HF 1473

3rd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to privacy; providing for the classification 
  1.3             of and access to government data; clarifying data 
  1.4             provisions; providing for the protection of state 
  1.5             agency intellectual property; conforming provisions 
  1.6             dealing with financial assistance data; recodifying 
  1.7             statutes on crime of domestic assault; providing for 
  1.8             an information policy training program; prescribing 
  1.9             penalties; appropriating money; amending Minnesota 
  1.10            Statutes 1994, sections 13.03, subdivision 6; 13.04, 
  1.11            subdivision 3; 13.06, subdivision 6; 13.10, 
  1.12            subdivision 5; 13.32, subdivision 2; 13.43, 
  1.13            subdivisions 2, 5, and by adding a subdivision; 13.46, 
  1.14            subdivision 2; 13.49; 13.50, subdivision 2; 13.531; 
  1.15            13.551; 13.62; 13.643; 13.671; 13.69, subdivision 1; 
  1.16            13.761; 13.77; 13.78; 13.79; 13.793; 13.82, 
  1.17            subdivisions 3a, 5, 6, 10, and by adding subdivisions; 
  1.18            13.83, subdivision 2; 13.89, subdivision 1; 13.90; 
  1.19            13.99, subdivisions 1, 12, 20, 21a, 42a, 54, 55, 60, 
  1.20            64, 78, 79, 112, and by adding subdivisions; 17.117, 
  1.21            subdivision 12; 41.63; 41B.211; 116O.03, subdivision 
  1.22            7; 116S.02, subdivision 8; 128C.17; 144.0721, 
  1.23            subdivision 2; 144.225, by adding a subdivision; 
  1.24            144.335, subdivision 2; 144.3351; 144.651, 
  1.25            subdivisions 21 and 26; 148B.68, subdivision 1; 
  1.26            171.07, subdivision 1a; 171.12, subdivision 3; 
  1.27            182.659, subdivision 8, and by adding a subdivision; 
  1.28            253B.02, subdivision 4a; 253B.03, subdivisions 3 and 
  1.29            4; 259.10; 260.015, subdivision 28; 260.161, 
  1.30            subdivision 1b; 268.0122, by adding a subdivision; 
  1.31            268.0124; 270B.02, subdivision 3; 270B.14, subdivision 
  1.32            1; 299C.11; 299C.61, subdivision 4; 336.9-407; 
  1.33            336.9-411; 363.061, subdivision 2; 446A.11, 
  1.34            subdivision 11; 518B.01, subdivision 14; 595.02, 
  1.35            subdivision 1; 609.101, subdivision 2; 609.131, 
  1.36            subdivision 2; 609.135, subdivisions 2 and 5a; 
  1.37            609.1352, subdivision 3; 609.185; 609.224, 
  1.38            subdivisions 2 and 3; 609.268, subdivision 1; 609.748, 
  1.39            subdivision 6; 609.749, subdivisions 4 and 5; 
  1.40            611A.031; 624.713, subdivision 1; 626.563, subdivision 
  1.41            1; 629.471, subdivision 3; 629.74; 630.36, subdivision 
  1.42            2; and 631.046, subdivision 1; proposing coding for 
  1.43            new law in Minnesota Statutes, chapters 13; 270B; 609; 
  1.44            and 611A; repealing Minnesota Statutes 1994, sections 
  1.45            13.38, subdivision 4; 13.69, subdivision 2; and 13.71, 
  1.46            subdivisions 9, 10, 11, 12, 13, 14, 15, 16, and 17; 
  2.1             Laws 1990, chapter 566, section 9, as amended; and 
  2.2             Laws 1994, chapter 618, article 1, section 47. 
  2.3   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.4                              ARTICLE 1
  2.5                            DATA PRACTICES
  2.6      Section 1.  Minnesota Statutes 1994, section 13.03, 
  2.7   subdivision 6, is amended to read: 
  2.8      Subd. 6.  [DISCOVERABILITY OF NOT PUBLIC DATA.] If a state 
  2.9   agency, political subdivision, or statewide system opposes 
  2.10  discovery of government data or release of data pursuant to 
  2.11  court order on the grounds that the data are classified as not 
  2.12  public, the party that seeks access to the data may bring before 
  2.13  the appropriate presiding judicial officer, arbitrator, or 
  2.14  administrative law judge an action to compel discovery or an 
  2.15  action in the nature of an action to compel discovery.  
  2.16     The presiding officer shall first decide whether the data 
  2.17  are discoverable or releasable pursuant to the rules of evidence 
  2.18  and of criminal, civil, or administrative procedure appropriate 
  2.19  to the action.  
  2.20     If the data are discoverable the presiding officer shall 
  2.21  decide whether the benefit to the party seeking access to the 
  2.22  data outweighs any harm to the confidentiality interests of the 
  2.23  agency maintaining the data, or of any person who has provided 
  2.24  the data or who is the subject of the data, or to the privacy 
  2.25  interest of an individual identified in the data.  In making the 
  2.26  decision, the presiding officer shall consider whether notice to 
  2.27  the subject of the data is warranted and, if warranted, what 
  2.28  type of notice must be given.  The presiding officer may fashion 
  2.29  and issue any protective orders necessary to assure proper 
  2.30  handling of the data by the parties.  If the data are a 
  2.31  videotape of a child victim of physical or sexual abuse, the 
  2.32  presiding officer shall also consider the provisions of section 
  2.33  611A.90.  
  2.34     Sec. 2.  Minnesota Statutes 1994, section 13.04, 
  2.35  subdivision 3, is amended to read: 
  2.36     Subd. 3.  [ACCESS TO DATA BY INDIVIDUAL.] Upon request to a 
  3.1   responsible authority, an individual shall be informed whether 
  3.2   the individual is the subject of stored data on individuals, and 
  3.3   whether it is classified as public, private or confidential.  
  3.4   Upon further request, an individual who is the subject of stored 
  3.5   private or public data on individuals shall be shown the data 
  3.6   without any charge and, if desired, shall be informed of the 
  3.7   content and meaning of that data.  After an individual has been 
  3.8   shown the private data and informed of its meaning, the data 
  3.9   need not be disclosed to that individual for six months 
  3.10  thereafter unless a dispute or action pursuant to this section 
  3.11  is pending or additional data on the individual has been 
  3.12  collected or created.  The responsible authority shall provide 
  3.13  copies of the private or public data upon request by the 
  3.14  individual subject of the data, except as provided in section 
  3.15  134.495.  The responsible authority may require the requesting 
  3.16  person to pay the actual costs of making, certifying, and 
  3.17  compiling the copies. 
  3.18     The responsible authority shall comply immediately, if 
  3.19  possible, with any request made pursuant to this subdivision, or 
  3.20  within five days of the date of the request, excluding 
  3.21  Saturdays, Sundays and legal holidays, if immediate compliance 
  3.22  is not possible.  If unable to comply with the request within 
  3.23  that time, the responsible authority shall so inform the 
  3.24  individual, and may have an additional five days within which to 
  3.25  comply with the request, excluding Saturdays, Sundays and legal 
  3.26  holidays. 
  3.27     Sec. 3.  Minnesota Statutes 1994, section 13.06, 
  3.28  subdivision 6, is amended to read: 
  3.29     Subd. 6.  [EXPIRATION OF TEMPORARY CLASSIFICATION.] A 
  3.30  temporary classification granted under this section shall expire 
  3.31  ten days after the end of the second complete annual regular 
  3.32  legislative session that follows the commissioner's granting of 
  3.33  the temporary classification. 
  3.34     Sec. 4.  Minnesota Statutes 1994, section 13.10, 
  3.35  subdivision 5, is amended to read: 
  3.36     Subd. 5.  [ADOPTION RECORDS.] Notwithstanding any provision 
  4.1   of this chapter, adoption records shall be treated as provided 
  4.2   in sections 259.21 259.53, 259.61, 259.79, and 259.83 to 259.89. 
  4.3      Sec. 5.  Minnesota Statutes 1994, section 13.32, 
  4.4   subdivision 2, is amended to read: 
  4.5      Subd. 2.  [STUDENT HEALTH AND CENSUS DATA.] (a) Health data 
  4.6   concerning students, including but not limited to, data 
  4.7   concerning immunizations, notations of special physical or 
  4.8   mental problems and records of school nurses; and pupil census 
  4.9   data, including but not limited to, emergency information, 
  4.10  family information and data concerning parents shall be 
  4.11  considered are educational data.  Access by parents to student 
  4.12  health data shall be pursuant to section 13.02, subdivision 8.  
  4.13     (b) Pupil census data, including emergency information, 
  4.14  family information, and data concerning parents are educational 
  4.15  data. 
  4.16     Sec. 6.  [13.3495] [COPIES OF VIDEOTAPES OF CHILD ABUSE 
  4.17  VICTIMS.] 
  4.18     An individual subject of data may not obtain a copy of a 
  4.19  videotape made as part of an investigation or evaluation of a 
  4.20  child victim or alleged victim of physical or sexual abuse.  The 
  4.21  definitions of physical abuse and sexual abuse in section 
  4.22  626.556, subdivision 2, apply to this section, except that abuse 
  4.23  is not limited to acts by a person responsible for the child's 
  4.24  care or in a significant relationship with the child or position 
  4.25  of authority. 
  4.26     This section does not limit other rights of access to data 
  4.27  by an individual under section 13.04, subdivision 3, other than 
  4.28  the right to obtain a copy of the videotape nor limit access 
  4.29  pursuant to the rules of criminal procedure. 
  4.30     Sec. 7.  [13.385] [HUNTINGTON'S DISEASE DATA.] 
  4.31     All data created, collected, received, or maintained by the 
  4.32  commissioner of health on individuals relating to genetic 
  4.33  counseling services for Huntington's Disease provided by the 
  4.34  department of health is private data on individuals.  The data 
  4.35  shall be permanently transferred from the department to the 
  4.36  Hennepin county medical center, and once transferred, shall 
  5.1   continue to be classified as private data on individuals. 
  5.2      Sec. 8.  Minnesota Statutes 1994, section 13.43, 
  5.3   subdivision 2, is amended to read: 
  5.4      Subd. 2.  [PUBLIC DATA.] (a) Except for employees described 
  5.5   in subdivision 5, the following personnel data on current and 
  5.6   former employees, volunteers, and independent contractors of a 
  5.7   state agency, statewide system, or political subdivision and 
  5.8   members of advisory boards or commissions is public:  name; 
  5.9   actual gross salary; salary range; contract fees; actual gross 
  5.10  pension; the value and nature of employer paid fringe benefits; 
  5.11  the basis for and the amount of any added remuneration, 
  5.12  including expense reimbursement, in addition to salary; job 
  5.13  title; job description; education and training background; 
  5.14  previous work experience; date of first and last employment; the 
  5.15  existence and status of any complaints or charges against the 
  5.16  employee, whether or not regardless of whether the complaint or 
  5.17  charge resulted in a disciplinary action; the final disposition 
  5.18  of any disciplinary action together with the specific reasons 
  5.19  for the action and data documenting the basis of the action, 
  5.20  excluding data that would identify confidential sources who are 
  5.21  employees of the public body; the terms of any agreement 
  5.22  settling any dispute arising out of the employment relationship; 
  5.23  work location; a work telephone number; badge number; honors and 
  5.24  awards received; payroll time sheets or other comparable data 
  5.25  that are only used to account for employee's work time for 
  5.26  payroll purposes, except to the extent that release of time 
  5.27  sheet data would reveal the employee's reasons for the use of 
  5.28  sick or other medical leave or other not public data; and city 
  5.29  and county of residence. 
  5.30     (b) For purposes of this subdivision, a final disposition 
  5.31  occurs when the state agency, statewide system, or political 
  5.32  subdivision makes its final decision about the disciplinary 
  5.33  action, regardless of the possibility of any later proceedings 
  5.34  or court proceedings.  In the case of arbitration proceedings 
  5.35  arising under collective bargaining agreements, a final 
  5.36  disposition occurs at the conclusion of the arbitration 
  6.1   proceedings, or upon the failure of the employee to elect 
  6.2   arbitration within the time provided by the collective 
  6.3   bargaining agreement.  Final disposition includes a resignation 
  6.4   by an individual when the resignation occurs after the final 
  6.5   decision of the state agency, statewide system, political 
  6.6   subdivision, or arbitrator. 
  6.7      (c) The state agency, statewide system, or political 
  6.8   subdivision may display a photograph of a current or former 
  6.9   employee to a prospective witness as part of the state agency's, 
  6.10  statewide system's, or political subdivision's investigation of 
  6.11  any complaint or charge against the employee. 
  6.12     (d) A complainant has access to a statement provided by the 
  6.13  complainant to a state agency, statewide system, or political 
  6.14  subdivision in connection with a complaint or charge against an 
  6.15  employee. 
  6.16     Sec. 9.  Minnesota Statutes 1994, section 13.43, 
  6.17  subdivision 5, is amended to read: 
  6.18     Subd. 5.  [UNDERCOVER LAW ENFORCEMENT OFFICER.] All 
  6.19  personnel data maintained by any state agency, statewide system 
  6.20  or political subdivision relating to an individual employed as 
  6.21  or an applicant for employment as an undercover law enforcement 
  6.22  officer is are private data on individuals.  When the individual 
  6.23  is no longer assigned to an undercover position, the data become 
  6.24  public unless the law enforcement agency determines that 
  6.25  revealing the data would threaten the personal safety of the 
  6.26  officer or jeopardize an ongoing active investigation.  
  6.27     Sec. 10.  Minnesota Statutes 1994, section 13.43, is 
  6.28  amended by adding a subdivision to read: 
  6.29     Subd. 9.  [PEER COUNSELING DEBRIEFING DATA.] Information or 
  6.30  opinion acquired by a peer group member in a public safety peer 
  6.31  counseling debriefing is private data on the person being 
  6.32  debriefed. 
  6.33     For purposes of this subdivision, "public safety peer 
  6.34  counseling debriefing" means a group process oriented debriefing 
  6.35  session held for peace officers, firefighters, medical emergency 
  6.36  persons, dispatchers, or other persons involved with public 
  7.1   safety emergency services, that is established by any agency 
  7.2   providing public safety emergency services and is designed to 
  7.3   help a person who has suffered an occupation-related traumatic 
  7.4   event begin the process of healing and effectively dealing with 
  7.5   posttraumatic stress. 
  7.6      Sec. 11.  Minnesota Statutes 1994, section 13.46, 
  7.7   subdivision 2, is amended to read: 
  7.8      Subd. 2.  [GENERAL.] (a) Unless the data is summary data or 
  7.9   a statute specifically provides a different classification, data 
  7.10  on individuals collected, maintained, used, or disseminated by 
  7.11  the welfare system is private data on individuals, and shall not 
  7.12  be disclosed except:  
  7.13     (1) pursuant to section 13.05; 
  7.14     (2) pursuant to court order; 
  7.15     (3) pursuant to a statute specifically authorizing access 
  7.16  to the private data; 
  7.17     (4) to an agent of the welfare system, including a law 
  7.18  enforcement person, attorney, or investigator acting for it in 
  7.19  the investigation or prosecution of a criminal or civil 
  7.20  proceeding relating to the administration of a program; 
  7.21     (5) to personnel of the welfare system who require the data 
  7.22  to determine eligibility, amount of assistance, and the need to 
  7.23  provide services of additional programs to the individual; 
  7.24     (6) to administer federal funds or programs; 
  7.25     (7) between personnel of the welfare system working in the 
  7.26  same program; 
  7.27     (8) the amounts of cash public assistance and relief paid 
  7.28  to welfare recipients in this state, including their names and 
  7.29  social security numbers, upon request by the department of 
  7.30  revenue to administer the property tax refund law, supplemental 
  7.31  housing allowance, and the income tax; 
  7.32     (9) to the Minnesota department of economic security for 
  7.33  the purpose of monitoring the eligibility of the data subject 
  7.34  for reemployment insurance, for any employment or training 
  7.35  program administered, supervised, or certified by that agency, 
  7.36  or for the purpose of administering any rehabilitation program, 
  8.1   whether alone or in conjunction with the welfare system, and to 
  8.2   verify receipt of energy assistance for the telephone assistance 
  8.3   plan; 
  8.4      (10) to appropriate parties in connection with an emergency 
  8.5   if knowledge of the information is necessary to protect the 
  8.6   health or safety of the individual or other individuals or 
  8.7   persons; 
  8.8      (11) data maintained by residential facilities programs as 
  8.9   defined in section 245A.02 may be disclosed to the protection 
  8.10  and advocacy system established in this state pursuant to Part C 
  8.11  of Public Law Number 98-527 to protect the legal and human 
  8.12  rights of persons with mental retardation or other related 
  8.13  conditions who live in residential facilities for these persons 
  8.14  if the protection and advocacy system receives a complaint by or 
  8.15  on behalf of that person and the person does not have a legal 
  8.16  guardian or the state or a designee of the state is the legal 
  8.17  guardian of the person; 
  8.18     (12) to the county medical examiner or the county coroner 
  8.19  for identifying or locating relatives or friends of a deceased 
  8.20  person; 
  8.21     (13) data on a child support obligor who makes payments to 
  8.22  the public agency may be disclosed to the higher education 
  8.23  coordinating board to the extent necessary to determine 
  8.24  eligibility under section 136A.121, subdivision 2, clause (5); 
  8.25     (14) participant social security numbers and names 
  8.26  collected by the telephone assistance program may be disclosed 
  8.27  to the department of revenue to conduct an electronic data match 
  8.28  with the property tax refund database to determine eligibility 
  8.29  under section 237.70, subdivision 4a; 
  8.30     (15) the current address of a recipient of aid to families 
  8.31  with dependent children may be disclosed to law enforcement 
  8.32  officers who provide the name and social security number of the 
  8.33  recipient and satisfactorily demonstrate that:  (i) the 
  8.34  recipient is a fugitive felon, including the grounds for this 
  8.35  determination; (ii) the location or apprehension of the felon is 
  8.36  within the law enforcement officer's official duties; and (iii) 
  9.1   the request is made in writing and in the proper exercise of 
  9.2   those duties; 
  9.3      (16) the current address of a recipient of general 
  9.4   assistance, work readiness, or general assistance medical care 
  9.5   may be disclosed to probation officers and corrections agents 
  9.6   who are supervising the recipient, and to law enforcement 
  9.7   officers who are investigating the recipient in connection with 
  9.8   a felony level offense; 
  9.9      (17) information obtained from food stamp applicant or 
  9.10  recipient households may be disclosed to local, state, or 
  9.11  federal law enforcement officials, upon their written request, 
  9.12  for the purpose of investigating an alleged violation of the 
  9.13  food stamp act, in accordance with Code of Federal Regulations, 
  9.14  title 7, section 272.1(c); or 
  9.15     (18) data on a child support obligor who is in arrears may 
  9.16  be disclosed for purposes of publishing the data pursuant to 
  9.17  section 518.575; or 
  9.18     (19) data on child support payments made by a child support 
  9.19  obligor may be disclosed to the obligee. 
  9.20     (b) Information on persons who have been treated for drug 
  9.21  or alcohol abuse may only be disclosed in accordance with the 
  9.22  requirements of Code of Federal Regulations, title 42, sections 
  9.23  2.1 to 2.67. 
  9.24     (c) Data provided to law enforcement agencies under 
  9.25  paragraph (a), clause (15), (16), or (17), or paragraph (b), are 
  9.26  investigative data and are confidential or protected nonpublic 
  9.27  while the investigation is active.  The data are private after 
  9.28  the investigation becomes inactive under section 13.82, 
  9.29  subdivision 5, paragraph (a) or (b). 
  9.30     (d) Mental health data shall be treated as provided in 
  9.31  subdivisions 7, 8, and 9, but is not subject to the access 
  9.32  provisions of subdivision 10, paragraph (b). 
  9.33     Sec. 12.  Minnesota Statutes 1994, section 13.49, is 
  9.34  amended to read: 
  9.35     13.49 [SOCIAL SECURITY NUMBERS.] 
  9.36     Subdivision 1.  [GENERAL.] The social security numbers of 
 10.1   individuals collected or maintained by a state agency, statewide 
 10.2   system, or political subdivision are private data on 
 10.3   individuals, except to the extent that access to the social 
 10.4   security number is specifically authorized by law. 
 10.5      Subd. 2.  [COUNTY RECORDER OR REGISTRAR OF TITLES.] 
 10.6   Subdivision 1 does not apply to social security numbers that 
 10.7   appear in documents or records filed or recorded with the county 
 10.8   recorder or registrar of titles, other than documents filed 
 10.9   under section 600.23. 
 10.10     Sec. 13.  Minnesota Statutes 1994, section 13.50, 
 10.11  subdivision 2, is amended to read: 
 10.12     Subd. 2.  [PUBLIC DATA.] The data made confidential or 
 10.13  protected nonpublic by the provisions of subdivision 1 shall 
 10.14  become public upon the occurrence of any of the following:  
 10.15     (a) The negotiating parties exchange appraisals; 
 10.16     (b) The data are submitted to a court appointed 
 10.17  condemnation commissioner; 
 10.18     (c) The data are presented in court in condemnation 
 10.19  proceedings; or 
 10.20     (d) The negotiating parties enter into an agreement for the 
 10.21  purchase and sale of the property.  
 10.22     Sec. 14.  Minnesota Statutes 1994, section 13.551, is 
 10.23  amended to read: 
 10.24     13.551 [CLASSIFICATION OF SAINT PAUL PORT AUTHORITY DATA.] 
 10.25     Subdivision 1.  [SAINT PAUL PORT AUTHORITY.] The following 
 10.26  data not on individuals collected and maintained by the Saint 
 10.27  Paul port authority are classified as protected nonpublic, until 
 10.28  30 days before the date of a hearing on a proposed sale pursuant 
 10.29  to section 469.065:  financial studies and reports that are part 
 10.30  of appraisers' estimates of value of or concerning projects as 
 10.31  defined in chapter 474, prepared by personnel of the port 
 10.32  authority or independent accountants, consultants, and 
 10.33  appraisers for the purpose of marketing by sale or lease a 
 10.34  project which the port authority has acquired or repossessed as 
 10.35  the result of the default under and the termination of a revenue 
 10.36  agreement as defined in chapter 474. 
 11.1      Subd. 2.  [RED WING PORT AUTHORITY.] Data maintained by the 
 11.2   Red Wing port authority that pertain to negotiations with 
 11.3   property owners regarding the purchase of property are nonpublic 
 11.4   data not on individuals.  With the exception of the authority's 
 11.5   evaluation of properties not purchased, all other negotiation 
 11.6   data become public at the time of the closing of the property 
 11.7   sale. 
 11.8      Sec. 15.  [13.646] [LEGISLATIVE AND BUDGET PROPOSAL DATA.] 
 11.9      Subdivision 1.  [DEFINITION.] As used in this section, 
 11.10  "state administration" means the governor's office, the 
 11.11  department of finance, and any state agency that is under the 
 11.12  direct control of the governor. 
