HF 1083

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:43am

A bill for an act
relating to data practices; regulating the collection, dissemination, disclosure,
and use of data; classifying data; regulating informed consent requirements;
defining terms; amending temporary classification provisions; providing access
to certain data; regulating business screening services; amending human services
background study provisions; making technical and conforming changes;
amending Minnesota Statutes 2008, sections 13.05, subdivision 4, by adding a
subdivision; 13.06, subdivisions 1, 3, 4, 5, 7, by adding subdivisions; 13.3215;
13.43, subdivisions 1, 2, by adding subdivisions; 13.46, subdivisions 3, 4; 13.64;
13.643, by adding a subdivision; 13.792; 13.7931, by adding a subdivision;
13.87, by adding a subdivision; 13.871, by adding a subdivision; 13D.05,
subdivision 3; 16B.97, by adding a subdivision; 125A.21, subdivision 5;
241.065, subdivision 2; 245C.08; 245C.22, subdivision 7; 246B.04, by adding
a subdivision; 270B.14, subdivision 16; 299C.156, subdivision 5; 332.70,
subdivisions 1, 2, 3, 4; 626.557, subdivision 12b; proposing coding for new law
in Minnesota Statutes, chapter 84; repealing Minnesota Statutes 2008, section
13.06, subdivision 2; Minnesota Rules, part 1205.1800.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

GENERAL

Section 1.

Minnesota Statutes 2008, section 13.05, subdivision 4, is amended to read:

Subd. 4.

Limitations on collection and use of data.

Private or confidential data on
an individual shall not be collected, stored, used, or disseminated by government entities
for any purposes other than those stated to the individual at the time of collection in
accordance with section 13.04, except as provided in this subdivision.

(a) Data collected prior to August 1, 1975, and which have not been treated as public
data, may be used, stored, and disseminated for the purposes for which the data was
originally collected or for purposes which are specifically approved by the commissioner
as necessary to public health, safety, or welfare.

(b) Private or confidential data may be used and disseminated to individuals or
entities specifically authorized access to that data by state, local, or federal law enacted or
promulgated after the collection of the data.

(c) Private or confidential data may be used and disseminated to individuals or
entities subsequent to the collection of the data when the responsible authority maintaining
the data has requested approval for a new or different use or dissemination of the data
and that request has been specifically approved by the commissioner as necessary to carry
out a function assigned by law.

(d) Private data may be used by and disseminated to any person or entity if the
individual subject or subjects of the data have given their informed consent. Whether a
data subject has given informed consent shall be determined by rules of the commissioner.
deleted text begin The format for informed consent is as follows, unless otherwise prescribed by the HIPAA,
Standards for Privacy of Individually Identifiable Health Information, 65 Fed. Reg. 82,
461 (2000) (to be codified as Code of Federal Regulations, title 45, section 164): informed
consent shall not be deemed to have been given by an individual subject of the data by the
signing of any statement authorizing any person or entity to disclose information about the
individual to an insurer or its authorized representative, unless the statement is:
deleted text end

deleted text begin (1) in plain language;
deleted text end

deleted text begin (2) dated;
deleted text end

deleted text begin (3) specific in designating the particular persons or agencies the data subject is
authorizing to disclose information about the data subject;
deleted text end

deleted text begin (4) specific as to the nature of the information the subject is authorizing to be
disclosed;
deleted text end

deleted text begin (5) specific as to the persons or entities to whom the subject is authorizing
information to be disclosed;
deleted text end

deleted text begin (6) specific as to the purpose or purposes for which the information may be used
by any of the parties named in clause (5), both at the time of the disclosure and at any
time in the future;
deleted text end

deleted text begin (7) specific as to its expiration date which should be within a reasonable period of
time, not to exceed one year except in the case of authorizations given in connection
with applications for (i) life insurance or noncancelable or guaranteed renewable health
insurance and identified as such, two years after the date of the policy or (ii) medical
assistance under chapter 256B or MinnesotaCare under chapter 256L, which shall be
ongoing during all terms of eligibility, for individual education plan health-related services
provided by a school district under section 125A.21, subdivision 2.
deleted text end

The responsible authority may require a person requesting copies of data under this
paragraph to pay the actual costs of making deleted text begin , deleted text end new text begin and new text end certifying deleted text begin , and compiling deleted text end the copies.

(e) Private or confidential data on an individual may be discussed at a meeting open
to the public to the extent provided in section 13D.05.

Sec. 2.

Minnesota Statutes 2008, section 13.05, is amended by adding a subdivision to
read:

new text begin Subd. 4a. new text end

new text begin Informed consent for insurance purposes. new text end

new text begin Informed consent for
insurance purposes must comply with this subdivision, unless otherwise prescribed by
the HIPAA Standards for Privacy of Individually Identifiable Health Information, Code
of Federal Regulations, title 45, section 164. Informed consent for insurance purposes
is not considered to have been given by an individual subject of data by the signing of a
statement authorizing a government entity to disclose information about the individual to
an insurer or its authorized representative, unless the statement is:
new text end

new text begin (1) in plain language;
new text end

new text begin (2) dated;
new text end

new text begin (3) specific in designating the government entity the data subject is authorizing to
disclose information about the data subject;
new text end

new text begin (4) specific as to the nature of the information the data subject is authorizing to
be disclosed;
new text end

new text begin (5) specific as to the persons to whom the data subject is authorizing information to
be disclosed;
new text end

new text begin (6) specific as to the purpose or purposes for which the information may be used
by any of the persons named in clause (5), both at the time of the disclosure and at any
time in the future; and
new text end

new text begin (7) specific as to its expiration date, which must be within a reasonable period of
time, not to exceed one year.
new text end

new text begin Notwithstanding clause (7), in the case of authorizations given in connection with
applications for life insurance or noncancelable or guaranteed renewable health insurance
that is so identified, the expiration date must not exceed two years after the date of the
policy. An authorization in connection with medical assistance under chapter 256B or
MinnesotaCare under chapter 256L or for individual education plan health-related services
provided by a school district under section 125A.21, subdivision 2, is valid during all
terms of eligibility.
new text end

Sec. 3.

Minnesota Statutes 2008, section 13.3215, is amended to read:

13.3215 UNIVERSITY OF MINNESOTA DATA.

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms in this
subdivision have the meanings given them.
new text end

new text begin (b) "Business data" is data described in section 13.591, subdivision 1, and includes
the funded amount of the University of Minnesota's commitment to the investment to
date, if any; the market value of the investment by the University of Minnesota; and the
age of the investment in years.
new text end

new text begin (c) "Financial, business, or proprietary data" means data, as determined by the
responsible authority for the University of Minnesota, that is of a financial, business, or
proprietary nature, the release of which could cause competitive harm to the University
of Minnesota, the legal entity in which the University of Minnesota has invested or has
considered an investment, the managing entity of an investment, or a portfolio company in
which the legal entity holds an interest.
new text end

new text begin (d) "Investment" means the investments by the University of Minnesota in the
following private capital:
new text end

new text begin (1) venture capital and other private equity investment businesses through
participation in limited partnerships, trusts, limited liability corporations, limited liability
companies, limited liability partnerships, and corporations;
new text end

new text begin (2) real estate ownership interests or loans secured by mortgages or deeds of trust or
shares of real estate investment trusts through investment in limited partnerships; and
new text end

new text begin (3) natural resource investments through limited partnerships, trusts, limited liability
corporations, limited liability companies, limited liability partnerships, and corporations.
new text end

new text begin Subd. 2. new text end

new text begin Claims experience data. new text end

Claims experience and all related information
received from carriers and claims administrators participating in a University of Minnesota
group health, dental, life, or disability insurance plan or the University of Minnesota
workers' compensation program, and survey information collected from employees or
students participating in these plans and programs, except when the university determines
that release of the data will not be detrimental to the plan or program, are classified as
nonpublic data deleted text begin not on individuals pursuant to deleted text end new text begin under new text end section 13.02, subdivision 9.

