3rd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to data practices; providing for the 1.3 collection and dissemination of data; proposing and 1.4 modifying classifications of data; providing for 1.5 sharing and release of certain not public data; 1.6 requiring release of mental health records to law 1.7 enforcement in certain emergency situations; amending 1.8 Minnesota Statutes 2002, sections 13.03, by adding a 1.9 subdivision; 13.3806, by adding a subdivision; 13.43, 1.10 subdivision 2, by adding a subdivision; 13.44, by 1.11 adding a subdivision; 13.46, subdivisions 1, 7; 1.12 13.461, by adding a subdivision; 13.47, subdivision 4; 1.13 13.51, subdivision 2, by adding a subdivision; 13.598, 1.14 as amended; 13.7931, by adding a subdivision; 13.82, 1.15 subdivision 5; 13.871, by adding a subdivision; 1.16 13D.05, subdivision 3; 38.04; 45.027, subdivision 7a; 1.17 60A.03, subdivision 9; 60A.031, subdivision 4; 1.18 119B.02, subdivision 6; 144.2215; 144.335, subdivision 1.19 3a; 270B.01, subdivision 8; 270B.12, subdivision 9; 1.20 270B.14, subdivision 2; 629.341, subdivision 4; 1.21 Minnesota Statutes 2003 Supplement, sections 13.46, 1.22 subdivision 2; 268.19, subdivisions 1, 2; 270B.12, 1.23 subdivision 13; Laws 2002, chapter 266, section 1; 1.24 proposing coding for new law in Minnesota Statutes, 1.25 chapters 13; 84; 144; repealing Minnesota Statutes 1.26 2002, sections 13.319, subdivision 7; 13.475. 1.27 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.28 Section 1. Minnesota Statutes 2002, section 13.03, is 1.29 amended by adding a subdivision to read: 1.30 Subd. 12. [PLEADINGS.] Pleadings, as defined by court 1.31 rule, served by or on a government entity, are public data to 1.32 the same extent that the data would be public if filed with the 1.33 court. 1.34 Sec. 2. [13.203] [SERVICE COOPERATIVE CLAIMS DATA.] 1.35 Claims experience and all related information received from 1.36 carriers and claims administrators participating in a group 2.1 health or dental plan, including any long-term disability plan, 2.2 offered through the Minnesota service cooperatives to Minnesota 2.3 school districts and other political subdivisions, and survey 2.4 information collected from employees and employers participating 2.5 in these plans and programs, except when the executive director 2.6 of a Minnesota service cooperative determines that release of 2.7 the data will not be detrimental to the plan or program, are 2.8 classified as nonpublic data not on individuals. 2.9 Sec. 3. Minnesota Statutes 2002, section 13.3806, is 2.10 amended by adding a subdivision to read: 2.11 Subd. 4a. [BIRTH DEFECTS INFORMATION SYSTEM.] Information 2.12 collected for the birth defects information system is governed 2.13 by section 144.2217. 2.14 [EFFECTIVE DATE.] This section is effective upon receipt of 2.15 a federal grant to establish a birth defects information system. 2.16 Sec. 4. Minnesota Statutes 2002, section 13.43, 2.17 subdivision 2, is amended to read: 2.18 Subd. 2. [PUBLIC DATA.] (a) Except for employees described 2.19 in subdivision 5 and subject to the limitations in subdivision 2.20 5a, the following personnel data on current and former 2.21 employees, volunteers, and independent contractors of a state 2.22 agency, statewide system, or political subdivision and members 2.23 of advisory boards or commissions is public: 2.24 (1) name; employee identification number, which must not be 2.25 the employee's Social Security number; actual gross salary; 2.26 salary range; contract fees; actual gross pension; the value and 2.27 nature of employer paid fringe benefits; and the basis for and 2.28 the amount of any added remuneration, including expense 2.29 reimbursement, in addition to salary; 2.30 (2) job title and bargaining unit; job description; 2.31 education and training background; and previous work experience; 2.32 (3) date of first and last employment; 2.33 (4) the existence and status of any complaints or charges 2.34 against the employee, regardless of whether the complaint or 2.35 charge resulted in a disciplinary action; 2.36 (5) the final disposition of any disciplinary action 3.1 together with the specific reasons for the action and data 3.2 documenting the basis of the action, excluding data that would 3.3 identify confidential sources who are employees of the public 3.4 body; 3.5 (6) the terms of any agreement settling any dispute arising 3.6 out of an employment relationship, including a buyout agreement 3.7 as defined in section 123B.143, subdivision 2, paragraph (a); 3.8 except that the agreement must include specific reasons for the 3.9 agreement if it involves the payment of more than $10,000 of 3.10 public money; 3.11 (7) work location; a work telephone number; badge number; 3.12 and honors and awards received; and 3.13 (8) payroll time sheets or other comparable data that are 3.14 only used to account for employee's work time for payroll 3.15 purposes, except to the extent that release of time sheet data 3.16 would reveal the employee's reasons for the use of sick or other 3.17 medical leave or other not public data
; and city and county of3.18 residence. 3.19 (b) For purposes of this subdivision, a final disposition 3.20 occurs when the state agency, statewide system, or political 3.21 subdivision makes its final decision about the disciplinary 3.22 action, regardless of the possibility of any later proceedings 3.23 or court proceedings. In the case of arbitration proceedings 3.24 arising under collective bargaining agreements, a final 3.25 disposition occurs at the conclusion of the arbitration 3.26 proceedings, or upon the failure of the employee to elect 3.27 arbitration within the time provided by the collective 3.28 bargaining agreement. Final disposition includes a resignation 3.29 by an individual when the resignation occurs after the final 3.30 decision of the state agency, statewide system, political 3.31 subdivision, or arbitrator. 3.32 (c) The state agency, statewide system, or political 3.33 subdivision may display a photograph of a current or former 3.34 employee to a prospective witness as part of the state agency's, 3.35 statewide system's, or political subdivision's investigation of 3.36 any complaint or charge against the employee. 4.1 (d) A complainant has access to a statement provided by the 4.2 complainant to a state agency, statewide system, or political 4.3 subdivision in connection with a complaint or charge against an 4.4 employee. 4.5 (e) Notwithstanding paragraph (a), clause (5), upon 4.6 completion of an investigation of a complaint or charge against 4.7 a public official, or if a public official resigns or is 4.8 terminated from employment while the complaint or charge is 4.9 pending, all data relating to the complaint or charge are 4.10 public, unless access to the data would jeopardize an active 4.11 investigation or reveal confidential sources. For purposes of 4.12 this paragraph, "public official" means: 4.13 (1) the head of a state agency and deputy and assistant 4.14 state agency heads; 4.15 (2) members of boards or commissions required by law to be 4.16 appointed by the governor or other elective officers; and 4.17 (3) executive or administrative heads of departments, 4.18 bureaus, divisions, or institutions. 4.19 Sec. 5. Minnesota Statutes 2002, section 13.43, is amended 4.20 by adding a subdivision to read: 4.21 Subd. 5a. [LIMITATION ON DISCLOSURE OF CERTAIN PERSONNEL 4.22 DATA.] Notwithstanding any other provision of this section, the 4.23 following data relating to employees of a secure treatment 4.24 facility defined in section 253B.02, subdivision 18a, employees 4.25 of a state correctional facility, or employees of the Department 4.26 of Corrections directly involved in supervision of offenders in 4.27 the community, shall not be disclosed to facility patients, 4.28 corrections inmates, or other individuals who facility or 4.29 correction administrators reasonably believe will use the 4.30 information to harass, intimidate, or assault any of these 4.31 employees: place where previous education or training occurred; 4.32 place of prior employment; and payroll timesheets or other 4.33 comparable data, to the extent that disclosure of payroll 4.34 timesheets or other comparable data may disclose future work 4.35 assignments, home address or telephone number, the location of 4.36 an employee during nonwork hours, or the location of an 5.1 employee's immediate family members. 5.2 Sec. 6. Minnesota Statutes 2002, section 13.44, is amended 5.3 by adding a subdivision to read: 5.4 Subd. 4. [PERSONAL AND INTANGIBLE PROPERTY; APPRAISAL 5.5 DATA.] Preliminary and final market value appraisals, which are 5.6 made by personnel of a city or county or by an independent 5.7 appraiser acting on behalf of a city or county, of personal and 5.8 intangible property owned by the city or county, are classified 5.9 as nonpublic data not on individuals until either (1) a purchase 5.10 agreement is entered into; or (2) the parties negotiating the 5.11 transaction exchange appraisals. 5.12 Sec. 7. Minnesota Statutes 2002, section 13.46, 5.13 subdivision 1, is amended to read: 5.14 Subdivision 1. [DEFINITIONS.] As used in this section: 5.15 (a) "Individual" means an individual according to section 5.16 13.02, subdivision 8, but does not include a vendor of services. 5.17 (b) "Program" includes all programs for which authority is 5.18 vested in a component of the welfare system according to statute 5.19 or federal law, including, but not limited to, the aid to 5.20 families with dependent children program formerly codified in 5.21 sections 256.72 to 256.87, Minnesota family investment program, 5.22 temporary assistance for needy families program, medical 5.23 assistance, general assistance, general assistance medical care, 5.24 child care assistance program, and child support collections. 