 11.13     Subd. 2.  [CLASSIFICATIONS.] Prior to its release to the 
 11.14  public by the state administration, data including anticipated 
 11.15  legislative or budget proposals, including preliminary drafts, 
 11.16  that are created, collected, or maintained by the state 
 11.17  administration are protected nonpublic data.  This data becomes 
 11.18  public data upon the release of the budget to the public by the 
 11.19  state administration.  The state administration may disclose any 
 11.20  of the data within the state administration and to the public at 
 11.21  any time if disclosure would aid the administration in 
 11.22  considering and preparing its proposals. 
 11.23     Sec. 16.  Minnesota Statutes 1994, section 13.69, 
 11.24  subdivision 1, is amended to read: 
 11.25     Subdivision 1.  [CLASSIFICATIONS.] (a) The following 
 11.26  government data of the department of public safety are private 
 11.27  data:  
 11.28     (1) medical data on driving instructors, licensed drivers, 
 11.29  and applicants for disability parking certificates and special 
 11.30  license plates issued to physically handicapped persons; and 
 11.31     (2) data on holders of a disability certificate under 
 11.32  section 169.345 collected or maintained for purposes of that 
 11.33  section, except that data under this clause may be released to 
 11.34  law enforcement agencies; and 
 11.35     (3) social security numbers in driver's license and motor 
 11.36  vehicle registration records, except that social security 
 12.1   numbers must be provided to the department of revenue for 
 12.2   purposes of tax administration.  
 12.3      (b) The following government data of the department of 
 12.4   public safety are confidential data:  data concerning an 
 12.5   individual's driving ability when that data is received from a 
 12.6   member of the individual's family. 
 12.7      Sec. 17.  Minnesota Statutes 1994, section 13.79, is 
 12.8   amended to read: 
 12.9      13.79 [DEPARTMENT OF LABOR AND INDUSTRY DATA.] 
 12.10     Data that identify complaining employees and that appear on 
 12.11  complaint forms received by the department of labor and industry 
 12.12  concerning alleged violations of the fair labor standards 
 12.13  act or, section 181.75 or 181.9641 are classified as private 
 12.14  data.  
 12.15     Sec. 18.  Minnesota Statutes 1994, section 13.793, is 
 12.16  amended to read: 
 12.17     13.793 [NATURAL RESOURCES MINERAL DATA.] 
 12.18     Subdivision 1.  [NONPUBLIC DATA.] Except as provided in 
 12.19  subdivision 2, the following data received and maintained by the 
 12.20  commissioner of natural resources are nonpublic data: 
 12.21     (1) a letter or other documentation from a person that is 
 12.22  supplied to the commissioner before a public lease sale of 
 12.23  metallic or other minerals for the purpose of making suggestions 
 12.24  or recommendations about which state lands may be offered for 
 12.25  public lease sale; or 
 12.26     (2) a written report or other documentation of private 
 12.27  analyses of a state-owned or controlled drill core that is 
 12.28  public data and is under the custody of the commissioner; or 
 12.29     (3) exploration data received by the commissioner under the 
 12.30  terms of a state mineral lease. 
 12.31     Subd. 2.  [DATA BECOME PUBLIC.] (a) Data under subdivision 
 12.32  1, clause (1), become public data three years after the date the 
 12.33  lease sale was held or, if not held, within three years after 
 12.34  the date the lease sale was scheduled to be held.  Except as 
 12.35  provided in paragraph (b), data under subdivision 1, clause (2), 
 12.36  become public data one year after receipt by the 
 13.1   commissioner.  Except as provided in paragraph (c) or as 
 13.2   otherwise provided for by law, data under subdivision 1, clause 
 13.3   (3), become public data upon termination of the state mineral 
 13.4   lease under which the data were gathered.  
 13.5      (b) If data under subdivision 1, clause (2), relate to 
 13.6   private land that is under mineral lease to the person 
 13.7   submitting the data, and the mineral lease is in force at the 
 13.8   time the data are submitted, the data become public data only 
 13.9   after the mineral lease is no longer in force.  The person 
 13.10  submitting the data that relate to private land that is under 
 13.11  mineral lease shall provide to the commissioner at the time the 
 13.12  data are submitted and annually thereafter, in a format 
 13.13  designated by the commissioner, satisfactory evidence that the 
 13.14  mineral lease is in effect.  If, in a given year, satisfactory 
 13.15  evidence that the mineral lease is still in effect is not 
 13.16  provided to the commissioner before the anniversary date of 
 13.17  receipt of the data by the commissioner, the data immediately 
 13.18  become public data.  
 13.19     (c) If data under subdivision 1, clause (3), are nonpublic 
 13.20  data under the provisions of section 103I.605, subdivision 4, 
 13.21  clause (c), the data become public data pursuant to the 
 13.22  provisions of section 103I.605, subdivision 4, clauses (c) and 
 13.23  (d). 
 13.24     Sec. 19.  Minnesota Statutes 1994, section 13.82, 
 13.25  subdivision 3a, is amended to read: 
 13.26     Subd. 3a.  [AUDIO RECORDING OF 911 CALL.] The audio 
 13.27  recording of a call placed to a 911 system for the purpose of 
 13.28  requesting service from a law enforcement, fire, or medical 
 13.29  agency is private data on individuals with respect to the 
 13.30  individual making the call, except that a written transcript of 
 13.31  the audio recording is public, unless it reveals the identity of 
 13.32  an individual otherwise protected under subdivision 10.  A 
 13.33  transcript shall be prepared upon request.  The person 
 13.34  requesting the transcript shall pay the actual cost of 
 13.35  transcribing the call, in addition to any other applicable costs 
 13.36  provided under section 13.03, subdivision 3.  The audio 
 14.1   recording may be disseminated to law enforcement agencies for 
 14.2   investigative purposes.  The audio recording may be used for 
 14.3   public safety dispatcher and emergency medical services training 
 14.4   purposes. 
 14.5      Sec. 20.  Minnesota Statutes 1994, section 13.82, 
 14.6   subdivision 5, is amended to read: 
 14.7      Subd. 5.  [CRIMINAL INVESTIGATIVE DATA COLLECTION.] Except 
 14.8   for the data defined in subdivisions 2, 3, and 4, investigative 
 14.9   data collected or created by a law enforcement agency in order 
 14.10  to prepare a case against a person, whether known or unknown, 
 14.11  for the commission of a crime or civil wrong other offense for 
 14.12  which the agency has primary investigative responsibility is 
 14.13  confidential or protected nonpublic while the investigation is 
 14.14  active.  Inactive investigative data is public unless the 
 14.15  release of the data would jeopardize another ongoing 
 14.16  investigation or would reveal the identity of individuals 
 14.17  protected under subdivision 10.  Photographs which are part of 
 14.18  inactive investigative files and which are clearly offensive to 
 14.19  common sensibilities are classified as private or nonpublic 
 14.20  data, provided that the existence of the photographs shall be 
 14.21  disclosed to any person requesting access to the inactive 
 14.22  investigative file.  An investigation becomes inactive upon the 
 14.23  occurrence of any of the following events:  
 14.24     (a) a decision by the agency or appropriate prosecutorial 
 14.25  authority not to pursue the case; 
 14.26     (b) expiration of the time to bring a charge or file a 
 14.27  complaint under the applicable statute of limitations, or 30 
 14.28  years after the commission of the offense, whichever comes 
 14.29  earliest; or 
 14.30     (c) exhaustion of or expiration of all rights of appeal by 
 14.31  a person convicted on the basis of the investigative data.  
 14.32     Any investigative data presented as evidence in court shall 
 14.33  be public.  Data determined to be inactive under clause (a) may 
 14.34  become active if the agency or appropriate prosecutorial 
 14.35  authority decides to renew the investigation.  
 14.36     During the time when an investigation is active, any person 
 15.1   may bring an action in the district court located in the county 
 15.2   where the data is being maintained to authorize disclosure of 
 15.3   investigative data.  The court may order that all or part of the 
 15.4   data relating to a particular investigation be released to the 
 15.5   public or to the person bringing the action.  In making the 
 15.6   determination as to whether investigative data shall be 
 15.7   disclosed, the court shall consider whether the benefit to the 
 15.8   person bringing the action or to the public outweighs any harm 
 15.9   to the public, to the agency or to any person identified in the 
 15.10  data.  The data in dispute shall be examined by the court in 
 15.11  camera.  
 15.12     Sec. 21.  Minnesota Statutes 1994, section 13.82, is 
 15.13  amended by adding a subdivision to read: 
 15.14     Subd. 5c.  [NAME CHANGE DATA.] Data on court records 
 15.15  relating to name changes under section 259.10, subdivision 2, 
 15.16  which is held by a law enforcement agency is confidential data 
 15.17  on an individual while an investigation is active and is private 
 15.18  data on an individual when the investigation becomes inactive. 
 15.19     Sec. 22.  Minnesota Statutes 1994, section 13.82, 
 15.20  subdivision 6, is amended to read: 
 15.21     Subd. 6.  [ACCESS TO DATA FOR CRIME VICTIMS.] On receipt of 
 15.22  a written request, the prosecuting authority shall release 
 15.23  investigative data collected by a law enforcement agency to the 
 15.24  victim of a criminal act or alleged criminal act or to the 
 15.25  victim's legal representative unless the release to the 
 15.26  individual subject of the data would be prohibited under section 
 15.27  13.3495, or the prosecuting authority reasonably believes:  
 15.28     (a) that the release of that data will interfere with the 
 15.29  investigation; or 
 15.30     (b) that the request is prompted by a desire on the part of 
 15.31  the requester to engage in unlawful activities.  
 15.32     Sec. 23.  Minnesota Statutes 1994, section 13.82, 
 15.33  subdivision 10, is amended to read: 
 15.34     Subd. 10.  [PROTECTION OF IDENTITIES.] A law enforcement 
 15.35  agency or a law enforcement dispatching agency working under 
 15.36  direction of a law enforcement agency may shall withhold public 
 16.1   access to data on individuals to protect the identity of 
 16.2   individuals in the following circumstances: 
 16.3      (a) when access to the data would reveal the identity of an 
 16.4   undercover law enforcement officer, as provided in section 
 16.5   13.43, subdivision 5; 
 16.6      (b) when access to the data would reveal the identity of a 
 16.7   victim or alleged victim of criminal sexual conduct or of a 
 16.8   violation of section 617.246, subdivision 2; 
 16.9      (c) when access to the data would reveal the identity of a 
 16.10  paid or unpaid informant being used by the agency if the agency 
 16.11  reasonably determines that revealing the identity of the 
 16.12  informant would threaten the personal safety of the informant; 
 16.13     (d) when access to the data would reveal the identity of a 
 16.14  victim of or witness to a crime if the victim or witness 
 16.15  specifically requests not to be identified publicly, and unless 
 16.16  the agency reasonably determines that revealing the identity of 
 16.17  the victim or witness would not threaten the personal safety or 
 16.18  property of the individual; 
 16.19     (e) when access to the data would reveal the identity of a 
 16.20  deceased person whose body was unlawfully removed from a 
 16.21  cemetery in which it was interred; 
 16.22     (f) when access to the data would reveal the identity of a 
 16.23  person who placed a call to a 911 system or the identity or 
 16.24  telephone number of a service subscriber whose phone is used to 
 16.25  place a call to the 911 system and:  (1) the agency determines 
 16.26  that revealing the identity may threaten the personal safety or 
 16.27  property of any person; or (2) the object of the call is to 
 16.28  receive help in a mental health emergency.  For the purposes of 
 16.29  this paragraph, a voice recording of a call placed to the 911 
 16.30  system is deemed to reveal the identity of the caller; or 
 16.31     (g) when access to the data would reveal the identity of a 
 16.32  juvenile witness and the agency reasonably determines that the 
 16.33  subject matter of the investigation justifies protecting the 
 16.34  identity of the witness.  
 16.35     Data concerning individuals whose identities are protected 
 16.36  by this subdivision are private data about those individuals.  
 17.1   Law enforcement agencies shall establish procedures to acquire 
 17.2   the data and make the decisions necessary to protect the 
 17.3   identity of individuals described in clauses (c), (d), (f), and 
 17.4   (g). 
 17.5      Sec. 24.  Minnesota Statutes 1994, section 13.82, is 
 17.6   amended by adding a subdivision to read: 
 17.7      Subd. 17.  [BOOKING PHOTOGRAPHS.] (a) For purposes of this 
 17.8   subdivision, "booking photograph" means a photograph or image, 
 17.9   electronically produced, taken by law enforcement for 
 17.10  identification purposes in connection with the arrest of a 
 17.11  person. 
 17.12     (b) Except as otherwise provided in this subdivision, a 
 17.13  booking photograph is public data.  A law enforcement agency may 
 17.14  temporarily withhold access to a booking photograph if the 
 17.15  agency determines that access will adversely affect an active 
 17.16  investigation. 
 17.17     Sec. 25.  Minnesota Statutes 1994, section 13.83, 
 17.18  subdivision 2, is amended to read: 
 17.19     Subd. 2.  [PUBLIC DATA.] Unless specifically classified 
 17.20  otherwise by state statute or federal law, the following data 
 17.21  created or collected by a medical examiner or coroner on a 
 17.22  deceased individual is public:  name of the deceased; date of 
 17.23  birth; date of death; address; sex; race; citizenship; height; 
 17.24  weight; hair color; eye color; build; complexion; age, if known, 
 17.25  or approximate age; identifying marks, scars and amputations; a 
 17.26  description of the decedent's clothing; marital status; location 
 17.27  of death including name of hospital where applicable; name of 
 17.28  spouse; whether or not the decedent ever served in the armed 
 17.29  forces of the United States; social security number; occupation; 
 17.30  business; father's name (also birth name, if different); 
 17.31  mother's name (also birth name, if different); birthplace; 
 17.32  birthplace of parents; cause of death; causes of cause of death; 
 17.33  whether an autopsy was performed and if so, whether it was 
 17.34  conclusive; date and place of injury, if applicable, including 
 17.35  work place; how injury occurred; whether death was caused by 
 17.36  accident, suicide, homicide, or was of undetermined cause; 
 18.1   certification of attendance by physician; physician's name and 
 18.2   address; certification by coroner or medical examiner; name and 
 18.3   signature of coroner or medical examiner; type of disposition of 
 18.4   body; burial place name and location, if applicable; date of 
 18.5   burial, cremation or removal; funeral home name and address; and 
 18.6   name of local register or funeral director.  
 18.7      Sec. 26.  Minnesota Statutes 1994, section 13.89, 
 18.8   subdivision 1, is amended to read: 
 18.9      Subdivision 1.  [MENTAL RETARDATION.] Data on clients and 
 18.10  residents of facilities or programs licensed pursuant to 
 18.11  sections 144.50 to 144.58, 245A.01 to 245A.16, and 252.28, 
 18.12  subdivision 2, may be disseminated to the protection and 
 18.13  advocacy system established in this state pursuant to Part C of 
 18.14  Public Law Number 98-527 to protect the legal and human rights 
 18.15  of persons with mental retardation or other related conditions 
 18.16  who live in residential facilities or programs for these persons 
 18.17  if: 
 18.18     (1) the protection and advocacy system receives a complaint 
 18.19  by or on behalf of that person; and 
 18.20     (2) the person does not have a legal guardian or the state 
 18.21  or a designee of the state is the legal guardian of the person. 
 18.22     Sec. 27.  Minnesota Statutes 1994, section 13.90, is 
 18.23  amended to read: 
 18.24     13.90 [GOVERNMENT DATA PRACTICES JUDICIARY EXEMPT.] 
 18.25     Subdivision 1.  [DEFINITION.] For purposes of this section, 
 18.26  "judiciary" means any office, officer, department, division, 
 18.27  board, commission, committee, or agency of the courts of this 
 18.28  state, whether or not of record, including but not limited to 
 18.29  the board of law examiners, the lawyer's professional 
 18.30  responsibility board, the board of judicial standards, the 
 18.31  lawyer's trust account board, the state law library, the state 
 18.32  court administrator's office, the district court administrator's 
 18.33  office, and the office of the court administrator. 
 18.34     Subd. 2.  [APPLICATION EXEMPTION.] The judiciary shall be 
 18.35  governed by this chapter until August 1, 1987, or until the 
 18.36  implementation of rules adopted by the supreme court regarding 
 19.1   access to data, whichever comes first.  Any data made a part of 
 19.2   a criminal or civil case shall not be governed by this chapter 
 19.3   at any time.  The judiciary is not governed by this chapter.  
 19.4   Access to data of the judiciary is governed by rules adopted by 
 19.5   the supreme court. 
 19.6      Sec. 28.  Minnesota Statutes 1994, section 13.99, 
 19.7   subdivision 60, is amended to read: 
 19.8      Subd. 60.  [OCCUPATIONAL SAFETY AND HEALTH.] Certain data 
 19.9   gathered or prepared by the commissioner of labor and industry 
 19.10  as part of occupational safety and health inspections are 
 19.11  classified under sections 182.659, subdivision subdivisions 8 
 19.12  and 9, and 182.668, subdivision 2. 
 19.13     Sec. 29.  Minnesota Statutes 1994, section 13.99, is 
 19.14  amended by adding a subdivision to read: 
 19.15     Subd. 109a.  [CHILD ABUSE VIDEO TAPES.] Access to child 
 19.16  abuse video tapes prepared as part of an investigation or 
 19.17  evaluation is governed by sections 13.3495 and 611A.90. 
 19.18     Sec. 30.  Minnesota Statutes 1994, section 128C.17, is 
 19.19  amended to read: 
 19.20     128C.17 [LEAGUE IS SUBJECT TO DATA PRACTICES ACT.] 
 19.21     The collection, creation, receipt, maintenance, 
 19.22  dissemination, or use of information by the state high school 
 19.23  league is subject to chapter 13.  The league must make data 
 19.24  relating to its eligibility determinations available to the 
 19.25  public in the form of summary data, with all personal 
 19.26  identifiers removed. 
 19.27     Sec. 31.  Minnesota Statutes 1994, section 144.0721, 
 19.28  subdivision 2, is amended to read: 
 19.29     Subd. 2.  [ACCESS TO DATA.] With the exception of summary 
 19.30  data, data on individuals that is collected, maintained, used, 
 19.31  or disseminated by the commissioner of health under subdivision 
 19.32  1 is private data on individuals and shall not be disclosed to 
 19.33  others except:  
 19.34     (1) under section 13.05; 
 19.35     (2) under a valid court order; 
 19.36     (3) to the nursing home or boarding care home in which the 
 20.1   individual resided at the time the assessment was completed; or 
 20.2      (4) to the commissioner of human services; or 
 20.3      (5) to a county for the purpose of assisting the individual 
 20.4   to be discharged from a nursing home or boarding care home and 
 20.5   returned to the community.  
 20.6      Sec. 32.  Minnesota Statutes 1994, section 144.225, is 
 20.7   amended by adding a subdivision to read: 
 20.8      Subd. 2a.  [HEALTH DATA ASSOCIATED WITH BIRTH 
 20.9   REGISTRATION.] Information from which an identification of risk 
 20.10  for disease, disability, or developmental delay in a mother or 
 20.11  child can be made, that is collected in conjunction with birth 
 20.12  registration or fetal death reporting, is private data as 
 20.13  defined in section 13.02, subdivision 12.  The commissioner may 
 20.14  disclose to a local board of health, as defined in section 
 20.15  145A.02, subdivision 2, health data associated with birth 
 20.16  registration which identifies a mother or child at high risk for 
 20.17  serious disease, disability, or developmental delay in order to 
 20.18  assure access to appropriate health, social or educational 
 20.19  services. 
 20.20     Sec. 33.  Minnesota Statutes 1994, section 144.335, 
 20.21  subdivision 2, is amended to read: 
 20.22     Subd. 2.  [PATIENT ACCESS.] (a) Upon request, a provider 
 20.23  shall supply to a patient complete and current information 
 20.24  possessed by that provider concerning any diagnosis, treatment 
 20.25  and prognosis of the patient in terms and language the patient 
 20.26  can reasonably be expected to understand. 
 20.27     (b) Except as provided in paragraph (e), upon a patient's 
 20.28  written request, a provider, at a reasonable cost to the 
 20.29  patient, shall promptly furnish to the patient (1) copies of the 
 20.30  patient's health record, including but not limited to laboratory 
 20.31  reports, X-rays, prescriptions, and other technical information 
 20.32  used in assessing the patient's health condition, or (2) the 
 20.33  pertinent portion of the record relating to a condition 
 20.34  specified by the patient.  With the consent of the patient, the 
 20.35  provider may instead furnish only a summary of the record.  The 
 20.36  provider may exclude from the health record written speculations 
 21.1   about the patient's health condition, except that all 
 21.2   information necessary for the patient's informed consent must be 
 21.3   provided. 
 21.4      (c) If a provider, as defined in subdivision 1, clause 
 21.5   (b)(1), reasonably determines that the information is 
 21.6   detrimental to the physical or mental health of the patient, or 
 21.7   is likely to cause the patient to inflict self harm, or to harm 
 21.8   another, the provider may withhold the information from the 
 21.9   patient and may supply the information to an appropriate third 
 21.10  party or to another provider, as defined in subdivision 1, 
 21.11  clause (b)(1).  The other provider or third party may release 
 21.12  the information to the patient. 
 21.13     (d) A provider as defined in subdivision 1, clause (b)(3), 
 21.14  shall release information upon written request unless, prior to 
 21.15  the request, a provider as defined in subdivision 1, clause 
 21.16  (b)(1), has designated and described a specific basis for 
 21.17  withholding the information as authorized by paragraph (c). 
 21.18     (e) A provider may condition the release of a copy of a 
 21.19  videotape of a child victim of physical or sexual abuse on the 
 21.20  execution of a stipulation and order, as provided in section 
 21.21  611A.90. 
 21.22     Sec. 34.  Minnesota Statutes 1994, section 144.3351, is 
 21.23  amended to read: 
 21.24     144.3351 [IMMUNIZATION DATA.] 
 21.25     Providers as defined in section 144.335, subdivision 1, 
 21.26  group purchasers as defined in section 62J.03, subdivision 6, 
 21.27  elementary or secondary schools or child care facilities as 
 21.28  defined in section 123.70, subdivision 9, public or private 
 21.29  post-secondary educational institutions as defined in section 
 21.30  135A.14, subdivision 1, paragraph (b), a board of health as 
 21.31  defined in section 145A.02, subdivision 2, community action 
 21.32  agencies as defined in section 268.53, subdivision 1, and the 
 21.33  commissioner of health may exchange immunization data with one 
 21.34  another, without the patient's consent, on the date and type of 
 21.35  immunizations administered to a patient, regardless of the date 
 21.36  of immunization, if the person requesting access provides 
 22.1   services on behalf of the patient.  For purposes of this section 
 22.2   immunization data includes:  
 22.3      (i) patient's name, address, date of birth, gender, parent 
 22.4   or guardian's name, unique patient identification numbers as 
 22.5   defined in section 62J.54, subdivision 4; and 
 22.6      (ii) date vaccine was received, vaccine type, lot number, 
 22.7   and manufacturer of all immunizations received by the patient, 
 22.8   and whether there is a contradiction or an adverse reaction 
 22.9   indication, regardless of the date of the immunization. 
