as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 03/22/1999 |
1.1 A bill for an act 1.2 relating to government data; clarifying and providing 1.3 for data classifications; simplifying terminology for 1.4 data classifications; amending Minnesota Statutes 1.5 1998, sections 3.97, subdivision 11; 6.715, 1.6 subdivision 2; 10A.02, subdivision 12; 13.02, 1.7 subdivisions 3, 12, 14, and by adding subdivisions; 1.8 13.03; 13.04; 13.05, subdivisions 1, 4, 6, 8, and 9; 1.9 13.06; 13.072; 13.073, subdivisions 3 and 4; 13.08; 1.10 13.10, subdivisions 2 and 3; 13.30; 13.31; 13.32, 1.11 subdivision 1; 13.34; 13.35; 13.36; 13.37, subdivision 1.12 2; 13.39; 13.392, subdivision 1; 13.40, subdivisions 1 1.13 and 3; 13.41, subdivisions 2, 2a, 3, and 4; 13.42, 1.14 subdivision 2; 13.43; 13.44; 13.45; 13.46, 1.15 subdivisions 2, 3, 4, 8, 10, and 11; 13.48; 13.50; 1.16 13.51; 13.511; 13.52; 13.521; 13.53; 13.531; 13.54, 1.17 subdivisions 2 and 4; 13.55, subdivisions 1 and 2; 1.18 13.551; 13.57; 13.59; 13.61; 13.62; 13.621; 13.622; 1.19 13.64; 13.643, subdivision 1; 13.645; 13.646, 1.20 subdivision 2; 13.65, subdivisions 2 and 3; 13.66; 1.21 13.67; 13.671; 13.68; 13.69, subdivision 1; 13.71; 1.22 13.72; 13.74; 13.75; 13.76, subdivisions 1 and 2; 1.23 13.761; 13.77, subdivision 1; 13.78; 13.79; 13.793; 1.24 13.80; 13.82, subdivisions 5, 5b, 5d, 5e, 8, 12, 13, 1.25 14, 15, and 16; 13.83, subdivisions 4, 7, 8, and 9; 1.26 13.84, subdivisions 2 and 3; 13.85, subdivisions 2 and 1.27 3; 13.86, subdivision 2; 13.87, subdivision 2; 13.88; 1.28 16A.672, subdivision 11; 16D.06, subdivision 2; 1.29 17.117, subdivision 12; 17.498; 17.694, subdivision 1; 1.30 18B.38, subdivision 2; 27.04, subdivision 2; 31A.27, 1.31 subdivision 3; 32.19; 32.71, subdivision 2; 41B.211, 1.32 subdivision 2; 44A.08, subdivision 2; 45.012; 46.041, 1.33 subdivision 1; 46.07, subdivisions 2 and 3; 47.66; 1.34 53A.081, subdivision 4; 60A.03, subdivision 9; 1.35 60A.031, subdivision 4; 60A.135, subdivision 4; 1.36 60A.208, subdivision 7; 60A.67, subdivision 1; 60A.93; 1.37 60A.968, subdivision 2; 60B.14, subdivision 3; 60C.14, 1.38 subdivision 2; 60D.22; 60K.10; 62C.17, subdivision 4; 1.39 62E.13, subdivision 11; 62G.20, subdivision 3; 1.40 62J.152, subdivision 7; 62J.23, subdivision 2; 1.41 62J.321, subdivision 5; 62J.452, subdivisions 2, 5, 1.42 and 9; 62J.79, subdivision 4; 62L.10, subdivision 3; 1.43 62Q.03, subdivision 9; 72A.20, subdivision 15; 79A.02, 1.44 subdivision 2; 115A.84, subdivision 5; 115A.882, 1.45 subdivision 3; 115A.93, subdivision 5; 115B.17, 1.46 subdivision 5; 115B.24, subdivision 5; 115C.03, 2.1 subdivision 8; 115D.09; 116.075, subdivision 2; 2.2 116.54; 116C.840, subdivision 2; 116O.03, subdivisions 2.3 6 and 7; 116R.02, subdivision 3; 116S.02, subdivision 2.4 8; 136A.64, subdivision 2; 144.147, subdivision 5; 2.5 144.225, subdivision 6; 144.4186, subdivision 1; 2.6 144.581, subdivision 5; 145.64, subdivision 3; 2.7 156.082; 169.09, subdivision 13; 171.31; 171.32, 2.8 subdivisions 1 and 3; 174.30, subdivision 9; 175.24; 2.9 175.27; 176.184, subdivision 5; 176.231, subdivision 2.10 8; 182.668, subdivision 2; 196.08; 214.25, subdivision 2.11 1; 214.35; 216C.17, subdivision 4; 216C.37, 2.12 subdivision 3b; 221.0355, subdivision 9; 223.17, 2.13 subdivision 6; 254A.09; 256.01, subdivision 12; 2.14 256.9744, subdivision 1; 257.56, subdivision 1; 2.15 257.70; 259.10, subdivision 2; 268.19; 268A.05, 2.16 subdivision 1; 270B.02; 272.115, subdivision 1; 2.17 295.57, subdivision 2; 297B.12; 297D.13, subdivision 2.18 1; 297E.03, subdivision 8; 298.48, subdivisions 2 and 2.19 4; 299A.61, subdivision 2; 299C.065, subdivision 4; 2.20 299F.095; 299F.096, subdivision 1; 299J.13, 2.21 subdivision 3; 319B.11, subdivision 6; 326.3382, 2.22 subdivision 3; 363.061, subdivisions 2 and 3; 2.23 383B.217, subdivision 7; 383B.225, subdivision 6; 2.24 390.11, subdivision 7; 390.32, subdivision 6; 400.08, 2.25 subdivision 4; 446A.11, subdivision 11; 469.154, 2.26 subdivision 2; 471.617, subdivision 5; 473.598, 2.27 subdivision 4; 473.6671, subdivision 3; 473.843, 2.28 subdivision 4; 475.55, subdivision 6; 583.29; 626.53, 2.29 subdivision 1; and 626.558, subdivision 3; repealing 2.30 Minnesota Statutes 1998, sections 13.02, subdivisions 2.31 4, 8a, 9, 13, and 15; 13.10, subdivision 1; 13.528; 2.32 13.54, subdivisions 3 and 5; 13.77, subdivision 2; 2.33 144.58; and 297D.13, subdivisions 2 and 3. 2.34 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.35 ARTICLE 1 2.36 DATA CLASSIFICATIONS 2.37 Section 1. Minnesota Statutes 1998, section 18B.38, 2.38 subdivision 2, is amended to read: 2.39 Subd. 2. [INFORMATION REVEALEDPRIVATE DATA.] After 2.40 consideration of the applicant's request submitted under 2.41 subdivision 1,the commissioner shall not make any information2.42publicinformation that in the commissioner's judgment contains 2.43 or relates to trade secrets or to commercial or financial 2.44 information obtained from an applicant is private data as 2.45 defined in section 13.02. When necessary, information relating 2.46 to formulas of products may be revealed to any state or federal 2.47 agency consulted with similar protection of trade secret 2.48 authority and may be revealed at a public hearing or in findings 2.49 of facts issued by the commissioner. 2.50 Sec. 2. Minnesota Statutes 1998, section 31A.27, 2.51 subdivision 3, is amended to read: 2.52 Subd. 3. [PENALTIES RELATED TO TESTIMONY AND RECORDS.] (a) 3.1 A person who neglects or refuses to attend and testify, to 3.2 answer a lawful inquiry, or to produce documentary evidence, if 3.3 it is in the person's power to do so, in obedience to the 3.4 subpoena or lawful requirement of the commissioner is guilty of 3.5 a misdemeanor. 3.6 (b) A person who willfully (1) makes or causes to be made a 3.7 false entry or statement of fact in a report required under this 3.8 chapter; (2) makes or causes to be made a false entry in an 3.9 account, record, or memorandum kept by a person subject to this 3.10 chapter; (3) neglects or fails to make or to cause to be made 3.11 full and correct entries in the accounts, records, or memoranda, 3.12 of all facts and transactions relating to the person's business; 3.13 (4) leaves the jurisdiction of this state; (5) mutilates, 3.14 alters, or by any other means falsifies documentary evidence of 3.15 a person subject to this chapter; or (6) refuses to submit to 3.16 the commissioner, for inspection and copying, any documentary 3.17 evidence of a person subject to this chapter in the person's 3.18 possession or control, is guilty of a misdemeanor. 3.19 (c) A person required by this chapter to file an annual or 3.20 special report who fails to do so within the time fixed by the 3.21 commissioner for filing the report and continues the failure for 3.22 30 days after notice of failure to file, is guilty of a 3.23 misdemeanor. 3.24 (d)An officer or employee of this state who makes public3.25information obtained by the commissioner without the3.26commissioner's authority, unless directed by a court, is guilty3.27of a misdemeanorInformation obtained by the commissioner under 3.28 this section is private data as defined in section 13.02 but may 3.29 be released by the commissioner or under court order. 3.30 Sec. 3. Minnesota Statutes 1998, section 32.19, is amended 3.31 to read: 3.32 32.19 [REPORTS; CONTENTS NOT TO BE DIVULGED, PENALTY.] 3.33 (a) Every person, owner, or operator required by section 3.34 32.18 to maintain daily records on milk, cream, butterfat and 3.35 other dairy productsshallmust, within 90 days following the 3.36 close of each fiscal year and at such other times as the 4.1 commissioner may fix or require, by rules adopted as required by 4.2 law, make and file with the commissioner, on blank forms 4.3 prepared by the commissioner, itemized and verified reports of 4.4 all business transacted by the commissioner, as set out in 4.5 section 32.18, during the preceding fiscal year. Such 4.6 reportsshallmust contain such further information as, from 4.7 time to time, may be required by the commissioner. A duplicate 4.8 copy thereofshallmust be retained by such person, owner, or 4.9 operator in files, whichshallmust be subject to examination by 4.10 the commissioner at any time.It shall be unlawful for the4.11commissioner, or any public official or employee to divulge or4.12otherwise make known in any manner any particulars set forth or4.13disclosed in any report or return required by this section, or4.14any information concerning the business transacted by any such4.15person, owner or operator so reporting, acquired from records,4.16officers or employees while examining or inspecting any books or4.17records kept and maintained as required by section 32.18, except4.18as such information is required or authorized to be disclosed in4.19a judicial proceeding by order of the district court. Except as4.20last stated and with the authority there required, any person4.21violating the provision of this section establishing the4.22confidential character of such information and the reports or4.23returns required to be made and filed with the commissioner4.24shall be guilty of a gross misdemeanor.4.25Nothing herein contained shall be construed to prohibit the4.26commissioner from publishing statistics so classified as not to4.27disclose the identity of particular returns or reports or any4.28item or entry therein contained.4.29 (b) Reports received by the commissioner under this section 4.30 and data from records under section 32.18 are private data as 4.31 defined in section 13.02. 4.32 Sec. 4. Minnesota Statutes 1998, section 47.66, is amended 4.33 to read: 4.34 47.66 [EXAMINATION.] 4.35 An electronic financial terminal or a transmission facility 4.36 may be examined by the commissioner to the extent permitted by 5.1 law as to any financial transaction by, with, or involving a 5.2 financial institution solely for the purpose of reconciling 5.3 accounts and verifying the security and accuracy of such 5.4 electronic financial terminals or transmission facilities, 5.5 including any supporting equipment, structures, or systems.All5.6facts and informationData obtained in the course of such 5.7 examinationshallare confidential data as defined in section 5.8 13.02 and must not be disclosed except as otherwise provided by 5.9 law. The person examinedshallmust pay examination fees as 5.10 determined by the commissioner. 5.11 Sec. 5. Minnesota Statutes 1998, section 60A.03, 5.12 subdivision 9, is amended to read: 5.13 Subd. 9. [CONFIDENTIALITY OF INFORMATION.]The5.14commissioner may not be required to divulge anyExcept as 5.15 otherwise provided in this chapter or other law, information 5.16 obtained by the commissioner in the course of the supervision or 5.17 examination of insurance companies,or the examination of5.18insurance companies,including examination related 5.19 correspondence and workpapers, untilis private data as defined 5.20 in section 13.02. When the examination report is finally 5.21 accepted and issued by the commissioner,and then only in the5.22form ofthe finalpublicreportof examinationsis public data. 5.23 Nothing contained in this subdivisionprevents or shall be5.24construed as prohibitingprohibits the commissioner from 5.25 disclosing the content of this information to the insurance 5.26 department of another state or the National Association of 5.27 Insurance Commissioners if the recipient of the information 5.28 agrees in writing to hold it asnonpublicprivate data not on 5.29 individuals as defined in section 13.02, in a manner consistent 5.30 with this subdivision. This subdivision does not apply to the 5.31 extent the commissioner is required or permitted by law, or 5.32 ordered by a court of law to testify or produce evidence in a 5.33 civil or criminal proceeding. For purposes of this subdivision, 5.34 a subpoena is not an order of a court of law. 5.35 Sec. 6. Minnesota Statutes 1998, section 60A.031, 5.36 subdivision 4, is amended to read: 6.1 Subd. 4. [EXAMINATION REPORT; FOREIGN AND DOMESTIC 6.2 COMPANIES.] (a) The commissionershallmust make a full and true 6.3 report of every examination conducted pursuant to this chapter, 6.4 whichshallmust include (1) a statement of findings of fact 6.5 relating to the financial status and other matters ascertained 6.6 from the books, papers, records, documents, and other evidence 6.7 obtained by investigation and examination or ascertained from 6.8 the testimony of officers, agents, or other persons examined 6.9 under oath concerning the business, affairs, assets, 6.10 obligations, ability to fulfill obligations, and compliance with 6.11 all the provisions of the law of the company, applicant, 6.12 organization, or person subject to this chapter and (2) a 6.13 summary of important points noted in the report, conclusions, 6.14 recommendations and suggestions as may reasonably be warranted 6.15 from the facts so ascertained in the examinations. The report 6.16 of examinationshallmust be verified by the oath of the 6.17 examiner in charge thereof, andshallmust be prima facie 6.18 evidence in any action or proceedings in the name of the state 6.19 against the company, applicant, organization, or person upon the 6.20 facts stated therein. 6.21 (b) No later than 60 days following completion of the 6.22 examination, the examiner in chargeshallmust file with the 6.23 department a verified written report of examination under oath. 6.24 Upon receipt of the verified report, the departmentshallmust 6.25 transmit the report to the company examined, together with a 6.26 notice which provides the company examined with a reasonable 6.27 opportunity of not more than 30 days to make a written 6.28 submission or rebuttal with respect to matters contained in the 6.29 examination report. 6.30 (c) Within 30 days of the end of the period allowed for the 6.31 receipt of written submissions or rebuttals, the commissioner 6.32shallmust fully consider and review the report, together with 6.33 the written submissions or rebuttals and the relevant portions 6.34 of the examiner's workpapers and enter an order: 6.35 (1) adopting the examination report as filed or with 6.36 modification or corrections. If the examination report reveals 7.1 that the company is operating in violation of any law, rule, or 7.2 prior order of the commissioner, the commissioner may order the 7.3 company to take any action the commissioner considers necessary 7.4 and appropriate to cure the violation; 7.5 (2) rejecting the examination report with directions to the 7.6 examiners to reopen the examination for purposes of obtaining 7.7 additional data, documentation, or information, and refiling the 7.8 report as required under paragraph (b); or 7.9 (3) calling for an investigatory hearing with no less than 7.10 20 days' notice to the company for purposes of obtaining 7.11 additional documentation, data, information, and testimony. 7.12 (d)(1) All orders entered under paragraph (c), clause (1), 7.13 must be accompanied by findings and conclusions resulting from 7.14 the commissioner's consideration and review of the examination 7.15 report, relevant examiner workpapers, and any written 7.16 submissions or rebuttals. The order is a final administrative 7.17 decision and may be appealed as provided under chapter 14. The 7.18 order must be served upon the company by certified mail, 7.19 together with a copy of the adopted examination report. Within 7.20 30 days of the issuance of the adopted report, the companyshall7.21 must file affidavits executed by each of its directors stating 7.22 under oath that they have received a copy of the adopted report 7.23 and related orders. 7.24 (2) A hearing conducted under paragraph (c), clause (3), by 7.25 the commissioner or authorized representative, must be conducted 7.26 as a nonadversarial confidential investigatory proceeding as 7.27 necessary for the resolution of inconsistencies, discrepancies, 7.28 or disputed issues apparent upon the face of the filed 7.29 examination report or raised by or as a result of the 7.30 commissioner's review of relevant workpapers or by the written 7.31 submission or rebuttal of the company. Within 20 days of the 7.32 conclusion of the hearing, the commissionershallmust enter an 7.33 order as required under paragraph (c), clause (1). 7.34 (3) The commissionershallmust not appoint an examiner as 7.35 an authorized representative to conduct the hearing. The 7.36 hearing must proceed expeditiously. Discovery by the company is 8.1 limited to the examiner's workpapers which tend to substantiate 8.2 assertions in a written submission or rebuttal. The 8.3 commissioner or the commissioner's representative may issue 8.4 subpoenas for the attendance of witnesses or the production of 8.5 documents considered relevant to the investigation whether under 8.6 the control of the department, the company, or other persons. 8.7 The documents produced must be included in the record. 8.8 Testimony taken by the commissioner or the commissioner's 8.9 representative must be under oath and preserved for the record. 8.10 This section does not require the department to disclose 8.11 information or records which would indicate or show the 8.12 existence or content of an investigation or activity of a 8.13 criminal justice agency. 8.14 (4) The hearing must proceed with the commissioner or the 8.15 commissioner's representative posing questions to the persons 8.16 subpoenaed. Thereafter, the company and the department may 8.17 present testimony relevant to the investigation. 