new text begin Subd. 3. new text end

new text begin Private equity investment data. new text end

new text begin (a) Financial, business, or proprietary
data collected, created, received, or maintained by the University of Minnesota in
connection with investments are nonpublic data.
new text end

new text begin (b) The following data shall be public:
new text end

new text begin (1) the name of the general partners and the legal entity in which the University of
Minnesota has invested;
new text end

new text begin (2) the amount of the University's initial commitment, and any subsequent
commitments;
new text end

new text begin (3) quarterly reports which outline the aggregate investment performance achieved
and the market value, and the fees and expenses paid in aggregate to general partner
investment managers in each of the following specific asset classes: venture capital,
private equity, distressed debt, private real estate, and natural resources;
new text end

new text begin (4) a description of all of the types of industry sectors the University of Minnesota is
or has invested in, in each specific private equity asset class; and
new text end

new text begin (5) the portfolio performance of University of Minnesota investments overall,
including the number of investments, the total amount of the University of Minnesota
commitments, the total current market value, and the return on the total investment
portfolio.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2008, section 13D.05, subdivision 3, is amended to read:

Subd. 3.

What meetings may be closed.

(a) A public body may close a meeting
to evaluate the performance of an individual who is subject to its authority. The public
body shall identify the individual to be evaluated prior to closing a meeting. At its next
open meeting, the public body shall summarize its conclusions regarding the evaluation.
A meeting must be open at the request of the individual who is the subject of the meeting.

(b) Meetings may be closed if the closure is expressly authorized by statute or
permitted by the attorney-client privilege.

(c) A public body may close a meeting:

(1) to determine the asking price for real or personal property to be sold by the
government entity;

(2) to review confidential or new text begin protected new text end nonpublic appraisal data under section 13.44,
subdivision 3; and

(3) to develop or consider offers or counteroffers for the purchase or sale of real or
personal property.

Before holding a closed meeting under this paragraph, the public body must identify
on the record the particular real or personal property that is the subject of the closed
meeting. The proceedings of a meeting closed under this paragraph must be tape recorded
at the expense of the public body. The recording must be preserved for eight years after
the date of the meeting and made available to the public after all real or personal property
discussed at the meeting has been purchased or sold or the governing body has abandoned
the purchase or sale. The real or personal property that is the subject of the closed meeting
must be specifically identified on the tape. A list of members and all other persons present
at the closed meeting must be made available to the public after the closed meeting. If an
action is brought claiming that public business other than discussions allowed under this
paragraph was transacted at a closed meeting held under this paragraph during the time
when the tape is not available to the public, section 13D.03, subdivision 3, applies.

An agreement reached that is based on an offer considered at a closed meeting is
contingent on approval of the public body at an open meeting. The actual purchase or
sale must be approved at an open meeting after the notice period required by statute or the
governing body's internal procedures, and the purchase price or sale price is public data.

(d) Meetings may be closed to receive security briefings and reports, to discuss issues
related to security systems, to discuss emergency response procedures and to discuss
security deficiencies in or recommendations regarding public services, infrastructure and
facilities, if disclosure of the information discussed would pose a danger to public safety or
compromise security procedures or responses. Financial issues related to security matters
must be discussed and all related financial decisions must be made at an open meeting.
Before closing a meeting under this paragraph, the public body, in describing the subject to
be discussed, must refer to the facilities, systems, procedures, services, or infrastructures
to be considered during the closed meeting. A closed meeting must be tape recorded at the
expense of the governing body, and the recording must be preserved for at least four years.

Sec. 5.

Minnesota Statutes 2008, section 125A.21, subdivision 5, is amended to read:

Subd. 5.

Informed consent.

When obtaining informed consent, consistent with
sections 13.05, subdivision deleted text begin 4 deleted text end deleted text begin , paragraph (d) deleted text end new text begin 4a new text end ; and 256B.77, subdivision 2, paragraph
(p), to bill health plans for covered services, the school district must notify the legal
representative (1) that the cost of the person's private health insurance premium
may increase due to providing the covered service in the school setting, (2) that the
school district may pay certain enrollee health plan costs, including but not limited to,
co-payments, coinsurance, deductibles, premium increases or other enrollee cost-sharing
amounts for health and related services required by an individual service plan, or individual
family service plan, and (3) that the school's billing for each type of covered service may
affect service limits and prior authorization thresholds. The informed consent may be
revoked in writing at any time by the person authorizing the billing of the health plan.

ARTICLE 2

TEMPORARY CLASSIFICATIONS

Section 1.

Minnesota Statutes 2008, section 13.06, subdivision 1, is amended to read:

Subdivision 1.

Application to commissioner.

(a) Notwithstanding the provisions
of section 13.03, the responsible authority of a government entity may apply to the
commissioner for permission to classify data or types of data on individuals as private
or confidential, or data not on individuals as nonpublic or protected nonpublic, for its
own use and for the use of other similar government entities on a temporary basis until
a proposed statute can be acted upon by the legislature. The application for temporary
classification is public.

(b) Upon deleted text begin the filing deleted text end new text begin receipt by the commissioner new text end of an application for temporary
classification, the data which is the subject of the application shall be deemed to be
classified as set forth in the application for a period of 45 days, or until the application is
disapproved, rejected, or granted by the commissioner, whichever is earlier.

(c) If the commissioner determines that an application has been submitted for
purposes not consistent with this section, the commissioner may immediately reject the
application, give notice of that rejection to the applicant, and return the application. When
the applicant receives the notice of rejection from the commissioner, the data which was
the subject of the application shall have the classification it had before the application was
submitted to the commissioner.

Sec. 2.

Minnesota Statutes 2008, section 13.06, subdivision 3, is amended to read:

Subd. 3.

Contents of application deleted text begin for nonpublic or nonpublic protected data deleted text end .

An application for temporary classification of government data deleted text begin not on individuals deleted text end shall
include and the applicant shall have the burden of clearly establishing that no statute
currently exists which either allows or forbids classification as deleted text begin nonpublic or protected
nonpublic deleted text end new text begin not public new text end ; and deleted text begin either deleted text end new text begin one or more of the following:
new text end

(1) that data similar to that for which the temporary classification is sought deleted text begin has deleted text end new text begin have new text end
been deleted text begin treated deleted text end new text begin classified new text end as deleted text begin nonpublic or protected nonpublic deleted text end new text begin not public new text end by other government
entities deleted text begin , and by the public deleted text end ; or

(2) public access to the data would render unworkable a program authorized by
law deleted text begin ; or deleted text end new text begin .
new text end

deleted text begin (3) deleted text end new text begin The applicant must also clearly establish new text end that a compelling need exists for
immediate temporary classification, which if not granted could adversely affect the health,
safety or welfare of the public new text begin , or data subject's well-being or reputation new text end .

Sec. 3.