 22.10     Sec. 35.  Minnesota Statutes 1994, section 144.651, 
 22.11  subdivision 21, is amended to read: 
 22.12     Subd. 21.  [COMMUNICATION PRIVACY.] Patients and residents 
 22.13  may associate and communicate privately with persons of their 
 22.14  choice and enter and, except as provided by the Minnesota 
 22.15  Commitment Act, leave the facility as they choose.  Patients and 
 22.16  residents shall have access, at their expense, to writing 
 22.17  instruments, stationery, and postage.  Personal mail shall be 
 22.18  sent without interference and received unopened unless medically 
 22.19  or programmatically contraindicated and documented by the 
 22.20  physician in the medical record.  There shall be access to a 
 22.21  telephone where patients and residents can make and receive 
 22.22  calls as well as speak privately.  Facilities which are unable 
 22.23  to provide a private area shall make reasonable arrangements to 
 22.24  accommodate the privacy of patients' or residents' calls.  Upon 
 22.25  admission to a facility, a patient or resident, or the patient's 
 22.26  or resident's legal guardian or conservator, shall be given the 
 22.27  opportunity to authorize disclosure of the patient's or 
 22.28  resident's presence in the facility, to callers or visitors who 
 22.29  may seek to communicate with the patient or resident.  This 
 22.30  disclosure option must be made available in all cases where 
 22.31  federal law prohibits unauthorized disclosure of patient or 
 22.32  resident identifying information to callers and visitors, the 
 22.33  patient or resident, or the legal guardian or conservator of the 
 22.34  patient or resident, shall be given the opportunity to authorize 
 22.35  disclosure of the patient's or resident's presence in the 
 22.36  facility to callers and visitors who may seek to communicate 
 23.1   with the patient or resident.  To the extent possible, the legal 
 23.2   guardian or conservator of a patient or resident shall consider 
 23.3   the opinions of the patient or resident regarding the disclosure 
 23.4   of the patient's or resident's presence in the facility.  This 
 23.5   right is limited where medically inadvisable, as documented by 
 23.6   the attending physician in a patient's or resident's care 
 23.7   record.  Where programmatically limited by a facility abuse 
 23.8   prevention plan pursuant to section 626.557, subdivision 14, 
 23.9   clause 2, this right shall also be limited accordingly.  
 23.10     Sec. 36.  Minnesota Statutes 1994, section 144.651, 
 23.11  subdivision 26, is amended to read: 
 23.12     Subd. 26.  [RIGHT TO ASSOCIATE.] Residents may meet with 
 23.13  visitors and participate in activities of commercial, religious, 
 23.14  political, as defined in section 203B.11 and community groups 
 23.15  without interference at their discretion if the activities do 
 23.16  not infringe on the right to privacy of other residents or are 
 23.17  not programmatically contraindicated.  This includes the right 
 23.18  to join with other individuals within and outside the facility 
 23.19  to work for improvements in long-term care.  Upon admission to a 
 23.20  facility, a patient or resident, or the patient's or resident's 
 23.21  legal guardian or conservator, shall be given the opportunity to 
 23.22  authorize disclosure of the patient's or resident's presence in 
 23.23  the facility, to callers or visitors who may seek to communicate 
 23.24  with the patient or resident.  This disclosure option must be 
 23.25  made available in all cases where federal law prohibits 
 23.26  unauthorized disclosure of patient or resident identifying 
 23.27  information to callers and visitors, the patient or resident, or 
 23.28  the legal guardian or conservator of the patient or resident, 
 23.29  shall be given the opportunity to authorize disclosure of the 
 23.30  patient's or resident's presence in the facility to callers and 
 23.31  visitors who may seek to communicate with the patient or 
 23.32  resident.  To the extent possible, the legal guardian or 
 23.33  conservator of a patient or resident shall consider the opinions 
 23.34  of the patient or resident regarding the disclosure of the 
 23.35  patient's or resident's presence in the facility. 
 23.36     Sec. 37.  Minnesota Statutes 1994, section 171.07, 
 24.1   subdivision 1a, is amended to read: 
 24.2      Subd. 1a.  [FILING PHOTOGRAPHS OR IMAGES; DATA 
 24.3   CLASSIFICATION.] The department shall file, or contract to file, 
 24.4   all photographs or electronically produced images obtained in 
 24.5   the process of issuing driver licenses or Minnesota 
 24.6   identification cards.  The photographs or electronically 
 24.7   produced images shall be private data pursuant to section 13.02, 
 24.8   subdivision 12.  Notwithstanding section 13.04, subdivision 3, 
 24.9   the department shall not be required to provide copies of 
 24.10  photographs or electronically produced images to data subjects.  
 24.11  The use of the files is restricted: 
 24.12     (1) to the issuance and control of driver licenses; 
 24.13     (2) for law enforcement purposes in the investigation and 
 24.14  prosecution of felonies and violations of section 169.09; 
 24.15  169.121; 169.123; 169.129; 171.22; 171.24; 171.30; 609.41; 
 24.16  609.487, subdivision 3; 609.631, subdivision 4, clause (3); 
 24.17  609.821, subdivision 3, clauses (1), item (iv), and (3); or 
 24.18  617.23, and all gross misdemeanors; and 
 24.19     (3) for child support enforcement purposes under section 
 24.20  256.978. 
 24.21     Sec. 38.  Minnesota Statutes 1994, section 171.12, 
 24.22  subdivision 3, is amended to read: 
 24.23     Subd. 3.  [APPLICATIONS AND RECORDS, WHEN DESTROYED.] The 
 24.24  department may cause applications for drivers' licenses and 
 24.25  instruction permits, and related records, to be destroyed 
 24.26  immediately after the period for which issued, except that: 
 24.27     (1) the driver's record pertaining to revocations, 
 24.28  suspensions, cancellations, disqualifications, convictions, and 
 24.29  accidents shall be cumulative and kept for a period of at least 
 24.30  five years; and 
 24.31     (2) the driver's record pertaining to the alcohol-related 
 24.32  offenses and licensing actions listed in section 169.121, 
 24.33  subdivision 3, and to violations of sections 169.1211 and 
 24.34  171.24, subdivision 5, shall be cumulative and kept for a period 
 24.35  of at least 15 years. 
 24.36     Sec. 39.  Minnesota Statutes 1994, section 182.659, 
 25.1   subdivision 8, is amended to read: 
 25.2      Subd. 8.  Neither the commissioner nor any employee of the 
 25.3   department, including those employees of the department of 
 25.4   health providing services to the department of labor and 
 25.5   industry, pursuant to section 182.67, subdivision 1, is subject 
 25.6   to subpoena for purposes of inquiry into any occupational safety 
 25.7   and health inspection except in enforcement proceedings brought 
 25.8   under this chapter.  All written information, documentation and 
 25.9   reports gathered or prepared by the department pursuant to an 
 25.10  occupational safety and health inspection are public information 
 25.11  once the departmental inspection file is closed.  
 25.12     Sec. 40.  Minnesota Statutes 1994, section 182.659, is 
 25.13  amended by adding a subdivision to read: 
 25.14     Subd. 9.  Notwithstanding section 13.39, and except as 
 25.15  provided by section 13.30, access to investigative data 
 25.16  collected, created, received, and maintained pursuant to the 
 25.17  enforcement of this chapter is governed by this subdivision.  
 25.18     (a) Investigative data on an individual which is part of an 
 25.19  active investigation or is being maintained in anticipation of a 
 25.20  civil or administrative action is classified as confidential 
 25.21  data on individuals under section 13.02, subdivision 3.  
 25.22     (b) Investigative data not on an individual which is part 
 25.23  of an active investigation or is being maintained in 
 25.24  anticipation of a civil or administrative action is classified 
 25.25  as protected nonpublic data under section 13.02, subdivision 13. 
 25.26     (c) The names and addresses of employers investigated, 
 25.27  citations and notifications of penalty issued as a result of 
 25.28  investigations, and employers' notices of contest are classified 
 25.29  as public data. 
 25.30     (d) Investigative data which is part of an inactive 
 25.31  investigation is public data except as provided in paragraph 
 25.32  (e).  An investigation becomes inactive upon the occurrence of 
 25.33  any of the following events: 
 25.34     (1) no citation and notification of penalty is issued as a 
 25.35  result of the investigation within six months after the closing 
 25.36  conference; 
 26.1      (2) a citation and notification of penalty issued as a 
 26.2   result of the investigation is rescinded by the commissioner; or 
 26.3      (3) a citation and notification of penalty issued as a 
 26.4   result of the investigation has been dismissed or become a final 
 26.5   order of the commissioner and all rights of appeal by any party 
 26.6   have either been exhausted or have expired. 
 26.7      (e) The following investigative data which is part of an 
 26.8   inactive investigation is not public: 
 26.9      (1) investigative data that identifies individuals who 
 26.10  provide the commissioner in confidence data about violations of 
 26.11  this chapter or any standard, rule, or order promulgated under 
 26.12  the authority of the commissioner; 
 26.13     (2) investigative data protected under subdivision 4; and 
 26.14     (3) investigative data protected under section 182.663, 
 26.15  subdivision 4. 
 26.16     This data continues to be classified as confidential data 
 26.17  on individuals under section 13.02, subdivision 3, or protected 
 26.18  nonpublic data under section 13.02, subdivision 13. 
 26.19     (f) The commissioner may make accessible to any person, 
 26.20  agency, or the public, any data classified as confidential or 
 26.21  protected nonpublic data pursuant to this subdivision, if the 
 26.22  commissioner determines that the access will aid the law 
 26.23  enforcement process or promote public health and safety. 
 26.24     (g) Investigative data provided by an employee to the 
 26.25  commissioner pursuant to an investigation conducted by the 
 26.26  commissioner under section 182.669, which is part of an active 
 26.27  or inactive investigation, is accessible to the employee in 
 26.28  accordance with section 13.04, subdivision 3.  The employee may 
 26.29  consent to the release of the data to the employee's attorney or 
 26.30  other legal representative. 
 26.31     Sec. 41.  Minnesota Statutes 1994, section 253B.03, 
 26.32  subdivision 3, is amended to read: 
 26.33     Subd. 3.  [VISITORS AND PHONE CALLS.] Subject to the 
 26.34  general rules of the treatment facility, a patient has the right 
 26.35  to receive visitors and make phone calls.  The head of the 
 26.36  treatment facility may restrict visits and phone calls on 
 27.1   determining that the medical welfare of the patient requires 
 27.2   it.  Any limitation imposed on the exercise of the patient's 
 27.3   visitation and phone call rights and the reason for it shall be 
 27.4   made a part of the clinical record of the patient.  Upon 
 27.5   admission to a facility, a patient or resident, or the patient's 
 27.6   or resident's legal guardian or conservator, shall be given the 
 27.7   opportunity to authorize disclosure of the patient's or 
 27.8   resident's presence in the facility, to callers or visitors who 
 27.9   may seek to communicate with the patient or resident.  This 
 27.10  disclosure option must be made available in all cases where 
 27.11  federal law prohibits unauthorized disclosure of patient or 
 27.12  resident identifying information to callers and visitors, the 
 27.13  patient or resident, or the legal guardian or conservator of the 
 27.14  patient or resident, shall be given the opportunity to authorize 
 27.15  disclosure of the patient's or resident's presence in the 
 27.16  facility to callers and visitors who may seek to communicate 
 27.17  with the patient or resident.  To the extent possible, the legal 
 27.18  guardian or conservator of a patient or resident shall consider 
 27.19  the opinions of the patient or resident regarding the disclosure 
 27.20  of the patient's or resident's presence in the facility. 
 27.21     Sec. 42.  Minnesota Statutes 1994, section 253B.03, 
 27.22  subdivision 4, is amended to read: 
 27.23     Subd. 4.  [SPECIAL VISITATION; RELIGION.] A patient has the 
 27.24  right to meet with or call a personal physician, spiritual 
 27.25  advisor, and counsel at all reasonable times.  Upon admission to 
 27.26  a facility, a patient or resident, or the patient's or 
 27.27  resident's legal guardian or conservator, shall be given the 
 27.28  opportunity to authorize disclosure of the patient's or 
 27.29  resident's presence in the facility, to callers or visitors who 
 27.30  may seek to communicate with the patient or resident.  This 
 27.31  disclosure option must be made available in all cases where 
 27.32  federal law prohibits unauthorized disclosure of patient or 
 27.33  resident identifying information to callers and visitors, the 
 27.34  patient or resident, or the legal guardian or conservator of the 
 27.35  patient or resident, shall be given the opportunity to authorize 
 27.36  disclosure of the patient's or resident's presence in the 
 28.1   facility to callers and visitors who may seek to communicate 
 28.2   with the patient or resident.  To the extent possible, the legal 
 28.3   guardian or conservator of a patient or resident shall consider 
 28.4   the opinions of the patient or resident regarding the disclosure 
 28.5   of the patient's or resident's presence in the facility.  The 
 28.6   patient has the right to continue the practice of religion. 
 28.7      Sec. 43.  Minnesota Statutes 1994, section 259.10, is 
 28.8   amended to read: 
 28.9      259.10 [PROCEDURE GENERAL REQUIREMENTS.] 
 28.10     Subdivision 1.  [PROCEDURE.] A person who shall have 
 28.11  resided in this state for six months may apply to the district 
 28.12  court in the county where the person resides to change the 
 28.13  person's name, the names of minor children, if any, and the name 
 28.14  of a spouse, if the spouse joins in the application, in the 
 28.15  manner herein specified.  The person shall state in the 
 28.16  application the name and age of the spouse and each of the 
 28.17  children, if any, and shall describe all lands in the state in 
 28.18  or upon which the person, the children and the spouse if their 
 28.19  names are also to be changed by the application, claim any 
 28.20  interest or lien, and shall appear personally before the court 
 28.21  and prove identity by at least two witnesses.  If the person be 
 28.22  a minor, the application shall be made by the person's guardian 
 28.23  or next of kin.  The court shall accept the certificate of 
 28.24  dissolution prepared pursuant to section 518.148 as conclusive 
 28.25  evidence of the facts recited in the certificate and may not 
 28.26  require the person to provide the court a copy of the judgment 
 28.27  and decree of dissolution.  Every person who, with intent to 
 28.28  defraud, shall make a false statement in any such application 
 28.29  shall be guilty of a misdemeanor provided, however, that no 
 28.30  minor child's name may be changed without both parents having 
 28.31  notice of the pending of the application for change of name, 
 28.32  whenever practicable, as determined by the court. 
 28.33     Subd. 2.  [WITNESS AND VICTIM PROTECTION NAME CHANGES; 
 28.34  PRIVATE DATA.] If the court finds that a name change for an 
 28.35  individual was made in connection with the individual's 
 28.36  participation in a witness and victim protection program, court 
 29.1   records of the name change shall not be disclosed to the public; 
 29.2   except that they may be released, upon request, to a law 
 29.3   enforcement agency conducting a lawful investigation.  The 
 29.4   existence of an application for a name change described in this 
 29.5   subdivision may not be disclosed except to a law enforcement 
 29.6   agency conducting a lawful investigation. 
 29.7      Sec. 44.  Minnesota Statutes 1994, section 268.0122, is 
 29.8   amended by adding a subdivision to read: 
 29.9      Subd. 6.  [CLASSIFICATION OF DATA ON INDIVIDUALS.] Data 
 29.10  collected on individuals pursuant to a program operated by the 
 29.11  commissioner are private data on individuals as defined in 
 29.12  section 13.02, subdivision 12, unless more restrictively 
 29.13  classified by law.  Notwithstanding this classification, the 
 29.14  commissioner may disclose any data collected for purposes of 
 29.15  meeting the data subject's needs or to assist in evaluating the 
 29.16  effectiveness of a program.  Nothing in this subdivision limits 
 29.17  the sharing or exchanging of data authorized by state or federal 
 29.18  law. 
 29.19     Sec. 45.  Minnesota Statutes 1994, section 268.0124, is 
 29.20  amended to read: 
 29.21     268.0124 [PLAIN LANGUAGE IN WRITTEN MATERIALS.] 
 29.22     (a) To the extent reasonable and consistent with the goals 
 29.23  of providing easily understandable and readable materials and 
 29.24  complying with federal and state laws governing the programs, 
 29.25  all written materials relating to services and determinations of 
 29.26  eligibility for or amounts of benefits that will be given to 
 29.27  applicants for or recipients of assistance under a program 
 29.28  administered or supervised by the commissioner of economic 
 29.29  security must be understandable to a person who reads at the 
 29.30  seventh-grade level, using the Flesch scale analysis readability 
 29.31  score as determined under section 72C.09 of average intelligence 
 29.32  and education. 
 29.33     (b) All written materials relating to determinations of 
 29.34  eligibility for or amounts of benefits that will be given to 
 29.35  applicants for or recipients of assistance under programs 
 29.36  administered or supervised by the commissioner of economic 
 30.1   security must be developed to satisfy the plain language 
 30.2   requirements of the plain language contract act under sections 
 30.3   325G.29 to 325G.36.  Materials may be submitted to the attorney 
 30.4   general for review and certification.  Notwithstanding section 
 30.5   325G.35, subdivision 1, the attorney general shall review 
 30.6   submitted materials to determine whether they comply with the 
 30.7   requirements of section 325G.31.  The remedies available 
 30.8   pursuant to sections 8.31 and 325G.33 to 325G.36 do not apply to 
 30.9   these materials.  Failure to comply with this section does not 
 30.10  provide a basis for suspending the implementation or operation 
 30.11  of other laws governing programs administered by the 
 30.12  commissioner. 
 30.13     (c) The requirements of this section apply to all materials 
 30.14  modified or developed by the commissioner on or after July 1, 
 30.15  1988.  The requirements of this section do not apply to 
 30.16  materials that must be submitted to a federal agency for 
 30.17  approval, to the extent that application of the requirements 
 30.18  prevents federal approval. 
 30.19     (d) Nothing in this section may be construed to prohibit a 
 30.20  lawsuit brought to require the commissioner to comply with this 
 30.21  section or to affect individual appeal rights granted pursuant 
 30.22  to section 268.10. 
 30.23     (e) The commissioner shall report annually to the chairs of 
 30.24  the health and human services divisions of the senate finance 
 30.25  committee and the house of representatives appropriations 
 30.26  committee on the number and outcome of cases that raise the 
 30.27  issue of the commissioner's compliance with this section. 
 30.28     Sec. 46.  Minnesota Statutes 1994, section 270B.02, 
 30.29  subdivision 3, is amended to read: 
 30.30     Subd. 3.  [CONFIDENTIAL DATA ON INDIVIDUALS; PROTECTED 
 30.31  NONPUBLIC DATA.] (a) Except as provided in paragraph (b), 
 30.32  names the name or existence of informers an informer, informer 
 30.33  letters, and other unsolicited data, in whatever form, given to 
 30.34  the department of revenue by a person, other than the data 
 30.35  subject, who informs that a specific taxpayer is not or may not 
 30.36  be in compliance with tax laws, or nontax laws administered by 
 31.1   the department of revenue, are confidential data on individuals 
 31.2   or protected nonpublic data as defined in section 13.02, 
 31.3   subdivisions 3 and 13. 
 31.4      (b) Data under paragraph (a) may be disclosed with the 
 31.5   consent of the informer or upon a written finding by a court 
 31.6   that the information provided by the informer was false and that 
 31.7   there is evidence that the information was provided in bad 
 31.8   faith.  This subdivision does not alter disclosure 
 31.9   responsibilities or obligations under the rules of criminal 
 31.10  procedure. 
 31.11     Sec. 47.  [270B.085] [DISCLOSURES IN COLLECTION ACTIONS.] 
 31.12     Subdivision 1.  [SEIZURE INFORMATION.] Following the 
 31.13  execution of a writ of entry under section 270.70, the 
 31.14  commissioner may disclose information identifying the individual 
 31.15  or business subject to the writ, the basis for the writ, and the 
 31.16  results of the execution, including lists of property seized. 
 31.17     Subd. 2.  [LIEN PAYOFF INFORMATION.] The commissioner may 
 31.18  disclose the outstanding obligation secured by a lien filed 
 31.19  under section 270.69, subdivision 2. 
 31.20     Sec. 48.  Minnesota Statutes 1994, section 270B.14, 
 31.21  subdivision 1, is amended to read: 
 31.22     Subdivision 1.  [DISCLOSURE TO COMMISSIONER OF HUMAN 
 31.23  SERVICES.] (a) On the request of the commissioner of human 
 31.24  services, the commissioner shall disclose return information 
 31.25  regarding taxes imposed by chapter 290, and claims for refunds 
 31.26  under chapter 290A, to the extent provided in paragraph (b) and 
 31.27  for the purposes set forth in paragraph (c). 
 31.28     (b) Data that may be disclosed are limited to data relating 
 31.29  to the identity, whereabouts, employment, income, and property 
 31.30  of a person owing or alleged to be owing an obligation of child 
 31.31  support. 
 31.32     (c) The commissioner of human services may request data 
 31.33  only for the purposes of carrying out the child support 
 31.34  enforcement program and to assist in the location of parents who 
 31.35  have, or appear to have, deserted their children.  Data received 
 31.36  may be used only as set forth in section 256.978. 
 32.1      (d) The commissioner shall provide the records and 
 32.2   information necessary to administer the supplemental housing 
 32.3   allowance to the commissioner of human services.  
 32.4      (e) At the request of the commissioner of human services, 
 32.5   the commissioner of revenue shall electronically match the 
 32.6   social security numbers and names of participants in the 
 32.7   telephone assistance plan operated under sections 237.69 to 
 32.8   237.711, with those of property tax refund filers, and determine 
 32.9   whether each participant's household income is within the 
 32.10  eligibility standards for the telephone assistance plan. 
 32.11     (f) The commissioner may provide records and information 
 32.12  collected under sections 295.50 to 295.59 to the commissioner of 
 32.13  human services for purposes of the Medicaid Voluntary 
 32.14  Contribution and Provider-Specific Tax Amendments of 1991, 
 32.15  Public Law Number 102-234.  Upon the written agreement by the 
 32.16  United States Department of Health and Human Services to 
 32.17  maintain the confidentiality of the data, the commissioner may 
 32.18  provide records and information collected under sections 295.50 
 32.19  to 295.59 to the Health Care Financing Administration section of 
 32.20  the United States Department of Health and Human Services for 
 32.21  purposes of meeting federal reporting requirements.  
 32.22     (g) The commissioner may provide records and information to 
 32.23  the commissioner of human services as necessary to administer 
 32.24  the early refund of refundable tax credits. 