8.18 Cross-examination may be conducted only by the commissioner or 8.19 the commissioner's representative. The company and the 8.20 departmentshallmust be permitted to make closing statements 8.21 and may be represented by counsel of their choice. 8.22 (e)(1) Notwithstanding section 60A.03, subdivision 9, upon 8.23 the adoption of the examination report under paragraph (c), 8.24 clause (1),the commissioner shall continue to hold the content8.25ofthe examination reportas private and confidential8.26informationis private data as defined in section 13.02 for a 8.27 period of 30 days except as otherwise provided in paragraph 8.28 (b).ThereafterAfter that period,the commissioner may open8.29 the reportfor public inspection ifis public data unless a 8.30 court of competent jurisdictionhas not stayedstays its 8.31 publication. 8.32 (2) Nothing contained in this subdivisionprevents or shall8.33be construed as prohibitingprohibits the commissioner from 8.34 disclosing the content of an examination report, preliminary 8.35 examination report or results, or any matter relating to the 8.36 reports, to the commerce department or the insurance department 9.1 of another state or country, the National Association of 9.2 Insurance Commissioners, or to law enforcement officials of this 9.3 or another state or agency of the federal government at any 9.4 time, if the agency or office receiving the report or matters 9.5 relating to the report agrees in writing to hold itconfidential9.6andin a manner consistent with this subdivision. 9.7 (3) If the commissioner determines that regulatory action 9.8 is appropriate as a result of an examination, the commissioner 9.9 may initiate proceedings or actions as provided by law. 9.10 (f) Allworking papers, recorded information, documents and9.11copies thereofdata produced by, obtained by, or disclosed to 9.12 the commissioner or any other person in the course of an 9.13 examination made under this subdivisionmust be given9.14confidential treatmentare private data and are not subject to 9.15 subpoena andmaymust not be made publicby the commissioner or9.16any other person, except to the extent provided in paragraph 9.17 (e).Access may also be granted to the National Association of9.18Insurance Commissioners. The parties must agree in writing9.19prior to receiving the information to provide to it the same9.20confidential treatment as required by this section, unless the9.21prior written consent of the company to which it pertains has9.22been obtained.9.23 Sec. 7. Minnesota Statutes 1998, section 60A.135, 9.24 subdivision 4, is amended to read: 9.25 Subd. 4. [CONFIDENTIALITY.] Reports filed with the 9.26 commissioner pursuant to sections 60A.135 to 60A.137must be9.27held as nonpublicare private data not on individuals as defined 9.28 in section 13.02, are not subject to subpoena, andmaymust not 9.29 bemade public by the commissioner, the National Association of9.30Insurance Commissioners, or other person, except to insurance9.31departments of other states,released without the prior written 9.32 consent of the insurer to whichita report pertains, except as 9.33 provided in section 60A.03, subdivision 9. However, the 9.34 commissioner may publish all or part of a report in the manner 9.35 the commissioner considers appropriate if, after giving the 9.36 affected insurer notice and an opportunity to be heard, the 10.1 commissioner determines that the interest of policyholders, 10.2 shareholders, or the public will be served by the publication. 10.3 Sec. 8. Minnesota Statutes 1998, section 60A.208, 10.4 subdivision 7, is amended to read: 10.5 Subd. 7. [REPORTS AND RECOMMENDATIONS BY THE ASSOCIATION.] 10.6 An association may submit reports and make recommendations to 10.7 the commissioner regarding the financial condition of any 10.8 eligible surplus lines insurer.TheseThe reports and 10.9 recommendationsshall not be considered to be public information10.10 are private data not on individuals as defined in section 13.02. 10.11There shall not be liability on the part of, or a cause of10.12action of any nature shall not arise against,Eligible surplus 10.13 lines insurers, the association or its agents or employees, the 10.14 directors, or the commissioner or authorized representatives of 10.15 the commissioner,are not liable for statements made by them in 10.16 any reports or recommendations made under this subdivision. 10.17 Sec. 9. Minnesota Statutes 1998, section 60A.93, is 10.18 amended to read: 10.19 60A.93 [CONFIDENTIALITY.] 10.20 All financial analysis ratios and examination synopses 10.21 concerning insurance companies that are submitted to the 10.22 department by the National Association of Insurance 10.23 Commissioners' Insurance Regulatory Information System are 10.24 confidentialand may not be disclosed by the departmentdata not 10.25 on individuals as defined in section 13.02. 10.26 Sec. 10. Minnesota Statutes 1998, section 60A.968, 10.27 subdivision 2, is amended to read: 10.28 Subd. 2. [PRIVATE DATA.]Names and individual10.29identification data for allData on viatorsisare privateand10.30confidential information and must not be disclosed by the10.31commissioner, unless required by lawdata on individuals as 10.32 defined in section 13.02. 10.33 Sec. 11. Minnesota Statutes 1998, section 60B.14, 10.34 subdivision 3, is amended to read: 10.35 Subd. 3. [RECORDS.] In all summary proceedings and 10.36 judicial reviews thereof, all records of the company, other 11.1 documents, and all department of commerce files and court 11.2 records and papers, so far as they pertain to or are a part of 11.3 the record of the summary proceedings,shall be and remainare 11.4 confidential except as is necessary to obtain compliance 11.5 therewith, unless the court, after hearing arguments from the 11.6 parties in chambers,shall orderorders otherwise, or unless the 11.7 insurer requests that the matter be made public. Until such 11.8 court order, all papers filed with the court administrator shall 11.9 be held in a confidential file. Department of commerce data 11.10 relating to summary proceedings are private data as defined in 11.11 section 13.02. 11.12 Sec. 12. Minnesota Statutes 1998, section 60C.14, 11.13 subdivision 2, is amended to read: 11.14 Subd. 2. [OPTIONAL POWERS AND DUTIES.] The commissioner 11.15 may: 11.16 (a) Suspend or revoke, after notice and hearing, the 11.17 certificate of authority to transact insurance or to execute 11.18 surety bonds in this state of any member insurer which fails to 11.19 pay an assessment when due or fails to comply with the plan of 11.20 operation. As an alternative, the commissioner may levy a fine 11.21 on any member insurer which fails to pay an assessment when 11.22 due. The fineshallmust not exceed five percent of the unpaid 11.23 assessment per month, except that no fineshallmust be less 11.24 than $100 per month. 11.25 (b) Revoke the designation of any servicing facility if the 11.26 commissioner finds claims are being handled unsatisfactorily. 11.27 (c) Disclose to the board of directors information 11.28 regarding any member insurer, or any company seeking admission 11.29 to transact insurance business in this state, whose financial 11.30 condition may be hazardous to policyholders or to the public, 11.31 including data that are not public data as defined in section 11.32 13.02.This disclosure does not violate any data privacy11.33requirement or any obligation to treat the information as11.34privileged. This disclosure does not change the data privacy or11.35privileged status of the information.Board membersshallmust 11.36 not disclose the information to anyone else or use the 12.1 information for any purpose other than their duties as board 12.2 members. 12.3 Sec. 13. Minnesota Statutes 1998, section 60D.22, is 12.4 amended to read: 12.5 60D.22 [CONFIDENTIAL TREATMENTACCESS TO DATA.] 12.6All information, documents, and copies of themData 12.7 obtained by or disclosed to the commissioner or any other person 12.8 in the course of an examination or investigation made pursuant 12.9 to section 60D.20 and all information reported pursuant to 12.10 sections 60D.18 and 60D.19, shall be given confidential12.11treatment and shall not be subject to subpoena and shall not be12.12made public by the commissioner, the National Association of12.13Insurance Commissioners, or any other person, except to12.14insurance departments of other states, without the prior written12.15consent of the insurer to which it pertains unlessis private 12.16 data as defined in section 13.02 but may be released as provided 12.17 in section 60A.03, subdivision 9. In addition, the data may be 12.18 released if the commissioner, after giving the insurer and its 12.19 affiliates who would be affected, notice and opportunity to be 12.20 heard, determines that the interest of policyholders or the 12.21 public will be served by the publication, in which event the 12.22 commissioner may publish all or any part in the manner the 12.23 commissioner considers appropriate. 12.24 Sec. 14. Minnesota Statutes 1998, section 60K.10, is 12.25 amended to read: 12.26 60K.10 [TERM OF APPOINTMENTS.] 12.27 All appointments of agents by insurers pursuant to this 12.28 sectionshallmust remain in force until terminated voluntarily 12.29 by the appointing insurer or the license of the agent has for 12.30 any reason been terminated during the appointment. The original 12.31 appointing insurer, as well as any subsequent appointing 12.32 insurer, may terminate the appointment of an agent at any time 12.33 by giving written notice thereof to the commissioner and by 12.34 sending a copy thereof to the last known address of the agent. 12.35 The effective date of the terminationshallmust be the date of 12.36 receipt of the notice by the commissioner unless another date is 13.1 specified by the insurer in the notice. Within 30 days after 13.2 the insurer gives notice of termination to the commissioner, the 13.3 insurershallmust furnish the agent with a current statement of 13.4 the agent's commission account. 13.5 Accompanying the notice of a termination given to the 13.6 commissioner by the insurershallmust be a statement of the 13.7 specific reasons constituting the cause of termination. Any 13.8 document, record, or statement relating to the agent which is 13.9 disclosed or furnished to the commissioner contemporaneously 13.10 with, or subsequent to, the notice of terminationshall be13.11deemed confidential by the commissioner and a privileged13.12communicationis private data on individuals as defined in 13.13 section 13.02. The document, record, or statement furnished to 13.14 the commissionershallis a privileged communication and is not 13.15beadmissible in whole or in part for any purpose in any action 13.16 or proceeding against (1) the insurer or any of its officers, 13.17 employees, or representatives submitting or providing the 13.18 document, record, or statement, or (2) any person, firm, or 13.19 corporation furnishing in good faith to the insurer the 13.20 information upon which the reasons for termination are based. 13.21 Sec. 15. Minnesota Statutes 1998, section 62C.17, 13.22 subdivision 4, is amended to read: 13.23 Subd. 4. The commissioner may at any time after a hearing 13.24 pursuant to the contested case provisions of chapter 14, revoke 13.25 or suspend a license if satisfied that the licensee is not 13.26 qualified. An application for a new license or for 13.27 reinstatement may be entertained one year after revocation or 13.28 suspension, upon filing of a bond in the amount of $5,000 13.29 approved by the commissioner for protection of the public for a 13.30 period of five years, or a lesser amount and period as the 13.31 commissioner may prescribe. The commissionershallmust revoke 13.32 or suspend a license upon written request by the corporation or 13.33 agent for which the licensee is licensed to act. Such a request 13.34shallmust include a statement of the specific facts 13.35 constituting cause for termination.Any such information shall13.36be deemedThe request is private data as defined in section 14.1 13.02. The request is a confidential and privileged 14.2 communication, andshallmust not be admissible, in whole or in 14.3 part, in any action or proceeding without the corporation's or 14.4 agent's written consent. 14.5 Sec. 16. Minnesota Statutes 1998, section 62G.20, 14.6 subdivision 3, is amended to read: 14.7 Subd. 3. The commissioner may at any time after a hearing 14.8 pursuant to sections 14.001 to 14.69, revoke or suspend a 14.9 license if satisfied that the licensee is not qualified. An 14.10 application for a new license or for reinstatement may be 14.11 entertained one year after revocation or suspension, upon filing 14.12 of a bond in the amount of $5,000 approved by the commissioner 14.13 for protection of the public for a period of five years, or a 14.14 lesser amount and period as the commissioner may prescribe. The 14.15 commissionershallmust revoke or suspend a license upon written 14.16 request by the legal service plan corporation or agent for which 14.17 the licensee is licensed to act. The requestshallmust include 14.18 a statement of the specific facts constituting cause for 14.19 termination. The request is private data as defined in section 14.20 13.02. Information contained in a request is confidential and 14.21 privileged and is not admissible, in whole or in part, in any 14.22 action or proceeding without the written consent of the party 14.23 submitting the request. 14.24 Sec. 17. Minnesota Statutes 1998, section 116.075, 14.25 subdivision 2, is amended to read: 14.26 Subd. 2. Any records or other information obtained by the 14.27 pollution control agency or furnished to the agency by the owner 14.28 or operator of one or more air contaminant or water or land 14.29 pollution sources which are certified by said owner or operator, 14.30 and said certification, as it applies to water pollution 14.31 sources, is approved in writing by the commissioner, to relate 14.32 to (a) sales figures, (b) processes or methods of production 14.33 unique to the owner or operator, or (c) information which would 14.34 tend to affect adversely the competitive position of said owner 14.35 or operator,shall be only for the confidential use of the14.36agency in discharging its statutory obligations, unless15.1otherwise specifically authorized by said owner or operatorare 15.2 private data as defined in section 13.02.Provided, however15.3that all such information may be used by the agency in compiling15.4or publishing analyses or summaries relating to the general15.5condition of the state's water, air and land resources so long15.6as such analyses or summaries do not identify any owner or15.7operator who has so certified. Notwithstanding the foregoing,15.8 The agency may disclose any information, whether or not15.9otherwise considered confidential whichthat it is obligated to 15.10 disclose in order to comply with federal law and regulations, to 15.11 the extent and for the purpose of such federally required 15.12 disclosure. 15.13 Sec. 18. Minnesota Statutes 1998, section 136A.64, 15.14 subdivision 2, is amended to read: 15.15 Subd. 2.The office shall not discloseFinancial records 15.16 provided toitthe office by a school pursuant to this section 15.17exceptare private data as defined in section 13.02 but may be 15.18 disclosed for the purpose of defending, at hearings pursuant to 15.19 chapter 14, or other appeal proceedings,itsa decision to 15.20 approve or not to approve the granting of degrees or the use of 15.21 a name by the school. Section 15.17, subdivision 4,shallmust 15.22 not apply to such records. 15.23 Sec. 19. Minnesota Statutes 1998, section 169.09, 15.24 subdivision 13, is amended to read: 15.25 Subd. 13. [REPORTS CONFIDENTIAL; EVIDENCE, FEE, PENALTY, 15.26 APPROPRIATION.] (a) All written reports and supplemental reports 15.27 required under this sectionshall beare confidential data as 15.28 defined in section 13.02 and are only for the use of the 15.29 commissioner of public safety and other appropriate state, 15.30 federal, county, and municipal governmental agencies for 15.31 accident analysis purposes, except: 15.32 (1) the commissioner of public safety or any law 15.33 enforcement agencyshallmust, upon written request of any 15.34 person involved in an accident or upon written request of the 15.35 representative of the person's estate, surviving spouse, or one 15.36 or more surviving next of kin, or a trustee appointed pursuant 16.1 to section 573.02, disclose to the requester, the requester's 16.2 legal counsel, or a representative of the requester's insurer 16.3 the report required under subdivision 8; 16.4 (2) the commissioner of public safetyshallmust, upon 16.5 written request, provide the driver filing a report under 16.6 subdivision 7 with a copy of the report filed by the driver; 16.7 (3) the commissioner of public safety may verify with 16.8 insurance companies vehicle insurance information to enforce 16.9 sections 65B.48, 169.792, 169.793, 169.796, and 169.797; 16.10 (4) the commissioner of public safetyshallmust provide 16.11 the commissioner of transportation the information obtained for 16.12 each traffic accident involving a commercial motor vehicle, for 16.13 purposes of administering commercial vehicle safety regulations; 16.14 and 16.15 (5) the commissioner of public safety may give to the 16.16 United States Department of Transportation commercial vehicle 16.17 accident information in connection with federal grant programs 16.18 relating to safety. 