Minnesota Statutes 2008, section 13.06, subdivision 4, is amended to read:

Subd. 4.

Procedure when classification affects others.

If the commissioner
determines that an application for temporary classification involves data which would
reasonably be classified in the same manner by all government entities similar to the
one which made the application, the commissioner may approve or disapprove the
classification for data of the kind which is the subject of the application for the use
of all government entities similar to the applicant. new text begin If requested in the application, the
commissioner may also determine that the data classification affects similar government
entities. new text end On deeming this approach advisable, the commissioner shall provide notice of
the proposed action by publication in the State Register within deleted text begin ten deleted text end new text begin 15 new text end days of receiving the
application. Within 30 days after publication in the State Register an affected government
entity or the public may submit comments on the deleted text begin commissioner's proposal deleted text end new text begin application new text end .
The commissioner shall consider any comments received when granting or denying a
classification for data of the kind which is the subject of the application, for the use of all
government entities similar to the applicant. Within 45 days after the close of the period
for submitting comment, the commissioner shall grant or disapprove the application.
Applications processed under this subdivision shall be either approved or disapproved
by the commissioner within 90 days of the receipt of the application. For purposes of
subdivision 1, the data which is the subject of the classification shall be deemed to be
classified as set forth in the application for a period of 90 days, or until the application
is disapproved or granted by the commissioner, whichever is earlier. deleted text begin If requested in the
application, or determined to be necessary by the commissioner, the data in the application
shall be so classified for all government entities similar to the applicant until the application
is disapproved or granted by the commissioner, whichever is earlier. deleted text end Proceedings after the
grant or disapproval shall be governed by the provisions of subdivision 5.

Sec. 4.

Minnesota Statutes 2008, section 13.06, is amended by adding a subdivision to
read:

new text begin Subd. 4a. new text end

new text begin Withdrawal of application. new text end

new text begin Except when an application is processed
under subdivision 4, an application may be withdrawn by the responsible authority prior to
the commissioner granting or disapproving the temporary classification. The responsible
authority shall notify the commissioner in writing of the entity's intent to withdraw the
application. The written withdrawal must state the reason the temporary classification is
no longer necessary and must be signed by the responsible authority.
new text end

Sec. 5.

Minnesota Statutes 2008, section 13.06, subdivision 5, is amended to read:

Subd. 5.

Determination.

(a) The commissioner shall either grant or disapprove
the application for temporary classification within 45 days after it is deleted text begin filed deleted text end new text begin received by
the commissioner new text end . On disapproving an application, the commissioner shall set forth
in detail reasons for the disapproval, and shall include a statement of belief as to what
classification is appropriate for the data which is the subject of the application. Twenty
days after the date deleted text begin of deleted text end new text begin the responsible authority receives new text end the commissioner's disapproval
of an application, the data which is the subject of the application shall become public
data, unless the responsible authority submits an amended application for temporary
classification which requests the classification deemed appropriate by the commissioner
in the statement of disapproval or which sets forth additional information relating to the
original proposed classification. Upon the filing of an amended application, the data
which is the subject of the amended application shall be deemed to be classified as set
forth in the amended application for a period of 20 days or until the amended application
is granted or disapproved by the commissioner, whichever is earlier. The commissioner
shall either grant or disapprove the amended application within 20 days after it is filed.
Five working days after the date deleted text begin of deleted text end new text begin the responsible authority receives new text end the commissioner's
disapproval of the amended application, the data which is the subject of the application
shall become public data. No more than one amended application may be submitted for
any single file or system.

(b) If the commissioner grants an application for temporary classification new text begin under this
section new text end , it shall become effective immediately, and the complete record relating to the
application shall be submitted to the attorney general, who shall review the classification
as to form and legality. Within 25 days new text begin after receipt of the record new text end , the attorney general
shall approve the classification, disapprove a classification as confidential new text begin or protected
nonpublic new text end but approve a classification as private new text begin or nonpublic new text end , or disapprove the
classification. If the attorney general disapproves a classification, the data which is the
subject of the classification shall become public data five working days after the date of
the attorney general's disapproval.

Sec. 6.

Minnesota Statutes 2008, section 13.06, is amended by adding a subdivision to
read:

new text begin Subd. 6a. new text end

new text begin Data use and dissemination. new text end

new text begin During the period of the temporary
classification, a responsible authority may request approval from the commissioner for a
new or different use or dissemination of the data as provided in section 13.05, subdivision
4, for any data temporarily classified under this section.
new text end

Sec. 7.

Minnesota Statutes 2008, section 13.06, subdivision 7, is amended to read:

Subd. 7.

Legislative consideration of temporary classifications; expiration.

On or before January 15 of each year, the commissioner shall submit all temporary
classifications in effect on January 1 in bill form to the legislature. The temporary
classification expires deleted text begin June deleted text end new text begin August new text end 1 of the year deleted text begin following its submission deleted text end new text begin it is submitted new text end to
the legislature.

ARTICLE 3

PERSONNEL DATA

Section 1.

Minnesota Statutes 2008, section 13.43, subdivision 1, is amended to read:

Subdivision 1.

Definition.

As used in this section, "personnel data" means
new text begin government new text end data on individuals deleted text begin collected deleted text end new text begin maintained new text end because the individual is or was
an employee of or an applicant for employment by, performs services on a voluntary
basis for, or acts as an independent contractor with a government entity. Personnel data
includes data submitted by an employee to a government entity as part of an organized
self-evaluation effort by the government entity to request suggestions from all employees
on ways to cut costs, make government more efficient, or improve the operation of
government. An employee who is identified in a suggestion shall have access to all data in
the suggestion except the identity of the employee making the suggestion.

Sec. 2.

Minnesota Statutes 2008, section 13.43, subdivision 2, is amended to read:

Subd. 2.

Public data.

(a) Except for employees described in subdivision 5 and
subject to the limitations described in subdivision 5a, the following personnel data on
current and former employees, volunteers, and independent contractors of a government
entity is public:

(1) name; employee identification number, which must not be the employee's Social
Security number; actual gross salary; salary range; new text begin terms and conditions of employment
relationship; new text end contract fees; actual gross pension; the value and nature of employer paid
fringe benefits; and the basis for and the amount of any added remuneration new text begin paid by
the employer or a person other than the employer new text end , including expense reimbursement, in
addition to salary;

(2) job title and bargaining unit; job description; education and training background;
and previous work experience;

(3) date of first and last employment;

(4) the existence and status of any complaints or charges against the employee,
regardless of whether the complaint or charge resulted in a disciplinary action;

(5) the final disposition of any disciplinary action together with the specific reasons
for the action and data documenting the basis of the action, excluding data that would
identify confidential sources who are employees of the public body;

(6) the terms of any agreement settling any dispute arising out of an employment
relationship, including a buyout agreement as defined in section 123B.143, subdivision 2,
paragraph (a); except that the agreement must include specific reasons for the agreement if
it involves the payment of more than $10,000 of public money;

(7) work location; a work telephone number; new text begin employer-provided e-mail address;
new text end badge number; new text begin work-related continuing education; new text end and honors and awards received; and

(8) payroll time sheets or other comparable data that are only used to account for
employee's work time for payroll purposes, except to the extent that release of time sheet
data would reveal the employee's reasons for the use of sick or other medical leave
or other not public data.