5.25 (c) "Welfare system" includes the Department of Human 5.26 Services, local social services agencies, county welfare 5.27 agencies, private licensing agencies, the public authority 5.28 responsible for child support enforcement, human services 5.29 boards, community mental health center boards, state hospitals, 5.30 state nursing homes, the ombudsman for mental health and mental 5.31 retardation, and persons, agencies, institutions, organizations, 5.32 and other entities under contract to any of the above agencies 5.33 to the extent specified in the contract. 5.34 (d) "Mental health data" means data on individual clients 5.35 and patients of community mental health centers, established 5.36 under section 245.62, mental health divisions of counties and 6.1 other providers under contract to deliver mental health 6.2 services, or the ombudsman for mental health and mental 6.3 retardation. 6.4 (e) "Fugitive felon" means a person who has been convicted 6.5 of a felony and who has escaped from confinement or violated the 6.6 terms of probation or parole for that offense. 6.7 (f) "Private licensing agency" means an agency licensed by 6.8 the commissioner of human services under chapter 245A to perform 6.9 the duties under section 245A.16. 6.10 Sec. 8. Minnesota Statutes 2003 Supplement, section 13.46, 6.11 subdivision 2, is amended to read: 6.12 Subd. 2. [GENERAL.] (a) Unless the data is summary data or 6.13 a statute specifically provides a different classification, data 6.14 on individuals collected, maintained, used, or disseminated by 6.15 the welfare system is private data on individuals, and shall not 6.16 be disclosed except: 6.17 (1) according to section 13.05; 6.18 (2) according to court order; 6.19 (3) according to a statute specifically authorizing access 6.20 to the private data; 6.21 (4) to an agent of the welfare system, including a law 6.22 enforcement person, attorney, or investigator acting for it in 6.23 the investigation or prosecution of a criminal or civil 6.24 proceeding relating to the administration of a program; 6.25 (5) to personnel of the welfare system who require the data 6.26 to verify an individual's identity; determine eligibility, 6.27 amount of assistance, and the need to provide services of6.28 additional programsto thean individual or family across 6.29 programs; evaluate the effectiveness of programs; and 6.30 investigate suspected fraud; 6.31 (6) to administer federal funds or programs; 6.32 (7) between personnel of the welfare system working in the 6.33 same program; 6.34 (8) the amounts of cash public assistance and relief paid6.35 to welfare recipients in this state, includingto the Department 6.36 of Revenue to administer and evaluate tax refund or tax credit 7.1 programs and to identify individuals who may benefit from these 7.2 programs. The following information may be disclosed under this 7.3 paragraph: an individual's and their dependent's names, dates 7.4 of birth, Social Security numbers, income, addresses, and other 7.5 data as required, upon request by the Department of Revenue to7.6 administer the property tax refund law, supplemental housing7.7 allowance, early refund of refundable tax credits, and the7.8 income tax. "Refundable tax credits" meansDisclosures by the 7.9 commissioner of human services for the purposes described in 7.10 this clause are governed by section 270B.14, subdivision 1. Tax 7.11 refund or tax credit programs include, but are not limited to, 7.12 the dependent care credit under section 290.067, the Minnesota 7.13 working family credit under section 290.0671, the property tax 7.14 refund and rental credit under section 290A.04, and , if the7.15 required federal waiver or waivers are granted, the federal7.16 earned income tax credit under section 32 of the Internal7.17 Revenue Codethe Minnesota education credit under section 7.18 290.0674; 7.19 (9) between the Department of Human Services, the 7.20 Department of Education, and the Department of Employment and 7.21 Economic SecurityDevelopment for the purpose of monitoring the 7.22 eligibility of the data subject for unemployment benefits, for 7.23 any employment or training program administered, supervised, or 7.24 certified by that agency, for the purpose of administering any 7.25 rehabilitation program or child care assistance program, whether 7.26 alone or in conjunction with the welfare system, or to monitor 7.27 and evaluate the Minnesota family investment program by 7.28 exchanging data on recipients and former recipients of food 7.29 support, cash assistance under chapter 256, 256D, 256J, or 256K, 7.30 child care assistance under chapter 119B, or medical programs 7.31 under chapter 256B, 256D, or 256L; 7.32 (10) to appropriate parties in connection with an emergency 7.33 if knowledge of the information is necessary to protect the 7.34 health or safety of the individual or other individuals or 7.35 persons; 7.36 (11) data maintained by residential programs as defined in 8.1 section 245A.02 may be disclosed to the protection and advocacy 8.2 system established in this state according to Part C of Public 8.3 Law 98-527 to protect the legal and human rights of persons with 8.4 mental retardation or other related conditions who live in 8.5 residential facilities for these persons if the protection and 8.6 advocacy system receives a complaint by or on behalf of that 8.7 person and the person does not have a legal guardian or the 8.8 state or a designee of the state is the legal guardian of the 8.9 person; 8.10 (12) to the county medical examiner or the county coroner 8.11 for identifying or locating relatives or friends of a deceased 8.12 person; 8.13 (13) data on a child support obligor who makes payments to 8.14 the public agency may be disclosed to the Higher Education 8.15 Services Office to the extent necessary to determine eligibility 8.16 under section 136A.121, subdivision 2, clause (5); 8.17 (14) participant Social Security numbers and names 8.18 collected by the telephone assistance program may be disclosed 8.19 to the Department of Revenue to conduct an electronic data match 8.20 with the property tax refund database to determine eligibility 8.21 under section 237.70, subdivision 4a; 8.22 (15) the current address of a Minnesota family investment 8.23 program participant may be disclosed to law enforcement officers 8.24 who provide the name of the participant and notify the agency 8.25 that: 8.26 (i) the participant: 8.27 (A) is a fugitive felon fleeing to avoid prosecution, or 8.28 custody or confinement after conviction, for a crime or attempt 8.29 to commit a crime that is a felony under the laws of the 8.30 jurisdiction from which the individual is fleeing; or 8.31 (B) is violating a condition of probation or parole imposed 8.32 under state or federal law; 8.33 (ii) the location or apprehension of the felon is within 8.34 the law enforcement officer's official duties; and 8.35 (iii) the request is made in writing and in the proper 8.36 exercise of those duties; 9.1 (16) the current address of a recipient of general 9.2 assistance or general assistance medical care may be disclosed 9.3 to probation officers and corrections agents who are supervising 9.4 the recipient and to law enforcement officers who are 9.5 investigating the recipient in connection with a felony level 9.6 offense; 9.7 (17) information obtained from food support applicant or 9.8 recipient households may be disclosed to local, state, or 9.9 federal law enforcement officials, upon their written request, 9.10 for the purpose of investigating an alleged violation of the 9.11 Food Stamp Act, according to Code of Federal Regulations, title 9.12 7, section 272.1(c); 9.13 (18) the address, Social Security number, and, if 9.14 available, photograph of any member of a household receiving 9.15 food support shall be made available, on request, to a local, 9.16 state, or federal law enforcement officer if the officer 9.17 furnishes the agency with the name of the member and notifies 9.18 the agency that: 9.19 (i) the member: 9.20 (A) is fleeing to avoid prosecution, or custody or 9.21 confinement after conviction, for a crime or attempt to commit a 9.22 crime that is a felony in the jurisdiction the member is 9.23 fleeing; 9.24 (B) is violating a condition of probation or parole imposed 9.25 under state or federal law; or 9.26 (C) has information that is necessary for the officer to 9.27 conduct an official duty related to conduct described in subitem 9.28 (A) or (B); 9.29 (ii) locating or apprehending the member is within the 9.30 officer's official duties; and 9.31 (iii) the request is made in writing and in the proper 9.32 exercise of the officer's official duty; 9.33 (19) the current address of a recipient of Minnesota family 9.34 investment program, general assistance, general assistance 9.35 medical care, or food support may be disclosed to law 9.36 enforcement officers who, in writing, provide the name of the 10.1 recipient and notify the agency that the recipient is a person 10.2 required to register under section 243.166, but is not residing 10.3 at the address at which the recipient is registered under 10.4 section 243.166; 10.5 (20) certain information regarding child support obligors 10.6 who are in arrears may be made public according to section 10.7 518.575; 10.8 (21) data on child support payments made by a child support 10.9 obligor and data on the distribution of those payments excluding 10.10 identifying information on obligees may be disclosed to all 10.11 obligees to whom the obligor owes support, and data on the 10.12 enforcement actions undertaken by the public authority, the 10.13 status of those actions, and data on the income of the obligor 10.14 or obligee may be disclosed to the other party; 10.15 (22) data in the work reporting system may be disclosed 10.16 under section 256.998, subdivision 7; 10.17 (23) to the Department of Education for the purpose of 10.18 matching Department of Education student data with public 10.19 assistance data to determine students eligible for free and 10.20 reduced price meals, meal supplements, and free milk according 10.21 to United States Code, title 42, sections 1758, 1761, 1766, 