16.19 (b) Accident reports and data contained in the reports 16.20shallare notbediscoverable under any provision of law or rule 16.21 of court.No report shallReports must not be used as evidence 16.22 in any trial, civil or criminal, arising out of an accident, 16.23 except that the commissioner of public safetyshallmust furnish 16.24 upon the demand of any person who has, or claims to have, made a 16.25 report, or, upon demand of any court, a certificate showing that 16.26 a specified accident report has or has not been made to the 16.27 commissioner solely to prove compliance or failure to comply 16.28 with the requirements that the report be made to the 16.29 commissioner. 16.30 (c) Nothing in this subdivision prevents any person who has 16.31 made a report pursuant to this section from providing 16.32 information to any persons involved in an accident or their 16.33 representatives or from testifying in any trial, civil or 16.34 criminal, arising out of an accident, as to facts within the 16.35 person's knowledge. It is intended by this subdivision to 16.36 render privileged the reports required, but it is not intended 17.1 to prohibit proof of the facts to which the reports relate. 17.2 (d) Disclosing any information contained in any accident 17.3 report, except as provided in this subdivision, section 13.82, 17.4 subdivision 3 or 4, or other statutes, is a misdemeanor. 17.5 (e) The commissioner of public safety may charge authorized 17.6 persons a $5 fee for a copy of an accident report. 17.7 (f) The commissioner and law enforcement agencies may 17.8 charge commercial users who request access to response or 17.9 incident data relating to accidents a fee not to exceed 50 cents 17.10 per report. "Commercial user" is a user who in one location 17.11 requests access to data in more than five accident reports per 17.12 month, unless the user establishes that access is not for a 17.13 commercial purpose. Money collected by the commissioner under 17.14 this paragraph is appropriated to the commissioner. 17.15 Sec. 20. Minnesota Statutes 1998, section 171.31, is 17.16 amended to read: 17.17 171.31 [PERSON RECEIVING BENEFITS FOR BLINDNESS, DISCOVERY 17.18 OF INFORMATION.] 17.19 The commissioner of public safety, in order to promote 17.20 highway safety by restricting driving privileges to those 17.21 persons meeting accepted visual acuity standards,may request17.22and shall receive informationhas access to private or 17.23 confidential data on individuals as defined in section 13.02 17.24 concerning the identity and whereabouts of any person who has 17.25 applied for or received any type of welfare, licensing, or other 17.26 benefits for the blind or nearly blind, from the records ofall17.27departments, boards, bureaus, or other agencies of this state17.28except the department of revenue, and they shall provide such17.29information notwithstanding the provisions of section 268.19 or17.30any other existing law or rule to the contrarystate agencies, 17.31 exceptthatwhen section 270B.02, subdivision 1, prohibits 17.32 disclosure of information by the commissioner of revenue. 17.33 Sec. 21. Minnesota Statutes 1998, section 171.32, 17.34 subdivision 1, is amended to read: 17.35 Subdivision 1. [ACTIONS BY COMMISSIONER.] The commissioner 17.36 , upon receipt ofany suchinformationshallunder section 18.1 171.31, must take such action as the commissioner deems 18.2 necessary to insure that each such person meets the accepted 18.3 visual acuity standards required of all driver's license 18.4 applicants and such further action as required by law or rule. 18.5 The driver's license of any person who has been classified as 18.6 legally blindshallmust be immediately canceled. 18.7 Sec. 22. Minnesota Statutes 1998, section 171.32, 18.8 subdivision 3, is amended to read: 18.9 Subd. 3. [USE OF EXAMINATION DATA.] (a) Information 18.10 received by the commissioner under this section is confidential 18.11 data on individuals as defined in section 13.02, except that: 18.12 (1) the results of any visual acuity examination 18.13 administered because of information received pursuant tothis18.14 section 171.31 may be communicated by the commissioner to 18.15 thedepartmentstate agency from which the person received a 18.16 benefit. The information received by the commissioner pursuant18.17to this section must not be divulged or otherwise made known in18.18any manner except in connection with the cancellation of18.19drivers' licenses, and then only to the person involved whose18.20license is canceled, and except for statistical purposes which18.21do not reveal the identity of the individuals involved; and 18.22 (2) information may be disclosed to the subject of the data 18.23 if the subject's driver's license is canceled. 18.24 (b) The record of such person with respect to visual acuity 18.25shallmust be maintained in the same manner as all other 18.26 driver's license records. 18.27 Sec. 23. Minnesota Statutes 1998, section 175.24, is 18.28 amended to read: 18.29 175.24 [DUTIES OF EMPLOYERS AND OTHERS TO MAKE REPORTS; 18.30 PRESERVATION OF RECORDS.] 18.31 On request of the department of labor and industry, and 18.32 within the time limited therein, every employer of labor, any 18.33 officer of a labor organization, or any person from whom the 18.34 department of labor and industryshall findfinds it necessary 18.35 to gather information,shallmust make a certified report to the 18.36 department, upon blanks furnished by it, of all matters covered 19.1 by the request.The names of persons or concerns supplying such19.2information shall not be disclosed.Every notice, order, or 19.3 direction given by such departmentshallmust be in writing, 19.4 signed by an officer or inspector of such department, or a 19.5 person specially designated for the purpose, and be served by 19.6 the signer. Except as otherwise provided by law, papers so 19.7 served andall records and documents ofdata received by the 19.8 department under this section arehereby declaredpublic 19.9documentsdata andshallmust not be destroyedwithin19.10 earlier than two years after their return or receipt by such 19.11 department. The identity of persons supplying the information 19.12 is private data on individuals as defined in section 13.02. 19.13 Sec. 24. Minnesota Statutes 1998, section 175.27, is 19.14 amended to read: 19.15 175.27 [DISCLOSURE OF NAMES OF PERSONS GIVING INFORMATION;19.16 REFUSAL TO TESTIFY; DENYING ADMISSION; PENALTY.] 19.17Any employee of the department of labor and industry who19.18shall disclose the names of anyData on persons supplying 19.19 information at the request of such departmentshall be guilty of19.20a misdemeanorare private data on individuals as defined in 19.21 section 13.02. Any person who, having been duly subpoenaed, 19.22shall refuserefuses to attend or testify in any hearing under 19.23 the direction of the department of labor and industryshall be19.24 is guilty of a misdemeanor. Any owner or occupant of any place 19.25 of employment whoshall refuserefuses to admit thereto any 19.26 employee of the department seeking entrance in the discharge of 19.27 the employee's duties,shall beis guilty of a misdemeanor. Any 19.28 person, firm, or corporation, or any of its officers or agents, 19.29 whoor which shallrefuse to file with the departmentsuchthe 19.30 reportsas arerequired by it under the provisions of sections 19.31 175.24 to 175.27shall beis guilty of a misdemeanor. 19.32 Sec. 25. Minnesota Statutes 1998, section 176.184, 19.33 subdivision 5, is amended to read: 19.34 Subd. 5. [REQUEST FOR INVESTIGATION BY EMPLOYEE.] (a) Any 19.35 employee or representative of an employee who believes that 19.36 their employer is uninsured against workers' compensation 20.1 liability, may request an inspection by giving notice to the 20.2 commissioner of the belief and grounds for the belief.AnyA 20.3 noticeshallmust be written,shallset forth with reasonable 20.4 particularity the grounds for the notice, andshallbe signed by 20.5 the employee or representative of employees. A copy of the 20.6 noticeshallmust be provided the employer, representative, or 20.7 agent no later than the time of inspection, except that, upon 20.8 the request of a person giving the notice, the employee's name 20.9 and the names of individual employees referred to in the 20.10 noticeshallare private data on individuals as defined in 20.11 section 13.02, subdivision 2, and must not appear in the copy or 20.12 on any record published, released, or made available. If upon 20.13 receipt of the notification the commissioner determines that 20.14 reasonable grounds exist to believe that the employer is 20.15 uninsured against workers' compensation liability, the 20.16 commissionershallmust make an inspection in accordance with 20.17 this section as soon as practicable. If the commissioner 20.18 determines that there are not reasonable grounds to believe that 20.19 a violation exists, the commissionershall somust notify the 20.20 employee or representative of employees in writing. Upon 20.21 notification, the employee or the employee representative may 20.22 request the commissioner to reconsider the determination. Upon 20.23 receiving the request, the commissionershallmust review the 20.24 determination. 20.25 (b) The commissioner, upon receipt of a report of violation 20.26 of the mandatory insurance provisions of section 176.181 or 20.27 176.185 verified by review of the department's insurance 20.28 registration records and other relevant information,shallmust 20.29 initiate a preliminary investigation to determine if reasonable 20.30 grounds exist to believe that the employer is uninsured against 20.31 workers' compensation liability, and upon certification of 20.32 reasonable belief that the employer is uninsured the 20.33 commissionershallmust make an inspection in accordance with 20.34 paragraph (a). 20.35 Sec. 26. Minnesota Statutes 1998, section 176.231, 20.36 subdivision 8, is amended to read: 21.1 Subd. 8. [NO PUBLIC INSPECTION OF REPORTS.] Subject to 21.2 subdivision 9, a reportor its copy which has beenfiled with 21.3 the commissioner of the department of labor and industry under 21.4 this section isnot available to public inspectionprivate data 21.5 as defined in section 13.02. Any person who has access to such 21.6 a reportshallmust not disclose its contents to anyonein any21.7manner. 21.8 A person who unauthorizedly discloses a report or its 21.9 contents to another is guilty of a misdemeanor. 21.10 Sec. 27. Minnesota Statutes 1998, section 196.08, is 21.11 amended to read: 21.12 196.08 [FILES AND RECORDS CONFIDENTIAL.] 21.13The contents of, and all files, records, reports, papers21.14and documentsData pertaining to,any claim for the benefits of 21.15 Laws 1943, chapter 420, whether pending or adjudicated,shall be21.16deemed confidential and privilegedare private data on 21.17 individuals as defined in section 13.02 andnoa disclosure 21.18thereof shallmust not be made,without the consent in writing 21.19 of the claimant who has not been adjudicated incompetent, except 21.20 as follows: 21.21(a)(1) tosaidthe claimant personally, a duly appointed 21.22 guardian, an attorney in fact, or a duly authorized 21.23 representative, and as to personal matters, when, in the 21.24 judgment of the commissioner,suchthe disclosure would not be 21.25 injurious to the physical or mental health of the claimant. 21.26(b)(2) to the representatives of veterans' organizations 21.27 recognized by the United States government, not exceeding five 21.28 from each such veterans' organizations, and whensuchthe 21.29 representatives have been duly certifiedas suchby the state 21.30 department of any such veterans' organizations in the state of 21.31 Minnesota. 21.32(c)(3) inanya court in the state of Minnesota which has 21.33 jurisdictionofover the partiesto,and subject matter of,an 21.34 action or proceeding therein pending, as found bysaidthe 21.35 court, when required to be produced by the process ofsuchthe 21.36 court, and then only in open court, as evidence, insuchthe 22.1 action or proceeding after a judgethereof shall have ruled22.2 rules thesame to bedata are relevant and competent evidence in 22.3suchthe action or proceeding according to the laws and statutes 22.4 ofsaid stateMinnesota. 22.5 Sec. 28. Minnesota Statutes 1998, section 254A.09, is 22.6 amended to read: 22.7 254A.09 [CONFIDENTIALITY OF RECORDS.] 22.8 The department of human servicesshallmust assure 22.9 confidentiality to individuals who are the subject of research 22.10 by the state authority or are recipients of alcohol or drug 22.11 abuse information, assessment, or treatment from a licensed or 22.12 approved program.The commissioner shall withhold from allData 22.13 on those individuals are private data on individuals as defined 22.14 in section 13.02 and must not be released to persons not 22.15 connected with the conduct of the researchthe names or other22.16identifying characteristics of a subject of researchunless the 22.17 individual gives written permission that information relative to 22.18 treatment and recovery may be released. Persons authorized to 22.19 protect the privacy of subjects of researchmaymust not be 22.20 compelled in any federal, state or local, civil, criminal, 22.21 administrative or other proceeding to identify or disclose other 22.22 confidential information about the individuals. Identifying 22.23 information and other confidential information related to 22.24 alcohol or drug abuse information, assessment, treatment, or 22.25 aftercare services may be ordered to be released by the court 22.26 for the purpose of civil or criminal investigations or 22.27 proceedings if, after review of the records considered for 22.28 disclosure, the court determines that the information is 22.29 relevant to the purpose for which disclosure is requested. The 22.30 courtshallmust only order disclosure ofonly thatrelevant 22.31 informationwhich is determined relevant. In determining 22.32 whether to compel disclosure, the courtshallmust weigh the 22.33 public interest and the need for disclosure against the injury 22.34 to the patient, to the treatment relationship in the program 22.35 affected and in other programs similarly situated, and the 22.36 actual or potential harm to the ability of programs to attract 23.1 and retain patients if disclosure occurs. This section does not 23.2 exempt any person from the reporting obligations under section 23.3 626.556, nor limit the use of information reported in any 23.4 proceeding arising out of the abuse or neglect of a child. 23.5 Identifying information and other confidential information 23.6 related to alcohol or drug abuse information, assessment, 23.7 treatment, or aftercare services may be ordered to be released 23.8 by the court for the purpose of civil or criminal investigations 23.9 or proceedings. No information may be released pursuant to this 23.10 section that would not be released pursuant to section 595.02, 23.11 subdivision 2. 23.12 Sec. 29. Minnesota Statutes 1998, section 257.56, 23.13 subdivision 1, is amended to read: 23.14 Subdivision 1. If, under the supervision of a licensed 23.15 physician and with the consent of her husband, a wife is 23.16 inseminated artificially with semen donated by a man not her 23.17 husband, the husband is treated in law as if he were the 23.18 biological father ofathe childtherebyconceived. The 23.19 husband's consent must be in writing and signed by him and his 23.20 wife. The consent must be retained by the physician for at 23.21 least four years after the confirmation of a pregnancy that 23.22 occurs during the process of artificial insemination. 23.23 All papers and records pertaining to the insemination, 23.24 whether part of the permanent record of a court or of a file 23.25 held by the supervising physicianor elsewhere, are subject to 23.26 inspection only upon an order of the court for good cause shown. 23.27 Government data pertaining to the insemination are confidential 23.28 data on individuals as defined in section 13.02. 23.29 Sec. 30. Minnesota Statutes 1998, section 257.70, is 23.30 amended to read: 23.31 257.70 [HEARINGS AND RECORDS; CONFIDENTIALITY.] 23.32 (a) Notwithstanding any other law concerning public 23.33 hearings and records, any hearing or trial held under sections 23.34 257.51 to 257.74shallmust be held in closed court without 23.35 admittance of any person other than those necessary to the 23.36 action or proceeding. All papers and records, other than the 24.1 final judgment, pertaining to the action or proceeding, whether24.2 that are part of the permanent record of the courtor of a file24.3in the state department of human services or elsewhere,are 24.4 subject to inspection only upon consent of the court and all 24.5 interested persons, or in exceptional cases only upon an order 24.6 of the court for good cause shown. Government data pertaining 24.7 to the action or proceeding are confidential data on individuals 24.8 as defined in section 13.02. 