(b) For purposes of this subdivision, a final disposition occurs when the government
entity makes its final decision about the disciplinary action, regardless of the possibility of
any later proceedings or court proceedings. In the case of arbitration proceedings arising
under collective bargaining agreements, a final disposition occurs at the conclusion of the
arbitration proceedings, or upon the failure of the employee to elect arbitration within
the time provided by the collective bargaining agreement. Final disposition includes a
resignation by an individual when the resignation occurs after the final decision of the
government entity, or arbitrator. new text begin A disciplinary action does not become public data if an
arbitrator sustains a grievance and reverses all aspects of any disciplinary action.
new text end

(c) The government entity may display a photograph of a current or former employee
to a prospective witness as part of the government entity's investigation of any complaint
or charge against the employee.

(d) A complainant has access to a statement provided by the complainant to a
government entity in connection with a complaint or charge against an employee.

(e) Notwithstanding paragraph (a), clause (5), upon completion of an investigation
of a complaint or charge against a public official, or if a public official resigns or is
terminated from employment while the complaint or charge is pending, all data relating to
the complaint or charge are public, unless access to the data would jeopardize an active
investigation or reveal confidential sources. For purposes of this paragraph, "public
official" means:

(1) the head of a state agency and deputy and assistant state agency heads;

(2) members of boards or commissions required by law to be appointed by the
governor or other elective officers; and

(3) executive or administrative heads of departments, bureaus, divisions, or
institutions within state government.

Sec. 3.

Minnesota Statutes 2008, section 13.43, is amended by adding a subdivision to
read:

new text begin Subd. 17. new text end

new text begin Continuity of operations. new text end

new text begin Personal home contact information may
be used to ensure that an employee can be reached in the event of an emergency or
other disruption affecting continuity of operation of a government entity. An employee's
personal home contact information may be shared with another government entity to
prepare for or in the event of an emergency or other disruption and to ensure continuity
of operation of either government entity.
new text end

Sec. 4.

Minnesota Statutes 2008, section 13.43, is amended by adding a subdivision to
read:

new text begin Subd. 18. new text end

new text begin Private personnel data. new text end

new text begin Private personnel data of state employees must
be disclosed to the Department of Administration for the purpose of administration of the
workers' compensation program as provided in chapter 176.
new text end

Sec. 5.

Minnesota Statutes 2008, section 13.64, is amended to read:

13.64 DEPARTMENT OF ADMINISTRATION DATA.

(a) Notes and preliminary drafts of reports created, collected, or maintained by the
Management Analysis Division, Department of Administration, and prepared during
management studies, audits, reviews, consultations, or investigations are classified as
confidential or protected nonpublic data until the final report has been published or
preparation of the report is no longer being actively pursued.

(b) Data that support the conclusions of the report and that the commissioner of
administration reasonably believes will result in litigation are confidential or protected
nonpublic until the litigation has been completed or until the litigation is no longer
being actively pursued.

(c) Data on individuals that could reasonably be used to determine the identity of an
individual supplying data for a report are private if:

(1) the data supplied by the individual were needed for a report; and

(2) the data would not have been provided to the Management Analysis Division
without an assurance to the individual that the individual's identity would remain private,
or the Management Analysis Division reasonably believes that the individual would not
have provided the data.

new text begin (d) Security features of building plans, building specifications, and building
drawings of state-owned facilities and nonstate-owned facilities leased by the state are
classified as nonpublic data when maintained by the Department of Administration and
may be shared with anyone as needed to perform duties of the commissioner.
new text end

Sec. 6.

Minnesota Statutes 2008, section 16B.97, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Data classification. new text end

new text begin Data maintained by the commissioner that identify
a person providing comments to the commissioner under subdivision 4, paragraph (a),
clauses (6) and (7), are private and nonpublic data but may be shared with the executive
agency that is the subject of the comments.
new text end

Sec. 7. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2008, section 13.06, subdivision 2, new text end new text begin is repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, part 1205.1800, new text end new text begin is repealed.
new text end

ARTICLE 4

MISCELLANEOUS PROVISIONS

Section 1.

Minnesota Statutes 2008, section 13.643, is amended by adding a
subdivision to read:

new text begin Subd. 7. new text end

new text begin Research, monitoring, or assessment data. new text end

new text begin (a) Except as provided in
paragraph (b), the following data created, collected, and maintained by the Department of
Agriculture during research, monitoring, or the assessment of farm practices and related
to natural resources, the environment, agricultural facilities, or agricultural practices are
classified as private or nonpublic:
new text end

new text begin (1) names, addresses, telephone numbers, and e-mail addresses of study participants
or cooperators; and
new text end

new text begin (2) location of research, study site, and global positioning system data.
new text end

new text begin (b) The following data are public:
new text end

new text begin (1) location data and unique well numbers for wells and springs unless protected
under section 18B.10 or another statute or rule; and
new text end

new text begin (2) data from samples collected from a public water supply as defined in Minnesota
Rules, part 4720.5100.
new text end

new text begin (c) The Department of Agriculture may disclose data collected under paragraph (a) if
the commissioner determines that there is a substantive threat to human health and safety
or to the environment, or to aid in the law enforcement process.
new text end

Sec. 2.

Minnesota Statutes 2008, section 13.792, is amended to read:

13.792 PRIVATE DONOR GIFT DATA.

The following data maintained by the Minnesota Zoological Garden, the University
of Minnesota, the Minnesota State Colleges and Universities, new text begin the Regional Parks
Foundation of the Twin Cities, new text end and any related entity subject to chapter 13 are classified
as private or nonpublic:

(1) research information about prospects and donors gathered to aid in determining
appropriateness of solicitation and level of gift request;

(2) specific data in prospect lists that would identify prospects to be solicited, dollar
amounts to be requested, and name of solicitor;

(3) portions of solicitation letters and proposals that identify the prospect being
solicited and the dollar amount being requested;

(4) letters, pledge cards, and other responses received from donors regarding
prospective gifts in response to solicitations;

(5) portions of thank-you letters and other gift acknowledgment communications
that would identify the name of the donor and the specific amount of the gift, pledge,
or pledge payment;

(6) donor financial or estate planning information, or portions of memoranda, letters,
or other documents commenting on any donor's financial circumstances; and

(7) data detailing dates of gifts, payment schedule of gifts, form of gifts, and specific
gift amounts made by donors.

Names of donors and gift ranges are public data.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2008, section 13.7931, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Electronic licensing system data. new text end

new text begin Data on individuals created, collected,
stored, or maintained by the department for the purposes of obtaining a noncommercial
game and fish license, cross-country ski pass, horse trail pass, or snowmobile trail sticker;
registering a recreational motor vehicle; or any other electronic licensing transaction are
classified under section 84.0874.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2010.
new text end

Sec. 4.

Minnesota Statutes 2008, section 13.87, is amended by adding a subdivision to
read:

new text begin Subd. 5. new text end

new text begin Parole and probation authority access to records. new text end

new text begin Parole and county
probation authorities may access data identified in subdivision 2 on an applicant or permit
holder who is also a defendant, parolee, or probationer of a district court.
new text end

Sec. 5.