10.22 1766a, 1772, and 1773; to allocate federal and state funds that 10.23 are distributed based on income of the student's family; and to 10.24 verify receipt of energy assistance for the telephone assistance 10.25 plan; 10.26 (24) the current address and telephone number of program 10.27 recipients and emergency contacts may be released to the 10.28 commissioner of health or a local board of health as defined in 10.29 section 145A.02, subdivision 2, when the commissioner or local 10.30 board of health has reason to believe that a program recipient 10.31 is a disease case, carrier, suspect case, or at risk of illness, 10.32 and the data are necessary to locate the person; 10.33 (25) to other state agencies, statewide systems, and 10.34 political subdivisions of this state, including the attorney 10.35 general, and agencies of other states, interstate information 10.36 networks, federal agencies, and other entities as required by 11.1 federal regulation or law for the administration of the child 11.2 support enforcement program; 11.3 (26) to personnel of public assistance programs as defined 11.4 in section 256.741, for access to the child support system 11.5 database for the purpose of administration, including monitoring 11.6 and evaluation of those public assistance programs; 11.7 (27) to monitor and evaluate the Minnesota family 11.8 investment program by exchanging data between the Departments of 11.9 Human Services and Education, on recipients and former 11.10 recipients of food support, cash assistance under chapter 256, 11.11 256D, 256J, or 256K, child care assistance under chapter 119B, 11.12 or medical programs under chapter 256B, 256D, or 256L; 11.13 (28) to evaluate child support program performance and to 11.14 identify and prevent fraud in the child support program by 11.15 exchanging data between the Department of Human Services, 11.16 Department of Revenue under section 270B.14, subdivision 1, 11.17 paragraphs (a) and (b), without regard to the limitation of use 11.18 in paragraph (c), Department of Health, Department of Economic 11.19 Security, and other state agencies as is reasonably necessary to 11.20 perform these functions; or 11.21 (29) counties operating child care assistance programs 11.22 under chapter 119B may disseminate data on program participants, 11.23 applicants, and providers to the commissioner of education. 11.24 (b) Information on persons who have been treated for drug 11.25 or alcohol abuse may only be disclosed according to the 11.26 requirements of Code of Federal Regulations, title 42, sections 11.27 2.1 to 2.67. 11.28 (c) Data provided to law enforcement agencies under 11.29 paragraph (a), clause (15), (16), (17), or (18), or paragraph 11.30 (b), are investigative data and are confidential or protected 11.31 nonpublic while the investigation is active. The data are 11.32 private after the investigation becomes inactive under section 11.33 13.82, subdivision 5, paragraph (a) or (b). 11.34 (d) Mental health data shall be treated as provided in 11.35 subdivisions 7, 8, and 9, but is not subject to the access 11.36 provisions of subdivision 10, paragraph (b). 12.1 For the purposes of this subdivision, a request will be 12.2 deemed to be made in writing if made through a computer 12.3 interface system. 12.4 Sec. 9. Minnesota Statutes 2002, section 13.46, 12.5 subdivision 7, is amended to read: 12.6 Subd. 7. [MENTAL HEALTH CENTER DATA.] (a) Mental health 12.7 data are private data on individuals and shall not be disclosed, 12.8 except: 12.9 (1) pursuant to section 13.05, as determined by the 12.10 responsible authority for the community mental health center, 12.11 mental health division, or provider; 12.12 (2) pursuant to court order; 12.13 (3) pursuant to a statute specifically authorizing access 12.14 to or disclosure of mental health data or as otherwise provided 12.15 by this subdivision; or 12.16 (4) with the consent of the client or patient. 12.17 (b) An agency of the welfare system may not require an 12.18 individual to consent to the release of mental health data as a 12.19 condition for receiving services or for reimbursing a community 12.20 mental health center, mental health division of a county, or 12.21 provider under contract to deliver mental health services. 12.22 (c) Notwithstanding section 245.69, subdivision 2, 12.23 paragraph (f), or any other law to the contrary, the responsible 12.24 authority for a community mental health center, mental health 12.25 division of a county, or a mental health provider must disclose 12.26 mental health data to a law enforcement agency if the law 12.27 enforcement agency provides the name of a client or patient and 12.28 communicates that the: 12.29 (1) client or patient is currently involved in an emergency 12.30 interaction with the law enforcement agency; and 12.31 (2) data is necessary to protect the health or safety of 12.32 the client or patient or of another person. 12.33 The scope of disclosure under this paragraph is limited to 12.34 the minimum necessary for law enforcement to respond to the 12.35 emergency. Disclosure under this paragraph may include, but is 12.36 not limited to, the name and telephone number of the 13.1 psychiatrist, psychologist, therapist, mental health 13.2 professional, practitioner, or case manager of the client or 13.3 patient. A law enforcement agency that obtains mental health 13.4 data under this paragraph shall maintain a record of the 13.5 requestor, the provider of the information, and the client or 13.6 patient name. Mental health data obtained by a law enforcement 13.7 agency under this paragraph are private data on individuals and 13.8 must not be used by the law enforcement agency for any other 13.9 purpose. A law enforcement agency that obtains mental health 13.10 data under this paragraph shall inform the subject of the data 13.11 that mental health data was obtained. 13.12 (d) In the event of a request under paragraph (a), clause 13.13 (4), a community mental health center, county mental health 13.14 division, or provider must release mental health data to 13.15 Criminal Mental Health Court personnel in advance of receiving a 13.16 copy of a consent if the Criminal Mental Health Court personnel 13.17 communicate that the: 13.18 (1) client or patient is a defendant in a criminal case 13.19 pending in the district court; 13.20 (2) data being requested is limited to information that is 13.21 necessary to assess whether the defendant is eligible for 13.22 participation in the Criminal Mental Health Court; and 13.23 (3) client or patient has consented to the release of the 13.24 mental health data and a copy of the consent will be provided to 13.25 the community mental health center, county mental health 13.26 division, or provider within 72 hours of the release of the data. 13.27 For purposes of this paragraph, "Criminal Mental Health 13.28 Court" refers to a specialty criminal calendar of the Hennepin 13.29 County District Court for defendants with mental illness and 13.30 brain injury where a primary goal of the calendar is to assess 13.31 the treatment needs of the defendants and to incorporate those 13.32 treatment needs into voluntary case disposition plans. The data 13.33 released pursuant to this paragraph may be used for the sole 13.34 purpose of determining whether the person is eligible for 13.35 participation in mental health court. This paragraph does not 13.36 in any way limit or otherwise extend the rights of the court to 14.1 obtain the release of mental health data pursuant to court order 14.2 or any other means allowed by law. 14.3 Sec. 10. Minnesota Statutes 2002, section 13.461, is 14.4 amended by adding a subdivision to read: 14.5 Subd. 28. [CHILD CARE ASSISTANCE PROGRAM.] Data collected, 14.6 maintained, used, or disseminated by the welfare system 14.7 pertaining to persons selected as legal nonlicensed child care 14.8 providers by families receiving child care assistance are 14.9 classified under section 119B.02, subdivision 6. 14.10 Sec. 11. Minnesota Statutes 2002, section 13.47, 14.11 subdivision 4, is amended to read: 14.12 Subd. 4. [DATA PREPARATION.] To produce data required to 14.13 certify the eligibility of training service providers under 14.14 section 268.0122, subdivision 3, clause (7),the Workforce 14.15 Investment Act of 1998, United States Code, title 29, section 14.16 2801, or other studies required by law, the commissioner of 14.17 economic security, in consultation with the governor's Workforce14.18 Development Council,employment and economic development may :14.19 (1)enter into a data exchange agreement with a training 14.20 service provider whereby the commissioner of economic14.21 securityemployment and economic development shall furnish to 14.22 the provider wage information under section 268.044 on 14.23 individuals who have received training services from the 14.24 provider. The provider shall use this wage information to 14.25 prepare summary data determined necessary by the commissioner in14.26 consultation with the governor's Workforce Development Council. 14.27 The provider may use this wage information for conducting 14.28 studies to improve instruction ; or14.29 (2) if there is no agreement under clause (1), require the14.30 training service provider to furnish employment and training14.31 data determined necessary by the commissioner in consultation14.32 with the governor's Workforce Development Council. 14.33 Sec. 12. Minnesota Statutes 2002, section 13.51, 14.34 subdivision 2, is amended to read: 14.35 Subd. 2. [INCOME PROPERTY ASSESSMENT DATA.] The following 14.36 data collected by political subdivisions from individuals or 15.1 business entities concerning income properties are classified as 15.2 private or nonpublic data pursuant to section 13.02, 15.3 subdivisions 9 and 12: 15.4 (a) detailed income and expense figures for the current15.5 year plus the previous three years; 15.6 (b) average vacancy factors for the previous three years; 15.7 (c) verified net rentable areas or net usable areas, 15.8 whichever is appropriate; 15.9 (d) anticipated income and expenses for the current year; 15.10 (e) projected vacancy factor for the current yearfactors; 15.11 and 15.12 (f) lease information. 