 32.25     Sec. 49.  [270B.161] [DATA AND INFORMATION ON MINE VALUE OF 
 32.26  ORE.] 
 32.27     Notwithstanding the remaining provisions of this chapter, 
 32.28  or any other provision of law, all data collected from taxpayers 
 32.29  and maintained by the commissioner for the purpose of 
 32.30  determining the mine value of ore under section 298.01 is 
 32.31  nonpublic data as defined in section 13.02, subdivision 9.  
 32.32     Sec. 50.  Minnesota Statutes 1994, section 299C.11, is 
 32.33  amended to read: 
 32.34     299C.11 [IDENTIFICATION DATA FURNISHED TO BUREAU.] 
 32.35     The sheriff of each county and the chief of police of each 
 32.36  city of the first, second, and third classes shall furnish the 
 33.1   bureau, upon such form as the superintendent shall prescribe, 
 33.2   with such finger and thumb prints, photographs, distinctive 
 33.3   physical mark identification data, and other identification data 
 33.4   as may be requested or required by the superintendent of the 
 33.5   bureau, which may be taken under the provisions of section 
 33.6   299C.10, of persons who shall be convicted of a felony, gross 
 33.7   misdemeanor, or who shall be found to have been convicted of a 
 33.8   felony or gross misdemeanor, within ten years next preceding 
 33.9   their arrest.  Upon the determination of all pending criminal 
 33.10  actions or proceedings in favor of the arrested person, the 
 33.11  arrested person shall, upon demand, have all such finger and 
 33.12  thumb prints, photographs, distinctive physical mark 
 33.13  identification data, and other identification data, and all 
 33.14  copies and duplicates thereof, returned, provided it is not 
 33.15  established that the arrested person has been convicted of any 
 33.16  felony, either within or without the state, within the period of 
 33.17  ten years immediately preceding such determination.  
 33.18     For purposes of this section, "determination of all pending 
 33.19  criminal actions or proceedings in favor of the arrested person" 
 33.20  does not include: 
 33.21     (1) the sealing of a criminal record pursuant to section 
 33.22  152.18, subdivision 1, 242.31, or 609.168; or 
 33.23     (2) the arrested person's successful completion of a 
 33.24  diversion program. 
 33.25     Sec. 51.  Minnesota Statutes 1994, section 336.9-407, is 
 33.26  amended to read: 
 33.27     336.9-407 [INFORMATION FROM FILING OFFICER.] 
 33.28     (1) If the person filing any financing statement, 
 33.29  termination statement, statement of assignment, or statement of 
 33.30  release, furnishes the filing officer a copy thereof, the filing 
 33.31  officer shall upon request note upon the copy the file number 
 33.32  and date and hour of the filing of the original and deliver or 
 33.33  send the copy to such person. 
 33.34     (2) Upon request of any person, the filing officer shall 
 33.35  conduct a search of the statewide computerized uniform 
 33.36  commercial code database for any active financing statements 
 34.1   naming a particular debtor.  The filing officer shall report the 
 34.2   findings as of the date and hour of the search by issuing:  
 34.3      (a) a certificate listing the file number, date, and hour 
 34.4   of each filing and the names and addresses of each secured 
 34.5   party; 
 34.6      (b) photocopies of those original documents on file and 
 34.7   located in the office of the filing officer; or 
 34.8      (c) upon request, both the certificate and the photocopies 
 34.9   referred to in (b).  
 34.10     The uniform fee for conducting the search and for preparing 
 34.11  a certificate shall be $15 if the request is in the standard 
 34.12  form prescribed by the secretary of state.  This uniform fee 
 34.13  shall include up to ten photocopies of original documents.  If 
 34.14  the request for information is made on a form other than the 
 34.15  standard form prescribed by the secretary of state, the fee 
 34.16  shall be $20 and shall include up to ten photocopies of original 
 34.17  documents. 
 34.18     Another fee, at the same rate, shall also be charged for 
 34.19  conducting a search and preparing a certificate showing federal 
 34.20  and state tax liens on file with the filing officer naming a 
 34.21  particular debtor.  
 34.22     There shall be an additional fee of $1 per page for a 
 34.23  photocopy of each financing statement or tax lien prepared in 
 34.24  excess of the first ten.  
 34.25     Notwithstanding the fees set in this section, a natural 
 34.26  person who is the subject of data must, upon the person's 
 34.27  request, be shown the data without charge, and upon request be 
 34.28  provided with photocopies of the data upon payment of no more 
 34.29  than the actual cost of making the copies. 
 34.30     Notwithstanding section 13.49, a filing officer may include 
 34.31  social security number information in a report of the findings 
 34.32  following a search of the statewide computerized uniform 
 34.33  commercial code database or the state and federal tax liens on 
 34.34  file with the filing officer.  A filing officer may also include 
 34.35  social security number information on a photocopy of an original 
 34.36  document on file whether provided in response to a request for 
 35.1   information or in response to a request made pursuant to section 
 35.2   13.03. 
 35.3      Sec. 52.  Minnesota Statutes 1994, section 336.9-411, is 
 35.4   amended to read: 
 35.5      336.9-411 [COMPUTERIZED FILING SYSTEM.] 
 35.6      (a) The secretary of state shall develop and implement a 
 35.7   statewide computerized filing system to accumulate and 
 35.8   disseminate information relative to lien statements, financing 
 35.9   statements, state and federal tax lien notices, and other 
 35.10  uniform commercial code documents.  The computerized filing 
 35.11  system must allow information to be entered and retrieved from 
 35.12  the computerized filing system by county recorders, the 
 35.13  department of revenue, the department of economic security, and 
 35.14  the Internal Revenue Service.  
 35.15     (b) County recorders shall enter information relative to 
 35.16  lien statements, financing statements, state and federal tax 
 35.17  lien notices, and other uniform commercial code documents filed 
 35.18  in their offices into a central database maintained by the 
 35.19  secretary of state.  The information must be entered under the 
 35.20  rules of the secretary of state.  This requirement does not 
 35.21  apply to tax lien notices filed under sections 268.161, 
 35.22  subdivision 1, paragraph (b), clause (2); 270.69, subdivision 2, 
 35.23  paragraph (b), clause (2); and 272.488, subdivision 1, but does 
 35.24  apply to entry of the date and time of receipt and county 
 35.25  recorder's file number of those notices.  
 35.26     (c) The secretary of state may allow private parties to 
 35.27  have electronic-view-only access to the computerized filing 
 35.28  system and to other computerized records maintained by the 
 35.29  secretary of state on a fee basis, except that visual access to 
 35.30  electronic display terminals at the public counters at the 
 35.31  secretary of state's office will be without charge and available 
 35.32  during public counter hours.  If the computerized filing system 
 35.33  allows a form of electronic access to information regarding the 
 35.34  obligations of debtors, the access must be available 24 hours a 
 35.35  day, every day of the year. 
 35.36     Notwithstanding section 13.49, private parties who have 
 36.1   electronic-view-only access to computerized records may view the 
 36.2   social security number information about a debtor that is of 
 36.3   record. 
 36.4      (d) The secretary of state shall adopt rules to implement 
 36.5   the computerized filing system.  The secretary of state may 
 36.6   adopt permanent and emergency rules.  The rules must:  
 36.7      (1) allow filings to be made at the offices of all county 
 36.8   recorders and the secretary of state's office as required by 
 36.9   section 336.9-401; 
 36.10     (2) establish a central database for all information 
 36.11  relating to liens and security interests that are filed at the 
 36.12  offices of county recorders and the secretary of state; 
 36.13     (3) provide procedures for entering data into a central 
 36.14  database; 
 36.15     (4) allow the offices of all county recorders and the 
 36.16  secretary of state's office to add, modify, and delete 
 36.17  information in the central database as required by the uniform 
 36.18  commercial code; 
 36.19     (5) allow the offices of all county recorders and the 
 36.20  secretary of state's office to have access to the central 
 36.21  database for review and search capabilities; 
 36.22     (6) allow the offices of all county recorders to have 
 36.23  electronic-view-only access to the computerized business 
 36.24  information records on file with the secretary of state; 
 36.25     (7) require the secretary of state to maintain the central 
 36.26  database; 
 36.27     (8) provide security and protection of all information in 
 36.28  the central database and monitor the central database to ensure 
 36.29  that unauthorized entry is not allowed; 
 36.30     (9) require standardized information for entry into the 
 36.31  central database; 
 36.32     (10) prescribe an identification procedure for debtors and 
 36.33  secured parties that will enhance lien and financing statement 
 36.34  searches; and 
 36.35     (11) prescribe a procedure for phasing-in or converting 
 36.36  from the existing filing system to a computerized filing system. 
 37.1      (e) The secretary of state, county recorders, and their 
 37.2   employees and agents shall not be liable for any loss or damages 
 37.3   arising from errors in or omissions from information entered 
 37.4   into the computerized filing system as a result of the 
 37.5   electronic transmission of tax lien notices under sections 
 37.6   268.161, subdivision 1, paragraph (b), clause (2); 270.69, 
 37.7   subdivision 2, paragraph (b), clause (2); 272.483; and 272.488, 
 37.8   subdivision subdivisions 1 and 3. 
 37.9      Sec. 53.  Minnesota Statutes 1994, section 363.061, 
 37.10  subdivision 2, is amended to read: 
 37.11     Subd. 2.  [ACCESS TO OPEN FILES.] (a) Human rights 
 37.12  investigative data on an individual, with the exception of the 
 37.13  name and address of the charging party and respondent, factual 
 37.14  basis of the allegations, and the statute under which the action 
 37.15  is brought, contained in an open case file is classified as 
 37.16  confidential.  The name and address of the charging party and 
 37.17  respondent, factual basis of the allegations, and the statute 
 37.18  under which the action is brought are classified as private data 
 37.19  until seven working days after the commissioner has served a 
 37.20  copy of the charge on the respondent, at which time the data 
 37.21  become public data, unless the commissioner determines that 
 37.22  release of the data would be detrimental to the investigative 
 37.23  and enforcement process. 
 37.24     (b) Human rights investigative data not on an individual 
 37.25  contained in an open case file is classified as protected 
 37.26  nonpublic data. 
 37.27     (c) Notwithstanding this subdivision, the commissioner may 
 37.28  make human rights investigative data contained in an open case 
 37.29  file accessible to a person, government agency, or the public if 
 37.30  access will aid the investigative and enforcement process. 
 37.31     Sec. 54.  Minnesota Statutes 1994, section 595.02, 
 37.32  subdivision 1, is amended to read: 
 37.33     Subdivision 1.  [COMPETENCY OF WITNESSES.] Every person of 
 37.34  sufficient understanding, including a party, may testify in any 
 37.35  action or proceeding, civil or criminal, in court or before any 
 37.36  person who has authority to receive evidence, except as provided 
 38.1   in this subdivision: 
 38.2      (a) A husband cannot be examined for or against his wife 
 38.3   without her consent, nor a wife for or against her husband 
 38.4   without his consent, nor can either, during the marriage or 
 38.5   afterwards, without the consent of the other, be examined as to 
 38.6   any communication made by one to the other during the marriage. 
 38.7   This exception does not apply to a civil action or proceeding by 
 38.8   one against the other, nor to a criminal action or proceeding 
 38.9   for a crime committed by one against the other or against a 
 38.10  child of either or against a child under the care of either 
 38.11  spouse, nor to a criminal action or proceeding in which one is 
 38.12  charged with homicide or an attempt to commit homicide and the 
 38.13  date of the marriage of the defendant is subsequent to the date 
 38.14  of the offense, nor to an action or proceeding for nonsupport, 
 38.15  neglect, dependency, or termination of parental rights.  
 38.16     (b) An attorney cannot, without the consent of the 
 38.17  attorney's client, be examined as to any communication made by 
 38.18  the client to the attorney or the attorney's advice given 
 38.19  thereon in the course of professional duty; nor can any employee 
 38.20  of the attorney be examined as to the communication or advice, 
 38.21  without the client's consent.  
 38.22     (c) A member of the clergy or other minister of any 
 38.23  religion shall not, without the consent of the party making the 
 38.24  confession, be allowed to disclose a confession made to the 
 38.25  member of the clergy or other minister in a professional 
 38.26  character, in the course of discipline enjoined by the rules or 
 38.27  practice of the religious body to which the member of the clergy 
 38.28  or other minister belongs; nor shall a member of the clergy or 
 38.29  other minister of any religion be examined as to any 
 38.30  communication made to the member of the clergy or other minister 
 38.31  by any person seeking religious or spiritual advice, aid, or 
 38.32  comfort or advice given thereon in the course of the member of 
 38.33  the clergy's or other minister's professional character, without 
 38.34  the consent of the person.  
 38.35     (d) A licensed physician or surgeon, dentist, or 
 38.36  chiropractor shall not, without the consent of the patient, be 
 39.1   allowed to disclose any information or any opinion based thereon 
 39.2   which the professional acquired in attending the patient in a 
 39.3   professional capacity, and which was necessary to enable the 
 39.4   professional to act in that capacity; after the decease of the 
 39.5   patient, in an action to recover insurance benefits, where the 
 39.6   insurance has been in existence two years or more, the 
 39.7   beneficiaries shall be deemed to be the personal representatives 
 39.8   of the deceased person for the purpose of waiving this 
 39.9   privilege, and no oral or written waiver of the privilege shall 
 39.10  have any binding force or effect except when made upon the trial 
 39.11  or examination where the evidence is offered or received.  
 39.12     (e) A public officer shall not be allowed to disclose 
 39.13  communications made to the officer in official confidence when 
 39.14  the public interest would suffer by the disclosure.  
 39.15     (f) Persons of unsound mind and persons intoxicated at the 
 39.16  time of their production for examination are not competent 
 39.17  witnesses if they lack capacity to remember or to relate 
 39.18  truthfully facts respecting which they are examined. 
 39.19     (g) A registered nurse, psychologist, consulting 
 39.20  psychologist, or licensed social worker engaged in a 
 39.21  psychological or social assessment or treatment of an individual 
 39.22  at the individual's request shall not, without the consent of 
 39.23  the professional's client, be allowed to disclose any 
 39.24  information or opinion based thereon which the professional has 
 39.25  acquired in attending the client in a professional capacity, and 
 39.26  which was necessary to enable the professional to act in that 
 39.27  capacity.  Nothing in this clause exempts licensed social 
 39.28  workers from compliance with the provisions of sections 626.556 
 39.29  and 626.557.  
 39.30     (h) An interpreter for a person handicapped in 
 39.31  communication shall not, without the consent of the person, be 
 39.32  allowed to disclose any communication if the communication 
 39.33  would, if the interpreter were not present, be privileged.  For 
 39.34  purposes of this section, a "person handicapped in 
 39.35  communication" means a person who, because of a hearing, speech 
 39.36  or other communication disorder, or because of the inability to 
 40.1   speak or comprehend the English language, is unable to 
 40.2   understand the proceedings in which the person is required to 
 40.3   participate.  The presence of an interpreter as an aid to 
 40.4   communication does not destroy an otherwise existing privilege. 
 40.5      (i) Licensed chemical dependency counselors shall not 
 40.6   disclose information or an opinion based on the information 
 40.7   which they acquire from persons consulting them in their 
 40.8   professional capacities, and which was necessary to enable them 
 40.9   to act in that capacity, except that they may do so:  
 40.10     (1) when informed consent has been obtained in writing, 
 40.11  except in those circumstances in which not to do so would 
 40.12  violate the law or would result in clear and imminent danger to 
 40.13  the client or others; 
 40.14     (2) when the communications reveal the contemplation or 
 40.15  ongoing commission of a crime; or 
 40.16     (3) when the consulting person waives the privilege by 
 40.17  bringing suit or filing charges against the licensed 
 40.18  professional whom that person consulted.  
 40.19     (j) A parent or the parent's minor child may not be 
 40.20  examined as to any communication made in confidence by the minor 
 40.21  to the minor's parent.  A communication is confidential if made 
 40.22  out of the presence of persons not members of the child's 
 40.23  immediate family living in the same household.  This exception 
 40.24  may be waived by express consent to disclosure by a parent 
 40.25  entitled to claim the privilege or by the child who made the 
 40.26  communication or by failure of the child or parent to object 
 40.27  when the contents of a communication are demanded.  This 
 40.28  exception does not apply to a civil action or proceeding by one 
 40.29  spouse against the other or by a parent or child against the 
 40.30  other, nor to a proceeding to commit either the child or parent 
 40.31  to whom the communication was made or to place the person or 
 40.32  property or either under the control of another because of an 
 40.33  alleged mental or physical condition, nor to a criminal action 
 40.34  or proceeding in which the parent is charged with a crime 
 40.35  committed against the person or property of the communicating 
 40.36  child, the parent's spouse, or a child of either the parent or 
 41.1   the parent's spouse, or in which a child is charged with a crime 
 41.2   or act of delinquency committed against the person or property 
 41.3   of a parent or a child of a parent, nor to an action or 
 41.4   proceeding for termination of parental rights, nor any other 
 41.5   action or proceeding on a petition alleging child abuse, child 
 41.6   neglect, abandonment or nonsupport by a parent.  
 41.7      (k) Sexual assault counselors may not be compelled to 
 41.8   testify about any opinion or information received from or about 
 41.9   the victim without the consent of the victim.  However, a 
 41.10  counselor may be compelled to identify or disclose information 
 41.11  in investigations or proceedings related to neglect or 
 41.12  termination of parental rights if the court determines good 
 41.13  cause exists.  In determining whether to compel disclosure, the 
 41.14  court shall weigh the public interest and need for disclosure 
 41.15  against the effect on the victim, the treatment relationship, 
 41.16  and the treatment services if disclosure occurs.  Nothing in 
 41.17  this clause exempts sexual assault counselors from compliance 
 41.18  with the provisions of sections 626.556 and 626.557.  
 41.19     "Sexual assault counselor" for the purpose of this section 
 41.20  means a person who has undergone at least 40 hours of crisis 
 41.21  counseling training and works under the direction of a 
 41.22  supervisor in a crisis center, whose primary purpose is to 
 41.23  render advice, counseling, or assistance to victims of sexual 
 41.24  assault.  
 41.25     (l) A person cannot be examined as to any communication or 
 41.26  document, including worknotes, made or used in the course of or 
 41.27  because of mediation pursuant to an agreement to mediate.  This 
 41.28  does not apply to the parties in the dispute in an application 
 41.29  to a court by a party to have a mediated settlement agreement 
 41.30  set aside or reformed.  A communication or document otherwise 
 41.31  not privileged does not become privileged because of this 
 41.32  paragraph.  This paragraph is not intended to limit the 
 41.33  privilege accorded to communication during mediation by the 
 41.34  common law. 
 41.35     (m) A child under ten years of age is a competent witness 
 41.36  unless the court finds that the child lacks the capacity to 
 42.1   remember or to relate truthfully facts respecting which the 
 42.2   child is examined.  A child describing any act or event may use 
 42.3   language appropriate for a child of that age. 
 42.4      (n) A communication assistant for a telecommunications 
 42.5   relay system for communication-impaired persons shall not, 
 42.6   without the consent of the person making the communication, be 
 42.7   allowed to disclose communications made to the communication 
 42.8   assistant for the purpose of relaying. 
 42.9      (o) A peace officer, firefighter, medical emergency person, 
 42.10  dispatcher, or other persons involved with public safety 
 42.11  emergency services, engaged in a public safety peer counseling 
 42.12  debriefing of a person who was involved in a critical incident, 
 42.13  shall not, without the permission of the person being debriefed, 
 42.14  be allowed to disclose any information or opinion which the peer 
 42.15  group member has acquired during the debriefing.  However, this 
 42.16  does not prohibit a peer counselor from disclosing information 
 42.17  the peer counselor reasonably believes indicates that the person 
 42.18  may be a danger to self or others, if the information is used 
 42.19  only for the purpose of eliminating the danger to the person or 
 42.20  others.  Any information or opinion disclosed in violation of 
 42.21  this paragraph is not admissible as evidence in any civil 
 42.22  proceeding, criminal prosecution, or personnel or occupational 
 42.23  licensing matter involving the person being debriefed.  
 42.24     For purposes of this paragraph, "public safety peer 
 42.25  counseling debriefing" means a group process oriented debriefing 
 42.26  session held for peace officers, firefighters, medical emergency 
 42.27  persons, dispatchers, or other persons involved with public 
 42.28  safety emergency services, that is established by any agency 
 42.29  providing public safety emergency services and is designed to 
 42.30  help a person who has suffered an occupation-related traumatic 
 42.31  event begin the process of healing and effectively dealing with 
 42.32  posttraumatic stress. 
 42.33     Sec. 55.  [611A.90] [RELEASE OF VIDEOTAPES OF CHILD ABUSE 
 42.34  VICTIMS.] 
 42.35     Subdivision 1.  [DEFINITION.] For purposes of this section, 
 42.36  "physical abuse" and "sexual abuse" have the meanings given in 
 43.1   section 626.556, subdivision 2, except that abuse is not limited 
 43.2   to acts by a person responsible for the child's care or in a 
 43.3   significant relationship with the child or position of authority.
 43.4      Subd. 2.  [STIPULATION AND ORDER MAY BE REQUIRED.] A person 
 43.5   who makes or requested the making of a videotape of a child 
 43.6   victim or alleged victim of physical or sexual abuse as part of 
 43.7   an investigation or evaluation of the abuse may condition the 
 43.8   release of a copy of the videotape on the execution of a 
 43.9   stipulation and court order.  The stipulation and order may 
 43.10  govern the purposes for which the videotape may be used, release 
 43.11  to other persons, retention and return of copies, and other 
 43.12  requirements reasonably necessary for protection of the privacy 
 43.13  and best interests of the child.  This provision is not intended 
 43.14  to supplant access to the material pursuant to the Rules of 
 43.15  Criminal Procedure.  
 43.16     Sec. 56.  [REPEALER.] 
 43.17     (a) Minnesota Statutes 1994, sections 13.38, subdivision 4; 
 43.18  13.69, subdivision 2; and 13.71, subdivisions 9, 10, 11, 12, 13, 
 43.19  14, 15, 16, and 17, are repealed.  
 43.20     (b) Laws 1990, chapter 566, section 9, as amended by Laws 
 43.21  1992, chapter 569, section 36; and Laws 1994, chapter 618, 
 43.22  article 1, section 47, is repealed. 
 43.23     Sec. 57.  [REPORT.] 
 43.24     (a) The government information access council shall report 
 43.25  recommendations regarding state and local government 
 43.26  intellectual property to the legislature by January 15, 1996. 
 43.27     (b) The government information access council shall 
 43.28  complete an inventory of state intellectual property and a 
 43.29  report on the inventory to the legislature by January 15, 1996.  
 43.30     Sec. 58.  [EFFECTIVE DATE.] 
 43.31     Article 1, sections 46, 47, 48, 50, 51, 52, and 56, 
 43.32  paragraph (b), are effective the day following final enactment. 
 43.33     Article 1, section 49, is effective for data collected by 
 43.34  the commissioner of revenue after December 31, 1993.  