Minnesota Statutes 2008, section 13.871, is amended by adding a subdivision
to read:

new text begin Subd. 12. new text end

new text begin Forensic Laboratory Advisory Board. new text end

new text begin Reports and complaints of the
Forensic Laboratory Advisory Board are classified under section 299C.156, subdivision 5.
new text end

Sec. 6.

new text begin [84.0874] ELECTRONIC LICENSING SYSTEM DATA.
new text end

new text begin (a) Data created, collected, stored, or maintained by the department for purposes
of obtaining a noncommercial game and fish license, cross-country ski pass, horse trail
pass, or snowmobile trail sticker; registering a recreational motor vehicle; or any other
electronic licensing transaction are private data on individuals, as defined in section 13.02,
subdivision 12, except that an individual's name, address, and type of license applied for
shall be public. Data made public by this paragraph shall be classified as private upon the
request of the individual subject of the data.
new text end

new text begin (b) Data classified under this section may be disclosed for law enforcement purposes.
The data, other than an individual's driver's license number, may be disclosed to a
government entity and for natural resources management purposes, including recruitment,
retention, and training certification and verification.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2010.
new text end

Sec. 7.

Minnesota Statutes 2008, section 241.065, subdivision 2, is amended to read:

Subd. 2.

Establishment.

The Department of Corrections shall administer and
maintain a computerized data system for the purpose of assisting criminal justice agencies
in monitoring and enforcing the conditions of conditional release imposed on criminal
offenders by a sentencing court or the commissioner of corrections. The adult data and
juvenile data as defined in section 260B.171 in the statewide supervision system are
private data as defined in section 13.02, subdivision 12, but are accessible to criminal
justice agencies as defined in section 13.02, subdivision 3a, new text begin to the Minnesota sex offender
program as provided in section 246B.04, subdivision 3, new text end to public defenders as provided in
section 611.272, to all trial courts and appellate courts, and to criminal justice agencies in
other states in the conduct of their official duties.

Sec. 8.

Minnesota Statutes 2008, section 246B.04, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Access to data. new text end

new text begin The Minnesota sex offender program shall have access
to private data contained in the statewide supervision system under section 241.065, as
necessary for the administration and management of current Minnesota sex offender
clients for the purposes of admissions, treatment, security, and supervision. The program
shall develop a policy to allow individuals who conduct assessments, develop treatment
plans, oversee security, or develop reintegration plans to have access to the data. The
commissioner of corrections shall conduct periodic audits to determine whether the policy
is being followed.
new text end

Sec. 9.

Minnesota Statutes 2008, section 270B.14, subdivision 16, is amended to read:

Subd. 16.

Disclosure to law enforcement authorities.

Under circumstances
involving threat of death or physical injury to any individual, new text begin or harassment of a
Department of Revenue employee, new text end the commissioner may disclose return information
to the extent necessary to apprise appropriate federal, state, or local law enforcement
authorities of such circumstances. new text begin For purposes of this subdivision, "harassment" is
purposeful conduct directed at an individual and causing an individual to feel frightened,
threatened, oppressed, persecuted, or intimidated. For purposes of harassment, the return
information that initially can be disclosed is limited to the name, address, and phone
number of the harassing individual, the name of the employee being harassed, and the
nature and circumstances of the harassment. new text end Data disclosed under this subdivision are
classified under section 13.82 once they are received by the law enforcement authority.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 10.

Minnesota Statutes 2008, section 299C.156, subdivision 5, is amended to read:

Subd. 5.

deleted text begin Reviews and reports are public deleted text end new text begin Data practices; use of reports new text end .

deleted text begin The
board shall make all deleted text end new text begin (a) new text end Investigation reports completed under subdivision 3, paragraph
(a), clause (1), deleted text begin available to the public deleted text end new text begin are private data on individuals or nonpublic data as
defined in section 13.02, unless the board finds there was negligence or misconduct. A
report or complaint received under this section is private data on individuals or nonpublic
data. This paragraph does not affect the classification of data on employees under section
13.43 new text end .

new text begin (b) new text end A report completed under subdivision 3, paragraph (a), clause (1), in a
subsequent civil or criminal proceeding is not prima facie evidence of the information or
findings contained in the report.

Sec. 11.

Minnesota Statutes 2008, section 332.70, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For purposes of this section:

(a) "Business screening service" means a person regularly engaged in the business of
collecting, assembling, evaluating, or disseminating criminal deleted text begin record information deleted text end new text begin records new text end
on individuals for a fee. Business screening service does not include a government entity,
as defined in section 13.02, or the news media.

(b) "Conviction" has the meaning given in section 609.02, subdivision 5.

(c) "Criminal record" means a new text begin public new text end record new text begin originating from a Minnesota agency
or court new text end of an arrest, citation, prosecution, criminal proceeding, or conviction. new text begin For the
purposes of this definition, "criminal proceeding" does not include judicial opinions.
new text end

Sec. 12.

Minnesota Statutes 2008, section 332.70, subdivision 2, is amended to read:

Subd. 2.

Criminal records.

deleted text begin A business screening service must not disseminate a
criminal record unless the record has been updated within the previous month. deleted text end new text begin A business
screening service shall make all updates to Minnesota criminal records as most recently
provided by the agencies or courts in a timely manner, and make a good faith effort to
ensure the records are accurate, current, and complete as provided by those agencies and
courts. Business screening services shall not be liable for inaccurate data which is the
result of a good faith attempt to comply with this section.
new text end

Sec. 13.

Minnesota Statutes 2008, section 332.70, subdivision 3, is amended to read:

Subd. 3.

Correction and deletion of records.

(a) If the completeness or accuracy
of a criminal record maintained by a business screening service is disputed by the
individual who is the subject of the record, the screening service shall, without charge,
investigate the disputed record. In conducting an investigation, the business screening
service shall review and consider all relevant information submitted by the subject of the
record with respect to the disputed record new text begin to determine whether the record maintained by
the screening service accurately reflects the content of the official record, as maintained by
the official government custodian new text end .

(b) deleted text begin If the disputed record is found to be inaccurate or incomplete, the business
screening service shall promptly correct the record. If the disputed record is found to be
sealed, expunged, or the subject of a pardon, the business screening service shall promptly
delete the record. deleted text end new text begin If, upon investigation, the screening service determines that the record
does not accurately reflect the content of the official record, the screening service shall
correct the disputed record so as to accurately reflect the content of the official record.
If the disputed record is found to be sealed, expunged, or the subject of a pardon, the
business screening service shall promptly delete the record.
new text end

(c) A business screening service may terminate an investigation of a disputed record
if the business screening agency reasonably determines that the dispute is frivolous, which
may be based on the failure of the subject of the record to provide sufficient information to
investigate the disputed record. Upon making a determination that the dispute is frivolous,
the business screening service shall inform the subject of the record of the specific reasons
why it has determined that the dispute is frivolous and provide a description of any
information required to investigate the disputed record.

(d) The business screening service shall notify the subject of the disputed record
of the correction or deletion of the record or of the termination or completion of the
investigation related to the record within 30 days of the date when the agency receives
notice of the dispute from the subject of the record.

Sec. 14.

Minnesota Statutes 2008, section 332.70, subdivision 4, is amended to read:

Subd. 4.

Date and notice required.

A business screening service that disseminates
a criminal record must include the date when the record was collected new text begin by the business
screening service new text end and a notice that the information may include new text begin criminal new text end records that have
been expunged, sealed, or otherwise have become inaccessible to the public since that date.

new text begin EFFECTIVE DATE; APPLICABILITY. new text end

new text begin This section only applies to criminal
records collected by a business screening service on or after the date this section becomes
effective.
new text end

ARTICLE 5

HUMAN SERVICES DATA

Section 1.