15.13 Sec. 13. Minnesota Statutes 2002, section 13.51, is 15.14 amended by adding a subdivision to read: 15.15 Subd. 4. [REQUEST FOR LEGAL DISCOVERY OF INCOME PROPERTY 15.16 ASSESSMENT DATA.] Upon request by a party to a responsible 15.17 authority or designee for legal discovery of income property 15.18 assessment data, as defined in subdivision 2, the requesting 15.19 party shall notify the owner of record of the property. 15.20 Sec. 14. Minnesota Statutes 2002, section 13.598, as 15.21 amended by Laws 2003, chapter 128, article 13, section 40, and 15.22 Laws 2003, First Special Session chapter 4, section 1, is 15.23 amended to read: 15.24 13.598 [EMPLOYMENT AND ECONOMIC DEVELOPMENT DATA CODED 15.25 ELSEWHERE.] 15.26 Subdivision 1. [SCOPE.] The sections referred to in 15.27 subdivisions 22a to 612 are codified outside this chapter and 15.28 include classification of employment and economic development 15.29 data as other than public, place restrictions on access to 15.30 government data, or involve data sharing. 15.31 Subd. 2a. [COMMISSIONER OF EMPLOYMENT AND ECONOMIC 15.32 DEVELOPMENT.] Data maintained by the commissioner of employment 15.33 and economic development are classified under sections 268.19 15.34 and 469.154, subdivision 2. 15.35 Subd. 3. [MINNESOTA TECHNOLOGY, INC.] Data on a tape of a 15.36 closed board meeting of Minnesota Technology, Inc. are 16.1 classified under section 116O.03, subdivision 6. Certain data 16.2 disclosed to the board or employees of Minnesota Technology, 16.3 Inc. are classified under section 116O.03, subdivision 7. 16.4 Subd. 4. [AIRCRAFT FACILITIES.] Specified data about an 16.5 airline submitted in connection with state financing of certain 16.6 aircraft maintenance facilities are classified under section 16.7 116R.02, subdivision 3. 16.8 Subd. 5. [MINNESOTA BUSINESS FINANCE, INC.] Various data 16.9 held by Minnesota Business Finance, Inc. are classified under 16.10 section 116S.02, subdivision 8. 16.11 Subd. 6. [LOCAL ECONOMIC DEVELOPMENT DATA.] (a) [ 16.12 PRELIMINARY INFORMATION.] Access to preliminary information 16.13 submitted to the commissioner of employment and economic 16.14 development under sections 469.142 to 469.151 or sections 16.15 469.152 to 469.165 is limited under section 469.154, subdivision 16.16 2. 16.17 (b) [ENTERPRISE ZONES.] Data sharing between the 16.18 commissioner of revenue and the commissioner of employment and 16.19 economic development or a municipality receiving an enterprise 16.20 zone designation is governed by section 469.173, subdivision 5. 16.21 (c) [TAX INCENTIVES.] Disclosure of data by the Department 16.22 of Revenue to determine eligibility for tax incentives available 16.23 under section 272.0212, 469.1732, or 469.1734, is governed by 16.24 section 469.1733, subdivision 1. 16.25 Subd. 7. [PROGRAM DATA.] Program data collected on 16.26 individuals are classified by section 268.0122, subdivision 7. 16.27 Subd. 8. [UNEMPLOYMENT INSURANCE HEARINGS.] Disclosure of 16.28 unemployment insurance hearing data is governed by section 16.29 268.105, subdivision 5. 16.30 Subd. 9. [MINNESOTA YOUTH PROGRAM.] Data on individuals 16.31 under the Minnesota Youth program are classified under section 16.32 268.561, subdivision 7. 16.33 Subd. 10. [EMPLOYMENT AND TRAINING PROGRAMS; DATA 16.34 SHARING.] Data sharing of employment and training program data 16.35 between the commissioner of employment and economic development, 16.36 the commissioner of human services, state agency personnel, and 17.1 other users of the inventory, referral and intake system, is 17.2 governed by section 268.86, subdivision 10. 17.3 Subd. 11. [VOCATIONAL REHABILITATION DATA.] Disclosure of 17.4 data obtained by the Department of Employment and Economic 17.5 Development regarding the vocational rehabilitation of an 17.6 injured or disabled employee is governed by section 268A.05. 17.7 Subd. 12. [EMPLOYER DATA.] The department may disseminate 17.8 an employer's name, address, industry code, and the number of 17.9 employees by ranges of not less than 100 for the purpose of 17.10 assisting individuals using the Minnesota Workforce Center 17.11 system in obtaining employment. 17.12 Sec. 15. Minnesota Statutes 2002, section 13.7931, is 17.13 amended by adding a subdivision to read: 17.14 Subd. 1a. [SPECIFIC LOCATION DATA.] Specific location data 17.15 are classified under section 84.0872. 17.16 Sec. 16. Minnesota Statutes 2002, section 13.82, 17.17 subdivision 5, is amended to read: 17.18 Subd. 5. [DOMESTIC ABUSE DATA.] The written police report 17.19 required by section 629.341, subdivision 4, of an alleged 17.20 incident described in section 629.341, subdivision 1, and arrest 17.21 data, request for service data, and response or incident data 17.22 described in subdivision 2, 3, or 6 that arise out of this type 17.23 of incident or out of an alleged violation of an order for 17.24 protection must be released upon request at no cost to the 17.25 victim of domestic abuse, the victim's attorney, or an 17.26 organization designated by the Minnesota Center for Crime 17.27 Victims Services, the Department of Corrections, or the 17.28 Department of Public Safety as providing services to victims of 17.29 domestic abuse. The executive director or the commissioner of 17.30 the appropriate state agency shall develop written criteria for 17.31 this designation in consultation with the Advisory Council on 17.32 Battered Women and Domestic Abuse. 17.33 [EFFECTIVE DATE.] This section is effective the day 17.34 following final enactment. 17.35 Sec. 17. Minnesota Statutes 2002, section 13.871, is 17.36 amended by adding a subdivision to read: 18.1 Subd. 1a. [MENTAL HEALTH DATA RECEIVED BY LAW 18.2 ENFORCEMENT.] Certain mental health data received by law 18.3 enforcement from health care providers is classified under 18.4 section 144.335, subdivision 3a. 18.5 Sec. 18. Minnesota Statutes 2002, section 13D.05, 18.6 subdivision 3, is amended to read: 18.7 Subd. 3. [WHAT MEETINGS MAY BE CLOSED.] (a) A public body 18.8 may close a meeting to evaluate the performance of an individual 18.9 who is subject to its authority. The public body shall identify 18.10 the individual to be evaluated prior to closing a meeting. At 18.11 its next open meeting, the public body shall summarize its 18.12 conclusions regarding the evaluation. A meeting must be open at 18.13 the request of the individual who is the subject of the meeting. 18.14 (b) Meetings may be closed if the closure is expressly 18.15 authorized by statute or permitted by the attorney-client 18.16 privilege. 18.17 (c) Meetings may be closed to receive security briefings 18.18 and reports, to discuss issues related to security systems, to 18.19 discuss emergency response procedures and to discuss security 18.20 deficiencies in or recommendations regarding public services, 18.21 infrastructure and facilities, if disclosure of the information 18.22 discussed would pose a danger to public safety or compromise 18.23 security procedures or responses. Financial issues related to 18.24 security matters must be discussed and all related financial 18.25 decisions must be made at an open meeting. Before closing a 18.26 meeting under this paragraph, the public body, in describing the 18.27 subject to be discussed, must refer to the facilities, systems, 18.28 procedures, services, or infrastructures to be considered during 18.29 the closed meeting. A closed meeting must be tape recorded at 18.30 the expense of the governing body, and the recording must be 18.31 preserved for at least four years. 18.32 [EFFECTIVE DATE.] This section is effective the day 18.33 following final enactment. 18.34 Sec. 19. Minnesota Statutes 2002, section 38.04, is 18.35 amended to read: 18.36 38.04 [ANNUAL MEETINGS; REPORTS.] 19.1 Every county agricultural society shall hold an annual 19.2 meeting for the election of officers and the transaction of 19.3 other business on or before the third Tuesday in November. 19.4 Service on the county agricultural society board or as an 19.5 officer of the board is not a public office. Elected officials 19.6 of the state or its political subdivisions may serve on the 19.7 board or be elected as officers. 19.8 At the annual meeting, the society's secretary shall make a 19.9 report of its proceedings for the preceding year; this report 19.10 shall contain a statement of all transactions at its fairs, the 19.11 numbers of entries, the amount and source of all money received, 19.12 and the amount paid out for premiums and other purposes, and 19.13 show in detail its entire receipts and expenditures during the 19.14 year. The report must contain a separate accounting of any 19.15 income received from the operation of horse racing on which 19.16 pari-mutuel betting is conducted, and of the disposition of that 19.17 income. 19.18 The treasurer shall make a comprehensive report of the 19.19 funds received, paid out, and on hand, and upon whose order 19.20 paid. Each secretary shall cause a certified copy of the annual 19.21 report to be filed with the county recorder of the county and 19.22 the commissioner of agriculture on or before the first day of 19.23 November each year. Reports of the society are public data 19.24 under chapter 13 and must be made available for inspection by 19.25 any person. 19.26 Sec. 20. Minnesota Statutes 2002, section 45.027, 19.27 subdivision 7a, is amended to read: 19.28 Subd. 7a. [AUTHORIZED DISCLOSURES OF INFORMATION AND 19.29 DATA.] (a) The commissioner may release and disclose any active 19.30 or inactive investigative information and data on licenseesto 19.31 any national securities exchange or national securities 19.32 association registered under the Securities Exchange Act of 1934 19.33 when necessary for the requesting agency in initiating, 19.34 furthering, or completing an investigation. 