 43.35                             ARTICLE 2
 43.36                     FINANCIAL ASSISTANCE DATA
 44.1      Section 1.  [13.311] [FINANCIAL ASSISTANCE DATA.] 
 44.2      Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
 44.3   the following terms have the meanings given them. 
 44.4      (b) "Applicant" means a person who has submitted or is in 
 44.5   the process of submitting an application in regard to a 
 44.6   financial assistance program and any person who submits data in 
 44.7   connection with or in support of an application for financial 
 44.8   assistance. 
 44.9      (c) "Business plan" means any collection of financial or 
 44.10  other information submitted by the applicant describing the 
 44.11  manner in which it intends to conduct any aspect of its future 
 44.12  business operations. 
 44.13     (d) "Financial assistance data" means government data on 
 44.14  applicants for assistance or recipients of assistance under a 
 44.15  financial assistance program administered by a state agency, 
 44.16  statewide system, or political subdivision.  Financial 
 44.17  assistance data does not include: 
 44.18     (1) benefit data under section 13.31; 
 44.19     (2) welfare data under section 13.46; 
 44.20     (3) employment and training data under section 13.47; 
 44.21     (4) award data under section 13.48; and 
 44.22     (5) data arising out of counseling, advocacy services, or 
 44.23  other forms of nonfinancial assistance. 
 44.24     (e) "Financial assistance program" means a program that 
 44.25  provides grants, loans, loan guarantees, loan restructuring, 
 44.26  interest subsidies, insurance, or similar forms of financial 
 44.27  assistance for business or economic development activities. 
 44.28     (f) "Financial statement" means any statement of the past 
 44.29  or present financial condition or performance of the applicant 
 44.30  for financial assistance. 
 44.31     Subd. 2.  [DATA ON APPLICANTS.] The following data 
 44.32  submitted by or on behalf of applicants or prepared by a state 
 44.33  agency, political subdivision, or statewide system in response 
 44.34  to an application are private data or nonpublic data:  the 
 44.35  identity of the applicant and all financial or other information 
 44.36  about the applicant, including credit reports, financial 
 45.1   statements, net worth calculations, income tax returns, business 
 45.2   plans, income and expense projections, customer lists, and 
 45.3   market and feasibility studies not paid for with public funds. 
 45.4      Subd. 3.  [DATA ON RECIPIENTS.] The following data 
 45.5   classified as not public data under subdivision 2 become public 
 45.6   data on individuals or public data not on individuals if the 
 45.7   applicant receives funds from the financial assistance program:  
 45.8   the identity of the applicant, the address of its principal 
 45.9   place of business, the names of the principal officers and 
 45.10  agents of the applicant if it is other than an individual, the 
 45.11  terms and conditions of the financial assistance, and all 
 45.12  documents evidencing or securing the repayment of the financial 
 45.13  assistance provided.  Data submitted by or on behalf of a 
 45.14  recipient of financial assistance for the purpose of enabling 
 45.15  the state agency, political subdivision, or statewide system to 
 45.16  monitor the financial condition of the recipient of financial 
 45.17  assistance are classified as private data and nonpublic data to 
 45.18  the same extent as provided in subdivision 2. 
 45.19     Sec. 2.  Minnesota Statutes 1994, section 13.531, is 
 45.20  amended to read: 
 45.21     13.531 [FARM ASSISTANCE DATA.] 
 45.22     Subject to section 13.311, the following data collected and 
 45.23  maintained by counties that provide assistance to individual 
 45.24  farmers who are experiencing economic or emotional distress are 
 45.25  classified as private data:  financial history, including 
 45.26  listings of assets and debts, and personal and emotional status 
 45.27  information.  
 45.28     Sec. 3.  Minnesota Statutes 1994, section 13.62, is amended 
 45.29  to read: 
 45.30     13.62 [ECONOMIC ASSISTANCE DATA.] 
 45.31     The following Data collected by cities in their 
 45.32  administration of the city economic development assistance 
 45.33  program are classified as nonpublic data:  
 45.34     (1) application data, except company names, addresses, and 
 45.35  other data that identify the applicant, until the application is 
 45.36  approved by the city; 
 46.1      (2) application data, except company names, addresses, and 
 46.2   other data that identify the applicant, that pertain to 
 46.3   companies whose applications have been disapproved; 
 46.4      (3) attachments to applications including but, not limited 
 46.5   to, business and personal financial records, until the 
 46.6   application is approved; 
 46.7      (4) income tax returns, either personal or corporate, that 
 46.8   are filed by applicants; and 
 46.9      (5) are governed by section 13.311.  In addition, 
 46.10  correspondence between the program administrators and the an 
 46.11  applicant are private data on individuals or nonpublic data 
 46.12  until the application has been approved or disapproved. 
 46.13     Sec. 4.  Minnesota Statutes 1994, section 13.643, is 
 46.14  amended to read: 
 46.15     13.643 [DEPARTMENT OF AGRICULTURE DATA.] 
 46.16     Subdivision 1.  [LOAN AND GRANT APPLICANT DATA.] The 
 46.17  following Data on applicants, collected by the department of 
 46.18  agriculture in its sustainable agriculture revolving loan and 
 46.19  grant programs under sections 17.115 and 17.116, are private or 
 46.20  nonpublic:  nonfarm income; credit history; insurance coverage; 
 46.21  machinery and equipment list; financial information; and credit 
 46.22  information requests governed by section 13.311. 
 46.23     Subd. 2.  [FARM ADVOCATE DATA.] Subject to section 13.311, 
 46.24  the following data supplied by farmer clients to Minnesota farm 
 46.25  advocates and to the department of agriculture are private data 
 46.26  on individuals:  financial history, including listings of assets 
 46.27  and debts, and personal and emotional status information. 
 46.28     Sec. 5.  Minnesota Statutes 1994, section 13.671, is 
 46.29  amended to read: 
 46.30     13.671 [IRON RANGE RESOURCES AND REHABILITATION BOARD 
 46.31  DATA.] 
 46.32     Subdivision 1.  [NONPUBLIC DATA.] The following Data that 
 46.33  are submitted to the commissioner of the iron range resources 
 46.34  and rehabilitation board by or to the board on businesses that 
 46.35  are requesting financial assistance are nonpublic data:  the 
 46.36  identity of the business and financial information about the 
 47.1   business including, but not limited to, credit reports, 
 47.2   financial statements, net worth calculations, business plans, 
 47.3   income and expense projections, customer lists, and market and 
 47.4   feasibility studies not paid for with public funds governed by 
 47.5   section 13.311.  
 47.6      Subd. 2.  [PUBLIC DATA.] Data submitted to the commissioner 
 47.7   under subdivision 1 become public data upon submission of the 
 47.8   request for financial assistance to the iron range resources and 
 47.9   rehabilitation board except that the following data remain 
 47.10  nonpublic:  business plans, income and expense projections, 
 47.11  customer lists, and market and feasibility studies not paid for 
 47.12  with public funds.  
 47.13     Sec. 6.  Minnesota Statutes 1994, section 13.761, is 
 47.14  amended to read: 
 47.15     13.761 [INDIAN AFFAIRS COUNCIL DATA.] 
 47.16     All financial information on individuals and business 
 47.17  entities including, but not limited to, credit reports, 
 47.18  financial statements, and net worth calculations, that are 
 47.19  contained in applications Data received by the Indian affairs 
 47.20  council in its administration of the Indian business development 
 47.21  loan program are classified as private data with regard to data 
 47.22  on individuals and as nonpublic data with regard to data not on 
 47.23  individuals governed by section 13.311. 
 47.24     Sec. 7.  Minnesota Statutes 1994, section 13.77, is amended 
 47.25  to read: 
 47.26     13.77 [AGRICULTURAL RESOURCE LOAN BOARD DATA.] 
 47.27     Subdivision 1.  [NONPUBLIC DATA.] Financial information 
 47.28  concerning business persons Data received or prepared by the 
 47.29  agriculture resource loan guaranty agricultural and economic 
 47.30  development board in connection with applications for loan 
 47.31  guarantees pursuant to Laws 1984, chapter 502, article 10, 
 47.32  sections 1 to 12, including, but not limited to, credit reports, 
 47.33  financial statements, and net worth calculations, is classified 
 47.34  as nonpublic data under chapter 41A are governed by section 
 47.35  13.311. 
 47.36     Subd. 2.  [PRIVATE DATA.] Financial information concerning 
 48.1   individuals received or prepared by the agriculture resource 
 48.2   loan guaranty board in connection with applications for loan 
 48.3   guarantees pursuant to Laws 1984, chapter 502, article 10, 
 48.4   sections 1 to 12, including, but not limited to, credit reports, 
 48.5   financial statements, and net worth calculations is classified 
 48.6   as private data.  
 48.7      Sec. 8.  Minnesota Statutes 1994, section 13.78, is amended 
 48.8   to read: 
 48.9      13.78 [MINNESOTA EXPORT AUTHORITY DATA.] 
 48.10     Financial information concerning business persons Data 
 48.11  received or prepared by the export authority in connection with 
 48.12  applications for financial assistance pursuant to section 
 48.13  116J.9673, including, but not limited to, credit reports, 
 48.14  financial statements, net worth calculations, income and expense 
 48.15  projections, and are governed by section 13.311.  In addition, 
 48.16  proposed terms of trade and foreign risk coverage, is classified 
 48.17  as are nonpublic data if it is data not on an individual and 
 48.18  as or private data if it is data on an individual individuals. 
 48.19     Sec. 9.  Minnesota Statutes 1994, section 17.117, 
 48.20  subdivision 12, is amended to read: 
 48.21     Subd. 12.  [DATA PRIVACY.] The following Data on applicants 
 48.22  or borrowers collected by the commissioner under this section 
 48.23  are private for data on individuals as provided in section 
 48.24  13.02, subdivision 12, or nonpublic for data not on individuals 
 48.25  as provided in section 13.02, subdivision 9:  financial 
 48.26  information, including, but not limited to, credit reports, 
 48.27  financial statements, tax returns and net worth calculations 
 48.28  received or prepared by the commissioner governed by section 
 48.29  13.311. 
 48.30     Sec. 10.  Minnesota Statutes 1994, section 41.63, is 
 48.31  amended to read: 
 48.32     41.63 [DATA PRIVACY.] 
 48.33     Personal financial information, credit reports, financial 
 48.34  statements, tax refund calculations, and net worth 
 48.35  statements, Data received or prepared by the commissioner 
 48.36  regarding any family farm security loans, are private data on 
 49.1   individuals under chapter 13 governed by section 13.311. 
 49.2      Sec. 11.  Minnesota Statutes 1994, section 41B.211, is 
 49.3   amended to read: 
 49.4      41B.211 [DATA PRIVACY.] 
 49.5      Financial information, including credit reports, financial 
 49.6   statements, and net worth calculations, Data received or 
 49.7   prepared by the authority regarding any authority loan and the 
 49.8   name of each individual who is the recipient of a loan are 
 49.9   private data on individuals, under chapter 13, except that are 
 49.10  governed by section 13.311.  Information obtained under the 
 49.11  agricultural development bond program in sections 41C.01 to 
 49.12  41C.13 may be released as required by federal tax law. 
 49.13     Sec. 12.  Minnesota Statutes 1994, section 116O.03, 
 49.14  subdivision 7, is amended to read: 
 49.15     Subd. 7.  [APPLICATION AND INVESTIGATIVE DATA.] The 
 49.16  following Data is classified as private data with regard to data 
 49.17  on individuals under section 13.02, subdivision 12, or as 
 49.18  nonpublic data with regard to data not on individuals under 
 49.19  section 13.02, subdivision 9, whichever is applicable: 
 49.20     (1) financial data, statistics, and information furnished 
 49.21  in connection with assistance or proposed assistance under 
 49.22  section 116O.06, including credit reports, financial statements, 
 49.23  statements of net worth, income tax returns, either personal or 
 49.24  corporate, and any other business and personal financial 
 49.25  records; or 
 49.26     (2) are governed by section 13.311, except that security 
 49.27  information, trade secret information, or labor relations 
 49.28  information, as defined in are governed by section 13.37, 
 49.29  subdivision 1, disclosed to members of the corporation board or 
 49.30  employees of the corporation under section 116O.06. 
 49.31     Sec. 13.  Minnesota Statutes 1994, section 116S.02, 
 49.32  subdivision 8, is amended to read: 
 49.33     Subd. 8.  [APPLICATION AND INVESTIGATIVE DATA.] Financial 
 49.34  data, statistics, and information Data furnished to the 
 49.35  corporation in connection with assistance or proposed 
 49.36  assistance, including credit reports, financial statements, 
 50.1   statements of net worth, income tax returns, either personal or 
 50.2   corporate, and any other business and personal financial records 
 50.3   are private data with regard to data on individuals under 
 50.4   section 13.02, subdivision 12, or as nonpublic data with regard 
 50.5   to data not on individuals under section 13.02, subdivision 
 50.6   9 are governed by section 13.311. 
 50.7      Sec. 14.  Minnesota Statutes 1994, section 446A.11, 
 50.8   subdivision 11, is amended to read: 
 50.9      Subd. 11.  [FINANCIAL INFORMATION.] Financial information, 
 50.10  including credit reports, financial statements and net worth 
 50.11  calculations, Data received or prepared by the authority 
 50.12  regarding an authority loan, financial assistance, or 
 50.13  insurance is private data with regard to data on individuals as 
 50.14  defined in section 13.02, subdivision 12 and nonpublic data with 
 50.15  regard to data not on individuals as defined in section 13.02, 
 50.16  subdivision 9 are governed by section 13.311. 
 50.17                             ARTICLE 3
 50.18                INFORMATION POLICY TRAINING PROGRAM
 50.19     Section 1.  [13.073] [PUBLIC INFORMATION POLICY TRAINING 
 50.20  PROGRAM.] 
 50.21     Subdivision 1.  [ESTABLISHMENT.] The commissioner shall 
 50.22  establish a program for training state and local government 
 50.23  officials and employees on public information policy, including 
 50.24  government data practices laws and official records and records 
 50.25  management statutes.  The program must provide for the 
 50.26  development of broad-based expertise within state and local 
 50.27  government entities.  The program components must include basic 
 50.28  training, specific training for specialized service sectors, and 
 50.29  policy analysis and support. 
 50.30     Subd. 2.  [GENERAL PROVISIONS.] The commissioner shall 
 50.31  publicize the development and implementation of the training 
 50.32  program under this section and shall seek input from state and 
 50.33  local government entities.  The commissioner shall prepare a 
 50.34  training guide that includes an overview of the training program 
 50.35  and its components. 
 50.36     Subd. 3.  [BASIC TRAINING.] The basic training component 
 51.1   must be designed to meet the basic information policy needs of 
 51.2   all government employees and public officials with a focus on 
 51.3   key data practices laws and procedures that apply to all 
 51.4   government entities.  The commissioner shall design the basic 
 51.5   training component in a manner that minimizes duplication of the 
 51.6   effort and cost for government entities to provide basic 
 51.7   training.  The commissioner shall develop general programs and 
 51.8   materials for basic training such as video presentations, data 
 51.9   practices booklets, and training guides.  The commissioner shall 
 51.10  assist state and local government agencies in developing 
 51.11  training expertise within their own agencies and shall offer 
 51.12  assistance for periodic training sessions for this purpose. 
 51.13     Subd. 4.  [SECTOR-SPECIFIC TRAINING.] (a) The 
 51.14  sector-specific training component must be designed to provide 
 51.15  for the development of specific expertise needed to deal with 
 51.16  information policy issues within a particular service area.  
 51.17  Service areas may include government entities such as state 
 51.18  agencies, counties, cities, or school districts, or functional 
 51.19  areas such as education, human services, child protection, or 
 51.20  law enforcement.  This component must focus on training 
 51.21  individuals who implement or administer data practices and other 
 51.22  information policy laws within their government entity. 
 51.23     (b) The commissioner shall provide technical assistance and 
 51.24  support and help coordinate efforts to develop sector-specific 
 51.25  training within different sectors.  Elements of sector-specific 
 51.26  training must include: 
 51.27     (1) designation, training, and coordination of data 
 51.28  practices specialists with responsibility for clarification and 
 51.29  resolution of sector-specific information policy issues; 
 51.30     (2) development of telephone hot lines within different 
 51.31  sectors for handling information policy inquiries; 
 51.32     (3) development of forums under which individuals with 
 51.33  ongoing information policy administrative responsibilities may 
 51.34  meet to discuss issues arising within their sectors; 
 51.35     (4) availability of expertise for coaching and consultation 
 51.36  on specific issues; and 
 52.1      (5) preparation of publications, including reference guides 
 52.2   to materials and resource persons. 
 52.3      Subd. 5.  [POLICY ANALYSIS AND SUPPORT.] The policy 
 52.4   analysis and support component must be designed to address 
 52.5   information policy issues at the policy level and to provide 
 52.6   ongoing consultation and support regarding major areas of 
 52.7   concern with a goal of developing a coherent and coordinated 
 52.8   approach to information policy within the state.  The 
 52.9   commissioner shall assist in the development and implementation 
 52.10  of information policy and provide a clearinghouse for ideas, 
 52.11  information, and resources.  The commissioner shall review 
 52.12  public information policy and identify how that policy can be 
 52.13  updated, simplified, and made consistent. 
 52.14     Subd. 6.  [GRANTS.] The commissioner may make grants to 
 52.15  statewide systems, political subdivisions, or associations of 
 52.16  political subdivisions for purposes of supplementing and 
 52.17  encouraging local government efforts under this section. 
 52.18     Sec. 2.  [REPORT.] 
 52.19     By January 1, 1997, the commissioner of administration 
 52.20  shall report to the legislature on the implementation of the 
 52.21  training program under section 1.  The report must include an 
 52.22  analysis of the effectiveness of the program in improving 
 52.23  information policy practices, recommendations for any changes in 
 52.24  the program, and recommendations for amendments to public 
 52.25  information policies that will update and simplify those 
 52.26  policies. 
 52.27     Sec. 3.  [APPROPRIATION.] 
 52.28     $75,000 is appropriated from the general fund to the 
 52.29  commissioner of administration for purposes of developing the 
 52.30  training program under section 1 and making grants under section 
 52.31  1, subdivision 6. 
 52.32                             ARTICLE 4
 52.33     Section 1.  Minnesota Statutes 1994, section 148B.68, 
 52.34  subdivision 1, is amended to read: 
 52.35     Subdivision 1.  [PROHIBITED CONDUCT.] The commissioner may 
 52.36  impose disciplinary action as described in section 148B.69 
 53.1   against any unlicensed mental health practitioner.  The 
 53.2   following conduct is prohibited and is grounds for disciplinary 
 53.3   action: 
 53.4      (a) Conviction of a crime, including a finding or verdict 
 53.5   of guilt, an admission of guilt, or a no contest plea, in any 
 53.6   court in Minnesota or any other jurisdiction in the United 
 53.7   States, reasonably related to the provision of mental health 
 53.8   services.  Conviction, as used in this subdivision, includes a 
 53.9   conviction of an offense which, if committed in this state, 
 53.10  would be deemed a felony or gross misdemeanor without regard to 
 53.11  its designation elsewhere, or a criminal proceeding where a 
 53.12  finding or verdict of guilty is made or returned but the 
 53.13  adjudication of guilt is either withheld or not entered. 
 53.14     (b) Conviction of crimes against persons.  For purposes of 
 53.15  this chapter, a crime against a person means violations of the 
 53.16  following:  sections 609.185; 609.19; 609.195; 609.20; 609.205; 
 53.17  609.21; 609.215; 609.221; 609.222; 609.223; 609.224; 609.2241; 
 53.18  609.23; 609.231; 609.235; 609.24; 609.245; 609.25; 609.255; 
 53.19  609.26, subdivision 1, clause (1) or (2); 609.265; 609.342; 
 53.20  609.343; 609.344; 609.345; 609.365; 609.498, subdivision 1; 
 53.21  609.50, clause (1); 609.561; 609.562; and 609.595. 
 53.22     (c) Failure to comply with the self-reporting requirements 
 53.23  of section 148B.63, subdivision 6. 
 53.24     (d) Engaging in sexual contact with a client or former 
 53.25  client as defined in section 148A.01, or engaging in contact 
 53.26  that may be reasonably interpreted by a client as sexual, or 
 53.27  engaging in any verbal behavior that is seductive or sexually 
 53.28  demeaning to the patient, or engaging in sexual exploitation of 
 53.29  a client or former client. 
 53.30     (e) Advertising that is false, fraudulent, deceptive, or 
 53.31  misleading. 
 53.32     (f) Conduct likely to deceive, defraud, or harm the public; 
 53.33  or demonstrating a willful or careless disregard for the health, 
 53.34  welfare, or safety of a client; or any other practice that may 
 53.35  create unnecessary danger to any client's life, health, or 
 53.36  safety, in any of which cases, proof of actual injury need not 
 54.1   be established. 
 54.2      (g) Adjudication as mentally incompetent, or as a person 
 54.3   who is dangerous to self, or adjudication pursuant to chapter 
 54.4   253B, as chemically dependent, mentally ill, mentally retarded, 
 54.5   mentally ill and dangerous to the public, or as a sexual 
 54.6   psychopathic personality or sexually dangerous person. 
 54.7      (h) Inability to provide mental health services with 
 54.8   reasonable safety to clients. 
 54.9      (i) The habitual overindulgence in the use of or the 
 54.10  dependence on intoxicating liquors. 
 54.11     (j) Improper or unauthorized personal or other use of any 
 54.12  legend drugs as defined in chapter 151, any chemicals as defined 
 54.13  in chapter 151, or any controlled substance as defined in 
 54.14  chapter 152. 
 54.15     (k) Revealing a communication from, or relating to, a 
 54.16  client except when otherwise required or permitted by law. 
 54.17     (l) Failure to comply with a client's request made under 
 54.18  section 144.335, or to furnish a client record or report 
 54.19  required by law. 
 54.20     (m) Splitting fees or promising to pay a portion of a fee 
 54.21  to any other professional other than for services rendered by 
 54.22  the other professional to the client. 
 54.23     (n) Engaging in abusive or fraudulent billing practices, 
 54.24  including violations of the federal Medicare and Medicaid laws 
 54.25  or state medical assistance laws. 
 54.26     (o) Failure to make reports as required by section 148B.63, 
 54.27  or cooperate with an investigation of the office. 
 54.28     (p) Obtaining money, property, or services from a client, 
 54.29  other than reasonable fees for services provided to the client, 
 54.30  through the use of undue influence, harassment, duress, 
 54.31  deception, or fraud. 
 54.32     (q) Undertaking or continuing a professional relationship 
 54.33  with a client in which the objectivity of the professional would 
 54.34  be impaired. 
 54.35     (r) Failure to provide the client with a copy of the client 
 54.36  bill of rights or violation of any provision of the client bill 
 55.1   of rights. 
 55.2      (s) Violating any order issued by the commissioner. 
