorization.

61.10 	Sec. 80. REPORT TO LEGISLATURE.
 61.11 	By January 15, 2006, the commissioner of public safety must
61.12 	report to the chair of the house Public Safety Policy and
61.13 	Finance Committee and the chair of the senate Crime Prevention
61.14 	and Public Safety Committee and make legislative recommendations
61.15 	on possible use of CIBRS data for background checks required by
61.16 	law, a process for criminal records expungement by the subject
61.17 	of CIBRS data, and retention schedules for CIBRS data.
61.18 	By January 15, 2006, the commissioner of public safety must
61.19 	also report to the chair of the house Committee on Public Safety
61.20 	Policy and Finance and the chair of the senate Committee on
61.21 	Crime Prevention on the advisability of prohibiting the
61.22 	possession or use of devices or chemicals to falsify results of
61.23 	drug and alcohol testing as defined in Minnesota Statutes,
61.24 	section 181.95, subdivision 5, or to place false DNA evidence at
61.25 	the scene of a crime.

61.26 	Sec. 81. REVIEW OF STATE HANDLING OF GENETIC
61.27 	INFORMATION.
 61.28 	The commissioner of administration shall review the
61.29 	applicable laws, rules, and policies to determine whether the
61.30 	state handles genetic information on individuals in a manner
61.31 	that appropriately takes into account the possible effect of
61.32 	release or nonrelease of that information on the genetic privacy
61.33 	of relatives of the individuals.  The commissioner shall report
61.34 	the results of the review, including any recommendations for
61.35 	legislative changes, to the chairs of the house Civil Law
61.36 	Committee and the senate Judiciary Committee by January 15, 2006.

62.1 	Sec. 82. INSTRUCTION TO REVISOR.
 62.2 	The revisor of statutes shall renumber each section of
62.3 	Minnesota Statutes in column A with the number in column B.  The
62.4 	revisor shall also make any necessary cross-reference changes.
62.5 	Column A Column B 
62.6 	170.24 169.09, subdivision 14a 
62.7 	170.54 169.09, subdivision 5a 

62.8 	Sec. 83. REPEALER.
 62.9 	Minnesota Statutes 2004, sections 13.04, subdivision 5;
62.10 	169.09, subdivision 10; and 170.55, are repealed.