19.35 (b) The commissioner may release any active or inactive 19.36 investigative data relating to the conduct of the business of 20.1 insurance to the Office of the Comptroller of the Currency or 20.2 the Office of Thrift Supervision in order to facilitate the 20.3 initiation, furtherance, or completion of the investigation. 20.4 Sec. 21. Minnesota Statutes 2002, section 60A.03, 20.5 subdivision 9, is amended to read: 20.6 Subd. 9. [CONFIDENTIALITY OF INFORMATION.] The 20.7 commissioner may not be required to divulge any information 20.8 obtained in the course of the supervision of insurance 20.9 companies, or the examination of insurance companies, including 20.10 examination related correspondence and workpapers, until the 20.11 examination report is finally accepted and issued by the 20.12 commissioner, and then only in the form of the final public 20.13 report of examinations. Nothing contained in this subdivision 20.14 prevents or shall be construed as prohibiting the commissioner 20.15 from disclosing the content of this information to the insurance 20.16 department of another state or, the National Association of 20.17 Insurance Commissioners, or the National Association of 20.18 Securities Dealers if the recipient of the information agrees in 20.19 writing to hold it as nonpublic data as defined in section 20.20 13.02, in a manner consistent with this subdivision. This 20.21 subdivision does not apply to the extent the commissioner is 20.22 required or permitted by law, or ordered by a court of law to 20.23 testify or produce evidence in a civil or criminal proceeding. 20.24 For purposes of this subdivision, a subpoena is not an order of 20.25 a court of law. 20.26 Sec. 22. Minnesota Statutes 2002, section 60A.031, 20.27 subdivision 4, is amended to read: 20.28 Subd. 4. [EXAMINATION REPORT; FOREIGN AND DOMESTIC 20.29 COMPANIES.] (a) The commissioner shall make a full and true 20.30 report of every examination conducted pursuant to this chapter, 20.31 which shall include (1) a statement of findings of fact relating 20.32 to the financial status and other matters ascertained from the 20.33 books, papers, records, documents, and other evidence obtained 20.34 by investigation and examination or ascertained from the 20.35 testimony of officers, agents, or other persons examined under 20.36 oath concerning the business, affairs, assets, obligations, 21.1 ability to fulfill obligations, and compliance with all the 21.2 provisions of the law of the company, applicant, organization, 21.3 or person subject to this chapter and (2) a summary of important 21.4 points noted in the report, conclusions, recommendations and 21.5 suggestions as may reasonably be warranted from the facts so 21.6 ascertained in the examinations. The report of examination 21.7 shall be verified by the oath of the examiner in charge thereof, 21.8 and shall be prima facie evidence in any action or proceedings 21.9 in the name of the state against the company, applicant, 21.10 organization, or person upon the facts stated therein. 21.11 (b) No later than 60 days following completion of the 21.12 examination, the examiner in charge shall file with the 21.13 department a verified written report of examination under oath. 21.14 Upon receipt of the verified report, the department shall 21.15 transmit the report to the company examined, together with a 21.16 notice which provides the company examined with a reasonable 21.17 opportunity of not more than 30 days to make a written 21.18 submission or rebuttal with respect to matters contained in the 21.19 examination report. 21.20 (c) Within 30 days of the end of the period allowed for the 21.21 receipt of written submissions or rebuttals, the commissioner 21.22 shall fully consider and review the report, together with the 21.23 written submissions or rebuttals and the relevant portions of 21.24 the examiner's workpapers and enter an order: 21.25 (1) adopting the examination report as filed or with 21.26 modification or corrections. If the examination report reveals 21.27 that the company is operating in violation of any law, rule, or 21.28 prior order of the commissioner, the commissioner may order the 21.29 company to take any action the commissioner considers necessary 21.30 and appropriate to cure the violation; 21.31 (2) rejecting the examination report with directions to the 21.32 examiners to reopen the examination for purposes of obtaining 21.33 additional data, documentation, or information, and refiling the 21.34 report as required under paragraph (b); or 21.35 (3) calling for an investigatory hearing with no less than 21.36 20 days' notice to the company for purposes of obtaining 22.1 additional documentation, data, information, and testimony. 22.2 (d)(1) All orders entered under paragraph (c), clause (1), 22.3 must be accompanied by findings and conclusions resulting from 22.4 the commissioner's consideration and review of the examination 22.5 report, relevant examiner workpapers, and any written 22.6 submissions or rebuttals. The order is a final administrative 22.7 decision and may be appealed as provided under chapter 14. The 22.8 order must be served upon the company by certified mail, 22.9 together with a copy of the adopted examination report. Within 22.10 30 days of the issuance of the adopted report, the company shall 22.11 file affidavits executed by each of its directors stating under 22.12 oath that they have received a copy of the adopted report and 22.13 related orders. 22.14 (2) A hearing conducted under paragraph (c), clause (3), by 22.15 the commissioner or authorized representative, must be conducted 22.16 as a nonadversarial confidential investigatory proceeding as 22.17 necessary for the resolution of inconsistencies, discrepancies, 22.18 or disputed issues apparent upon the face of the filed 22.19 examination report or raised by or as a result of the 22.20 commissioner's review of relevant workpapers or by the written 22.21 submission or rebuttal of the company. Within 20 days of the 22.22 conclusion of the hearing, the commissioner shall enter an order 22.23 as required under paragraph (c), clause (1). 22.24 (3) The commissioner shall not appoint an examiner as an 22.25 authorized representative to conduct the hearing. The hearing 22.26 must proceed expeditiously. Discovery by the company is limited 22.27 to the examiner's workpapers which tend to substantiate 22.28 assertions in a written submission or rebuttal. The 22.29 commissioner or the commissioner's representative may issue 22.30 subpoenas for the attendance of witnesses or the production of 22.31 documents considered relevant to the investigation whether under 22.32 the control of the department, the company, or other persons. 22.33 The documents produced must be included in the record. 22.34 Testimony taken by the commissioner or the commissioner's 22.35 representative must be under oath and preserved for the record. 22.36 This section does not require the department to disclose 23.1 information or records which would indicate or show the 23.2 existence or content of an investigation or activity of a 23.3 criminal justice agency. 23.4 (4) The hearing must proceed with the commissioner or the 23.5 commissioner's representative posing questions to the persons 23.6 subpoenaed. Thereafter, the company and the department may 23.7 present testimony relevant to the investigation. 23.8 Cross-examination may be conducted only by the commissioner or 23.9 the commissioner's representative. The company and the 23.10 department shall be permitted to make closing statements and may 23.11 be represented by counsel of their choice. 23.12 (e)(1) Upon the adoption of the examination report under 23.13 paragraph (c), clause (1), the commissioner shall continue to 23.14 hold the content of the examination report as private and 23.15 confidential information for a period of 30 days except as 23.16 otherwise provided in paragraph (b). Thereafter, the 23.17 commissioner may open the report for public inspection if a 23.18 court of competent jurisdiction has not stayed its publication. 23.19 (2) Nothing contained in this subdivision prevents or shall 23.20 be construed as prohibiting the commissioner from disclosing the 23.21 content of an examination report, preliminary examination report 23.22 or results, or any matter relating to the reports, to the 23.23 Commerce Department or the insurance department of another state 23.24 or country, or to law enforcement officials of this or another 23.25 state or agency of the federal government at any time, if the 23.26 agency or office receiving the report or matters relating to the 23.27 report agrees in writing to hold it confidential and in a manner 23.28 consistent with this subdivision. 23.29 (3) If the commissioner determines that regulatory action 23.30 is appropriate as a result of an examination, the commissioner 23.31 may initiate proceedings or actions as provided by law. 23.32 (f) All working papers, recorded information, documents and 23.33 copies thereof produced by, obtained by, or disclosed to the 23.34 commissioner or any other person in the course of an examination 23.35 made under this subdivision must be given confidential treatment 23.36 and are not subject to subpoena and may not be made public by 24.1 the commissioner or any other person, except to the extent 24.2 provided in paragraph (e). Access may also be granted to the 24.3 National Association of Insurance Commissioners and the National 24.4 Association of Securities Dealers. The parties must agree in 24.5 writing prior to receiving the information to provide to it the 24.6 same confidential treatment as required by this section, unless 24.7 the prior written consent of the company to which it pertains 24.8 has been obtained. 24.9 Sec. 23. [84.0872] [SPECIFIC LOCATION DATA.] 24.10 Subdivision 1. [DEFINITION; GENERAL CLASSIFICATION.] As 24.11 used in this section, "specific location data" means data that 24.12 would enable persons to locate the protected wild animal or 24.13 endangered, threatened, or special concern plant or animal 24.14 identified by the data. Specific location data are public data 24.15 unless otherwise classified in this section. 