24.9 (b) In all actions under this chapter in which public 24.10 assistance is assigned under section 256.741 or the public 24.11 authority provides services to a party or parties to the action, 24.12 notwithstanding statutory or other authorization for the public 24.13 authority to release private data on the location of a party to 24.14 the action, information on the location of one partymaymust 24.15 not be released by the public authority to the other party if: 24.16 (1) the public authority has knowledge that a protective 24.17 order with respect to the other party has been entered; or 24.18 (2) the public authority has reason to believe that the 24.19 release of the information may result in physical or emotional 24.20 harm to the other party. 24.21 Sec. 31. Minnesota Statutes 1998, section 259.10, 24.22 subdivision 2, is amended to read: 24.23 Subd. 2. [WITNESS AND VICTIM PROTECTION NAME CHANGES; 24.24 PRIVATE DATA.] If the court determines that the name change for 24.25 an individual is made in connection with the individual's 24.26 participation in a witness and victim protection program, the 24.27 courtshallmust order that the court records of the name change 24.28 are not accessible to the public; except that they may be 24.29 released, upon request, to a law enforcement agency, probation 24.30 officer, or corrections agent conducting a lawful 24.31 investigation. The existence of an application for a name 24.32 change described in this subdivisionmaymust not be disclosed 24.33 except to a law enforcement agency conducting a lawful 24.34 investigation. Government data relating to an application for a 24.35 name change are confidential data on individuals as defined in 24.36 section 13.02. 25.1 Sec. 32. Minnesota Statutes 1998, section 268A.05, 25.2 subdivision 1, is amended to read: 25.3 Subdivision 1. [PUBLIC RECORDS; ACCESS.] The employees of 25.4 the department specifically authorized by the commissionershall25.5 must have the right to receive from anypublicgovernment 25.6 records the names, addresses, and information pertinent totheir25.7 the vocational rehabilitation of persons injured or otherwise 25.8 disabled.Except as provided in subdivision 2, no information25.9obtained from these reports, nor any copy of the same, nor any25.10of the contents thereof, nor other confidential information as25.11defined by the commissioner shall be open to the public, nor25.12shall be disclosed in any manner by any official or clerk or25.13other employee of the state having access thereto, but the same25.14may be used, except as provided in subdivision 2, solelyData 25.15 related to vocational rehabilitation are private data on 25.16 individuals as defined in section 13.02 and must only be used to 25.17 enable the department to offer the benefits of vocational 25.18 rehabilitation to the persons injured or otherwise disabled. 25.19 Sec. 33. Minnesota Statutes 1998, section 297B.12, is 25.20 amended to read: 25.21 297B.12 [PRIVATE NATURE OF INFORMATION.] 25.22It shall be unlawful for the motor vehicle registrar,25.23deputy registrars or any other public official or employee to25.24divulge or otherwise make known in any manner any particulars25.25disclosedData in any purchaser's certificate or any information 25.26 concerning affairs of any person making such certificate 25.27 acquired from the purchaser's records, officers or employees are 25.28 private data as defined in section 13.02 and may not be 25.29 disclosed, except in connection with state or federal tax 25.30 proceedingsor upon request of the person named on the25.31certificate. Nothing herein contained should be construed to25.32prohibit the publishing of statistics so classified as not to25.33disclose the identity of particular purchasers' certificates and25.34the contents thereof. Any person violating the provisions of25.35this section shall be guilty of a gross misdemeanor. 25.36 Sec. 34. Minnesota Statutes 1998, section 297D.13, 26.1 subdivision 1, is amended to read: 26.2 Subdivision 1. [DISCLOSURE PROHIBITED.]Notwithstanding26.3any law to the contrary, neither the commissioner nor a public26.4employee may reveal factsData contained in a report or return 26.5 required by this chapterorand any information obtained from a 26.6 tax obligor; nor can anyare private data on individuals as 26.7 defined in section 13.02. Information contained in such a 26.8 report or return or obtained from a tax obligor must not be used 26.9 against the tax obligor in any criminal proceeding, unless 26.10 independently obtained, except in connection with a proceeding 26.11 involving taxes due under this chapter from the tax obligor 26.12 making the return. 26.13 Sec. 35. Minnesota Statutes 1998, section 297E.03, 26.14 subdivision 8, is amended to read: 26.15 Subd. 8. [DISCLOSURE PROHIBITED.](a) Notwithstanding any26.16law to the contrary, neither the commissioner nor a public26.17employee may reveal factsData contained in a sports bookmaking 26.18 tax return filed with the commissioner of revenueas required by26.19 under this section, nor can anyare private data on individuals 26.20 as defined in section 13.02. Information contained in the 26.21 report or return may not be used against the tax obligor in any 26.22 criminal proceeding, unless independently obtained, except in 26.23 connection with a proceeding involving taxes due under this 26.24 section, or as provided in section 270.064. 26.25(b) Any person violating this section is guilty of a gross26.26misdemeanor.26.27(c) This section does not prohibit the commissioner from26.28publishing statistics that do not disclose the identity of tax26.29obligors or the contents of particular returns or reports.26.30 Sec. 36. Minnesota Statutes 1998, section 298.48, 26.31 subdivision 2, is amended to read: 26.32 Subd. 2. [USE OFDATEDATA.] Notwithstanding any other law 26.33 to the contrary, the commissioner of revenue may use any data 26.34 filed pursuant to subdivision 1 and any similar data otherwise 26.35 obtained to the extent and in the manner the commissioner deems 26.36 necessary to project the future availability, value, and 27.1 utilization of the metallic mineral resources of this state. In 27.2 making such projections the commissioner of revenue may consult 27.3 with,and provide appropriate dataas deemed appropriateto,the 27.4 commissioner of natural resources. 27.5 Sec. 37. Minnesota Statutes 1998, section 298.48, 27.6 subdivision 4, is amended to read: 27.7 Subd. 4. [CONFIDENTIAL NATURE OF INFORMATION.] The data 27.8 filed pursuant to subdivision 1shall be consideredare 27.9 confidential data as defined in section 13.02 for three years 27.10 from the dateit isthe data are filed with the commissioner. 27.11Nothing herein contained shall be construed to prohibit the27.12commissioner from disclosing information or publishing27.13statistics so classified as not to disclose the identity of27.14particular data.27.15 Notwithstanding the other provisions of this subdivision, 27.16 the commissioner may furnish any information supplied under this 27.17 section to the commissioner of natural resources, the 27.18 commissioner of trade and economic development, or a county 27.19 assessor.Any person violating the provisions of this section27.20shall be guilty of a gross misdemeanor.27.21 Sec. 38. Minnesota Statutes 1998, section 299C.065, 27.22 subdivision 4, is amended to read: 27.23 Subd. 4. [DATA CLASSIFICATION.] Data in an applicationto27.24the commissionerformoney isa grant under this section are 27.25 confidentialrecorddata as defined in section 13.02. 27.26 Information within investigative files that identifies or could 27.27 reasonably be used to ascertain the identity of assisted 27.28 witnesses, sources, or undercover investigators isa27.29 confidentialrecorddata on individuals. A report at the 27.30 conclusion of an investigation isapublicrecorddata, except 27.31 thatinformationdata in a reportpertaining toon the identity 27.32 or location of an assisted witnessisare private data. 27.33 Sec. 39. Minnesota Statutes 1998, section 319B.11, 27.34 subdivision 6, is amended to read: 27.35 Subd. 6. [EXAMINATION BY BOARD.] (a) A board, or an 27.36 employee or agent designated by a board, may inspect at all 28.1 reasonable times all books and records of a professional firm 28.2 and may summon and examine under oath the owners, directors, 28.3 governors, officers, managers, persons occupying a position with 28.4 governance authority, and employees of the firm in all matters 28.5 concerning the operations of the professional firm that are 28.6 governed by sections 319B.01 to 319B.12, the rules of the board, 28.7 or the professional firm's generally applicable governing law. 28.8 This subdivision does not authorize anyone to have access to or 28.9 to compel anyone to testify with respect to books, records, or 28.10 information of any type subject to a privilege recognized by law. 28.11 (b) Any information obtained by a board as a result of an 28.12 examination authorized by paragraph (a) isconfidentialprivate 28.13 data as defined in section 13.02, immune from subpoena, and 28.14 inadmissible as evidence at a trial, hearing, or proceeding 28.15 before a court, board, or commissioner except a proceeding under 28.16 subdivision 8. 28.17 (c) A professional firm subject to an examination under 28.18 paragraph (a) may request in writing that the board under whose 28.19 authority the examination is being or has been conducted provide 28.20 the professional firm with a copy of all or any specified parts 28.21 of the sworn testimony taken or received during the examination 28.22 as well as all or any specified exhibits provided as part of 28.23 that testimony. The board must comply promptly with the request 28.24 and may charge the requesting firm the reasonable cost of making 28.25 and providing the copies. 28.26 Sec. 40. Minnesota Statutes 1998, section 469.154, 28.27 subdivision 2, is amended to read: 28.28 Subd. 2. [LOCAL REQUEST FOR ASSISTANCE.] Any municipality 28.29 or redevelopment agency contemplating the exercise of the powers 28.30 granted by sections 469.152 to 469.165 may apply to the 28.31 commissioner for information, advice, and assistance. The 28.32 commissioner mayhandle suchtreat the preliminary information 28.33in a confidential manner,as private data not on individuals as 28.34 defined in section 13.02 to the extent requested by the 28.35 municipality. 28.36 Sec. 41. Minnesota Statutes 1998, section 471.617, 29.1 subdivision 5, is amended to read: 29.2 Subd. 5. [NONDISCLOSURE OF CLAIMS; EXCEPTION.]No29.3political subdivision or its employee or agent shall disclose29.4any information aboutData on individual claims or total claims 29.5 of an individualwithout the consent of the individualare 29.6 private data on individuals as defined in section 13.02, except 29.7 that the information may be disclosed to officers, employees, or 29.8 agents of the political subdivision to the extent necessary to 29.9 enable them to perform their duties in administering the health 29.10 benefit program.This provision shall not prevent the29.11disclosure of aggregate claims for the group without29.12identification of any individual.29.13A parent or legal guardian of a minor is authorized to act29.14on behalf of the minor in the disclosure of a record.29.15 Sec. 42. Minnesota Statutes 1998, section 626.53, 29.16 subdivision 1, is amended to read: 29.17 Subdivision 1. [REPORTS TO SHERIFFS AND POLICE CHIEFS.] 29.18 The report required by section 626.52, subdivision 2,shallmust 29.19 be made forthwith by telephone or in person, andshallmust be 29.20 promptly supplemented by letter, enclosed in a securely sealed, 29.21 postpaid envelope, addressed to the sheriff of the county in 29.22 which the wound is examined, dressed, or otherwise treated; 29.23 except that, if the place in which the patient is treated for 29.24 such injury or the patient's wound dressed or bandaged be in a 29.25 city of the first, second, or third class, such report shall be 29.26 made and transmitted as herein provided to the chief of police 29.27 of such city instead of the sheriff. Except as otherwise 29.28 provided in subdivision 2, the report is confidential data on 29.29 individuals as defined in section 13.02, and the office of any 29.30 such sheriff and of any such chief of policeshallmust keep the 29.31 reportas aconfidentialcommunicationandshallmust not 29.32 disclose the name of the person making thesame, andreport. 29.33 The party making the reportshallmust notby reason thereofbe 29.34 subpoenaed, examined, or forced to testify in court as a 29.35 consequence of having made such a report. 29.36 Sec. 43. [REPEALER.] 30.1 Minnesota Statutes 1998, sections 144.58; and 297D.13, 30.2 subdivisions 2 and 3, are repealed. 30.3 ARTICLE 2 30.4 TERMINOLOGY CHANGES 30.5 Section 1. Minnesota Statutes 1998, section 3.97, 30.6 subdivision 11, is amended to read: 30.7 Subd. 11. "Audit" as used in this subdivision means a 30.8 financial audit, a program evaluation, a best practices review, 30.9 or an investigation. Data relating to an audit arenot public30.10or with respect to data on individuals areconfidential until 30.11 the final report of the audit has been published or the audit is 30.12 no longer being actively pursued. Data that support the 30.13 conclusions of the report and that the legislative auditor 30.14 reasonably believes will result in litigation arenot public and30.15with respect to data on individuals areconfidential until the 30.16 litigation has been completed or is no longer being actively 30.17 pursued. Data on individuals that could reasonably be used to 30.18 determine the identity of an individual supplying data for an 30.19 audit are private if the data supplied by the individual were 30.20 needed for an audit and the individual would not have provided 30.21 the data to the legislative auditor without an assurance that 30.22 the individual's identity would remain private, or the 30.23 legislative auditor reasonably believes that the subject would 30.24 not have provided the data. The definitions of terms provided 30.25 in section 13.02 apply for purposes of this subdivision. 30.26 Sec. 2. Minnesota Statutes 1998, section 6.715, 30.27 subdivision 2, is amended to read: 30.28 Subd. 2. [CLASSIFICATION.] Data relating to an audit 30.29 areprotected nonpublic data orconfidential dataon30.30individuals,until the final report of the audit has been 30.31 published or the audit is no longer being actively pursued. 30.32 Data that support the conclusions of the report and that the 30.33 state auditor reasonably believes will result in litigation are 30.34protected nonpublic data orconfidential dataon individuals,30.35 until the litigation has been completed or is no longer being 30.36 actively pursued. Data on individuals that could reasonably be 31.1 used to determine the identity of an individual supplying data 31.2 for an audit are private data if the data supplied by the 31.3 individual were needed for an audit and the individual would not 31.4 have provided the data to the state auditor without an assurance 31.5 that the individual's identity would remain private, or the 31.6 state auditor reasonably believes that the subject would not 31.7 have provided the data. Data that could reasonably be used to 31.8 determine the identity of an individual supplying data pursuant 31.9 to section 609.456 are private data. "Confidential data" and 31.10 "private data," as used in this subdivision, have the meanings 31.11 given in section 13.02. 31.12 Sec. 3. Minnesota Statutes 1998, section 10A.02, 31.13 subdivision 12, is amended to read: 31.14 Subd. 12. [ADVISORY OPINIONS.] (a) The board may issue and 31.15 publish advisory opinions on the requirements of this chapter 31.16 based upon real or hypothetical situations. An application for 31.17 an advisory opinion may only be madeonlyby an individual or 31.18 association who wishes to use the opinion to guide the 31.19 individual's or the association's own conduct. The boardshall31.20 must issue written opinions on all such questions submitted to 31.21 it within 30 days after receipt of written application, unless a 31.22 majority of the board agrees to extend the time limit. 31.23 (b) A written advisory opinion issued by the board is 31.24 binding on the board in any subsequent board proceeding 31.25 concerning the person making or covered by the request and is a 31.26 defense in a judicial proceeding that involves the subject 31.27 matter of the opinion and is brought against the person making 31.28 or covered by the request unless: 31.29 (1) the board has amended or revoked the opinion before the 31.30 initiation of the board or judicial proceeding, has notified the 31.31 person making or covered by the request of its action, and has 31.32 allowed at least 30 days for the person to do anything that 31.33 might be necessary to comply with the amended or revoked 31.34 opinion; 31.35 (2) the request has omitted or misstated material facts; or 31.36 (3) the person making or covered by the request has not 32.1 acted in good faith in reliance on the opinion. 32.2 (c) A request for an opinion and the opinion itself are 32.3nonpublicprivate data, as defined in section 13.02, subdivision 32.4 12. The board, however, may publish an opinion or a summary of 32.5 an opinion, butmaymust not include in the publication the name 32.6 of the requester, the name of a person covered by a request from 32.7 an agency or political subdivision, or any other information 32.8 that might identify the requester unless the person consents to 32.9 the inclusion. 