 55.3      (t) Failure to comply with sections 148B.60 to 148B.71, and 
 55.4   the rules adopted under those sections. 
 55.5      (u) Failure to comply with any additional disciplinary 
 55.6   grounds established by the commissioner by rule. 
 55.7      Sec. 2.  Minnesota Statutes 1994, section 253B.02, 
 55.8   subdivision 4a, is amended to read: 
 55.9      Subd. 4a.  [CRIME AGAINST THE PERSON.] "Crime against the 
 55.10  person" means a violation of or attempt to violate any of the 
 55.11  following provisions:  sections 609.185; 609.19; 609.195; 
 55.12  609.20; 609.205; 609.21; 609.215; 609.221; 609.222; 609.223; 
 55.13  609.224; 609.2241; 609.23; 609.231; 609.235; 609.24; 609.245; 
 55.14  609.25; 609.255; 609.265; 609.27, subdivision 1, clause (1) or 
 55.15  (2); 609.28 if violence or threats of violence were used; 
 55.16  609.322, subdivision 1, clause (2); 609.342; 609.343; 609.344; 
 55.17  609.345; 609.365; 609.498, subdivision 1; 609.50, clause (1); 
 55.18  609.561; 609.562; and 609.595. 
 55.19     Sec. 3.  Minnesota Statutes 1994, section 260.015, 
 55.20  subdivision 28, is amended to read: 
 55.21     Subd. 28.  [CHILD ABUSE.] "Child abuse" means an act that 
 55.22  involves a minor victim and that constitutes a violation of 
 55.23  section 609.221, 609.222, 609.223, 609.224, 609.2241, 609.322, 
 55.24  609.323, 609.324, 609.342, 609.343, 609.344, 609.345, 609.377, 
 55.25  609.378, or 617.246. 
 55.26     Sec. 4.  Minnesota Statutes 1994, section 260.161, 
 55.27  subdivision 1b, is amended to read: 
 55.28     Subd. 1b.  [DISPOSITION ORDER; COPY TO SCHOOL.] (a) If a 
 55.29  juvenile is enrolled in school, the juvenile's probation officer 
 55.30  shall transmit a copy of the court's disposition order to the 
 55.31  principal or chief administrative officer of the juvenile's 
 55.32  school if the juvenile has been adjudicated delinquent for 
 55.33  committing an act on the school's property or an act: 
 55.34     (1) that would be a violation of section 609.185 
 55.35  (first-degree murder); 609.19 (second-degree murder); 609.195 
 55.36  (third-degree murder); 609.20 (first-degree manslaughter); 
 56.1   609.205 (second-degree manslaughter); 609.21 (criminal vehicular 
 56.2   homicide and injury); 609.221 (first-degree assault); 609.222 
 56.3   (second-degree assault); 609.223 (third-degree assault); 
 56.4   609.2231 (fourth-degree assault); 609.224 (fifth-degree 
 56.5   assault); 609.2241 (domestic assault); 609.24 (simple robbery); 
 56.6   609.245 (aggravated robbery); 609.25 (kidnapping); 609.255 
 56.7   (false imprisonment); 609.342 (first-degree criminal sexual 
 56.8   conduct); 609.343 (second-degree criminal sexual conduct); 
 56.9   609.344 (third-degree criminal sexual conduct); 609.345 
 56.10  (fourth-degree criminal sexual conduct); 609.3451 (fifth-degree 
 56.11  criminal sexual conduct); 609.498 (tampering with a witness); 
 56.12  609.561 (first-degree arson); 609.582, subdivision 1 or 2 
 56.13  (burglary); 609.713 (terroristic threats); or 609.749 
 56.14  (harassment and stalking), if committed by an adult; 
 56.15     (2) that would be a violation of section 152.021 
 56.16  (first-degree controlled substance crime); 152.022 
 56.17  (second-degree controlled substance crime); 152.023 
 56.18  (third-degree controlled substance crime); 152.024 
 56.19  (fourth-degree controlled substance crime); 152.025 
 56.20  (fifth-degree controlled substance crime); 152.0261 (importing a 
 56.21  controlled substance); or 152.027 (other controlled substance 
 56.22  offenses), if committed by an adult; or 
 56.23     (3) that involved the possession or use of a dangerous 
 56.24  weapon as defined in section 609.02, subdivision 6. 
 56.25     When a disposition order is transmitted under this 
 56.26  paragraph, the probation officer shall notify the juvenile's 
 56.27  parent or legal guardian that the disposition order has been 
 56.28  shared with the juvenile's school. 
 56.29     (b) The disposition order must be accompanied by a notice 
 56.30  to the school that the school may obtain additional information 
 56.31  from the juvenile's probation officer with the consent of the 
 56.32  juvenile or the juvenile's parents, as applicable.  The 
 56.33  disposition order must be maintained in the student's permanent 
 56.34  education record but may not be released outside of the school 
 56.35  district or educational entity, other than to another school 
 56.36  district or educational entity to which the juvenile is 
 57.1   transferring.  Notwithstanding section 138.17, the disposition 
 57.2   order must be destroyed when the juvenile graduates from the 
 57.3   school or at the end of the academic year when the juvenile 
 57.4   reaches age 23, whichever date is earlier. 
 57.5      (c) The juvenile's probation officer shall maintain a 
 57.6   record of disposition orders released under this subdivision and 
 57.7   the basis for the release. 
 57.8      (d) The criminal and juvenile justice information policy 
 57.9   group, in consultation with representatives of probation 
 57.10  officers and educators, shall prepare standard forms for use by 
 57.11  juvenile probation officers in forwarding information to schools 
 57.12  under this subdivision and in maintaining a record of the 
 57.13  information that is released.  
 57.14     (e) As used in this subdivision, "school" means a public or 
 57.15  private elementary, middle, or secondary school. 
 57.16     Sec. 5.  Minnesota Statutes 1994, section 299C.61, 
 57.17  subdivision 4, is amended to read: 
 57.18     Subd. 4.  [CHILD ABUSE CRIME.] "Child abuse crime" means:  
 57.19     (1) an act committed against a minor victim that 
 57.20  constitutes a violation of section 609.185, clause (5); 609.221; 
 57.21  609.222; 609.223; 609.224; 609.2241; 609.322; 609.323; 609.324; 
 57.22  609.342; 609.343; 609.344; 609.345; 609.352; 609.377; or 
 57.23  609.378; or 
 57.24     (2) a violation of section 152.021, subdivision 1, clause 
 57.25  (4); 152.022, subdivision 1, clause (5) or (6); 152.023, 
 57.26  subdivision 1, clause (3) or (4); 152.023, subdivision 2, clause 
 57.27  (4) or (6); or 152.024, subdivision 1, clause (2), (3), or (4). 
 57.28     Sec. 6.  Minnesota Statutes 1994, section 518B.01, 
 57.29  subdivision 14, is amended to read: 
 57.30     Subd. 14.  [VIOLATION OF AN ORDER FOR PROTECTION.] (a) 
 57.31  Whenever an order for protection is granted pursuant to this 
 57.32  section, and the respondent or person to be restrained knows of 
 57.33  the order, violation of the order for protection is a 
 57.34  misdemeanor.  Upon conviction, the defendant must be sentenced 
 57.35  to a minimum of three days imprisonment and must be ordered to 
 57.36  participate in counseling or other appropriate programs selected 
 58.1   by the court.  If the court stays imposition or execution of the 
 58.2   jail sentence and the defendant refuses or fails to comply with 
 58.3   the court's treatment order, the court must impose and execute 
 58.4   the stayed jail sentence.  A person is guilty of a gross 
 58.5   misdemeanor who violates this paragraph during the time period 
 58.6   between a previous conviction under this paragraph; sections 
 58.7   609.221 to 609.224; 609.2241; 609.713, subdivision 1 or 3; 
 58.8   609.748, subdivision 6; 609.749; or a similar law of another 
 58.9   state and the end of the five years following discharge from 
 58.10  sentence for that conviction.  Upon conviction, the defendant 
 58.11  must be sentenced to a minimum of ten days imprisonment and must 
 58.12  be ordered to participate in counseling or other appropriate 
 58.13  programs selected by the court.  Notwithstanding section 
 58.14  609.135, the court must impose and execute the minimum sentence 
 58.15  provided in this paragraph for gross misdemeanor convictions. 
 58.16     (b) A peace officer shall arrest without a warrant and take 
 58.17  into custody a person whom the peace officer has probable cause 
 58.18  to believe has violated an order granted pursuant to this 
 58.19  section restraining the person or excluding the person from the 
 58.20  residence or the petitioner's place of employment, even if the 
 58.21  violation of the order did not take place in the presence of the 
 58.22  peace officer, if the existence of the order can be verified by 
 58.23  the officer.  The person shall be held in custody for at least 
 58.24  36 hours, excluding the day of arrest, Sundays, and holidays, 
 58.25  unless the person is released earlier by a judge or judicial 
 58.26  officer.  A peace officer acting in good faith and exercising 
 58.27  due care in making an arrest pursuant to this paragraph is 
 58.28  immune from civil liability that might result from the officer's 
 58.29  actions. 
 58.30     (c) A violation of an order for protection shall also 
 58.31  constitute contempt of court and be subject to the penalties 
 58.32  therefor.  
 58.33     (d) If the court finds that the respondent has violated an 
 58.34  order for protection and that there is reason to believe that 
 58.35  the respondent will commit a further violation of the provisions 
 58.36  of the order restraining the respondent from committing acts of 
 59.1   domestic abuse or excluding the respondent from the petitioner's 
 59.2   residence, the court may require the respondent to acknowledge 
 59.3   an obligation to comply with the order on the record.  The court 
 59.4   may require a bond sufficient to deter the respondent from 
 59.5   committing further violations of the order for protection, 
 59.6   considering the financial resources of the respondent, and not 
 59.7   to exceed $10,000.  If the respondent refuses to comply with an 
 59.8   order to acknowledge the obligation or post a bond under this 
 59.9   paragraph, the court shall commit the respondent to the county 
 59.10  jail during the term of the order for protection or until the 
 59.11  respondent complies with the order under this paragraph.  The 
 59.12  warrant must state the cause of commitment, with the sum and 
 59.13  time for which any bond is required.  If an order is issued 
 59.14  under this paragraph, the court may order the costs of the 
 59.15  contempt action, or any part of them, to be paid by the 
 59.16  respondent.  An order under this paragraph is appealable.  
 59.17     (e) Upon the filing of an affidavit by the petitioner, any 
 59.18  peace officer, or an interested party designated by the court, 
 59.19  alleging that the respondent has violated any order for 
 59.20  protection granted pursuant to this section, the court may issue 
 59.21  an order to the respondent, requiring the respondent to appear 
 59.22  and show cause within 14 days why the respondent should not be 
 59.23  found in contempt of court and punished therefor.  The hearing 
 59.24  may be held by the court in any county in which the petitioner 
 59.25  or respondent temporarily or permanently resides at the time of 
 59.26  the alleged violation.  The court also shall refer the violation 
 59.27  of the order for protection to the appropriate prosecuting 
 59.28  authority for possible prosecution under paragraph (a). 
 59.29     (f) If it is alleged that the respondent has violated an 
 59.30  order for protection issued under subdivision 6 and the court 
 59.31  finds that the order has expired between the time of the alleged 
 59.32  violation and the court's hearing on the violation, the court 
 59.33  may grant a new order for protection under subdivision 6 based 
 59.34  solely on the respondent's alleged violation of the prior order, 
 59.35  to be effective until the hearing on the alleged violation of 
 59.36  the prior order.  If the court finds that the respondent has 
 60.1   violated the prior order, the relief granted in the new order 
 60.2   for protection shall be extended for a fixed period, not to 
 60.3   exceed one year. 
 60.4      (g) The admittance into petitioner's dwelling of an abusing 
 60.5   party excluded from the dwelling under an order for protection 
 60.6   is not a violation by the petitioner of the order for protection.
 60.7      A peace officer is not liable under section 609.43, clause 
 60.8   (1), for a failure to perform a duty required by paragraph (b). 
 60.9      Sec. 7.  Minnesota Statutes 1994, section 609.101, 
 60.10  subdivision 2, is amended to read: 
 60.11     Subd. 2.  [MINIMUM FINES.] Notwithstanding any other law:  
 60.12     (1) when a court sentences a person convicted of violating 
 60.13  section 609.221, 609.267, or 609.342, it must impose a fine of 
 60.14  not less than $500 nor more than the maximum fine authorized by 
 60.15  law; 
 60.16     (2) when a court sentences a person convicted of violating 
 60.17  section 609.222, 609.223, 609.2671, 609.343, 609.344, or 
 60.18  609.345, it must impose a fine of not less than $300 nor more 
 60.19  than the maximum fine authorized by law; and 
 60.20     (3) when a court sentences a person convicted of violating 
 60.21  section 609.2231, 609.224, 609.2241, or 609.2672, it must impose 
 60.22  a fine of not less than $100 nor more than the maximum fine 
 60.23  authorized by law.  
 60.24     The court shall collect the portion of the fine mandated by 
 60.25  this subdivision and forward 70 percent of it to a local victim 
 60.26  assistance program that provides services locally in the county 
 60.27  in which the crime was committed.  The court shall forward the 
 60.28  remaining 30 percent to the commissioner of finance to be 
 60.29  credited to the general fund.  If more than one victim 
 60.30  assistance program serves the county in which the crime was 
 60.31  committed, the court may designate on a case-by-case basis which 
 60.32  program will receive the fine proceeds, giving consideration to 
 60.33  the nature of the crime committed, the types of victims served 
 60.34  by the program, and the funding needs of the program.  If no 
 60.35  victim assistance program serves that county, the court shall 
 60.36  forward 100 percent of the fine proceeds to the commissioner of 
 61.1   finance to be credited to the general fund.  Fine proceeds 
 61.2   received by a local victim assistance program must be used to 
 61.3   provide direct services to crime victims.  
 61.4      The minimum fine required by this subdivision is in 
 61.5   addition to the surcharge or assessment required by subdivision 
 61.6   1 and is in addition to any sentence of imprisonment or 
 61.7   restitution imposed or ordered by the court. 
 61.8      As used in this subdivision, "victim assistance program" 
 61.9   means victim witness programs within county attorney offices or 
 61.10  any of the following programs:  crime victim crisis centers, 
 61.11  victim-witness programs, battered women shelters and nonshelter 
 61.12  programs, and sexual assault programs. 
 61.13     Sec. 8.  Minnesota Statutes 1994, section 609.131, 
 61.14  subdivision 2, is amended to read: 
 61.15     Subd. 2.  [CERTAIN VIOLATIONS EXCEPTED.] Subdivision 1 does 
 61.16  not apply to a misdemeanor violation of section 169.121; 
 61.17  609.224; 609.2241; 609.226; 609.324, subdivision 3; 609.52; or 
 61.18  617.23, or an ordinance that conforms in substantial part to any 
 61.19  of those sections.  A violation described in this subdivision 
 61.20  must be treated as a misdemeanor unless the defendant consents 
 61.21  to the certification of the violation as a petty misdemeanor. 
 61.22     Sec. 9.  Minnesota Statutes 1994, section 609.135, 
 61.23  subdivision 2, is amended to read: 
 61.24     Subd. 2.  (a) If the conviction is for a felony the stay 
 61.25  shall be for not more than four years or the maximum period for 
 61.26  which the sentence of imprisonment might have been imposed, 
 61.27  whichever is longer. 
 61.28     (b) If the conviction is for a gross misdemeanor violation 
 61.29  of section 169.121 or 169.129, the stay shall be for not more 
 61.30  than four years.  The court shall provide for unsupervised 
 61.31  probation for the last one year of the stay unless the court 
 61.32  finds that the defendant needs supervised probation for all or 
 61.33  part of the last one year. 
 61.34     (c) If the conviction is for a gross misdemeanor not 
 61.35  specified in paragraph (b), the stay shall be for not more than 
 61.36  two years. 
 62.1      (d) If the conviction is for any misdemeanor under section 
 62.2   169.121; 609.746, subdivision 1; 609.79; or 617.23; or for a 
 62.3   misdemeanor under section 609.2241 or 609.224, subdivision 1, in 
 62.4   which the victim of the crime was a family or household member 
 62.5   as defined in section 518B.01, the stay shall be for not more 
 62.6   than two years.  The court shall provide for unsupervised 
 62.7   probation for the second year of the stay unless the court finds 
 62.8   that the defendant needs supervised probation for all or part of 
 62.9   the second year. 
 62.10     (e) If the conviction is for a misdemeanor not specified in 
 62.11  paragraph (d), the stay shall be for not more than one year.  
 62.12     (f) The defendant shall be discharged six months after the 
 62.13  term of the stay expires, unless the stay has been revoked or 
 62.14  extended under paragraph (g), or the defendant has already been 
 62.15  discharged. 
 62.16     (g) Notwithstanding the maximum periods specified for stays 
 62.17  of sentences under paragraphs (a) to (f), a court may extend a 
 62.18  defendant's term of probation for up to one year if it finds, at 
 62.19  a hearing conducted under subdivision 1a, that: 
 62.20     (1) the defendant has not paid court-ordered restitution or 
 62.21  a fine in accordance with the payment schedule or structure; and 
 62.22     (2) the defendant is likely to not pay the restitution or 
 62.23  fine the defendant owes before the term of probation expires.  
 62.24  This one-year extension of probation for failure to pay 
 62.25  restitution or a fine may be extended by the court for up to one 
 62.26  additional year if the court finds, at another hearing conducted 
 62.27  under subdivision 1a, that the defendant still has not paid the 
 62.28  court-ordered restitution or fine that the defendant owes. 
 62.29     Sec. 10.  Minnesota Statutes 1994, section 609.135, 
 62.30  subdivision 5a, is amended to read: 
 62.31     Subd. 5a.  [DOMESTIC ABUSE VICTIMS; ELECTRONIC MONITORING.] 
 62.32  (a) Until the commissioner of corrections has adopted standards 
 62.33  governing electronic monitoring devices used to protect victims 
 62.34  of domestic abuse, the court, as a condition of a stay of 
 62.35  imposition or execution of a sentence, may not order an offender 
 62.36  convicted of a crime described in paragraph (b) to use an 
 63.1   electronic monitoring device to protect a victim's safety.  
 63.2      (b) This subdivision applies to the following crimes, if 
 63.3   committed by the defendant against a family or household member 
 63.4   as defined in section 518B.01, subdivision 2: 
 63.5      (1) violations of orders for protection issued under 
 63.6   chapter 518B; 
 63.7      (2) assault in the first, second, third, or fifth degree 
 63.8   under section 609.221, 609.222, 609.223, or 609.224; or domestic 
 63.9   assault under section 609.2241; 
 63.10     (3) criminal damage to property under section 609.595; 
 63.11     (4) disorderly conduct under section 609.72; 
 63.12     (5) harassing telephone calls under section 609.79; 
 63.13     (6) burglary under section 609.582; 
 63.14     (7) trespass under section 609.605; 
 63.15     (8) criminal sexual conduct in the first, second, third, 
 63.16  fourth, or fifth degree under section 609.342, 609.343, 609.344, 
 63.17  609.345, or 609.3451; and 
 63.18     (9) terroristic threats under section 609.713. 
 63.19     (c) Notwithstanding paragraph (a), the judges in the tenth 
 63.20  judicial district may order, as a condition of a stay of 
 63.21  imposition or execution of a sentence, a defendant convicted of 
 63.22  a crime described in paragraph (b), to use an electronic 
 63.23  monitoring device to protect the victim's safety.  The judges 
 63.24  shall make data on the use of electronic monitoring devices to 
 63.25  protect a victim's safety in the tenth judicial district 
 63.26  available to the commissioner of corrections to evaluate and to 
 63.27  aid in development of standards for the use of devices to 
 63.28  protect victims of domestic abuse.  
 63.29     Sec. 11.  Minnesota Statutes 1994, section 609.1352, 
 63.30  subdivision 3, is amended to read: 
 63.31     Subd. 3.  [DANGER TO PUBLIC SAFETY.] The court shall base 
 63.32  its finding that the offender is a danger to public safety on 
 63.33  either of the following factors: 
 63.34     (1) the crime involved an aggravating factor that would 
 63.35  justify a durational departure from the presumptive sentence 
 63.36  under the sentencing guidelines; or 
 64.1      (2) the offender previously committed or attempted to 
 64.2   commit a predatory crime or a violation of section 609.224 or 
 64.3   609.2241, including an offense committed as a juvenile that 
 64.4   would have been a predatory crime or a violation of section 
 64.5   609.224 or 609.2241 if committed by an adult. 
 64.6      Sec. 12.  Minnesota Statutes 1994, section 609.185, is 
 64.7   amended to read: 
 64.8      609.185 [MURDER IN THE FIRST DEGREE.] 
 64.9      Whoever does any of the following is guilty of murder in 
 64.10  the first degree and shall be sentenced to imprisonment for life:
 64.11     (1) causes the death of a human being with premeditation 
 64.12  and with intent to effect the death of the person or of another; 
 64.13     (2) causes the death of a human being while committing or 
 64.14  attempting to commit criminal sexual conduct in the first or 
 64.15  second degree with force or violence, either upon or affecting 
 64.16  the person or another; 
 64.17     (3) causes the death of a human being with intent to effect 
 64.18  the death of the person or another, while committing or 
 64.19  attempting to commit burglary, aggravated robbery, kidnapping, 
 64.20  arson in the first or second degree, tampering with a witness in 
 64.21  the first degree, escape from custody, or any felony violation 
 64.22  of chapter 152 involving the unlawful sale of a controlled 
 64.23  substance; 
 64.24     (4) causes the death of a peace officer or a guard employed 
 64.25  at a Minnesota state or local correctional facility, with intent 
 64.26  to effect the death of that person or another, while the peace 
 64.27  officer or guard is engaged in the performance of official 
 64.28  duties; 
 64.29     (5) causes the death of a minor under circumstances other 
 64.30  than those described in clause (1) or (2) while committing child 
 64.31  abuse, when the perpetrator has engaged in a past pattern of 
 64.32  child abuse upon the child and the death occurs under 
 64.33  circumstances manifesting an extreme indifference to human life; 
 64.34  or 
 64.35     (6) causes the death of a human being under circumstances 
 64.36  other than those described in clause (1), (2), or (5) while 
 65.1   committing domestic abuse, when the perpetrator has engaged in a 
 65.2   past pattern of domestic abuse upon the victim and the death 
 65.3   occurs under circumstances manifesting an extreme indifference 
 65.4   to human life. 
 65.5      For purposes of clause (5), "child abuse" means an act 
 65.6   committed against a minor victim that constitutes a violation of 
 65.7   the following laws of this state or any similar laws of the 
 65.8   United States or any other state:  section 609.221; 609.222; 
 65.9   609.223; 609.224; 609.2241; 609.342; 609.343; 609.344; 609.345; 
 65.10  609.377; 609.378; or 609.713. 