24.16 Subd. 2. [NONPUBLIC DATA.] Specific location data procured 24.17 by the Department of Natural Resources that identify protected 24.18 wild animals, as defined under section 97A.015, subdivision 39, 24.19 or species that are designated endangered, threatened, or of 24.20 special concern under section 84.0895, subdivision 3, are 24.21 nonpublic data if disclosure is likely to: 24.22 (1) hinder management, propagation, or research; 24.23 (2) facilitate unfair chase or illegal taking, transport, 24.24 or sale; or 24.25 (3) decrease the likelihood of establishing a protected 24.26 wild animal or bringing an endangered, threatened, or special 24.27 concern species to a point at which it is no longer endangered, 24.28 threatened, or of special concern. 24.29 If a request for access to specific location data is denied 24.30 under this subdivision, the commissioner must provide the 24.31 requestor with a written explanation of the reason for the 24.32 denial. 24.33 Subd. 3. [DISCLOSURE.] The commissioner may disclose data 24.34 classified as nonpublic under subdivision 2 to a person, an 24.35 agency, or the public if the commissioner determines that the 24.36 disclosure will promote public benefit by: 25.1 (1) aiding the environmental review process; 25.2 (2) aiding research, education, or conservation planning; 25.3 or 25.4 (3) providing information to landowners about locations 25.5 occurring on the landowners' property, if provision of the 25.6 information will promote protection of the resource. 25.7 Sec. 24. Minnesota Statutes 2002, section 119B.02, 25.8 subdivision 6, is amended to read: 25.9 Subd. 6. [DATA.] Data on individuals collected by the25.10 commissioner for purposes of administering this chapter are25.11 private data on individuals as defined in section 13.02.Data 25.12 collected, maintained, used, or disseminated by the welfare 25.13 system pertaining to persons selected as legal nonlicensed child 25.14 care providers by families receiving child care assistance shall 25.15 be treated as licensing data as provided in section 13.46, 25.16 subdivision 4. 25.17 Sec. 25. Minnesota Statutes 2002, section 144.2215, is 25.18 amended to read: 25.19 144.2215 [MINNESOTA BIRTH DEFECTS REGISTRYINFORMATION 25.20 SYSTEM.] 25.21 Subdivision 1. [ESTABLISHMENT.] The commissioner of health 25.22 shall develop a statewide birth defects registry system to25.23 provide for the collection, analysis, and dissemination of birth25.24 defects informationestablish and maintain an information system 25.25 containing data on the cause, treatment, prevention, and cure of 25.26 major birth defects. The commissioner shall consult with 25.27 representatives and experts in epidemiology, medicine, 25.28 insurance, health maintenance organizations, genetics, 25.29 consumers, and voluntary organizations in developing the system 25.30 and may phase in the implementation of the system. 25.31 Subd. 2. [DUTIES OF COMMISSIONER.] The commissioner of 25.32 health shall design a system that allows the commissioner to: 25.33 (1) monitor incidence trends of birth defects to detect 25.34 potential public health problems, predict risks, and assist in 25.35 responding to birth defects clusters; 25.36 (2) more accurately target intervention, prevention, and 26.1 services for communities, patients, and their families; 26.2 (3) inform health professionals and citizens of the 26.3 prevalence of and risks for birth defects; 26.4 (4) conduct scientific investigation and surveys of the 26.5 causes, mortality, methods of treatment, prevention, and cure 26.6 for birth defects; 26.7 (5) modify, as necessary, the birth defects information 26.8 system through demonstration projects; 26.9 (6) remove identifying information about a child whose 26.10 parent or legal guardian has chosen not to participate in the 26.11 system as permitted by section 144.2216, subdivision 4; 26.12 (7) protect the individually identifiable information as 26.13 required by section 144.2217; 26.14 (8) limit the dissemination of identifying information as 26.15 required by sections 144.2218 and 144.2219; and 26.16 (9) use the birth defects coding scheme defined by the 26.17 Centers for Disease Control and Prevention (CDC) of the United 26.18 States Public Health Service. 26.19 [EFFECTIVE DATE.] This section is effective upon receipt of 26.20 a federal grant to establish a birth defects information system. 26.21 Sec. 26. [144.2216] [BIRTH DEFECTS RECORDS AND REPORTS 26.22 REQUIRED.] 26.23 Subdivision 1. [HOSPITALS AND SIMILAR INSTITUTIONS.] With 26.24 the informed consent of a parent or guardian, as provided in 26.25 subdivision 4, a hospital, medical clinic, medical laboratory, 26.26 or other institution for the hospitalization, clinical or 26.27 laboratory diagnosis, or care of human beings shall provide the 26.28 commissioner of health with access to information on each birth 26.29 defect case in the manner and at the times that the commissioner 26.30 designates. 26.31 Subd. 2. [OTHER INFORMATION REPOSITORIES.] With the 26.32 informed consent of a parent or guardian, as provided in 26.33 subdivision 4, other repositories of information on the 26.34 diagnosis or care of infants may provide the commissioner with 26.35 access to information on each case of birth defects in the 26.36 manner and at the times that the commissioner designates. 27.1 Subd. 3. [REPORTING WITHOUT LIABILITY.] Furnishing 27.2 information in good faith in compliance with this section does 27.3 not subject the person, hospital, medical clinic, medical 27.4 laboratory, data repository, or other institution furnishing the 27.5 information to any action for damages or relief. 27.6 Subd. 4. [OPT OUT.] A parent or legal guardian must be 27.7 informed by the commissioner at the time of the initial data 27.8 collection that they may request removal at any time of personal 27.9 identifying information concerning a child from the birth 27.10 defects information system using a written form prescribed by 27.11 the commissioner. The commissioner shall advise parents or 27.12 legal guardians of infants: 27.13 (1) that the information on birth defects may be retained 27.14 by the Department of Health; 27.15 (2) the benefit of retaining birth defects records; 27.16 (3) that they may elect to have the birth defects 27.17 information collected once, within one year of birth, but to 27.18 require that all personally identifying information be destroyed 27.19 immediately upon the commissioner receiving the information. 27.20 If the parents of an infant object in writing to the maintaining 27.21 of birth defects information, the objection or election shall be 27.22 recorded on a form that is signed by a parent or legal guardian 27.23 and submitted to the commissioner of health; and 27.24 (4) that if the parent or legal guardian chooses to 27.25 opt-out, the commissioner will not be able to inform the parent 27.26 or legal guardian of a child of information related to the 27.27 prevention, treatment, or cause of a particular birth defect. 27.28 [EFFECTIVE DATE.] This section is effective upon receipt of 27.29 a federal grant to establish a birth defects information system. 27.30 Sec. 27. [144.2217] [CLASSIFICATION OF BIRTH DEFECTS 27.31 INFORMATION.] 27.32 Information collected on individuals for the birth defects 27.33 information system are private data on individuals as defined in 27.34 section 13.02, subdivision 12, and may only be used for the 27.35 purposes in sections 144.2215 to 144.2219. Any disclosure other 27.36 than one provided for in sections 144.2215 to 144.2219 is a 28.1 misdemeanor. 28.2 [EFFECTIVE DATE.] This section is effective upon receipt of 28.3 a federal grant to establish a birth defects information system. 28.4 Sec. 28. [144.2218] [TRANSFERS OF INFORMATION TO OTHER 28.5 GOVERNMENT AGENCIES.] 28.6 Information collected by the birth defects information 28.7 system may be disseminated to a state or local government agency 28.8 in Minnesota or another state solely for purposes consistent 28.9 with sections 144.2215 to 144.2219, provided that the state or 28.10 local government agency agrees to maintain the classification of 28.11 the information as provided under section 144.2217. Information 28.12 collected by other states consistent with sections 144.2215 to 28.13 144.2219 may be received by the commissioner of health and must 28.14 be maintained according to section 144.2217. 28.15 [EFFECTIVE DATE.] This section is effective upon receipt of 28.16 a federal grant to establish a birth defects information system. 28.17 Sec. 29. [144.2219] [TRANSFERS OF INFORMATION TO RESEARCH 28.18 ENTITIES.] 28.19 Information from the birth defects information system that 28.20 does not contain identifying information may be shared with 28.21 research entities upon request for studies approved by the 28.22 commissioner and appropriate institutional review boards. For 28.23 studies approved by the commissioner that require identifying 28.24 information about a child or a parent or legal guardian of the 28.25 child, the commissioner shall contact the parent or legal 28.26 guardian to obtain informed consent to share identifying 28.27 information with the research entity. Notwithstanding section 28.28 144.335, subdivision 3a, paragraph (d), the parent or legal 28.29 guardian must provide informed consent before the information 28.30 may be shared. The commissioner must collect all reasonable 28.31 costs of locating and obtaining consent from the research entity. 28.32 [EFFECTIVE DATE.] This section is effective upon receipt of 28.33 a federal grant to establish a birth defects information system. 