32.10 Sec. 4. Minnesota Statutes 1998, section 13.02, 32.11 subdivision 3, is amended to read: 32.12 Subd. 3. [CONFIDENTIAL DATAON INDIVIDUALS.] "Confidential 32.13 dataon individuals" means datawhich, whether on individuals or 32.14 not on individuals, that is madenot public, by statute or 32.15 federal law applicable to the dataand is, inaccessible to the 32.16individualpublic and to the subject ofthatthe data. 32.17 Sec. 5. Minnesota Statutes 1998, section 13.02, is amended 32.18 by adding a subdivision to read: 32.19 Subd. 7a. [GOVERNMENT ENTITY.] "Government entity" means a 32.20 state agency, statewide system, or political subdivision. 32.21 Sec. 6. Minnesota Statutes 1998, section 13.02, 32.22 subdivision 12, is amended to read: 32.23 Subd. 12. [PRIVATE DATAON INDIVIDUALS.] "Private dataon32.24individuals" means datawhich, whether on individuals or not on 32.25 individuals, that is made, by statute or federal law applicable 32.26 to the data: (a) not public; and (b), inaccessible to the 32.27 public but accessible to theindividualsubject ofthatthe 32.28 data. 32.29 Sec. 7. Minnesota Statutes 1998, section 13.02, 32.30 subdivision 14, is amended to read: 32.31 Subd. 14. [PUBLIC DATANOT ON INDIVIDUALS.] "Public 32.32 datanot on individuals" means datawhich, whether on 32.33 individuals or not on individuals, that is accessible to the 32.34 public pursuant to section 13.03. 32.35 Sec. 8. Minnesota Statutes 1998, section 13.02, is amended 32.36 by adding a subdivision to read: 33.1 Subd. 15a. [REPRESENTATIVE OF THE 33.2 DECEDENT.] "Representative of the decedent" means the personal 33.3 representative of the estate of the decedent during the period 33.4 of administration. If no personal representative has been 33.5 appointed or after discharge of the personal representative, 33.6 representative of the decedent means the surviving spouse, a 33.7 child of the decedent, or, if there is no surviving spouse or 33.8 child, a parent of the decedent. 33.9 Sec. 9. Minnesota Statutes 1998, section 13.03, is amended 33.10 to read: 33.11 13.03 [ACCESS TO GOVERNMENT DATA.] 33.12 Subdivision 1. [PUBLIC DATA.] All government data 33.13 collected, created, received, maintained or disseminated by a 33.14state agency, political subdivision, or statewide system shall33.15begovernment entity are public unless classified by statute,or33.16 temporary classificationpursuant tounder section 13.06, or 33.17 federal law,asnonpublic or protected nonpublic, or with33.18respect to data on individuals, asprivate or confidential. The 33.19 responsible authority in everystate agency, political33.20subdivision and statewide system shallgovernment entity must 33.21 keep records containing government data insuchan arrangement 33.22 and conditionas to makethat makes them easily accessible for 33.23 convenient use. Photographic, photostatic, microphotographic, 33.24 or microfilmed recordsshall beare consideredasaccessible for 33.25 convenient use regardless of the size ofsuchthe records. 33.26 Subd. 2. [PROCEDURES.] The responsible authority in every 33.27state agency, political subdivision, and statewide system33.28shallgovernment entity must establish procedures, consistent 33.29 with this chapter, to insure that requests for government data 33.30 are received and complied with in an appropriate and prompt 33.31 manner. Full convenience and comprehensive accessibilityshall33.32 must be allowed to researchers including historians, 33.33 genealogists, and other scholars to carry out extensive research 33.34 and complete copying of all records containing government data, 33.35 except as otherwise expressly provided by law. A responsible 33.36 authority may designate one or more designees. 34.1 Subd. 3. [REQUEST FOR ACCESS TO DATA.] Upon request to a 34.2 responsible authority or designee, a personshallmust be 34.3 permitted to inspect and copy public government data at 34.4 reasonable times and places, and, upon request,shallmust be 34.5 informed of the data's meaning. If a person requests access for 34.6 the purpose of inspection, the responsible authoritymaymust 34.7 not assess a charge or require the requesting person to pay a 34.8 fee to inspect data. The responsible authority or 34.9 designeeshallmust provide copies of public data upon request. 34.10 If a person requests copies or electronic transmittal of the 34.11 data to the person, the responsible authority may require the 34.12 requesting person to pay the actual costs of searching for and 34.13 retrieving government data, including the cost of employee time, 34.14 and for making, certifying, compiling, and electronically 34.15 transmitting the copies of the data or the data, but may not 34.16 charge for separating public fromnot publicprivate or 34.17 confidential data. If the responsible authority or designee is 34.18 not able to provide copies at the time a request is made, copies 34.19shallmust be supplied as soon as reasonably possible. 34.20 When a request under this subdivision involvesanya 34.21 person's receipt of copies of public government data that has 34.22 commercial value and is a substantial and discrete portion of or 34.23 an entire formula, pattern, compilation, program, device, 34.24 method, technique, process, database, or system developed with a 34.25 significant expenditure of public funds by theagencygovernment 34.26 entity, the responsible authority may charge a reasonable fee 34.27 for the information in addition to the costs of making, 34.28 certifying, and compiling the copies. Any fee charged must be 34.29 clearly demonstrated by theagencygovernment entity to relate 34.30 to the actual development costs of the information. The 34.31 responsible authority, upon the request ofanya person, shall 34.32 provide sufficient documentation to explain and justify the fee 34.33 being charged. 34.34 If the responsible authority or designee determines that 34.35 the requested data is classified so as to deny the requesting 34.36 person access, the responsible authority or designeeshallmust 35.1 inform the requesting person of the determination either orally 35.2 at the time of the request, or in writing as soon after that 35.3 time as possible, andshallmust cite the specific statutory 35.4 section, temporary classification, or specific provision of 35.5 federal law on which the determination is based. Upon the 35.6 request ofanya person denied access to data, the responsible 35.7 authority or designeeshallmust certify in writing that the 35.8 request has been denied and cite the specific statutory section, 35.9 temporary classification, or specific provision of federal law 35.10 upon which the denial was based. 35.11 Subd. 4. [CHANGE IN CLASSIFICATION OF DATA; EFFECT OF 35.12 DISSEMINATION AMONGAGENCIESGOVERNMENT ENTITIES.] (a) The 35.13 classification of data in the possession ofan agency shalla 35.14 government entity must change if it is required to do so to 35.15 comply with either judicial or administrative rules pertaining 35.16 to the conduct of legal actions or with a specific statute 35.17 applicable to the data in the possession of the disseminating or 35.18 receivingagencygovernment entity. 35.19 (b) If data on individuals is classified as both private 35.20 and confidential by this chapter, or any other statute or 35.21 federal law, the data is private. 35.22 (c) To the extent that government data is disseminated to 35.23state agencies, political subdivisions, or statewide systemsa 35.24 government entity by anotherstate agency, political35.25subdivision, or statewide systemgovernment entity, the data 35.26 disseminatedshallmust have the same classification in the 35.27 hands of theagencygovernment entity receiving it as it had in 35.28 the hands of the government entity providing it. 35.29 (d) If astate agency, statewide system, or political35.30subdivisiongovernment entity disseminates data to anotherstate35.31agency, statewide system, or political subdivisiongovernment 35.32 entity, a classification provided for by law in the hands of the 35.33 government entity receiving the data does not affect the 35.34 classification of the data in the hands of the government entity 35.35 that disseminates the data. 35.36 Subd. 5. [COPYRIGHT OR PATENT OF COMPUTER PROGRAM.] 36.1Nothing inNeither this chapterornor any other statuteshall36.2be construed to prevent a state agency, statewide system, or36.3political subdivisionprevents a government entity from 36.4 acquiring a copyright or patent for a computer software program 36.5 or components of a program created bythatthe governmentagency36.6 entity.In the event thatIf a governmentagencyentity does 36.7 acquire a patent or copyright to a computer software program or 36.8 component of a program, the datashallmust be treated as trade 36.9 secret information pursuant to section 13.37. 36.10 Subd. 6. [DISCOVERABILITY OFNOT PUBLICPRIVATE OR 36.11 CONFIDENTIAL DATA.] If astate agency, political subdivision, or36.12statewide systemgovernment entity opposes discovery of 36.13 government data or release of data pursuant to court order on 36.14 the grounds that the data are classified asnot publicprivate 36.15 or confidential, the party that seeks access to the data may 36.16 bring before the appropriate presiding judicial officer, 36.17 arbitrator, or administrative law judge an action to compel 36.18 discovery or an action in the nature of an action to compel 36.19 discovery. 36.20 The presiding officershallmust first decide whether the 36.21 data are discoverable or releasable pursuant to the rules of 36.22 evidence and of criminal, civil, or administrative procedure 36.23 appropriate to the action. 36.24 If the data are discoverable the presiding officershall36.25 must decide whether the benefit to the party seeking access to 36.26 the data outweighs any harm to the confidentiality interests of 36.27 theagencygovernment entity maintaining the data, or of any 36.28 person who has provided the data or who is the subject of the 36.29 data, or to the privacy interest of an individual identified in 36.30 the data. In making the decision, the presiding officershall36.31 must consider whether notice to the subject of the data is 36.32 warranted and, if warranted, what type of notice must be given. 36.33 The presiding officer may fashion and issue any protective 36.34 orders necessary to assure proper handling of the data by the 36.35 parties. If the data are a videotape of a child victim or 36.36 alleged victim alleging, explaining, denying, or describing an 37.1 act of physical or sexual abuse, the presiding officershall37.2 must consider the provisions of section 611A.90, subdivision 2, 37.3 paragraph (b). 37.4 Subd. 7. [DATA TRANSFERRED TO ARCHIVES.] When government 37.5 data that is classified asnot publicprivate or confidential by 37.6 this chapter or any other statute, including private data on37.7decedents and confidential data on decedents,is physically 37.8 transferred to the state archives, the datashallare no longer 37.9beclassified asnot publicprivate or confidential and access 37.10 to and use of the datashall beare governed by section 138.17. 37.11 Subd. 8. [CHANGE TO CLASSIFICATION OF DATA NOT ON 37.12 INDIVIDUALS.] Except for security information,nonpublicprivate 37.13 andprotected nonpublicconfidential datashall becomenot on 37.14 individuals becomes public either ten years after the creation 37.15 of the data by the governmentagencyentity or ten years after 37.16 the data was received or collected byany governmental agencya 37.17 government entity unless the responsible authority for the 37.18 originating or custodialagencygovernment entity for the data 37.19 reasonably determines that, if the data were made available to 37.20 the public or to the data subject, the harm to the public or to 37.21 a data subject would outweigh the benefit to the public or to 37.22 the data subject. If the responsible authority denies access to 37.23 the data, the person denied access may challenge the denial by 37.24 bringing an action in district court seeking release of the 37.25 data. The actionshallmust be brought in the district court 37.26 located in the county where the data are being maintained, or, 37.27 in the case of data maintained by astate agencygovernment 37.28 entity, in any county. The data in disputeshallmust be 37.29 examined by the court in camera. In deciding whether or not to 37.30 release the data, the courtshallmust consider the benefits and 37.31 harms in the same manner as set forth above. The courtshall37.32 must make a written statement of findings in support of its 37.33 decision. 37.34 Subd. 9. [EFFECT OF CHANGES IN CLASSIFICATION OF DATA.] 37.35 Unless otherwise expressly provided by a particular statute, the 37.36 classification of data is determined by the law applicable to 38.1 the data at the time a request for access to the data is made, 38.2 regardless of the data's classification at the time it was 38.3 collected, created, or received. 38.4 Subd. 10. [COSTS FOR PROVIDING COPIES OF DATA.] Money 38.5 collected by a responsible authority in a state agency for the 38.6 actual cost to the agency of providing copies or electronic 38.7 transmittal of government data is appropriated to the agency and 38.8 added to the appropriations from which the costs were paid. 38.9 Subd. 11. [TREATMENT OF PRIVATE OR CONFIDENTIAL DATA 38.10CLASSIFIED AS NOT PUBLIC; PUBLIC MEETINGS.]Not publicPrivate 38.11 or confidential data may be discussed at a meeting open to the 38.12 public to the extent provided in section 471.705, subdivision 1d. 38.13 Sec. 10. Minnesota Statutes 1998, section 13.04, is 38.14 amended to read: 38.15 13.04 [RIGHTS OF INDIVIDUAL SUBJECTS OF DATA.] 38.16 Subdivision 1. [TYPE OF DATA.] The rights of individuals 38.17 on whomthedata is stored or to be storedshall be asare set 38.18 forth in this section. 38.19 Subd. 2. [INFORMATION REQUIRED TO BE GIVEN INDIVIDUAL.] An 38.20 individual asked to supply private or confidential data 38.21 concerning the individual shall be informed of: (a) the purpose 38.22 and intended use of the requested data within the collecting 38.23state agency, political subdivision, or statewide38.24systemgovernment entity; (b) whether the individual may refuse 38.25 or is legally required to supply the requested data; (c) any 38.26 known consequence arising from supplying or refusing to supply 38.27 private or confidential data; and (d) the identity of other 38.28 persons or entities authorized by state or federal law to 38.29 receive the data. This requirementshalldoes not apply when an 38.30 individual is asked to supply investigative data, pursuant to 38.31 section 13.82, subdivision 5, to a law enforcement officer. 38.32 Subd. 3. [ACCESS TO DATA BY INDIVIDUAL.] Upon request to a 38.33 responsible authority, an individualshallmust be informed 38.34 whether the individual is the subject of stored data on 38.35 individuals, and whetheritthe data is classified as public, 38.36 private or confidential. Upon further request, an individual 39.1 who is the subject of stored private or public data on 39.2 individualsshallmust be shown the data without any charge and, 39.3 if desired,shallmust be informed of the content and meaning of 39.4 that data. After an individual has been shown the private data 39.5 and informed of its meaning, the data need not be disclosed to 39.6 that individual for six months thereafter unless a dispute or 39.7 actionpursuant tounder this section is pending or additional 39.8 data on the individual has been collected or created. The 39.9 responsible authorityshallmust provide copies of the private 39.10 or public data upon request by the individual subject of the 39.11 data. The responsible authority may require the requesting 39.12 person to pay the actual costs of making, certifying, and 39.13 compiling the copies. 39.14 The responsible authorityshallmust comply immediately, if 39.15 possible, with any request madepursuant tounder this 39.16 subdivision, or within five days of the date of the request, 39.17 excluding Saturdays, Sundays and legal holidays, if immediate 39.18 compliance is not possible. If unable to comply with the 39.19 request within that time, the responsible authority shallso39.20 inform the individual,and may have an additional five days 39.21 within which to comply with the request, excluding Saturdays, 39.22 Sundays and legal holidays. 39.23 Subd. 4. [PROCEDURE WHEN DATA IS NOT ACCURATE OR 39.24 COMPLETE.] (a) An individual subject ofthedata may contest the 39.25 accuracy or completeness of public or private data. To exercise 39.26 this right, an individualshallmust notify in writing the 39.27 responsible authority describing the nature of the 39.28 disagreement. The responsible authorityshallmust, within 30 39.29 days either: (1) correct the data found to be inaccurate or 39.30 incomplete and attempt to notify past recipients of inaccurate 39.31 or incomplete data, including recipients named by the 39.32 individual; or (2) notify the individual that the authority 39.33 believes the data to be correct. Data in disputeshallmust 39.34 only be disclosedonlyif the individual's statement of 39.35 disagreement is included with the disclosed data. 39.36 The determination of the responsible authority may be 40.1 appealedpursuant tounder the provisions of the Administrative 40.2 Procedure Act relating to contested cases. Upon receipt of an 40.3 appeal by an individual, the commissionershallmust, before 40.4 issuing the order and notice of a contested case hearing 40.5 required by chapter 14, try to resolve the dispute through 40.6 education, conference, conciliation, or persuasion. If the 40.7 parties consent, the commissioner may refer the matter to 40.8 mediation. Following these efforts, the commissionershallmust 40.9 dismiss the appeal or issue the order and notice of hearing. 