 65.11     For purposes of clause (6), "domestic abuse" means an act 
 65.12  that: 
 65.13     (1) constitutes a violation of section 609.221, 609.222, 
 65.14  609.223, 609.224, 609.2241, 609.342, 609.343, 609.344, 609.345, 
 65.15  609.713, or any similar laws of the United States or any other 
 65.16  state; and 
 65.17     (2) is committed against the victim who is a family or 
 65.18  household member as defined in section 518B.01, subdivision 2, 
 65.19  paragraph (b). 
 65.20     Sec. 13.  Minnesota Statutes 1994, section 609.224, 
 65.21  subdivision 2, is amended to read: 
 65.22     Subd. 2.  [GROSS MISDEMEANOR.] (a) Whoever violates the 
 65.23  provisions of subdivision 1 against the same victim during the 
 65.24  time period between a previous conviction under this section, 
 65.25  sections 609.221 to 609.2231, 609.342 to 609.345, or 609.713, or 
 65.26  any similar law of another state, and the end of the five years 
 65.27  following discharge from sentence for that conviction, is guilty 
 65.28  of a gross misdemeanor and may be sentenced to imprisonment for 
 65.29  not more than one year or to payment of a fine of not more than 
 65.30  $3,000, or both.  Whoever violates the provisions of subdivision 
 65.31  1 against a family or household member as defined in section 
 65.32  518B.01, subdivision 2, during the time period between a 
 65.33  previous conviction under this section or sections 609.221 to 
 65.34  609.2231, 609.342 to 609.345, or 609.713 against a family or 
 65.35  household member, and the end of the five years following 
 65.36  discharge from sentence for that conviction is guilty of a gross 
 66.1   misdemeanor and may be sentenced to imprisonment for not more 
 66.2   than one year or to payment of a fine of not more than $3,000, 
 66.3   or both. 
 66.4      (b) Whoever violates the provisions of subdivision 1 within 
 66.5   two years of a previous conviction under this section or 
 66.6   sections 609.221 to 609.2231 or 609.713 is guilty of a gross 
 66.7   misdemeanor and may be sentenced to imprisonment for not more 
 66.8   than one year or to payment of a fine of not more than $3,000, 
 66.9   or both. 
 66.10     Sec. 14.  Minnesota Statutes 1994, section 609.224, 
 66.11  subdivision 3, is amended to read: 
 66.12     Subd. 3.  [DOMESTIC ASSAULTS; FIREARMS.] (a) When a person 
 66.13  is convicted of a violation of this section or section 609.221, 
 66.14  609.222, or 609.223, the court shall determine and make written 
 66.15  findings on the record as to whether: 
 66.16     (1) the assault was committed against a family or household 
 66.17  member, as defined in section 518B.01, subdivision 2; 
 66.18     (2) the defendant owns or possesses a firearm; and 
 66.19     (3) (2) the firearm was used in any way during the 
 66.20  commission of the assault. 
 66.21     (b) If the court determines that the assault was of a 
 66.22  family or household member, and that the offender owns or 
 66.23  possesses a firearm and used it in any way during the commission 
 66.24  of the assault, it shall order that the firearm be summarily 
 66.25  forfeited under section 609.5316, subdivision 3. 
 66.26     (c) When a person is convicted of assaulting a family or 
 66.27  household member and is determined by the court to have used a 
 66.28  firearm in any way during commission of the assault the court 
 66.29  may order that the person is prohibited from possessing any type 
 66.30  of firearm for any period longer than three years or for the 
 66.31  remainder of the person's life.  A person who violates this 
 66.32  firearm possession prohibition is guilty of a gross 
 66.33  misdemeanor.  At the time of the conviction, the court shall 
 66.34  inform the defendant whether and for how long the defendant is 
 66.35  prohibited from possessing a firearm and that it is a gross 
 66.36  misdemeanor to violate this prohibition.  The failure of the 
 67.1   court to provide this information to a defendant does not affect 
 67.2   the applicability of the firearm possession prohibition or the 
 67.3   gross misdemeanor penalty to that defendant. 
 67.4      (d) Except as otherwise provided in paragraph (c), when a 
 67.5   person is convicted of a violation of this section and the court 
 67.6   determines that the victim was a family or household member, the 
 67.7   court shall inform the defendant that the defendant is 
 67.8   prohibited from possessing a pistol for a period of three years 
 67.9   from the date of conviction and that it is a gross misdemeanor 
 67.10  offense to violate this prohibition.  The failure of the court 
 67.11  to provide this information to a defendant does not affect the 
 67.12  applicability of the pistol possession prohibition or the gross 
 67.13  misdemeanor penalty to that defendant. 
 67.14     (e) (b) Except as otherwise provided in paragraph (c) 
 67.15  section 609.2241, subdivision 3, paragraph (c), a person is not 
 67.16  entitled to possess a pistol if: 
 67.17     (1) the person has been convicted after August 1, 1992, of 
 67.18  assault in the fifth degree if the offense was committed within 
 67.19  three years of a previous conviction under sections 609.221 to 
 67.20  609.224; or 
 67.21     (2) the person has been convicted after August 1, 1992, of 
 67.22  assault in the fifth degree under section 609.224 and the 
 67.23  assault victim was a family or household member as defined in 
 67.24  section 518B.01, subdivision 2, unless three years have elapsed 
 67.25  from the date of conviction and, during that time, the person 
 67.26  has not been convicted of any other violation of section 
 67.27  609.224.  Property rights may not be abated but access may be 
 67.28  restricted by the courts.  A person who possesses a pistol in 
 67.29  violation of this paragraph is guilty of a gross misdemeanor. 
 67.30     Sec. 15.  [609.2241] [DOMESTIC ASSAULT.] 
 67.31     Subdivision 1.  [MISDEMEANOR.] Whoever does any of the 
 67.32  following against a family or household member as defined in 
 67.33  section 518B.01, subdivision 2, commits an assault and is guilty 
 67.34  of a misdemeanor: 
 67.35     (1) commits an act with intent to cause fear in another of 
 67.36  immediate bodily harm or death; or 
 68.1      (2) intentionally inflicts or attempts to inflict bodily 
 68.2   harm upon another. 
 68.3      Subd. 2.  [GROSS MISDEMEANOR.] Whoever violates subdivision 
 68.4   1 during the time period between a previous conviction under 
 68.5   this section or sections 609.221 to 609.2231, 609.224, 609.342 
 68.6   to 609.345, or 609.713 against a family or household member as 
 68.7   defined in section 518B.01, subdivision 2, and the end of the 
 68.8   five years following discharge from sentence for that conviction 
 68.9   is guilty of a gross misdemeanor and may be sentenced to 
 68.10  imprisonment for not more than one year or to payment of a fine 
 68.11  of not more than $3,000, or both. 
 68.12     Subd. 3.  [DOMESTIC ASSAULTS; FIREARMS.] (a) When a person 
 68.13  is convicted of a violation of section 609.221, 609.222, 
 68.14  609.223, 609.224, or 609.2241, the court shall determine and 
 68.15  make written findings on the record as to whether: 
 68.16     (1) the assault was committed against a family or household 
 68.17  member, as defined in section 518B.01, subdivision 2; 
 68.18     (2) the defendant owns or possesses a firearm; and 
 68.19     (3) the firearm was used in any way during the commission 
 68.20  of the assault. 
 68.21     (b) If the court determines that the assault was of a 
 68.22  family or household member, and that the offender owns or 
 68.23  possesses a firearm and used it in any way during the commission 
 68.24  of the assault, it shall order that the firearm be summarily 
 68.25  forfeited under section 609.5316, subdivision 3. 
 68.26     (c) When a person is convicted of assaulting a family or 
 68.27  household member and is determined by the court to have used a 
 68.28  firearm in any way during commission of the assault, the court 
 68.29  may order that the person is prohibited from possessing any type 
 68.30  of firearm for any period longer than three years or for the 
 68.31  remainder of the person's life.  A person who violates this 
 68.32  paragraph is guilty of a gross misdemeanor.  At the time of the 
 68.33  conviction, the court shall inform the defendant whether and for 
 68.34  how long the defendant is prohibited from possessing a firearm 
 68.35  and that it is a gross misdemeanor to violate this paragraph.  
 68.36  The failure of the court to provide this information to a 
 69.1   defendant does not affect the applicability of the firearm 
 69.2   possession prohibition or the gross misdemeanor penalty to that 
 69.3   defendant. 
 69.4      (d) Except as otherwise provided in paragraph (c), when a 
 69.5   person is convicted of a violation of section 609.224 or 
 69.6   609.2241 and the court determines that the victim was a family 
 69.7   or household member, the court shall inform the defendant that 
 69.8   the defendant is prohibited from possessing a pistol for three 
 69.9   years from the date of conviction and that it is a gross 
 69.10  misdemeanor offense to violate this prohibition.  The failure of 
 69.11  the court to provide this information to a defendant does not 
 69.12  affect the applicability of the pistol possession prohibition or 
 69.13  the gross misdemeanor penalty to that defendant. 
 69.14     (e) Except as otherwise provided in paragraph (c), a person 
 69.15  is not entitled to possess a pistol if the person has been 
 69.16  convicted after August 1, 1992, of domestic assault under 
 69.17  609.2241 or assault in the fifth degree under section 609.224 
 69.18  and the assault victim was a family or household member as 
 69.19  defined in section 518B.01, subdivision 2, unless three years 
 69.20  have elapsed from the date of conviction and, during that time, 
 69.21  the person has not been convicted of any other violation of 
 69.22  section 609.224 or 609.2241.  Property rights may not be abated 
 69.23  but access may be restricted by the courts.  A person who 
 69.24  possesses a pistol in violation of this paragraph is guilty of a 
 69.25  gross misdemeanor.  
 69.26     Subd. 4.  [FELONY.] Whoever violates the provisions of 
 69.27  section 609.224, subdivision 1, or 609.2241, against the same 
 69.28  victim during the time period between the first of two or more 
 69.29  previous convictions under this section or sections 609.221 to 
 69.30  609.2231, 609.224, 609.342 to 609.345, or 609.713, and the end 
 69.31  of the five years following discharge from sentence for that 
 69.32  conviction is guilty of a felony and may be sentenced to 
 69.33  imprisonment for not more than five years or payment of a fine 
 69.34  of not more than $10,000, or both. 
 69.35     Sec. 16.  Minnesota Statutes 1994, section 609.268, 
 69.36  subdivision 1, is amended to read: 
 70.1      Subdivision 1.  [DEATH OF AN UNBORN CHILD.] Whoever, in the 
 70.2   commission of a felony or in a violation of section 609.224, 
 70.3   609.2241, 609.23, or 609.231, causes the death of an unborn 
 70.4   child is guilty of a felony and may be sentenced to imprisonment 
 70.5   for not more than 15 years or to payment of a fine not more than 
 70.6   $30,000, or both.  As used in this subdivision, "felony" does 
 70.7   not include a violation of sections 609.185 to 609.21, 609.221 
 70.8   to 609.2231, or 609.2661 to 609.2665. 
 70.9      Sec. 17.  Minnesota Statutes 1994, section 609.748, 
 70.10  subdivision 6, is amended to read: 
 70.11     Subd. 6.  [VIOLATION OF RESTRAINING ORDER.] (a) When a 
 70.12  temporary restraining order or a restraining order is granted 
 70.13  under this section and the respondent knows of the order, 
 70.14  violation of the order is a misdemeanor.  A person is guilty of 
 70.15  a gross misdemeanor who knowingly violates the order during the 
 70.16  time period between a previous conviction under this 
 70.17  subdivision; sections 609.221 to 609.224 609.2241; 518B.01, 
 70.18  subdivision 14; 609.713, subdivisions 1 or 3; or 609.749; and 
 70.19  the end of the five years following discharge from sentence for 
 70.20  that conviction. 
 70.21     (b) A peace officer shall arrest without a warrant and take 
 70.22  into custody a person whom the peace officer has probable cause 
 70.23  to believe has violated an order issued under subdivision 4 or 5 
 70.24  if the existence of the order can be verified by the officer.  
 70.25     (c) A violation of a temporary restraining order or 
 70.26  restraining order shall also constitute contempt of court. 
 70.27     (d) Upon the filing of an affidavit by the petitioner, any 
 70.28  peace officer, or an interested party designated by the court, 
 70.29  alleging that the respondent has violated an order issued under 
 70.30  subdivision 4 or 5, the court may issue an order to the 
 70.31  respondent requiring the respondent to appear within 14 days and 
 70.32  show cause why the respondent should not be held in contempt of 
 70.33  court.  The court also shall refer the violation of the order to 
 70.34  the appropriate prosecuting authority for possible prosecution 
 70.35  under paragraph (a). 
 70.36     Sec. 18.  Minnesota Statutes 1994, section 609.749, 
 71.1   subdivision 4, is amended to read: 
 71.2      Subd. 4.  [SECOND OR SUBSEQUENT VIOLATIONS; FELONY.] A 
 71.3   person is guilty of a felony who violates any provision of 
 71.4   subdivision 2 during the time period between a previous 
 71.5   conviction under this section; sections 609.221 to 609.224 
 71.6   609.2241; 518B.01, subdivision 14; 609.748, subdivision 6; or 
 71.7   609.713, subdivision 1 or 3; and the end of the ten years 
 71.8   following discharge from sentence for that conviction. 
 71.9      Sec. 19.  Minnesota Statutes 1994, section 609.749, 
 71.10  subdivision 5, is amended to read: 
 71.11     Subd. 5.  [PATTERN OF HARASSING CONDUCT.] (a) A person who 
 71.12  engages in a pattern of harassing conduct with respect to a 
 71.13  single victim or one or more members of a single household in a 
 71.14  manner that would cause a reasonable person under the 
 71.15  circumstances to feel terrorized or to fear bodily harm and that 
 71.16  does cause this reaction on the part of the victim, is guilty of 
 71.17  a felony and may be sentenced to imprisonment for not more than 
 71.18  ten years or to payment of a fine of not more than $20,000, or 
 71.19  both. 
 71.20     (b) For purposes of this subdivision, a "pattern of 
 71.21  harassing conduct" means two or more acts within a five-year 
 71.22  period that violate the provisions of any of the following: 
 71.23     (1) this section; 
 71.24     (2) section 609.713; 
 71.25     (3) section 609.224; 
 71.26     (4) section 609.2241; 
 71.27     (5) section 518B.01, subdivision 14; 
 71.28     (5) (6) section 609.748, subdivision 6; 
 71.29     (6) (7) section 609.605, subdivision 1, paragraph (b), 
 71.30  clause (7); 
 71.31     (7) (8) section 609.79; or 
 71.32     (8) (9) section 609.795. 
 71.33     Sec. 20.  Minnesota Statutes 1994, section 611A.031, is 
 71.34  amended to read: 
 71.35     611A.031 [VICTIM INPUT REGARDING PRETRIAL DIVERSION.] 
 71.36     A prosecutor shall make every reasonable effort to notify 
 72.1   and seek input from the victim prior to referring a person into 
 72.2   a pretrial diversion program in lieu of prosecution for a 
 72.3   violation of sections 609.185, 609.19, 609.195, 609.20, 609.205, 
 72.4   609.221, 609.222, 609.223, 609.224, 609.2241, 609.24, 609.245, 
 72.5   609.25, 609.255, 609.342, 609.343, 609.344, 609.345, 609.365, 
 72.6   609.498, 609.561, 609.582, subdivision 1, 609.687, 609.713, and 
 72.7   609.749. 
 72.8      Sec. 21.  Minnesota Statutes 1994, section 624.713, 
 72.9   subdivision 1, is amended to read: 
 72.10     Subdivision 1.  [INELIGIBLE PERSONS.] The following persons 
 72.11  shall not be entitled to possess a pistol or semiautomatic 
 72.12  military-style assault weapon or, except for paragraph (a), any 
 72.13  other firearm: 
 72.14     (a) a person under the age of 18 years except that a person 
 72.15  under 18 may carry or possess a pistol or semiautomatic 
 72.16  military-style assault weapon (i) in the actual presence or 
 72.17  under the direct supervision of the person's parent or guardian, 
 72.18  (ii) for the purpose of military drill under the auspices of a 
 72.19  legally recognized military organization and under competent 
 72.20  supervision, (iii) for the purpose of instruction, competition, 
 72.21  or target practice on a firing range approved by the chief of 
 72.22  police or county sheriff in whose jurisdiction the range is 
 72.23  located and under direct supervision; or (iv) if the person has 
 72.24  successfully completed a course designed to teach marksmanship 
 72.25  and safety with a pistol or semiautomatic military-style assault 
 72.26  weapon and approved by the commissioner of natural resources; 
 72.27     (b) except as otherwise provided in clause (i), a person 
 72.28  who has been convicted of, or adjudicated delinquent or 
 72.29  convicted as an extended jurisdiction juvenile for committing, 
 72.30  in this state or elsewhere, a crime of violence unless ten years 
 72.31  have elapsed since the person has been restored to civil rights 
 72.32  or the sentence or disposition has expired, whichever occurs 
 72.33  first, and during that time the person has not been convicted of 
 72.34  or adjudicated for any other crime of violence.  For purposes of 
 72.35  this section, crime of violence includes crimes in other states 
 72.36  or jurisdictions which would have been crimes of violence as 
 73.1   herein defined if they had been committed in this state; 
 73.2      (c) a person who is or has ever been confined in Minnesota 
 73.3   or elsewhere as a "mentally ill," "mentally retarded," or 
 73.4   "mentally ill and dangerous to the public" person as defined in 
 73.5   section 253B.02, to a treatment facility, or who has ever been 
 73.6   found incompetent to stand trial or not guilty by reason of 
 73.7   mental illness, unless the person possesses a certificate of a 
 73.8   medical doctor or psychiatrist licensed in Minnesota, or other 
 73.9   satisfactory proof that the person is no longer suffering from 
 73.10  this disability; 
 73.11     (d) a person who has been convicted in Minnesota or 
 73.12  elsewhere of a misdemeanor or gross misdemeanor violation of 
 73.13  chapter 152, or a person who is or has ever been hospitalized or 
 73.14  committed for treatment for the habitual use of a controlled 
 73.15  substance or marijuana, as defined in sections 152.01 and 
 73.16  152.02, unless the person possesses a certificate of a medical 
 73.17  doctor or psychiatrist licensed in Minnesota, or other 
 73.18  satisfactory proof, that the person has not abused a controlled 
 73.19  substance or marijuana during the previous two years; 
 73.20     (e) a person who has been confined or committed to a 
 73.21  treatment facility in Minnesota or elsewhere as "chemically 
 73.22  dependent" as defined in section 253B.02, unless the person has 
 73.23  completed treatment.  Property rights may not be abated but 
 73.24  access may be restricted by the courts; 
 73.25     (f) a peace officer who is informally admitted to a 
 73.26  treatment facility pursuant to section 253B.04 for chemical 
 73.27  dependency, unless the officer possesses a certificate from the 
 73.28  head of the treatment facility discharging or provisionally 
 73.29  discharging the officer from the treatment facility.  Property 
 73.30  rights may not be abated but access may be restricted by the 
 73.31  courts; 
 73.32     (g) a person, including a person under the jurisdiction of 
 73.33  the juvenile court, who has been charged with committing a crime 
 73.34  of violence and has been placed in a pretrial diversion program 
 73.35  by the court before disposition, until the person has completed 
 73.36  the diversion program and the charge of committing the crime of 
 74.1   violence has been dismissed; 
 74.2      (h) except as otherwise provided in clause (i), a person 
 74.3   who has been convicted in another state of committing an offense 
 74.4   similar to the offense described in section 609.224, subdivision 
 74.5   3, against a family or household member or section 609.2241, 
 74.6   subdivision 3, unless three years have elapsed since the date of 
 74.7   conviction and, during that time, the person has not been 
 74.8   convicted of any other violation of section 609.224, subdivision 
 74.9   3, or 609.2241, subdivision 3, or a similar law of another 
 74.10  state; 
 74.11     (i) a person who has been convicted in this state or 
 74.12  elsewhere of assaulting a family or household member and who was 
 74.13  found by the court to have used a firearm in any way during 
 74.14  commission of the assault is prohibited from possessing any type 
 74.15  of firearm for the period determined by the sentencing court; or 
 74.16     (j) a person who: 
 74.17     (1) has been convicted in any court of a crime punishable 
 74.18  by imprisonment for a term exceeding one year; 
 74.19     (2) is a fugitive from justice as a result of having fled 
 74.20  from any state to avoid prosecution for a crime or to avoid 
 74.21  giving testimony in any criminal proceeding; 
 74.22     (3) is an unlawful user of any controlled substance as 
 74.23  defined in chapter 152; 
 74.24     (4) has been judicially committed to a treatment facility 
 74.25  in Minnesota or elsewhere as a "mentally ill," "mentally 
 74.26  retarded," or "mentally ill and dangerous to the public" person 
 74.27  as defined in section 253B.02; 
 74.28     (5) is an alien who is illegally or unlawfully in the 
 74.29  United States; 
 74.30     (6) has been discharged from the armed forces of the United 
 74.31  States under dishonorable conditions; or 
 74.32     (7) has renounced the person's citizenship having been a 
 74.33  citizen of the United States. 
 74.34     A person who issues a certificate pursuant to this 
 74.35  subdivision in good faith is not liable for damages resulting or 
 74.36  arising from the actions or misconduct with a firearm committed 
 75.1   by the individual who is the subject of the certificate. 
 75.2      The prohibition in this subdivision relating to the 
 75.3   possession of firearms other than pistols and semiautomatic 
 75.4   military-style assault weapons does not apply retroactively to 
 75.5   persons who are prohibited from possessing a pistol or 
 75.6   semiautomatic military-style assault weapon under this 
 75.7   subdivision before August 1, 1994. 
 75.8      Sec. 22.  Minnesota Statutes 1994, section 626.563, 
 75.9   subdivision 1, is amended to read: 
 75.10     Subdivision 1.  [DEFINITIONS.] The definitions in this 
 75.11  subdivision apply to this section. 
 75.12     (a) "Child abuse" means any act which involves a minor 
 75.13  victim and which constitutes a violation of section 609.221, 
 75.14  609.222, 609.223, 609.224, 609.2241, 609.255, 609.342, 609.343, 
 75.15  609.344, 609.345, 609.377, or 609.378. 
 75.16     (b) "Significant relationship" means a relationship as 
 75.17  defined by section 609.341, subdivision 15. 
 75.18     (c) "Child" means a person under the age of 18 who is the 
 75.19  alleged victim of child abuse perpetrated by an adult who has a 
 75.20  significant relationship with the child victim. 
 75.21     Sec. 23.  Minnesota Statutes 1994, section 629.471, 
 75.22  subdivision 3, is amended to read: 
 75.23     Subd. 3.  [SIX TIMES THE FINE.] For offenses under sections 
 75.24  518B.01 and, 609.224, and 609.2241, the maximum cash bail that 
 75.25  may be required for a person charged with a misdemeanor or gross 
 75.26  misdemeanor violation is six times the highest cash fine that 
 75.27  may be imposed for the offense. 