28.34 Sec. 30. Minnesota Statutes 2002, section 144.335, 28.35 subdivision 3a, is amended to read: 28.36 Subd. 3a. [PATIENT CONSENT TO RELEASE OF RECORDS; 29.1 LIABILITY.] (a) A provider, or a person who receives health 29.2 records from a provider, may not release a patient's health 29.3 records to a person without a signed and dated consent from the 29.4 patient or the patient's legally authorized representative 29.5 authorizing the release, unless the release is specifically 29.6 authorized by law. Except as provided in paragraph (c) or (d), 29.7 a consent is valid for one year or for a lesser period specified 29.8 in the consent or for a different period provided by law. 29.9 (b) This subdivision does not prohibit the release of 29.10 health records: 29.11 (1) for a medical emergency when the provider is unable to 29.12 obtain the patient's consent due to the patient's condition or 29.13 the nature of the medical emergency; or 29.14 (2) to other providers within related health care entities 29.15 when necessary for the current treatment of the patient. 29.16 (c) Notwithstanding paragraph (a), if a patient explicitly 29.17 gives informed consent to the release of health records for the 29.18 purposes and pursuant to the restrictions in clauses (1) and 29.19 (2), the consent does not expire after one year for: 29.20 (1) the release of health records to a provider who is 29.21 being advised or consulted with in connection with the current 29.22 treatment of the patient; 29.23 (2) the release of health records to an accident and health 29.24 insurer, health service plan corporation, health maintenance 29.25 organization, or third-party administrator for purposes of 29.26 payment of claims, fraud investigation, or quality of care 29.27 review and studies, provided that: 29.28 (i) the use or release of the records complies with 29.29 sections 72A.49 to 72A.505; 29.30 (ii) further use or release of the records in individually 29.31 identifiable form to a person other than the patient without the 29.32 patient's consent is prohibited; and 29.33 (iii) the recipient establishes adequate safeguards to 29.34 protect the records from unauthorized disclosure, including a 29.35 procedure for removal or destruction of information that 29.36 identifies the patient. 30.1 (d) Notwithstanding paragraph (a), health records may be 30.2 released to an external researcher solely for purposes of 30.3 medical or scientific research only as follows: 30.4 (1) health records generated before January 1, 1997, may be 30.5 released if the patient has not objected or does not elect to 30.6 object after that date; 30.7 (2) for health records generated on or after January 1, 30.8 1997, the provider must: 30.9 (i) disclose in writing to patients currently being treated 30.10 by the provider that health records, regardless of when 30.11 generated, may be released and that the patient may object, in 30.12 which case the records will not be released; and 30.13 (ii) use reasonable efforts to obtain the patient's written 30.14 general authorization that describes the release of records in 30.15 item (i), which does not expire but may be revoked or limited in 30.16 writing at any time by the patient or the patient's authorized 30.17 representative; 30.18 (3) authorization may be established if an authorization is 30.19 mailed at least two times to the patient's last known address 30.20 with a postage prepaid return envelope and a conspicuous notice 30.21 that the patient's medical records may be released if the 30.22 patient does not object, and at least 60 days have expired since 30.23 the second notice was sent; and the provider must advise the 30.24 patient of the rights specified in clause (4); and 30.25 (4) the provider must, at the request of the patient, 30.26 provide information on how the patient may contact an external 30.27 researcher to whom the health record was released and the date 30.28 it was released. 30.29 In making a release for research purposes the provider 30.30 shall make a reasonable effort to determine that: 30.31 (i) the use or disclosure does not violate any limitations 30.32 under which the record was collected; 30.33 (ii) the use or disclosure in individually identifiable 30.34 form is necessary to accomplish the research or statistical 30.35 purpose for which the use or disclosure is to be made; 30.36 (iii) the recipient has established and maintains adequate 31.1 safeguards to protect the records from unauthorized disclosure, 31.2 including a procedure for removal or destruction of information 31.3 that identifies the patient; and 31.4 (iv) further use or release of the records in individually 31.5 identifiable form to a person other than the patient without the 31.6 patient's consent is prohibited. 31.7 (e) A person who negligently or intentionally releases a 31.8 health record in violation of this subdivision, or who forges a 31.9 signature on a consent form, or who obtains under false 31.10 pretenses the consent form or health records of another person, 31.11 or who, without the person's consent, alters a consent form, is 31.12 liable to the patient for compensatory damages caused by an 31.13 unauthorized release, plus costs and reasonable attorney's fees. 31.14 (f) Upon the written request of a spouse, parent, child, or 31.15 sibling of a patient being evaluated for or diagnosed with 31.16 mental illness, a provider shall inquire of a patient whether 31.17 the patient wishes to authorize a specific individual to receive 31.18 information regarding the patient's current and proposed course 31.19 of treatment. If the patient so authorizes, the provider shall 31.20 communicate to the designated individual the patient's current 31.21 and proposed course of treatment. Paragraph (a) applies to 31.22 consents given under this paragraph. 31.23 (g) Notwithstanding paragraph (a), a provider must disclose 31.24 health records relating to a patient's mental health to a law 31.25 enforcement agency if the law enforcement agency provides the 31.26 name of the patient and communicates that the: 31.27 (1) patient is currently involved in an emergency 31.28 interaction with the law enforcement agency; and 31.29 (2) disclosure of the records is necessary to protect the 31.30 health or safety of the patient or of another person. 31.31 The scope of disclosure under this paragraph is limited to 31.32 the minimum necessary for law enforcement to respond to the 31.33 emergency. A law enforcement agency that obtains health records 31.34 under this paragraph shall maintain a record of the requestor, 31.35 the provider of the information, and the patient's name. Health 31.36 records obtained by a law enforcement agency under this 32.1 paragraph are private data on individuals as defined in section 32.2 13.02 and must not be used by law enforcement for any other 32.3 purpose. 32.4 (h) In cases where a provider releases health records 32.5 without patient consent as authorized by law, the release must 32.6 be documented in the patient's health record. In the case of a 32.7 release under paragraph (g), the documentation must include the 32.8 date and circumstances under which the release was made, the 32.9 person or agency to whom the release was made, and the records 32.10 that were released. 32.11 Sec. 31. Minnesota Statutes 2003 Supplement, section 32.12 268.19, subdivision 1, is amended to read: 32.13 Subdivision 1. [USE OF DATA.] (a) Except as otherwise 32.14 provided by this section, data gathered from any employer or32.15 individualperson pursuant to the administration of the 32.16 Minnesota Unemployment Insurance Law are private data on 32.17 individuals or nonpublic data not on individuals as defined in 32.18 section 13.02, subdivisions 9 and 12, and may not be disclosed 32.19 except pursuant to a court order or section 13.05. A subpoena 32.20 shall not be considered a court order. These data may be 32.21 disseminated to and used by the following agencies without the 32.22 consent of the subject of the data: 32.23 (1) state and federal agencies specifically authorized 32.24 access to the data by state or federal law; 32.25 (2) any agency of Minnesota orany other state ;or any 32.26 federal agency charged with the administration of an employment32.27 security law orunemployment insurance program; 32.28 (3) any agency responsible for the maintenance of a system 32.29 of public employment offices for the purpose of assisting 32.30 individuals in obtaining employment; 32.31 (3)(4) human rights agencies within Minnesota that have 32.32 enforcement powers; 32.33 (4)(5) the Department of Revenue must have access to32.34 department private data on individuals and nonpublic data not on32.35 individualsonly to the extent necessary for enforcement ofits 32.36 duties under Minnesota taxlaws; 33.1 (5)(6) public and private agencies responsible for 33.2 administering publicly financed assistance programs for the 33.3 purpose of monitoring the eligibility of the program's 33.4 recipients; 33.5 (6)(7) the Department of Labor and Industry on an 33.6 interchangeable basis with the department subject to the33.7 following limitations and regardless of any law to the contrary:33.8 (i) the department must have access to private data on33.9 individuals and nonpublic data not on individuals for uses33.10 consistent with the administration of its duties under the33.11 Minnesota Unemployment Insurance Law; and33.12 (ii) the Department of Labor and Industry must have access33.13 to private data on individuals and nonpublic data not on33.14 individualsfor uses consistent with the administration of its 33.15 duties under Minnesota law; 33.16 (7) the Department of Employment and Economic Development33.17 may have access to private data on individual employers and33.18 nonpublic data not on individual employers for its internal use33.19 only; when received by the Department of Employment and Economic33.20 Development, the data remain private data on individuals or33.21 nonpublic data;33.22 (8) local and state welfare agencies for monitoring the 33.23 eligibility of the data subject for assistance programs, or for 33.24 any employment or training program administered by those 33.25 agencies, whether alone, in combination with another welfare 33.26 agency, or in conjunction with the department or to monitor and 33.27 evaluate the statewide Minnesota family investment program by 33.28 providing data on recipients and former recipients of food 33.29 stamps or food support, cash assistance under chapter 256, 256D, 33.30 256J, or 256K, child care assistance under chapter 119B, or 33.31 medical programs under chapter 256B, 256D, or 256L; 33.32 (9) local, state, and federal law enforcement agencies for 33.33 the sole purpose of ascertaining the last known address and 33.34 employment location of the data subject, provided the data33.35 subjecta person who is the subject of a criminal investigation; 33.36 (10) the federal Immigration and Naturalization Service 34.1 shall have access to data on specific individuals and specific 34.2 employers provided the specific individual or specific employer 34.3 is the subject of an investigation by that agency; and 34.4 (11) the Department of Health may have access to private34.5 data on individuals and nonpublic data not on individualssolely 34.6 for the purposes of epidemiologic investigations. 