40.10 (b) Data onindividualsan individual that have been 40.11 successfully challenged byanthe individual must be completed, 40.12 corrected, or destroyed by astate agency, political40.13subdivision, or statewide systemgovernment entity without 40.14 regard to the requirements of section 138.17. 40.15 After completing, correcting, or destroying successfully 40.16 challenged data, astate agency, political subdivision, or40.17statewide systemgovernment entity may retain a copy of the 40.18 commissioner of administration's order issued under chapter 14 40.19 or, if no orderwerewas issued, a summary of the dispute 40.20 between the parties that does not contain any particulars of the 40.21 successfully challenged data. 40.22 Subd. 5. [EDUCATION RECORDS; CHILD WITH A DISABILITY.] 40.23Nothing in this chapter shall be construed as limitingThis 40.24 chapter does not limit the frequency of inspection of the 40.25 educational records of a child with a disability by the child's 40.26 parent or guardian or by the child uponthe childreaching the 40.27 age of majority.An agencyA government entity or institution 40.28 may not charge a fee to search for or to retrieve the 40.29 educational records.An agencyA government entity or 40.30 institution that receives a request for copies of the 40.31 educational records of a child with a disability may charge a 40.32 fee that reflects the costs of reproducing the records except 40.33 whento dodoing so would impair the ability of the child's 40.34 parent or guardian, or the child who has reached the age of 40.35 majority, to exercise their right to inspect and review those 40.36 records. 41.1 Sec. 11. Minnesota Statutes 1998, section 13.05, 41.2 subdivision 1, is amended to read: 41.3 Subdivision 1. [PUBLIC DOCUMENT OF DATA CATEGORIES.] The 41.4 responsible authorityshallof each government entity must 41.5 prepare a public document containing the authority's name, title 41.6 and address, and a description of each category of record, file, 41.7 or process relating to private or confidential data on 41.8 individuals maintained by theauthority's state agency,41.9statewide system, or political subdivisiongovernment entity. 41.10 Forms used to collect private and confidential datashallon 41.11 individuals must be included in the public document.Beginning41.12August 1, 1977 and annually thereafter,The responsible 41.13 authorityshallmust annually update the public document and 41.14 make any changes necessary to maintain the accuracy of the 41.15 document. The documentshallmust be available to the public 41.16 from the responsible authorityto the publicin accordance with 41.17 the provisions of sections 13.03 and 15.17. 41.18 Sec. 12. Minnesota Statutes 1998, section 13.05, 41.19 subdivision 4, is amended to read: 41.20 Subd. 4. [LIMITATIONS ON COLLECTION AND USE OF DATA.] 41.21 Private or confidential data on an individualshallmust not be 41.22 collected, stored, used, or disseminated bypolitical41.23subdivisions, statewide systems, or state agenciesgovernment 41.24 entities for any purposes other than those stated to the 41.25 individual at the time of collection in accordance with section 41.26 13.04, except as provided in this subdivision. 41.27 (a) Data on individuals collected prior to August 1, 1975, 41.28 and which have not been treated as public data, may be used, 41.29 stored, and disseminated for the purposes for which the data was 41.30 originally collected or for purposes which are specifically 41.31 approved by the commissioner as necessary to public health, 41.32 safety, or welfare. 41.33 (b) Private or confidential data on individuals may be used 41.34 and disseminated to individuals oragenciesgovernment entities 41.35 specifically authorized access tothatthe data by state, local, 41.36 or federal law enacted or promulgated after the collection of 42.1 the data. 42.2 (c) Private or confidential data on individuals may be used 42.3 and disseminated to individuals oragenciesgovernment entities 42.4 subsequent to the collection of the datawhenif the responsible 42.5 authority maintaining the data has requested approval for a new 42.6 or different use or dissemination of the data and that request 42.7 has been specifically approved by the commissioner as necessary 42.8 to carry out a function assigned by law. 42.9 (d) Private data on individuals may be used by and 42.10 disseminated toanya personor agency, government entity, or 42.11 federal agency if the individual subject or subjects of the data 42.12 have given their informed consent. Whether a data subject has 42.13 given informed consentshallmust be determined by rules of the 42.14 commissioner. Informed consentshallmust not be deemed to have 42.15 been given by an individual subject of the data by the signing 42.16 ofanya statement authorizinganya person oragency42.17 government entity to disclose information about the individual 42.18 to an insurer or its authorized representative, unless the 42.19 statement is: 42.20 (1) in plain language; 42.21 (2) dated; 42.22 (3) specific in designating the particular persons or 42.23 agencies the data subject is authorizing to disclose information 42.24 about the data subject; 42.25 (4) specific as to the nature of the information the 42.26 subject is authorizing to be disclosed; 42.27 (5) specific as to the persons or agencies to whom the 42.28 subject is authorizing information to be disclosed; 42.29 (6) specific as to the purpose or purposes for which the 42.30 information may be used by any of the parties named in clause 42.31 (5), both at the time of the disclosure and at any time in the 42.32 future; 42.33 (7) specific as to its expiration date which should be 42.34 within a reasonable period of time, not to exceed one year; 42.35 except in the case of authorizations given in connection with 42.36 applications for life insurance or noncancelable or guaranteed 43.1 renewable health insurance and identified as such, the 43.2 expiration date may be two years after the date of the policy. 43.3 The responsible authority may require a person requesting 43.4 copies of data under this paragraph to pay the actual costs of 43.5 making, certifying, and compiling the copies. 43.6 (e) Private or confidential data on an individual may be 43.7 discussed at a meeting open to the public to the extent provided 43.8 in section 471.705, subdivision 1d. 43.9 Sec. 13. Minnesota Statutes 1998, section 13.05, 43.10 subdivision 6, is amended to read: 43.11 Subd. 6. [CONTRACTS.] Except as provided in section 13.46, 43.12 subdivision 5, in any contract between agovernmental unit43.13 government entity subject to this chapter and any person, when 43.14 the contract requires that data on individuals be made available 43.15 to the contracting parties by thegovernmental unitgovernment 43.16 entity, that datashallmust be administered consistent with 43.17 this chapter. A contracting partyshallmust maintain the data 43.18 on individuals which it received according to the statutory 43.19 provisions applicable to the data. 43.20 Sec. 14. Minnesota Statutes 1998, section 13.05, 43.21 subdivision 8, is amended to read: 43.22 Subd. 8. [PUBLICATION OF ACCESS PROCEDURES.] The 43.23 responsible authorityshallmust prepare a public document 43.24 setting forth in writing the rights of the data subjectpursuant43.25tounder section 13.04 and the specific procedures in effect in 43.26 thestate agency, statewide system or political43.27subdivisiongovernment entity for access by the data subject to 43.28 public or private data on individuals. 43.29 Sec. 15. Minnesota Statutes 1998, section 13.05, 43.30 subdivision 9, is amended to read: 43.31 Subd. 9. [INTERGOVERNMENTAL ACCESS OF DATA.] A responsible 43.32 authorityshallmust allow another responsible authority access 43.33 to data classified asnot publicprivate or confidential only 43.34 when the access is authorized or required by statute or federal 43.35 law.An agencyA government entity that supplies government 43.36 data under this subdivision may require the requestingagency44.1 government entity to pay the actual cost of supplying the data. 44.2 Sec. 16. Minnesota Statutes 1998, section 13.06, is 44.3 amended to read: 44.4 13.06 [TEMPORARY CLASSIFICATION.] 44.5 Subdivision 1. [APPLICATION TO COMMISSIONER.] 44.6 Notwithstanding the provisions of section 13.03, the responsible 44.7 authority of astate agency, political subdivision, or statewide44.8systemgovernment entity may apply to the commissioner for 44.9 permission to classify data or types of dataon individualsas 44.10 private or confidential, or data not on individuals as nonpublic44.11or protected nonpublic,for its own use and for the use of other 44.12 similaragencies, political subdivisions, or statewide44.13systemsgovernment entities on a temporary basis until a 44.14 proposed statute can be acted upon by the legislature. The 44.15 application for temporary classification is public. 44.16 Upon the filing of an application for temporary 44.17 classification, the datawhichthat is the subject of the 44.18 applicationshallmust be deemed to be classified as set forth 44.19 in the application for a period of 45 days, or until the 44.20 application is disapproved, rejected, or granted by the 44.21 commissioner, whichever is earlier. 44.22 If the commissioner determines that an application has been 44.23 submitted for purposes not consistent with this section, the 44.24 commissioner may immediately reject the application, give notice 44.25 of that rejection to the applicant, and return the application. 44.26 When the applicant receives the notice of rejection from the 44.27 commissioner, the datawhichthat was the subject of the 44.28 applicationshallmust have the classification it had before the 44.29 application was submitted to the commissioner. 44.30 Subd. 2. [CONTENTS OF APPLICATION FOR PRIVATE OR 44.31 CONFIDENTIAL DATA ON INDIVIDUALS.] An application for temporary 44.32 classification of data on individualsshall includemust state, 44.33 and the applicant shall have the burden of clearly establishing, 44.34 that no statute currently exists which either allows or forbids 44.35 classification of the data as private or confidential; and 44.36either45.1(a)(1) that data similar to that for which the temporary 45.2 classification is sought has been treated as either private or 45.3 confidential by other state agencies or political subdivisions, 45.4 and by the public; or 45.5(b)(2) that a compelling need exists for immediate 45.6 temporary classification, which if not granted could adversely 45.7 affect the public interest or the health, safety, well being or 45.8 reputation of the individual data subject. 45.9 Subd. 3. [CONTENTS OF APPLICATION FORNONPUBLIC OR45.10NONPUBLIC PROTECTEDDATA NOT ON INDIVIDUALS.] An application for 45.11 temporary classification of government data not on individuals 45.12shall includemust state, and the applicantshallmust have the 45.13 burden of clearly establishing, that no statute currently exists 45.14 which either allows or forbids classification asnonpublic45.15 private orprotected nonpublicconfidential; andeitherthat: 45.16(a) That(1) data similar to that for which the temporary 45.17 classification is sought has been treated asnonpublicprivate 45.18 orprotected nonpublicconfidential by other state agencies or 45.19 political subdivisions, and by the public;or45.20(b)(2) public access to the data would render unworkable a 45.21 program authorized by law; or 45.22(c) That(3) a compelling need exists for immediate 45.23 temporary classification, which if not granted could adversely 45.24 affect the health, safety or welfare of the public. 45.25 Subd. 4. [PROCEDURE WHEN CLASSIFICATION AFFECTS OTHERS.] 45.26 If the commissioner determines that an application for temporary 45.27 classification involves datawhichthat would reasonably be 45.28 classified in the same manner by allagencies, political45.29subdivisions, or statewide systemsgovernment entities similar 45.30 to the onewhichthat made the application, the commissioner may 45.31 approve or disapprove the classification for data of the 45.32 kindwhichthat is the subject of the application for the use of 45.33 allagencies, political subdivisions, or statewide45.34systemsgovernment entities similar to the applicant. On 45.35 deeming this approach advisable, the commissionershallmust 45.36 provide notice of the proposed action by publication in the 46.1 state register and by notification to the intergovernmental 46.2 information systems advisory council, within ten days of 46.3 receiving the application. Within 30 days after publication in 46.4 the state register and notification to the council, an 46.5 affectedagency, political subdivision,government entity or the 46.6 public, or statewide systemmay submit comments on the 46.7 commissioner's proposal. The commissionershallmust consider 46.8 any comments received when granting or denying a classification 46.9 for data of the kindwhichthat is the subject of the 46.10 application, for the use of allagencies, political46.11subdivisions, or statewide systemsgovernment entities similar 46.12 to the applicant. Within 45 days after the close of the period 46.13 for submitting comment, the commissionershallmust grant or 46.14 disapprove the application. Applications processed under this 46.15 subdivisionshallmust be either approved or disapproved by the 46.16 commissioner within 90 days of the receipt of the application. 46.17 For purposes of subdivision 1, the datawhichthat is the 46.18 subject of the classificationshallmust be deemedto be46.19 classified as set forth in the application for a period of 90 46.20 days, or until the application is disapproved or granted by the 46.21 commissioner, whichever is earlier. If requested in the 46.22 application, or determined to be necessary by the commissioner, 46.23 the data in the application shall be so classified for 46.24 allagencies, political subdivisions, or statewide46.25systemsgovernment entities similar to the applicant until the 46.26 application is disapproved or granted by the commissioner, 46.27 whichever is earlier. Proceedings after the grant or 46.28 disapprovalshallmust be governed by the provisions of 46.29 subdivision 5. 46.30 Subd. 5. [DETERMINATION.] The commissionershallmust 46.31 either grant or disapprove the application for temporary 46.32 classification within 45 days after it is filed. On 46.33 disapproving an application, the commissionershallmust set 46.34 forth in detail reasons for the disapproval, andshallmust 46.35 include a statement of belief as to what classification is 46.36 appropriate for the datawhichthat is the subject of the 47.1 application. Twenty days after the date of the commissioner's 47.2 disapproval of an application, the datawhichthat is the 47.3 subject of the applicationshallbecome public data, unless the 47.4 responsible authority submits an amended application for 47.5 temporary classificationwhichthat requests the classification 47.6 deemed appropriate by the commissioner in the statement of 47.7 disapproval orwhichthat sets forth additional information 47.8 relating to the original proposed classification. Upon the 47.9 filing of an amended application, the datawhichthat is the 47.10 subject of the amended application shall be deemed to be 47.11 classified as set forth in the amended application for a period 47.12 of 20 days or until the amended application is granted or 47.13 disapproved by the commissioner, whichever is earlier. The 47.14 commissionershallmust either grant or disapprove the amended 47.15 application within 20 days after it is filed. Five working days 47.16 after the date of the commissioner's disapproval of the amended 47.17 application, the datawhich isthat are the subject of the 47.18 applicationshallbecome public data. No more than one amended 47.19 application may be submitted for any single file or system. 47.20 If the commissioner grants an application for temporary 47.21 classification, itshall becomebecomes effective immediately, 47.22 and the complete record relating to the applicationshallmust 47.23 be submitted to the attorney general, whoshallmust review the 47.24 classification as to form and legality. Within 25 days, the 47.25 attorney generalshallmust approve the classification, 47.26 disapprove a classification as confidential but approve a 47.27 classification as private, or disapprove the classification. If 47.28 the attorney general disapproves a classification, the 47.29 datawhich isthat are the subject of the classificationshall47.30 become public data five working days after the date of the 47.31 attorney general's disapproval. 47.32 Subd. 7. [LEGISLATIVE CONSIDERATION OF TEMPORARY 47.33 CLASSIFICATIONS; EXPIRATION.] On or before January 15 of each 47.34 year, the commissionershallmust submit all temporary 47.35 classifications in effect on January 1 in bill form to the 47.36 legislature.TheA temporary classification expires June 1 of 48.1 the year following its submission to the legislature. 48.2 Sec. 17. Minnesota Statutes 1998, section 13.072, is 48.3 amended to read: 48.4 13.072 [OPINIONS BY THE COMMISSIONER.] 