Minnesota Statutes 2008, section 13.46, subdivision 3, is amended to read:

Subd. 3.

Investigative data.

(a) Data on persons, including data on vendors of
services deleted text begin and data on deleted text end new text begin , new text end licensees, new text begin and applicants, new text end that is collected, maintained, used, or
disseminated by the welfare system in an investigation, authorized by statute and relating
to the enforcement of rules or law, is confidential data on individuals pursuant to section
13.02, subdivision 3, or protected nonpublic data not on individuals pursuant to section
13.02, subdivision 13, and shall not be disclosed except:

(1) pursuant to section 13.05;

(2) pursuant to statute or valid court order;

(3) to a party named in a civil or criminal proceeding, administrative or judicial, for
preparation of defense; or

(4) to provide notices required or permitted by statute.

The data referred to in this subdivision shall be classified as public data upon
its submission to an administrative law judge or court in an administrative or judicial
proceeding. Inactive welfare investigative data shall be treated as provided in section
13.39, subdivision 3.

(b) Notwithstanding any other provision in law, the commissioner of human services
shall provide all active and inactive investigative data, including the name of the reporter
of alleged maltreatment under section 626.556 or 626.557, to the ombudsman for mental
health and developmental disabilities upon the request of the ombudsman.

Sec. 2.

Minnesota Statutes 2008, section 13.46, subdivision 4, is amended to read:

Subd. 4.

Licensing data.

(a) As used in this subdivision:

(1) "licensing data" means all data collected, maintained, used, or disseminated by
the welfare system pertaining to persons licensed or registered or who apply for licensure
or registration or who formerly were licensed or registered under the authority of the
commissioner of human services;

(2) "client" means a person who is receiving services from a licensee or from an
applicant for licensure; and

(3) "personal and personal financial data" means Social Security numbers, identity
of and letters of reference, insurance information, reports from the Bureau of Criminal
Apprehension, health examination reports, and social/home studies.

(b)(1) Except as provided in paragraph (c), the following data on applicants, license
holders, and former licensees are public: name, address, telephone number of licensees,
date of receipt of a completed application, dates of licensure, licensed capacity, type of
client preferred, variances granted, record of training and education in child care and child
development, type of dwelling, name and relationship of other family members, previous
license history, class of license, the existence and status of complaints, and the number
of serious injuries to or deaths of individuals in the licensed program as reported to the
commissioner of human services, the local social services agency, or any other county
welfare agency. For purposes of this clause, a serious injury is one that is treated by
a physician. When a correction order deleted text begin or deleted text end new text begin , an order to forfeit a new text end fine new text begin , an order of license
suspension, an order of temporary immediate suspension, an order of license revocation,
an order of license denial, or an order of conditional license new text end has been issued, deleted text begin a license is
suspended, immediately suspended, revoked, denied, or made conditional, deleted text end or a complaint
is resolved, the following data on current and former licensees and applicants are public:
the substance and investigative findings of the licensing or maltreatment complaint,
licensing violation, or substantiated maltreatment; the record of informal resolution of a
licensing violation; orders of hearing; findings of fact; conclusions of law; specifications of
the final correction order, fine, suspension, new text begin temporary new text end immediate suspension, revocation,
denial, or conditional license contained in the record of licensing action; new text begin whether a fine
has been paid; new text end and the status of any appeal of these actions. new text begin If a licensing sanction under
section 245A.07, or a license denial under section 245A.05, is based on a determination
that the license holder or applicant is responsible for maltreatment or is disqualified under
chapter 245C, the identity of the license holder or applicant as the individual responsible
for maltreatment or as the disqualified individual is public data at the time of the issuance
of the licensing sanction or denial.
new text end

(2) Notwithstanding sections 626.556, subdivision 11, and 626.557, subdivision 12b,
when any person subject to disqualification under section 245C.14 in connection with a
license to provide family day care for children, child care center services, foster care
for children in the provider's home, or foster care or day care services for adults in the
provider's home is a substantiated perpetrator of maltreatment, and the substantiated
maltreatment is a reason for a licensing action, the identity of the substantiated perpetrator
of maltreatment is public data. For purposes of this clause, a person is a substantiated
perpetrator if the maltreatment determination has been upheld under section 256.045;
626.556, subdivision 10i; 626.557, subdivision 9d; or chapter 14, or if an individual or
facility has not timely exercised appeal rights under these sections new text begin , except as provided
under clause (1) new text end .

(3) For applicants who withdraw their application prior to licensure or denial of a
license, the following data are public: the name of the applicant, the city and county in
which the applicant was seeking licensure, the dates of the commissioner's receipt of the
initial application and completed application, the type of license sought, and the date
of withdrawal of the application.

(4) For applicants who are denied a license, the following data are public: the name
and address of the applicant, the city and county in which the applicant was seeking
licensure, the dates of the commissioner's receipt of the initial application and completed
application, the type of license sought, the date of denial of the application, the nature of
the basis for the denial, the record of informal resolution of a denial, orders of hearings,
findings of fact, conclusions of law, specifications of the final order of denial, and the
status of any appeal of the denial.

(5) The following data on persons subject to disqualification under section 245C.14
in connection with a license to provide family day care for children, child care center
services, foster care for children in the provider's home, or foster care or day care services
for adults in the provider's home, are public: the nature of any disqualification set
aside under section 245C.22, subdivisions 2 and 4, and the reasons for setting aside the
disqualification; the nature of any disqualification for which a variance was granted under
sections 245A.04, subdivision 9; and 245C.30, and the reasons for granting any variance
under section 245A.04, subdivision 9; and, if applicable, the disclosure that any person
subject to a background study under section 245C.03, subdivision 1, has successfully
passed a background study. new text begin If a licensing sanction under section 245A.07, or a license
denial under section 245A.05, is based on a determination that an individual subject to
disqualification under chapter 245C is disqualified, the disqualification as a basis for the
licensing sanction or denial is public data. As specified in clause (1), if the disqualified
individual is the license holder or applicant, the identity of the license holder or applicant
is public data. If the disqualified individual is an individual other than the license holder
or applicant, the identity of the disqualified individual shall remain private data.
new text end

(6) When maltreatment is substantiated under section 626.556 or 626.557 and the
victim and the substantiated perpetrator are affiliated with a program licensed under
chapter 245A, the commissioner of human services, local social services agency, or
county welfare agency may inform the license holder where the maltreatment occurred of
the identity of the substantiated perpetrator and the victim.

(7) Notwithstanding clause (1), for child foster care, only the name of the license
holder and the status of the license are public if the county attorney has requested that data
otherwise classified as public data under clause (1) be considered private data based on the
best interests of a child in placement in a licensed program.

(c) The following are private data on individuals under section 13.02, subdivision
12, or nonpublic data under section 13.02, subdivision 9: personal and personal financial
data on family day care program and family foster care program applicants and licensees
and their family members who provide services under the license.

(d) The following are private data on individuals: the identity of persons who have
made reports concerning licensees or applicants that appear in inactive investigative data,
and the records of clients or employees of the licensee or applicant for licensure whose
records are received by the licensing agency for purposes of review or in anticipation of a
contested matter. The names of reporters new text begin of complaints or alleged violations of licensing
standards under chapters 245A, 245B, and 245C, and applicable rules and alleged
maltreatment new text end under sections 626.556 and 626.557 new text begin , are confidential data and new text end may be
disclosed only as provided in section 626.556, subdivision 11, or 626.557, subdivision 12b.