34.7 (b) Data on individuals and employers that are collected, 34.8 maintained, or used by the department in an investigation 34.9 pursuant to section 268.182 are confidential as to data on 34.10 individuals and protected nonpublic data not on individuals as 34.11 defined in section 13.02, subdivisions 3 and 13, and must not be 34.12 disclosed except pursuant to statute or court order or to a 34.13 party named in a criminal proceeding, administrative or 34.14 judicial, for preparation of a defense. 34.15 (c) Tape recordings and transcripts of recordings of34.16 proceedings conducted in accordance with section 268.105 and34.17 exhibits received into evidence at those proceedings are private34.18 data on individuals and nonpublic data not on individuals and34.19 must be disclosed only pursuant to the administration of section34.20 268.105, or pursuant to a court order.34.21 (d) The department may disseminate an employer's name,34.22 address, industry code, occupations employed, and the number of34.23 employees by ranges of not less than 100 for the purpose of34.24 assisting individuals using the Minnesota Workforce Center34.25 system in obtaining employment.34.26 (e) The general aptitude test battery and the nonverbal34.27 aptitude test battery as administered by the department are34.28 private data on individuals or nonpublic data.34.29 (f)Data gathered by the department pursuant to the 34.30 administration of the Minnesota unemployment insurance program 34.31 and the job service must not be made the subject or the basis 34.32 for any suit in any civil proceedings, administrative or 34.33 judicial, unless the action is initiated by the department. 34.34 Sec. 32. Minnesota Statutes 2003 Supplement, section 34.35 268.19, subdivision 2, is amended to read: 34.36 Subd. 2. [EMPLOYER INFORMATION; ABSOLUTE PRIVILEGE.] (a) 35.1 Regardless of any provision of law to the contrary, an employer 35.2 may provide the commissioner with information on an applicant so 35.3 that the commissioner can determine an applicant's entitlement 35.4 to unemployment benefits under the Minnesota Unemployment 35.5 Insurance Law. 35.6 (b) The commissioner may disseminate an employer's name and 35.7 address and the name and address of any employer's unemployment 35.8 insurance processing agent in order to administer the Minnesota 35.9 Unemployment Insurance Program. 35.10 (c) Information obtained pursuant to the Minnesota 35.11 Unemployment Insurance Law, in order to determine an applicant's 35.12 entitlement to unemployment benefits, shall be absolutely 35.13 privileged and shall not be made the subject matter or the basis 35.14 for any civil proceeding, administrative, or judicial. 35.15 Sec. 33. Minnesota Statutes 2002, section 270B.01, 35.16 subdivision 8, is amended to read: 35.17 Subd. 8. [MINNESOTA TAX LAWS.] For purposes of this 35.18 chapter only, unless expressly stated otherwise, "Minnesota tax 35.19 laws" means: 35.20 (1) the taxes, refunds, and fees administered by or paid to 35.21 the commissioner under chapters 115B (except taxes imposed under 35.22 sections 115B.21 to 115B.24), 289A (except taxes imposed under 35.23 sections 298.01, 298.015, and 298.24), 290, 290A, 291, 295, 35.24 297A, and 297H, or any similar Indian tribal tax administered by 35.25 the commissioner pursuant to any tax agreement between the state 35.26 and the Indian tribal government, and includes any laws for the 35.27 assessment, collection, and enforcement of those taxes, refunds, 35.28 and fees; and 35.29 (2) section 273.1315. 35.30 [EFFECTIVE DATE.] This section is effective the day 35.31 following final enactment. 35.32 Sec. 34. Minnesota Statutes 2002, section 270B.12, 35.33 subdivision 9, is amended to read: 35.34 Subd. 9. [COUNTY ASSESSORS; HOMESTEAD APPLICATION, 35.35 DETERMINATION, AND INCOME TAX STATUS.] (a) If, as a result of an 35.36 audit, the commissioner determines that a person is a Minnesota 36.1 nonresident or part-year resident for income tax purposes, the 36.2 commissioner may disclose the person's name, address, and Social 36.3 Security number to the assessor of any political subdivision in 36.4 the state, when there is reason to believe that the person may 36.5 have claimed or received homestead property tax benefits for a 36.6 corresponding assessment year in regard to property apparently 36.7 located in the assessor's jurisdiction. 36.8 (b) To the extent permitted by section 273.124, subdivision 36.9 1, paragraph (a), the Department of Revenue may verify to a 36.10 county assessor whether an individual who is requesting or 36.11 receiving a homestead classification has filed a Minnesota 36.12 income tax return as a resident for the most recent taxable year 36.13 for which the information is available. 36.14 [EFFECTIVE DATE.] This section is effective the day 36.15 following final enactment. 36.16 Sec. 35. Minnesota Statutes 2003 Supplement, section 36.17 270B.12, subdivision 13, is amended to read: 36.18 Subd. 13. [COUNTY ASSESSORS; CLASS 1B HOMESTEADS.] The 36.19 commissioner may disclose to a county assessor, and to the 36.20 assessor's designated agents or employees, a listing of parcels 36.21 of property qualifying for the class 1b property tax 36.22 classification under section 273.13, subdivision 22, and the 36.23 names and addresses of qualified applicants. 36.24 [EFFECTIVE DATE.] This section is effective the day 36.25 following final enactment. 36.26 Sec. 36. Minnesota Statutes 2002, section 270B.14, 36.27 subdivision 2, is amended to read: 36.28 Subd. 2. [DISCLOSURE TO DEPARTMENT OF EMPLOYMENT AND 36.29 ECONOMIC SECURITYDEVELOPMENT.] (a) Data relating to individuals 36.30 are treated as follows: 36.31 (1) Return information may be disclosed to the Department 36.32 of Employment and Economic SecurityDevelopment to the extent 36.33 provided in clause (2) and for the purposes provided in clause 36.34 (3). 36.35 (2) The data that may be disclosed is limited to the amount 36.36 of gross income earned by an individual, the total amounts of 37.1 earnings from each employer, and the employer's name. 37.2 (3) Data may be requested pertaining only to individuals 37.3 who have claimed benefits under sections 268.03 to 268.23 and 37.4 only if the individuals are the subject of investigations based 37.5 on other information available to the Department of Employment 37.6 and Economic SecurityDevelopment. Data received may be used 37.7 only as set forth in section 268.19, clause (d)subdivision 1, 37.8 paragraph (b). 37.9 (b) Data pertaining to corporations or other employing 37.10 units may be disclosed to the Department of Employment and 37.11 Economic SecurityDevelopment to the extent necessary for the 37.12 proper enforcement of chapter 268. 37.13 Sec. 37. Minnesota Statutes 2002, section 629.341, 37.14 subdivision 4, is amended to read: 37.15 Subd. 4. [REPORT REQUIRED.] Whenever a peace officer 37.16 investigates an allegation that an incident described in 37.17 subdivision 1 has occurred, whether or not an arrest is made, 37.18 the officer shall make a written police report of the alleged 37.19 incident. The report must contain at least the following 37.20 information: the name, address and telephone number of the 37.21 victim, if provided by the victim, a statement as to whether an 37.22 arrest occurred, the name of the arrested person, and a brief 37.23 summary of the incident. Data that identify a victim who has 37.24 made a request under section 13.82, subdivision 17, paragraph 37.25 (d), and that are private data under that subdivision, shall be 37.26 private in the report required by this section. A copy of this 37.27 report must be provided upon request, at no cost, to the victim 37.28 of domestic abuse, the victim's attorney, or organizations 37.29 designated by the Minnesota Crime Victims Services Center, the 37.30 Department of Public Safety, or the commissioner of corrections 37.31 that are providing services to victims of domestic abuse. The 37.32 officer shall submit the report to the officer's supervisor or 37.33 other person to whom the employer's rules or policies require 37.34 reports of similar allegations of criminal activity to be made. 37.35 [EFFECTIVE DATE.] This section is effective the day 37.36 following final enactment. 38.1 Sec. 38. Laws 2002, chapter 266, section 1, is amended to 38.2 read: 38.3 Section 1. [DOMESTIC FATALITY REVIEW TEAM PILOT PROJECT 38.4 EXTENSION.] 38.5 The fourth judicial district may extend the duration of the 38.6 pilot project authorized by Laws 1999, chapter 216, article 2, 38.7 section 27, and Laws 2000, chapter 468, sections 29 to 32, until 38.8 December 31, 20042006. If the pilot project is extended, the 38.9 domestic fatality review team shall submit a report on the 38.10 project to the legislature by January 15, 20052007. 38.11 Sec. 39. [REPEALER.] 38.12 Minnesota Statutes 2002, sections 13.319, subdivision 7; 38.13 and 13.475, are repealed.