48.5 Subdivision 1. [OPINION; WHEN REQUIRED.] (a) Upon request 48.6 of astate agency, statewide system, or political48.7subdivisiongovernment entity, the commissioner may give a 48.8 written opinion onanya question relating to public access to 48.9 government data, rights of subjects of data, or classification 48.10 of data under this chapter or other Minnesota statutes governing 48.11 government data practices. Upon request ofanya person who 48.12 disagrees with a determination regarding data practices made by 48.13 astate agency, statewide system, or political48.14subdivisiongovernment entity, the commissioner may give a 48.15 written opinion regarding the person's rights as a subject of 48.16 government data or right to have access to government data. If 48.17 the commissioner determines that no opinion will be issued, the 48.18 commissionershallmust give thestate agency, statewide system,48.19political subdivision,government entity or person requesting 48.20 the opinion notice of the decision not to issue the opinion 48.21 within five days of receipt of the request. If this notice is 48.22 not given, the commissionershallmust issue an opinion within 48.23 20 days of receipt of the request. For good cause and upon 48.24 written notice to the person requesting the opinion, the 48.25 commissioner may extend this deadline for one additional 30-day 48.26 period. The notice must state the reason for extending the 48.27 deadline. Thestate agency, statewide system, or political48.28subdivisiongovernment entity must be provided a reasonable 48.29 opportunity to explain the reasons for its decision regarding 48.30 the data. The commissioner or thestate agency, statewide48.31system, or political subdivisiongovernment entity may choose to 48.32 give notice to the subject of the data concerning the dispute 48.33regardingabout the data. 48.34 (b) This section does not apply to a determination made by 48.35 the commissioner of health under section 13.38, subdivision 2, 48.36 paragraph (c), or 144.6581. 49.1 (c) A written opinion issued by the attorney generalshall49.2taketakes precedence over an opinion issued by the commissioner 49.3 under this section. 49.4 Subd. 2. [EFFECT.] Opinions issued by the commissioner 49.5 under this section are not binding on thestate agency,49.6statewide system, or political subdivisiongovernment entity 49.7 whose data is the subject of the opinion,but must be given 49.8 deference by a court in a proceeding involving the data. The 49.9 commissionershallmust arrange for public dissemination of 49.10 opinions issued under this section. This section does not 49.11 preclude a person from bringing any other action under this 49.12 chapter or other law in addition to or instead of requesting a 49.13 written opinion. Astate agency, statewide system, political49.14subdivision,government entity or person that acts in conformity 49.15 with a written opinion of the commissioner is not liable for 49.16 compensatory or exemplary damages or awards of attorneys fees in 49.17 actions under section 13.08 or for a penalty under section 13.09. 49.18 Subd. 4. [DATA SUBMITTED TO COMMISSIONER.] Astate agency,49.19statewide system, or political subdivisiongovernment entity may 49.20 submitnot publicprivate or confidential data to the 49.21 commissioner for the purpose of requesting or responding to a 49.22 person's request for an opinion. Government data submitted to 49.23 the commissioner by astate agency, statewide system, or49.24political subdivisiongovernment entity or copies of government 49.25 data submitted by other persons have the same classification as 49.26 the data have when held by thestate agency, statewide system,49.27or political subdivisionsubmitting government entity. If the 49.28 nature of the opinion is such that the release of the opinion 49.29 would revealnot publicprivate or confidential data, the 49.30 commissioner may issue an opinion using pseudonyms for 49.31 individuals. Data maintained by the commissioner, in the record 49.32 of an opinion issued using pseudonyms that would reveal the 49.33 identities of individuals protected by the use of the 49.34 pseudonyms, are private data on individuals. 49.35 Sec. 18. Minnesota Statutes 1998, section 13.073, 49.36 subdivision 3, is amended to read: 50.1 Subd. 3. [BASIC TRAINING.] The basic training component 50.2 should be designed to meet the basic information policy needs of 50.3 all government employees and public officials with a focus on 50.4 key data practices laws and procedures that apply to all 50.5 government entities. The commissioner should design the basic 50.6 training component in a manner that minimizes duplication of the 50.7 effort and cost for government entities to provide basic 50.8 training. The commissioner may develop general programs and 50.9 materials for basic training such as video presentations, data 50.10 practices booklets, and training guides. The commissioner may 50.11 assiststate and localgovernmentagenciesentities in 50.12 developing training expertisewithin their own agenciesand 50.13 offer assistance for periodic training sessions for this purpose. 50.14 Sec. 19. Minnesota Statutes 1998, section 13.073, 50.15 subdivision 4, is amended to read: 50.16 Subd. 4. [SECTOR-SPECIFIC TRAINING.] (a) The 50.17 sector-specific training component should be designed to provide 50.18 for the development of specific expertise needed to deal with 50.19 information policy issues within a particular service area. 50.20 Service areas may include government entitiessuch as state50.21agencies, counties, cities, or school districts,or functional 50.22 areas such as education, human services, child protection, or 50.23 law enforcement. This component should focus on training 50.24 individuals who implement or administer data practices and other 50.25 information policy laws within their government entity. 50.26 (b) The commissioner may provide technical assistance and 50.27 support and help coordinate efforts to develop sector-specific 50.28 training within different sectors. Elements of sector-specific 50.29 training should include: 50.30 (1) designation, training, and coordination of data 50.31 practices specialists with responsibility for clarification and 50.32 resolution of sector-specific information policy issues; 50.33 (2) development of telephone hot lines within different 50.34 sectors for handling information policy inquiries; 50.35 (3) development of forums under which individuals with 50.36 ongoing information policy administrative responsibilities may 51.1 meet to discuss issues arising within their sectors; 51.2 (4) availability of expertise for coaching and consultation 51.3 on specific issues; and 51.4 (5) preparation of publications, including reference guides 51.5 to materials and resource persons. 51.6 Sec. 20. Minnesota Statutes 1998, section 13.08, is 51.7 amended to read: 51.8 13.08 [CIVIL REMEDIES.] 51.9 Subdivision 1. [ACTION FOR DAMAGES.] Notwithstanding 51.10 section 466.03, apolitical subdivision,responsible authority,51.11statewide system,orstate agency whichgovernment entity that 51.12 violatesanya provision of this chapter is liable to a person 51.13 or representative of a decedent who suffersanydamage as a 51.14 result of the violation, and. The person damaged or a 51.15 representative of the decedent in the case of privatedata on51.16decedentsor confidential data on decedents may bring an action 51.17 against thepolitical subdivision, responsible authority,51.18statewide system or state agency to covergovernment entity for 51.19 any damages sustained, plus costs and reasonable attorney fees. 51.20 In the case of a willful violation, thepolitical subdivision,51.21statewide system or state agency shallgovernment entity is, in 51.22 addition,beliabletofor exemplary damages of not less than 51.23 $100, nor more than $10,000, for each violation. The state is 51.24 deemed to have waivedanyimmunity to a cause of action brought 51.25 under this chapter. 51.26 Subd. 2. [INJUNCTION.] Apolitical subdivision,51.27responsible authority, statewide system or state agency51.28whichgovernment entity that violates or proposes to violate 51.29 this chapter may be enjoined by the district court. The court 51.30 may make any order or judgmentas may benecessary to prevent 51.31 the use or employment by any person ofanypracticeswhichthat 51.32 violate this chapter. 51.33 Subd. 3. [VENUE.] An action filedpursuant tounder this 51.34 section may be commenced in the countyin whichwhere the 51.35 individual alleging damage or seeking relief resides, or in the 51.36 countywhereinwhere the political subdivision exists, or, in 52.1 the case of the state, any county. 52.2 Subd. 4. [ACTION TO COMPEL COMPLIANCE.] In addition to the 52.3 remedies provided in subdivisions 1 to 3 or any other law,any52.4 an aggrieved person may bring an action in district court to 52.5 compel compliance with this chapter and may recover costs and 52.6 disbursements, including reasonable attorney's fees, as 52.7 determined by the court. If the court determines that an action 52.8 brought under this subdivision is frivolous and without merit 52.9 and a basis in fact, it may award reasonable costs and attorney 52.10 fees to the responsible authority. The matter shall be heard as 52.11 soon as possible. In an action involving a request for 52.12 government data under section 13.03 or 13.04, the court may 52.13 inspect in camera the government data in dispute, butshallmust 52.14 conduct its hearing in public and in a manner that protects the 52.15 security of data classified asnot publicprivate or 52.16 confidential. 52.17 Subd. 5. [IMMUNITY FROM LIABILITY.] Astate agency,52.18statewide system, political subdivision,government entity or a 52.19 person that releasesnot publicprivate or confidential data 52.20 pursuant to an order under section 13.03, subdivision 6, is 52.21 immune from civil and criminal liability for the release. 52.22 Subd. 6. [IMMUNITY FROM LIABILITY; PERSONNEL SETTLEMENT.] 52.23 No cause of actionmay arisearises as a result of the release 52.24 of data contained in a termination or personnel settlement 52.25 agreement if the data werenot publicprivate or confidential 52.26 data as defined in section 13.02, at the time the agreement was 52.27 executed but become public data under a law enacted after 52.28 execution. 52.29 Sec. 21. Minnesota Statutes 1998, section 13.10, 52.30 subdivision 2, is amended to read: 52.31 Subd. 2. [CLASSIFICATION OF DATA ON DECEDENTS.] Upon the 52.32 death ofthea data subject, private data and confidential data 52.33shallbecome, respectively, private data on decedents and 52.34 confidential data on decedents. Private data on decedents and 52.35 confidential data on decedentsshallbecome public when ten 52.36 years have elapsed from the actual or presumed death of the 53.1 individual and 30 years have elapsed from the creation of the 53.2 data. For purposes of this subdivision, an individual is 53.3 presumed to be dead if either 90 years elapsed since the 53.4 creation of the data or 90 years have elapsed since the 53.5 individual's birth, whichever is earlier, except that an 53.6 individual is not presumed to be dead if readily available data 53.7 indicate that the individual is still living. 53.8 Sec. 22. Minnesota Statutes 1998, section 13.10, 53.9 subdivision 3, is amended to read: 53.10 Subd. 3. [RIGHTS.] Rights conferred by this chapter on 53.11 individuals who are the subjects of private or confidential data 53.12shallmust,in the case of private data on decedents or53.13confidential data on decedentsupon the death of the data 53.14 subject, be exercised by the representative of the 53.15 decedent.NonpublicPrivate data concerning a decedent, created 53.16 or collected after death, are accessible by the representative 53.17 of the decedent.Nothing inThis sectionmay be construed to53.18 does not prevent access to appropriate data by a trustee 53.19 appointed in a wrongful death action. 53.20 Sec. 23. Minnesota Statutes 1998, section 13.30, is 53.21 amended to read: 53.22 13.30 [ATTORNEYS.] 53.23 Notwithstanding the provisions of this chapter and section 53.24 15.17, the use, collection, storage, and dissemination of data 53.25 by an attorney acting in a professional capacity for thestate,53.26a state agency or a political subdivision shall begovernment 53.27 entity are governed by statutes, rules, and professional 53.28 standards concerning discovery, production of documents, 53.29 introduction of evidence, and professional responsibility;53.30provided that. However, this sectionshall not be construed to53.31 does not affect the applicability of any statute, other than 53.32 this chapter and section 15.17,whichthat specifically requires 53.33 or prohibits disclosure of specific information by the attorney, 53.34 norshalldoes this sectionbe construed torelieveanya 53.35 responsible authority, other than the attorney, from duties and 53.36 responsibilitiespursuant tounder this chapter and section 54.1 15.17. 54.2 Sec. 24. Minnesota Statutes 1998, section 13.31, is 54.3 amended to read: 54.4 13.31 [BENEFIT DATA.] 54.5 Subdivision 1. [DEFINITION.] As used in this section, 54.6 "benefit data" means data on individuals collected or created 54.7 because an individual seeks information about becoming, is, or 54.8 was an applicant for or a recipient of benefits or services 54.9 provided under various housing, home ownership, rehabilitation 54.10 and community action agency, Head Start, and food assistance 54.11 programs administered bystate agencies, political subdivisions,54.12or statewide systemsgovernment entities. Benefit data does not 54.13 include welfare data, which shall be administered in accordance 54.14 with section 13.46. 54.15 Subd. 2. [PUBLIC DATA.] The names and addresses of 54.16 applicants for and recipients of benefits, aid, or assistance 54.17 through programs administered byany political subdivision,54.18state agency, or statewide systema government entity that are 54.19 intended to assist with the purchase of housing or other real 54.20 property are classified as public data on individuals. 54.21 Subd. 3. [PRIVATE DATA.] Unless otherwise provided by law, 54.22 all other benefit data is private data on individuals, andshall54.23 must not be disclosed exceptpursuant toby court order or to an 54.24 agent of thestate agency, political subdivision, or statewide54.25systemgovernment entity, including appropriate law enforcement 54.26 personnel,who areacting in an investigation or prosecution of 54.27 a criminal or civil proceeding relating to the administration of 54.28 a program described in subdivision 1. 54.29 Sec. 25. Minnesota Statutes 1998, section 13.32, 54.30 subdivision 1, is amended to read: 54.31 Subdivision 1. [DEFINITIONS.] As used in this section: 54.32(a)(1) "Educational data" means dataon individualsthat 54.33 relates to a student and is maintained by a public educational 54.34 agency or institution or by a person acting for the agency or 54.35 institutionwhich relates to a student. 54.36RecordsData of instructional personnelwhichthat are in 55.1 the sole possession of the makerthereof andof the records, 55.2 that are not accessible or revealed to any other individual 55.3 except a substitute teacher, and that are destroyed at the end 55.4 of the school year,shall not be deemed to beare not government 55.5 data. 55.6RecordsData of a law enforcement unit of a public 55.7 educational agency or institutionwhichthat are maintained 55.8 apart fromeducationeducational dataand, are maintained solely 55.9 for law enforcement purposes, and are not disclosed to 55.10 individuals other than law enforcement officials of the 55.11 jurisdiction are not educational data; provided, that education55.12records. However, educational data maintained by the 55.13 educational agency or institution that arenotdisclosed to the 55.14 personnel of the law enforcement unit remain educational data. 55.15 The University of Minnesota police department is a law 55.16 enforcement agency for purposes of section 13.82 and other 55.17 sections of Minnesota Statutes dealing with law enforcement 55.18 records. Records of organizations providing security services 55.19 to a public educational agency or institution must be 55.20 administered consistent with section 13.861. 55.21Records relating toData on a student who is employed by a 55.22 public educational agency or institutionwhichare classified 55.23 under section 13.43 if the data are made and maintained in the 55.24 normal course of business, relate exclusively to the individual 55.25 in that individual's capacity as an employee, and are not 55.26 available for use for any other purposeare classified pursuant55.27to section 13.43. 55.28(b)(2) "Juvenile justice system" includes criminal justice 55.29 agencies and the judiciary when involved in juvenile justice 55.30 activities. 55.31(c)(3) "Student" means an individual currently or formerly 55.32 enrolled or registered, applicants for enrollment or 55.33 registration at a public educational agency or institution, or 55.34 individuals who receive shared time educational services from a 55.35 public agency or institution. 55.36(d)(4) "Substitute teacher" means an individual who 56.1 performs on a temporary basis the duties of the individual who 56.2 made the record, but does not include an individual who 56.3 permanently succeeds to the position of the maker of the record. 