 75.28     Sec. 24.  Minnesota Statutes 1994, section 629.74, is 
 75.29  amended to read: 
 75.30     629.74 [PRETRIAL BAIL EVALUATION.] 
 75.31     The local corrections department or its designee shall 
 75.32  conduct a pretrial bail evaluation of each defendant arrested 
 75.33  and detained for committing a crime of violence as defined in 
 75.34  section 624.712, subdivision 5, a gross misdemeanor violation of 
 75.35  section 609.224 or 609.2241, or a nonfelony violation of section 
 75.36  518B.01, 609.2231, 609.3451, 609.748, or 609.749.  In cases 
 76.1   where the defendant requests appointed counsel, the evaluation 
 76.2   shall include completion of the financial statement required by 
 76.3   section 611.17.  The local corrections department shall be 
 76.4   reimbursed $25 by the department of corrections for each 
 76.5   evaluation performed.  The conference of chief judges, in 
 76.6   consultation with the department of corrections, shall approve 
 76.7   the pretrial evaluation form to be used in each county. 
 76.8      Sec. 25.  Minnesota Statutes 1994, section 630.36, 
 76.9   subdivision 2, is amended to read: 
 76.10     Subd. 2.  [CHILD ABUSE DEFINED.] As used in subdivision 1, 
 76.11  "child abuse" means any act which involves a minor victim and 
 76.12  which constitutes a violation of section 609.221, 609.222, 
 76.13  609.223, 609.2231, 609.2241, 609.255, 609.321, 609.322, 609.323, 
 76.14  609.324, 609.342, 609.343, 609.344, 609.345, 609.377, 609.378, 
 76.15  617.246, or 609.224 if the minor victim is a family or household 
 76.16  member of the defendant. 
 76.17     Sec. 26.  Minnesota Statutes 1994, section 631.046, 
 76.18  subdivision 1, is amended to read: 
 76.19     Subdivision 1.  [CHILD ABUSE AND VIOLENT CRIME CASES.] 
 76.20  Notwithstanding any other law, a prosecuting witness under 18 
 76.21  years of age in a case involving child abuse as defined in 
 76.22  section 630.36, subdivision 2, a crime of violence, as defined 
 76.23  in section 624.712, subdivision 5, or an assault under section 
 76.24  609.224 or 609.2241, may choose to have in attendance or be 
 76.25  accompanied by a parent, guardian, or other supportive person, 
 76.26  whether or not a witness, at the omnibus hearing or at the 
 76.27  trial, during testimony of the prosecuting witness.  If the 
 76.28  person so chosen is also a prosecuting witness, the prosecution 
 76.29  shall present on noticed motion, evidence that the person's 
 76.30  attendance is both desired by the prosecuting witness for 
 76.31  support and will be helpful to the prosecuting witness.  Upon 
 76.32  that showing the court shall grant the request unless 
 76.33  information presented by the defendant or noticed by the court 
 76.34  establishes that the support person's attendance during the 
 76.35  testimony of the prosecuting witness would pose a substantial 
 76.36  risk of influencing or affecting the content of that testimony. 
 77.1      Sec. 27.  [EFFECTIVE DATE.] 
 77.2      Article 4, sections 1 to 26, are effective August 1, 1995, 
 77.3   and apply to prosecutions commenced on or after that date. 
 77.4                              ARTICLE 5
 77.5            INDEX OF CLASSIFICATIONS OUTSIDE OF CHAPTER 13
 77.6      Section 1.  Minnesota Statutes 1994, section 13.99, 
 77.7   subdivision 1, is amended to read: 
 77.8      Subdivision 1.  [PROVISIONS CODED IN OTHER CHAPTERS.] The 
 77.9   laws enumerated in this section are codified outside of this 
 77.10  chapter and classify government data as other than public or 
 77.11  place restrictions on access to government data.  Except for 
 77.12  records of the judiciary, the definitions and general provisions 
 77.13  in sections 13.01 to 13.07 and the remedies and penalties 
 77.14  provided in sections 13.08 and 13.09 also apply to data and 
 77.15  records listed in this section and to other provisions of 
 77.16  statute that provide access to government data and records or 
 77.17  rights regarding government data similar to those established by 
 77.18  section 13.04. 
 77.19     Sec. 2.  Minnesota Statutes 1994, section 13.99, is amended 
 77.20  by adding a subdivision to read: 
 77.21     Subd. 5a.  [ETHICAL PRACTICES BOARD OPINIONS.] A request 
 77.22  for an ethical practices board advisory opinion and the opinion 
 77.23  itself are classified under section 10A.02, subdivision 12. 
 77.24     Sec. 3.  Minnesota Statutes 1994, section 13.99, is amended 
 77.25  by adding a subdivision to read: 
 77.26     Subd. 6d.  [AGRICULTURAL COMMODITY HANDLERS.] Access to 
 77.27  data filed with the commissioner of agriculture by agricultural 
 77.28  commodity handlers is governed by section 17.694, subdivision 1. 
 77.29     Sec. 4.  Minnesota Statutes 1994, section 13.99, is amended 
 77.30  by adding a subdivision to read: 
 77.31     Subd. 11a.  [CERTAIN DATA RECEIVED BY COMMISSIONER OF 
 77.32  COMMERCE.] Certain data received because of the participation of 
 77.33  the commissioner of commerce in various organizations are 
 77.34  classified under section 45.012. 
 77.35     Sec. 5.  Minnesota Statutes 1994, section 13.99, is amended 
 77.36  by adding a subdivision to read: 
 78.1      Subd. 11b.  [BANK INCORPORATORS DATA.] Financial data on 
 78.2   individuals submitted by incorporators proposing to organize a 
 78.3   bank are classified under section 46.041, subdivision 1. 
 78.4      Sec. 6.  Minnesota Statutes 1994, section 13.99, 
 78.5   subdivision 12, is amended to read: 
 78.6      Subd. 12.  [COMMERCE DEPARTMENT DATA ON FINANCIAL 
 78.7   INSTITUTIONS.] The disclosure by the commissioner of commerce of 
 78.8   facts and information obtained in the course of examining 
 78.9   financial institutions and in relation to complaints filed with 
 78.10  the commissioner is governed by section 46.07, subdivision 
 78.11  subdivisions 2 and 3. 
 78.12     Sec. 7.  Minnesota Statutes 1994, section 13.99, is amended 
 78.13  by adding a subdivision to read: 
 78.14     Subd. 12a.  [ELECTRONIC FINANCIAL TERMINAL DATA.] 
 78.15  Information obtained by the commissioner of commerce in the 
 78.16  course of verifying electronic financial terminal equipment is 
 78.17  classified under section 47.66. 
 78.18     Sec. 8.  Minnesota Statutes 1994, section 13.99, is amended 
 78.19  by adding a subdivision to read: 
 78.20     Subd. 14a.  [SURPLUS LINES INSURER DATA.] Reports and 
 78.21  recommendations on the financial condition of eligible surplus 
 78.22  lines insurers submitted to the commissioner of commerce are 
 78.23  classified under section 60A.208, subdivision 7. 
 78.24     Sec. 9.  Minnesota Statutes 1994, section 13.99, is amended 
 78.25  by adding a subdivision to read: 
 78.26     Subd. 17b.  [INSURER FINANCIAL CONDITION DATA.] 
 78.27  Recommendations on the financial condition of an insurer 
 78.28  submitted to the commissioner of commerce by the insurance 
 78.29  guaranty association are classified under section 60C.15. 
 78.30     Sec. 10.  Minnesota Statutes 1994, section 13.99, is 
 78.31  amended by adding a subdivision to read: 
 78.32     Subd. 18a.  [INSURER SUPERVISION DATA.] Data on insurers 
 78.33  supervised by the commissioner of commerce under chapter 60G are 
 78.34  classified under section 60G.03, subdivision 1. 
 78.35     Sec. 11.  Minnesota Statutes 1994, section 13.99, is 
 78.36  amended by adding a subdivision to read: 
 79.1      Subd. 18b.  [INSURANCE AGENT TERMINATION.] Access to data 
 79.2   on insurance agent terminations held by the commissioner of 
 79.3   commerce is governed by section 60K.10. 
 79.4      Sec. 12.  Minnesota Statutes 1994, section 13.99, is 
 79.5   amended by adding a subdivision to read: 
 79.6      Subd. 18c.  [ASSOCIATION DATA.] Certain data submitted to 
 79.7   the commissioner of commerce by a life and health guaranty 
 79.8   association are classified under section 61B.28, subdivision 2. 
 79.9      Sec. 13.  Minnesota Statutes 1994, section 13.99, is 
 79.10  amended by adding a subdivision to read: 
 79.11     Subd. 18d.  [SOLICITOR OR AGENT DATA.] Data relating to 
 79.12  suspension or revocation of a solicitor's or agent's license are 
 79.13  classified under section 62C.17, subdivision 4. 
 79.14     Sec. 14.  Minnesota Statutes 1994, section 13.99, is 
 79.15  amended by adding a subdivision to read: 
 79.16     Subd. 19f.  [LEGAL SERVICE PLAN SOLICITOR OR AGENT 
 79.17  DATA.] Information contained in a request by a legal service 
 79.18  plan for termination of a solicitor's or agent's license is 
 79.19  classified under section 62G.20, subdivision 3. 
 79.20     Sec. 15.  Minnesota Statutes 1994, section 13.99, is 
 79.21  amended by adding a subdivision to read: 
 79.22     Subd. 19g.  [ANTITRUST EXEMPTION.] Trade secret data 
 79.23  submitted in an application for exemption from antitrust laws by 
 79.24  health care entities are classified under section 62J.2914, 
 79.25  subdivision 5. 
 79.26     Sec. 16.  Minnesota Statutes 1994, section 13.99, is 
 79.27  amended by adding a subdivision to read: 
 79.28     Subd. 19h.  [HEALTH CARE COST CONTAINMENT.] Data required 
 79.29  to be submitted under health care cost containment provisions 
 79.30  are classified by sections 62J.35, subdivision 3, and 62J.45, 
 79.31  subdivision 4a. 
 79.32     Sec. 17.  Minnesota Statutes 1994, section 13.99, 
 79.33  subdivision 20, is amended to read: 
 79.34     Subd. 20.  [AUTO THEFT DATA.] The sharing of data on auto 
 79.35  thefts between law enforcement and prosecutors and insurers is 
 79.36  governed by section 65B.81 65B.82. 
 80.1      Sec. 18.  Minnesota Statutes 1994, section 13.99, is 
 80.2   amended by adding a subdivision to read: 
 80.3      Subd. 20a.  [INSURANCE CONTRACT DATA.] Certain insurance 
 80.4   contract data held by the commissioner of commerce are 
 80.5   classified under section 72A.20, subdivision 15. 
 80.6      Sec. 19.  Minnesota Statutes 1994, section 13.99, is 
 80.7   amended by adding a subdivision to read: 
 80.8      Subd. 20b.  [HEALTH CLAIMS APPEALS.] Documents that are 
 80.9   part of an appeal from denial of health care coverage for 
 80.10  experimental treatment are classified under section 72A.327. 
 80.11     Sec. 20.  Minnesota Statutes 1994, section 13.99, 
 80.12  subdivision 21a, is amended to read: 
 80.13     Subd. 21a.  [MINERAL DEPOSIT EVALUATION DATA.] Data 
 80.14  submitted in applying for a permit for mineral deposit 
 80.15  evaluation and as a result of exploration are classified under 
 80.16  section 103I.605, subdivision subdivisions 2 and 4. 
 80.17     Sec. 21.  Minnesota Statutes 1994, section 13.99, is 
 80.18  amended by adding a subdivision to read: 
 80.19     Subd. 21d.  [WASTE MANAGEMENT HAULER DATA.] Data on waste 
 80.20  management haulers inspected under section 115A.47 are 
 80.21  classified under section 115A.47, subdivision 5. 
 80.22     Sec. 22.  Minnesota Statutes 1994, section 13.99, is 
 80.23  amended by adding a subdivision to read: 
 80.24     Subd. 24a.  [VOLUNTARY BUY-OUT DATA.] Data obtained by the 
 80.25  commissioner of commerce from insurers under the voluntary 
 80.26  buy-out law are classified under section 115B.46, subdivision 6. 
 80.27     Sec. 23.  Minnesota Statutes 1994, section 13.99, is 
 80.28  amended by adding a subdivision to read: 
 80.29     Subd. 24b.  [PETROLEUM TANK RELEASE.] Certain data in 
 80.30  connection with a petroleum tank release are classified under 
 80.31  section 115C.03, subdivision 8. 
 80.32     Sec. 24.  Minnesota Statutes 1994, section 13.99, is 
 80.33  amended by adding a subdivision to read: 
 80.34     Subd. 24c.  [TOXIC POLLUTION PREVENTION PLANS.] Toxic 
 80.35  pollution prevention plans are classified under section 115D.09. 
 80.36     Sec. 25.  Minnesota Statutes 1994, section 13.99, is 
 81.1   amended by adding a subdivision to read: 
 81.2      Subd. 27e.  [DEVELOPMENTAL SCREENING.] Data collected in 
 81.3   early childhood developmental screening programs are classified 
 81.4   under section 123.704. 
 81.5      Sec. 26.  Minnesota Statutes 1994, section 13.99, is 
 81.6   amended by adding a subdivision to read: 
 81.7      Subd. 27f.  [TEACHER LICENSE REPORTING.] Data on certain 
 81.8   teacher discharges and resignations reported under section 
 81.9   125.09 are classified under that section. 
 81.10     Sec. 27.  Minnesota Statutes 1994, section 13.99, is 
 81.11  amended by adding a subdivision to read: 
 81.12     Subd. 28a.  [HIGHER EDUCATION COORDINATING BOARD.] 
 81.13  Financial records submitted by schools registering with the 
 81.14  higher education coordinating board are classified under section 
 81.15  136A.64. 
 81.16     Sec. 28.  Minnesota Statutes 1994, section 13.99, is 
 81.17  amended by adding a subdivision to read: 
 81.18     Subd. 29b.  [PUBLIC HEALTH STUDIES.] Data held by the 
 81.19  commissioner of health in connection with public health studies 
 81.20  are classified under section 144.053. 
 81.21     Sec. 29.  Minnesota Statutes 1994, section 13.99, is 
 81.22  amended by adding a subdivision to read: 
 81.23     Subd. 29c.  [RURAL HOSPITAL GRANTS.] Financial data on 
 81.24  individual hospitals under the rural hospital grant program are 
 81.25  classified under section 144.147, subdivision 5. 
 81.26     Sec. 30.  Minnesota Statutes 1994, section 13.99, is 
 81.27  amended by adding a subdivision to read: 
 81.28     Subd. 35c.  [TRAUMATIC INJURY DATA.] Data on individuals 
 81.29  with a brain or spinal injury collected by the commissioner of 
 81.30  health are classified under section 144.665. 
 81.31     Sec. 31.  Minnesota Statutes 1994, section 13.99, is 
 81.32  amended by adding a subdivision to read: 
 81.33     Subd. 38b.  [LEAD EXPOSURE DATA.] Data on individuals 
 81.34  exposed to lead in their residences are classified under section 
 81.35  144.874, subdivision 1. 
 81.36     Sec. 32.  Minnesota Statutes 1994, section 13.99, 
 82.1   subdivision 42a, is amended to read: 
 82.2      Subd. 42a.  [PHYSICIAN HEALTH DATA BOARD OF MEDICAL 
 82.3   PRACTICE.] Physician health data obtained by the licensing board 
 82.4   in connection with a disciplinary action are classified under 
 82.5   section 147.091, subdivision 6 Data held by the board of medical 
 82.6   practice in connection with disciplinary matters are classified 
 82.7   under sections 147.01, subdivision 4, and 147.091, subdivision 6.
 82.8      Sec. 33.  Minnesota Statutes 1994, section 13.99, is 
 82.9   amended by adding a subdivision to read: 
 82.10     Subd. 52b.  [UNLICENSED MENTAL HEALTH PRACTITIONERS.] 
 82.11  Certain data in connection with the investigation of an 
 82.12  unlicensed mental health practitioner are classified under 
 82.13  section 148B.66, subdivision 2. 
 82.14     Sec. 34.  Minnesota Statutes 1994, section 13.99, 
 82.15  subdivision 54, is amended to read: 
 82.16     Subd. 54.  [MOTOR VEHICLE REGISTRATION.] The residence 
 82.17  address of certain individuals provided to the commissioner of 
 82.18  public safety for Various data on motor vehicle registrations is 
 82.19  are classified under section sections 168.345 and 168.346. 
 82.20     Sec. 35.  Minnesota Statutes 1994, section 13.99, is 
 82.21  amended by adding a subdivision to read: 
 82.22     Subd. 54b.  [DRIVERS' LICENSE CANCELLATIONS.] Access to 
 82.23  data on individuals whose driver's licenses have been canceled 
 82.24  is governed by section 171.043. 
 82.25     Sec. 36.  Minnesota Statutes 1994, section 13.99, 
 82.26  subdivision 55, is amended to read: 
 82.27     Subd. 55.  [DRIVERS' LICENSE PHOTOGRAPHS AND IMAGES.] 
 82.28  Photographs or electronically produced images taken by the 
 82.29  commissioner of public safety for drivers' licenses are 
 82.30  classified under section 171.07, subdivision 1a. 
 82.31     Sec. 37.  Minnesota Statutes 1994, section 13.99, is 
 82.32  amended by adding a subdivision to read: 
 82.33     Subd. 56a.  [DRIVERS' LICENSE CANCELLATION DUE TO 
 82.34  BLINDNESS.] Data on a visual examination performed for purposes 
 82.35  of drivers' license cancellation are classified under section 
 82.36  171.32, subdivision 3. 
 83.1      Sec. 38.  Minnesota Statutes 1994, section 13.99, is 
 83.2   amended by adding a subdivision to read: 
 83.3      Subd. 58b.  [WORKERS' COMPENSATION COVERAGE.] Access to the 
 83.4   identity of anyone reporting that an employer may not have 
 83.5   workers' compensation insurance is governed by section 176.184, 
 83.6   subdivision 5. 
 83.7      Sec. 39.  Minnesota Statutes 1994, section 13.99, 
 83.8   subdivision 64, is amended to read: 
 83.9      Subd. 64.  [HEALTH LICENSING BOARDS.] Data received held by 
 83.10  health licensing boards from the commissioner of human services 
 83.11  are classified under section sections 214.10, subdivision 8, and 
 83.12  214.25, subdivision 1. 
 83.13     Sec. 40.  Minnesota Statutes 1994, section 13.99, is 
 83.14  amended by adding a subdivision to read: 
 83.15     Subd. 64a.  [COMBINED BOARDS DATA.] Data held by licensing 
 83.16  boards participating in a health professional services program 
 83.17  are classified under sections 214.34 and 214.35. 
 83.18     Sec. 41.  Minnesota Statutes 1994, section 13.99, is 
 83.19  amended by adding a subdivision to read: 
 83.20     Subd. 74c.  [OMBUDSMAN ON AGING.] Data held by the 
 83.21  ombudsman on aging are classified under section 256.9744. 
 83.22     Sec. 42.  Minnesota Statutes 1994, section 13.99, 
 83.23  subdivision 78, is amended to read: 
 83.24     Subd. 78.  [ADOPTEE'S ORIGINAL BIRTH CERTIFICATE ADOPTION 
 83.25  RECORDS.] Various adoption records are classified under section 
 83.26  259.53, subdivision 1.  Access to the original birth certificate 
 83.27  of a person who has been adopted is governed by section 259.89. 
 83.28     Sec. 43.  Minnesota Statutes 1994, section 13.99, 
 83.29  subdivision 79, is amended to read: 
 83.30     Subd. 79.  [PEACE OFFICERS, COURT SERVICES, AND CORRECTIONS 
 83.31  RECORDS OF JUVENILES.] Inspection and maintenance of juvenile 
 83.32  records held by police and the commissioner of corrections are 
 83.33  governed by section 260.161, subdivision 3. and disclosure to 
 83.34  school officials of court services data on juveniles adjudicated 
 83.35  delinquent is are governed by section 260.161, subdivision 1b. 
 83.36     Sec. 44.  Minnesota Statutes 1994, section 13.99, is 
 84.1   amended by adding a subdivision to read: 
 84.2      Subd. 81b.  [MINNESOTA YOUTH PROGRAM.] Data on individuals 
 84.3   under the Minnesota youth program are classified under section 
 84.4   268.561, subdivision 7. 
 84.5      Sec. 45.  Minnesota Statutes 1994, section 13.99, is 
 84.6   amended by adding a subdivision to read: 
 84.7      Subd. 90a.  [CRIMINAL JUSTICE INFORMATION NETWORK.] Data 
 84.8   collected by the criminal justice data communications network 
 84.9   are classified under section 299C.46, subdivision 5. 
 84.10     Sec. 46.  Minnesota Statutes 1994, section 13.99, is 
 84.11  amended by adding a subdivision to read: 
 84.12     Subd. 92e.  [PROFESSIONAL CORPORATIONS.] Access to records 
 84.13  of a professional corporation held by a licensing board under 
 84.14  section 319A.17 is governed by that section. 
 84.15     Sec. 47.  Minnesota Statutes 1994, section 13.99, is 
 84.16  amended by adding a subdivision to read: 
 84.17     Subd. 92f.  [PRIVATE DETECTIVE LICENSE.] Certain data on 
 84.18  applicants for licensure as private detectives are classified 
 84.19  under section 326.3382, subdivision 3. 
 84.20     Sec. 48.  Minnesota Statutes 1994, section 13.99, is 
 84.21  amended by adding a subdivision to read: 
 84.22     Subd. 98a.  [ARENA ACQUISITION.] Certain data in connection 
 84.23  with a decision whether to acquire a sports arena are classified 
 84.24  under section 473.598, subdivision 4. 
 84.25     Sec. 49.  Minnesota Statutes 1994, section 13.99, is 
 84.26  amended by adding a subdivision to read: 
 84.27     Subd. 98b.  [METROPOLITAN AIRPORTS COMMISSION.] Certain 
 84.28  airline data submitted to the metropolitan airports commission 
 84.29  in connection with the issuance of revenue bonds are classified 
 84.30  under section 473.6671, subdivision 3. 
 84.31     Sec. 50.  Minnesota Statutes 1994, section 13.99, 
 84.32  subdivision 112, is amended to read: 
 84.33     Subd. 112.  [CHILD ABUSE REPORT RECORDS.] Data contained in 
 84.34  child abuse report records are classified under section 626.556, 
 84.35  subdivisions 11 and 11b. 
 84.36     Sec. 51.  Minnesota Statutes 1994, section 13.99, is 
 85.1   amended by adding a subdivision to read: 
 85.2      Subd. 113a.  [CHILD PROTECTION TEAM.] Data acquired by a 
 85.3   case consultation committee or subcommittee of a child 
 85.4   protection team are classified by section 626.558, subdivision 3.