(e) Data classified as private, confidential, nonpublic, or protected nonpublic under
this subdivision become public data if submitted to a court or administrative law judge as
part of a disciplinary proceeding in which there is a public hearing concerning a license
which has been suspended, immediately suspended, revoked, or denied.

(f) Data generated in the course of licensing investigations that relate to an alleged
violation of law are investigative data under subdivision 3.

(g) Data that are not public data collected, maintained, used, or disseminated under
this subdivision that relate to or are derived from a report as defined in section 626.556,
subdivision 2, or 626.5572, subdivision 18, are subject to the destruction provisions of
sections 626.556, subdivision 11c, and 626.557, subdivision 12b.

(h) Upon request, not public data collected, maintained, used, or disseminated under
this subdivision that relate to or are derived from a report of substantiated maltreatment as
defined in section 626.556 or 626.557 may be exchanged with the Department of Health
for purposes of completing background studies pursuant to section 144.057 and with
the Department of Corrections for purposes of completing background studies pursuant
to section 241.021.

(i) Data on individuals collected according to licensing activities under chapters
245A and 245C, and data on individuals collected by the commissioner of human services
according to maltreatment investigations under sections 626.556 and 626.557, may be
shared with the Department of Human Rights, the Department of Health, the Department
of Corrections, the ombudsman for mental health and developmental disabilities, and
the individual's professional regulatory board when there is reason to believe that laws
or standards under the jurisdiction of those agencies may have been violated. new text begin Unless
otherwise specified in this chapter, the identity of a reporter of alleged maltreatment or
licensing violations may not be disclosed.
new text end

(j) In addition to the notice of determinations required under section 626.556,
subdivision 10f, if the commissioner or the local social services agency has determined
that an individual is a substantiated perpetrator of maltreatment of a child based on sexual
abuse, as defined in section 626.556, subdivision 2, and the commissioner or local social
services agency knows that the individual is a person responsible for a child's care in
another facility, the commissioner or local social services agency shall notify the head
of that facility of this determination. The notification must include an explanation of the
individual's available appeal rights and the status of any appeal. If a notice is given under
this paragraph, the government entity making the notification shall provide a copy of the
notice to the individual who is the subject of the notice.

(k) All not public data collected, maintained, used, or disseminated under this
subdivision and subdivision 3 may be exchanged between the Department of Human
Services, Licensing Division, and the Department of Corrections for purposes of
regulating services for which the Department of Human Services and the Department
of Corrections have regulatory authority.

Sec. 3.

Minnesota Statutes 2008, section 245C.08, is amended to read:

245C.08 BACKGROUND STUDY; COMMISSIONER REVIEWS.

Subdivision 1.

Background studies conducted by deleted text begin commissioner deleted text end new text begin the Department new text end
of Human Services.

(a) For a background study conducted by the deleted text begin commissioner deleted text end new text begin
Department of Human Services new text end , the commissioner shall review:

(1) information related to names of substantiated perpetrators of maltreatment of
vulnerable adults that has been received by the commissioner as required under section
626.557, subdivision 9c, paragraph (i);

(2) the commissioner's records relating to the maltreatment of minors in licensed
programs, and from findings of maltreatment of minors as indicated through the social
service information system;

(3) information from juvenile courts as required in subdivision 4 for individuals listed
in section 245C.03, subdivision 1, deleted text begin clauses (2), (5), and (6) deleted text end new text begin when there is reasonable cause new text end ;

(4) information from the Bureau of Criminal Apprehension;

(5) except as provided in clause (6), information from the national crime information
system when the commissioner has reasonable cause as defined under section 245C.05,
subdivision 5; and

(6) for a background study related to a child foster care application for licensure or
adoptions, the commissioner shall also review:

(i) information from the child abuse and neglect registry for any state in which the
background study subject has resided for the past five years; and

(ii) information from national crime information databases, when the background
study deleted text begin object deleted text end new text begin subject new text end is 18 years of age or older.

(b) Notwithstanding expungement by a court, the commissioner may consider
information obtained under paragraph (a), clauses (3) and (4), unless the commissioner
received notice of the petition for expungement and the court order for expungement is
directed specifically to the commissioner.

Subd. 2.

Background studies conducted by a county agency.

(a) For a background
study conducted by a county agency for adult foster care, family adult day services, and
family child care services, the commissioner shall review:

(1) information from the county agency's record of substantiated maltreatment
of adults and the maltreatment of minors;

(2) information from juvenile courts as required in subdivision 4 for deleted text begin individuals
listed in section 245C.03, subdivision 1, clauses (2), (5), and (6) deleted text end new text begin :
new text end

new text begin (i) individuals listed in section 245C.03, subdivision 1, who are ages 13 through 23
living in the household where the licensed services will be provided; and
new text end

new text begin (ii) any other individual listed under section 245C.03, subdivision 1, when there
is reasonable cause new text end ; and

(3) information from the Bureau of Criminal Apprehension.

(b) If the individual has resided in the county for less than five years, the study shall
include the records specified under paragraph (a) for the previous county or counties of
residence for the past five years.

(c) Notwithstanding expungement by a court, the county agency may consider
information obtained under paragraph (a), clause (3), unless the commissioner received
notice of the petition for expungement and the court order for expungement is directed
specifically to the commissioner.

Subd. 3.

Arrest and investigative information.

(a) For any background study
completed under this section, if the commissioner has reasonable cause to believe the
information is pertinent to the disqualification of an individual, the commissioner also
may review arrest and investigative information from:

(1) the Bureau of Criminal Apprehension;

(2) the commissioner of health;

(3) a county attorney;

(4) a county sheriff;

(5) a county agency;

(6) a local chief of police;

(7) other states;

(8) the courts;

(9) the Federal Bureau of Investigation;

(10) the National Criminal Records Repository; and

(11) criminal records from other states.

(b) The commissioner is not required to conduct more than one review of a subject's
records from the Federal Bureau of Investigation if a review of the subject's criminal
history with the Federal Bureau of Investigation has already been completed by the
commissioner and there has been no break in the subject's affiliation with the license
holder who initiated the background study.

Subd. 4.

Juvenile court records.

(a) new text begin For a background study conducted by the
Department of Human Services, new text end the commissioner shall review records from the juvenile
courts for an individual studied under section 245C.03, subdivision 1, deleted text begin clauses (2) and (5) deleted text end new text begin
when the commissioner has reasonable cause new text end .

(b) For deleted text begin individuals studied under section 245C.03, subdivision 1, clauses (1), (3),
(4), and (6), and subdivision 2, who are ages 13 to 17, the commissioner shall review
records from the juvenile courts deleted text end new text begin a background study conducted by a county agency, the
commissioner shall review records from the juvenile courts for individuals listed in section
245C.03, subdivision 1, who are ages 13 through 23 living in the household where the
licensed services will be provided. The commissioner shall also review records from
juvenile courts for any other individual listed under section 245C.03, subdivision 1, new text end when
the commissioner has reasonable cause.

(c) The juvenile courts shall help with the study by giving the commissioner existing
juvenile court records new text begin relating to delinquency proceedings held new text end on individuals described
in section 245C.03, subdivision 1, deleted text begin clauses (2), (5), and (6), relating to delinquency
proceedings held within either the five years immediately preceding the background study
or the five years immediately preceding the individual's 18th birthday, whichever time
period is longer deleted text end new text begin when requested pursuant to this subdivision new text end .

(d) For purposes of this chapter, a finding that a delinquency petition is proven in
juvenile court shall be considered a conviction in state district court.

(e) Juvenile courts shall provide orders of involuntary and voluntary termination of
parental rights under section 260C.301 to the commissioner upon request for purposes of
conducting a background study under this chapter.

Sec. 4.

Minnesota Statutes 2008, section 245C.22, subdivision 7, is amended to read:

Subd. 7.

Classification of certain data.

(a) Notwithstanding section 13.46, upon
setting aside a disqualification under this section, the identity of the disqualified individual
who received the set-aside and the individual's disqualifying characteristics are public
data if the set-aside was:

(1) for any disqualifying characteristic under section 245C.15, when the set-aside
relates to a child care center or a family child care provider licensed under chapter 245A; or

(2) for a disqualifying characteristic under section 245C.15, subdivision 2.

(b) Notwithstanding section 13.46, upon granting a variance to a license holder
under section 245C.30, the identity of the disqualified individual who is the subject of
the variance, the individual's disqualifying characteristics under section 245C.15, and the
terms of the variance are public data, when the variance:

(1) is issued to a child care center or a family child care provider licensed under
chapter 245A; or

(2) relates to an individual with a disqualifying characteristic under section 245C.15,
subdivision 2.

(c) The identity of a disqualified individual and the reason for disqualification
remain private data when:

(1) a disqualification is not set aside and no variance is granted new text begin , except as provided
under section 13.46, subdivision 4 new text end ;

(2) the data are not public under paragraph (a) or (b);

(3) the disqualification is rescinded because the information relied upon to disqualify
the individual is incorrect; or

(4) the disqualification relates to a license to provide relative child foster care.
As used in this clause, "relative" has the meaning given it under section 260C.007,
subdivision 27.

(d) Licensed family child care providers and child care centers must provide notices
as required under section 245C.301.

(e) Notwithstanding paragraphs (a) and (b), the identity of household members who
are the subject of a disqualification related set-aside or variance is not public data if:

(1) the household member resides in the residence where the family child care is
provided;

(2) the subject of the set-aside or variance is under the age of 18 years; and

(3) the set-aside or variance only relates to a disqualification under section 245C.15,
subdivision 4, for a misdemeanor-level theft crime as defined in section 609.52.

Sec. 5.

Minnesota Statutes 2008, section 626.557, subdivision 12b, is amended to read:

Subd. 12b.

Data management.

(a) In performing any of the duties of this section as
a lead agency, the county social service agency shall maintain appropriate records. Data
collected by the county social service agency under this section are welfare data under
section 13.46. Notwithstanding section 13.46, subdivision 1, paragraph (a), data under this
paragraph that are inactive investigative data on an individual who is a vendor of services
are private data on individuals, as defined in section 13.02. The identity of the reporter
may only be disclosed as provided in paragraph (c).

Data maintained by the common entry point are confidential data on individuals or
protected nonpublic data as defined in section 13.02. Notwithstanding section 138.163,
the common entry point shall destroy data three calendar years after date of receipt.

(b) The commissioners of health and human services shall prepare an investigation
memorandum for each report alleging maltreatment investigated under this section.
County social service agencies must maintain private data on individuals but are not
required to prepare an investigation memorandum. During an investigation by the
commissioner of health or the commissioner of human services, data collected under this
section are confidential data on individuals or protected nonpublic data as defined in
section 13.02. Upon completion of the investigation, the data are classified as provided in
clauses (1) to (3) and paragraph (c).

(1) The investigation memorandum must contain the following data, which are
public:

(i) the name of the facility investigated;

(ii) a statement of the nature of the alleged maltreatment;

(iii) pertinent information obtained from medical or other records reviewed;

(iv) the identity of the investigator;

(v) a summary of the investigation's findings;

(vi) statement of whether the report was found to be substantiated, inconclusive,
false, or that no determination will be made;

(vii) a statement of any action taken by the facility;

(viii) a statement of any action taken by the lead agency; and

(ix) when a lead agency's determination has substantiated maltreatment, a statement
of whether an individual, individuals, or a facility were responsible for the substantiated
maltreatment, if known.

The investigation memorandum must be written in a manner which protects the
identity of the reporter and of the vulnerable adult and may not contain the names or, to
the extent possible, data on individuals or private data listed in clause (2).

(2) Data on individuals collected and maintained in the investigation memorandum
are private data, including:

(i) the name of the vulnerable adult;

(ii) the identity of the individual alleged to be the perpetrator;

(iii) the identity of the individual substantiated as the perpetrator; and

(iv) the identity of all individuals interviewed as part of the investigation.

(3) Other data on individuals maintained as part of an investigation under this section
are private data on individuals upon completion of the investigation.

(c) new text begin After the assessment or investigation is completed, the name of the reporter
must be confidential. new text end The subject of the report may compel disclosure of the name of the
reporter only with the consent of the reporter or upon a written finding by a court that
the report was false and there is evidence that the report was made in bad faith. This
subdivision does not alter disclosure responsibilities or obligations under the Rules of
Criminal Procedure, except that where the identity of the reporter is relevant to a criminal
prosecution, the district court shall do an in-camera review prior to determining whether
to order disclosure of the identity of the reporter.

(d) Notwithstanding section 138.163, data maintained under this section by the
commissioners of health and human services must be destroyed under the following
schedule:

(1) data from reports determined to be false, two years after the finding was made;

(2) data from reports determined to be inconclusive, four years after the finding
was made;

(3) data from reports determined to be substantiated, seven years after the finding
was made; and

(4) data from reports which were not investigated by a lead agency and for which
there is no final disposition, two years from the date of the report.

(e) The commissioners of health and human services shall each annually report to
the legislature and the governor on the number and type of reports of alleged maltreatment
involving licensed facilities reported under this section, the number of those requiring
investigation under this section, and the resolution of those investigations. The report
shall identify:

(1) whether and where backlogs of cases result in a failure to conform with statutory
time frames;

(2) where adequate coverage requires additional appropriations and staffing; and

(3) any other trends that affect the safety of vulnerable adults.

(f) Each lead agency must have a record retention policy.

(g) Lead agencies, prosecuting authorities, and law enforcement agencies may
exchange not public data, as defined in section 13.02, if the agency or authority requesting
the data determines that the data are pertinent and necessary to the requesting agency in
initiating, furthering, or completing an investigation under this section. Data collected
under this section must be made available to prosecuting authorities and law enforcement
officials, local county agencies, and licensing agencies investigating the alleged
maltreatment under this section. The lead agency shall exchange not public data with the
vulnerable adult maltreatment review panel established in section 256.021 if the data are
pertinent and necessary for a review requested under that section. Upon completion of the
review, not public data received by the review panel must be returned to the lead agency.

(h) Each lead agency shall keep records of the length of time it takes to complete its
investigations.

(i) A lead agency may notify other affected parties and their authorized representative
if the agency has reason to believe maltreatment has occurred and determines the
information will safeguard the well-being of the affected parties or dispel widespread
rumor or unrest in the affected facility.

(j) Under any notification provision of this section, where federal law specifically
prohibits the disclosure of patient identifying information, a lead agency may not provide
any notice unless the vulnerable adult has consented to disclosure in a manner which
conforms to federal requirements.