56.4 Sec. 26. Minnesota Statutes 1998, section 13.34, is 56.5 amended to read: 56.6 13.34 [EXAMINATION DATA.] 56.7 Data consisting solely of testing or examination materials, 56.8 or scoring keys used solely to determine individual 56.9 qualifications for appointment or promotion in public service, 56.10 or used to administer a licensing examination,or academic 56.11 examination, the disclosure of which would compromise the 56.12 objectivity or fairness of the testing or examination process 56.13 are classified asnonpublicprivate data not on individuals, 56.14 except pursuant to court order. Completed versions of 56.15 personnel, licensing, or academic examinationsshall beare 56.16 accessible to the individual who completed the examination, 56.17 unless the responsible authority determines that access would 56.18 compromise the objectivity, fairness, or integrity of the 56.19 examination process. Notwithstanding section 13.04, the 56.20 responsible authorityshallmust not be required to provide 56.21 copies of completed examinations or answer keys toanyan 56.22 individual who has completed an examination. 56.23 Sec. 27. Minnesota Statutes 1998, section 13.35, is 56.24 amended to read: 56.25 13.35 [FEDERAL CONTRACTS DATA.] 56.26 To the extent that a federal agency requires it as a 56.27 condition for contracting with a state agency or political 56.28 subdivision, all government data collected and maintained by the 56.29 state agency or political subdivision becausethatthe state 56.30 agency or political subdivision contracts with the federal 56.31 agency are classified aseitherprivateor nonpublic depending56.32on whether thedataare data on individuals or data not on56.33individuals. 56.34 Sec. 28. Minnesota Statutes 1998, section 13.36, is 56.35 amended to read: 56.36 13.36 [FIREARMS DATA.] 57.1 All data pertaining to the purchase or transfer of firearms 57.2 and applications for permits to carry firearmswhich are57.3 collected bystate agencies, political subdivisions or statewide57.4systemsgovernment entities pursuant to sections 624.712 to 57.5 624.719 are classified as private, pursuant to section 13.02,57.6subdivision 12data on individuals. 57.7 Sec. 29. Minnesota Statutes 1998, section 13.37, 57.8 subdivision 2, is amended to read: 57.9 Subd. 2. [CLASSIFICATION.] The following government data 57.10 is classified asnonpublic data with regard to data not on57.11individuals, pursuant to section 13.02, subdivision 9, and as57.12 private datawith regard to data on individuals, pursuant to57.13section 13.02, subdivision 12: security information; trade 57.14 secret information; sealed absentee ballots prior to opening by 57.15 an election judge; sealed bids, including the number of bids 57.16 received, prior to the opening of the bids; internal competitive 57.17 proposals prior to the time specified by a political subdivision 57.18 for the receipt of private sector proposals for the services; 57.19 parking space leasing data; and labor relations information, 57.20providedexcept that specific labor relations informationwhich57.21 that relates to a specific labor organization is classified 57.22 asprotected nonpublicconfidential datapursuant to section57.2313.02, subdivision 13. 57.24 Sec. 30. Minnesota Statutes 1998, section 13.39, is 57.25 amended to read: 57.26 13.39 [CIVIL INVESTIGATION.] 57.27 Subdivision 1. [DEFINITIONS.] A "pending civil legal 57.28 action" includes but is not limited to judicial, administrative 57.29 or arbitration proceedings. Whether a civil legal action is 57.30 pending shall be determined by the chief attorney acting for the 57.31state agency, political subdivision or statewide57.32systemgovernment entity. 57.33 Subd. 2. [CIVIL ACTIONS.] (a) Except as provided in 57.34 paragraph (b), data collected bystate agencies, political57.35subdivisions, or statewide systemsgovernment entities as part 57.36 of an active investigation undertaken for the purpose of the 58.1 commencement or defense of a pending civil legal action, or 58.2 which are retained in anticipation of a pending civil legal 58.3 action, are classified asprotected nonpublicconfidential data 58.4pursuant to section 13.02, subdivision 13, in the case of data58.5not on individuals and confidential pursuant to section 13.02,58.6subdivision 3, in the case of data on individuals. Any agency,58.7political subdivision, or statewide system. A government entity 58.8 may make any data classified as confidentialor protected58.9nonpublicpursuant to this subdivision accessible to any person, 58.10 agency or the public if theagency, political subdivision, or58.11statewide systemgovernment entity determines that the access 58.12 will aid the law enforcement process, promote public health or 58.13 safety or dispel widespread rumor or unrest. 58.14 (b) A complainant has access to a statement provided by the 58.15 complainant to astate agency, statewide system, or political58.16subdivisiongovernment entity under paragraph (a). 58.17 Subd. 2a. [DISCLOSURE OF DATA.] During the time when a 58.18 civil legal action is determined to be pending under subdivision 58.19 1,anya person may bring an action in the district court in the 58.20 county where the data is maintained to obtain disclosure of data 58.21 classified as confidentialor protected nonpublicunder 58.22 subdivision 2. The court may order that all or part of the data 58.23 be released to the public or to the person bringing the action. 58.24 In making the determination whether datashallmust be 58.25 disclosed, the courtshallmust consider whether the benefit to 58.26 the person bringing the action or to the public outweighs any 58.27 harm to the public, the agency, or any person identified in the 58.28 data. The data in disputeshallmust be examined by the court 58.29 in camera. 58.30 Subd. 3. [INACTIVE INVESTIGATIVE DATA.] Inactive civil 58.31 investigative data are public, unless the release of the data 58.32 would jeopardize another pending civil legal action, and except 58.33 for those portions of a civil investigative file that are 58.34 classified asnot publicprivate or confidential data by this 58.35 chapter or other law.AnyCivil investigative data presented as 58.36 evidence in court or made part of a court recordshall beare 59.1 public. Civil investigative data become inactive upon the 59.2 occurrence of any of the following events: 59.3 (1) a decision by thestate agency, political subdivision,59.4or statewide systemgovernment entity or by the chief attorney 59.5 acting for thestate agency, political subdivision, or statewide59.6systemgovernment entity not to pursue the civil action; 59.7 (2) expiration of the time to file a complaint under the 59.8 statute of limitations or agreement applicable to the civil 59.9 action; or 59.10 (3) exhaustion of or expiration of rights of appeal by 59.11 either party to the civil action. 59.12 Data determined to be inactive under clause (1) may become 59.13 active if thestate agency, political subdivision, statewide59.14system,government entity or its attorney decides to renew the 59.15 civil action. 59.16 Sec. 31. Minnesota Statutes 1998, section 13.392, 59.17 subdivision 1, is amended to read: 59.18 Subdivision 1. [CONFIDENTIAL DATAOR PROTECTED NONPUBLIC59.19DATA.] Data, notes, and preliminary drafts of reports created, 59.20 collected, and maintained by the internal audit offices of state 59.21 agencies and political subdivisions, or persons performing 59.22 audits for state agencies and political subdivisions, and 59.23 relating to an audit or investigation are confidential dataon59.24individuals or protected nonpublic datauntil the final report 59.25 has been published or the audit or investigation is no longer 59.26 being pursued actively, except that the data shall be disclosed 59.27 as required to comply with section 6.67 or 609.456. This 59.28 section does not limit in any way: 59.29 (1) the state auditor's access to government data of 59.30 political subdivisions or data, notes, or preliminary drafts of 59.31 reports of persons performing audits for political subdivisions; 59.32 or 59.33 (2) the public or a data subject's access to data 59.34 classified by section 13.43. 59.35 Sec. 32. Minnesota Statutes 1998, section 13.40, 59.36 subdivision 1, is amended to read: 60.1 Subdivision 1. [RECORDS SUBJECT TO THIS CHAPTER.] (a) For 60.2 purposes of this section, "historical records repository" means 60.3 an archives or manuscript repository operated byany state60.4agency, statewide system, or political subdivisiona government 60.5 entity whose purpose is to collect and maintain data to further 60.6 the history of a geographic or subject area. The term does not 60.7 include the state archives as defined in section 138.17, 60.8 subdivision 1, clause (5). 60.9 (b) Data collected, maintained, used, or disseminated by a 60.10 library or historical records repository operated byany state60.11agency, political subdivision, or statewide systema government 60.12 entity shall be administered in accordance with the provisions 60.13 of this chapter. 60.14 Sec. 33. Minnesota Statutes 1998, section 13.40, 60.15 subdivision 3, is amended to read: 60.16 Subd. 3. [NONGOVERNMENTAL DATA.] Data held in the custody 60.17 of a historical records repository that were not originally 60.18 created, received, maintained, or disseminated by astate60.19agency, statewide system, or political subdivisiongovernment 60.20 entity are not government data. These data are accessible to 60.21 the public unless: 60.22 (1) the data are contributed by private persons under an 60.23 agreement that restricts access, to the extent of any lawful 60.24 limitation; or 60.25 (2) access would significantly endanger the physical or 60.26 organizational integrity of the data. 60.27 Sec. 34. Minnesota Statutes 1998, section 13.41, 60.28 subdivision 2, is amended to read: 60.29 Subd. 2. [PRIVATE DATA; DESIGNATED ADDRESSES AND TELEPHONE 60.30 NUMBERS.] (a) The following data collected, created or 60.31 maintained byanya licensing agency are classified as private,60.32pursuant to section 13.02, subdivision 12data on individuals: 60.33 data, other than their names and designated addresses, submitted 60.34 by applicants for licenses; the identity of complainants who 60.35 have made reports concerning licensees or applicants which 60.36 appear in inactive complaint data unless the complainant 61.1 consents to the disclosure; the nature or content of 61.2 unsubstantiated complaints when the information is not 61.3 maintained in anticipation of legal action; the identity of 61.4 patients whose medical records are received byanya health 61.5 licensing agency for purposes of review or in anticipation of a 61.6 contested matter; inactive investigative data relating to 61.7 violations of statutes or rules; and the record of any 61.8 disciplinary proceeding except as limited by subdivision 4. 61.9 (b) An applicant for a license shall designate on the 61.10 application a residence or business address and telephone number 61.11 at which the applicant can be contacted in connection with the 61.12 license application. A licensee who is subject to a 61.13 health-related licensing board, as defined in section 214.01, 61.14 subdivision 2, shall designate a residence or business address 61.15 and telephone number at which the licensee can be contacted in 61.16 connection with the license. 61.17 Sec. 35. Minnesota Statutes 1998, section 13.41, 61.18 subdivision 2a, is amended to read: 61.19 Subd. 2a. [BOARD OF PEACE OFFICER STANDARDS AND TRAINING.] 61.20 The following government data of the board of peace officer 61.21 standards and training are private data: 61.22 (1) home addresses of licensees and applicants for 61.23 licenses; and 61.24 (2) data that identify thestate agency, statewide system,61.25or political subdivisiongovernment entity that employs a 61.26 licensed peace officer. 61.27 The board may disseminate private data on applicants and 61.28 licensees asisnecessary to administer law enforcement 61.29 licensure or to provide data under section 626.845, subdivision 61.30 1, to law enforcement agencieswho areconducting employment 61.31 background investigations. 61.32 Sec. 36. Minnesota Statutes 1998, section 13.41, 61.33 subdivision 3, is amended to read: 61.34 Subd. 3. [CONFIDENTIAL DATA.] The following data 61.35 collected, created, or maintained byanya licensing agency are 61.36 classified as confidential, pursuant to section 13.02,62.1subdivision 3: active investigative data relating to the 62.2 investigation of complaints againstanya licensee. 62.3 Sec. 37. Minnesota Statutes 1998, section 13.41, 62.4 subdivision 4, is amended to read: 62.5 Subd. 4. [PUBLIC DATA.] Licensing agency minutes, 62.6 application data on licensees, orders for hearing, findings of 62.7 fact, conclusions of law, and specification of the final 62.8 disciplinary action contained in the record of the disciplinary 62.9 action areclassified aspublic, pursuant to section 13.02,62.10subdivision 15data. The entire record concerning the 62.11 disciplinary proceeding is public datapursuant to section62.1213.02, subdivision 15,in those instances where there is a 62.13 public hearing concerning the disciplinary action. If the 62.14 licensee and the licensing agency agree to resolve a complaint 62.15 without a hearing, the agreement and the specific reasons for 62.16 the agreement are public data. The license numbers, the license 62.17 status, and continuing education records issued or maintained by 62.18 the board of peace officer standards and training areclassified62.19aspublic data, pursuant to section 13.02, subdivision 15. 62.20 Sec. 38. Minnesota Statutes 1998, section 13.42, 62.21 subdivision 2, is amended to read: 62.22 Subd. 2. [PUBLIC HOSPITALS; DIRECTORY INFORMATION.] (a) 62.23 During the time thata personan individual is a patient in a 62.24 hospital operated by a state agency or political subdivision 62.25 under legal commitment, directory information is public data. 62.26 After thepersonindividual is released by termination of 62.27 theperson'sindividual's legal commitment, the directory 62.28 information is private data on individuals. 62.29 (b) Ifa personan individual is a patient other than 62.30 pursuant to commitment in a hospital controlled by a state 62.31 agency or political subdivision, directory information is public 62.32 data unless the patient requests otherwise, in which case it is 62.33 private data on individuals. 62.34 (c)Directory information aboutIf an emergency patientwho62.35 is unable to communicatewhich is publicunder this subdivision, 62.36 directory information shall not be released until a reasonable 63.1 effort is made to notify the next of kin. Although an 63.2 individual has requested that directory information be private, 63.3 the hospital may release directory information to a law 63.4 enforcement agency pursuant to a lawful investigation pertaining 63.5 to that individual. 63.6 Sec. 39. Minnesota Statutes 1998, section 13.43, is 63.7 amended to read: 63.8 13.43 [PERSONNEL DATA.] 63.9 Subdivision 1. [DEFINITION.] As used in this section, 63.10 "personnel data" means data on individuals collected because the 63.11 individual is or was an employee of or an applicant for 63.12 employment by, performs services on a voluntary basis for, or 63.13 acts as an independent contractor with astate agency, statewide63.14system or political subdivisiongovernment entity or is a member 63.15 of or an applicant for a position on an advisory board or 63.16 commission. 63.17 Subd. 2. [PUBLIC DATA.] (a) Except for employees described 63.18 in subdivision 5, the following personnel data on current and 63.19 former employees, volunteers, and independent contractors of a 63.20state agency, statewide system, or political63.21subdivisiongovernment entity and members of advisory boards or 63.22 commissions is public: 63.23 (1) name; actual gross salary; salary range; contract fees; 63.24 actual gross pension; the value and nature of employer paid 63.25 fringe benefits; and the basis for and the amount of any added 63.26 remuneration, including expense reimbursement, in addition to 63.27 salary; 63.28 (2) job title; job description; education and training 63.29 background; and previous work experience; 63.30 (3) date of first and last employment; 63.31 (4) the existence and status ofanycomplaints or charges 63.32 against the employee, regardless of whether the complaint or 63.33 charge resulted in a disciplinary action; 63.34 (5) the final disposition of any disciplinary action 63.35 together with the specific reasons for the action and data 63.36 documenting the basis of the action, excluding data that would 64.1 identify confidential sources who are employees of thepublic64.2bodygovernment entity; 64.3 (6) the terms ofanyan agreement settlinganya dispute 64.4 arising out of an employment relationship, including a buyout 64.5 agreement as defined in section 123B.143, subdivision 2, 64.6 paragraph (a); except that the agreement must include specific 64.7 reasons for the agreement if it involves the payment of more 64.8 than $10,000 of public money; 64.9 (7) work location; a work telephone number; badge number; 64.10 and honors and awards received;and64.11 (8) payroll time sheets or other comparable data that are 64.12 only used to account for employee's work time for payroll 64.13 purposes, except to the extent that release of time sheet data 64.14 would reveal the employee's reasons for the use of sick or other 64.15 medical leave or othernot publicprivate or confidential data; 64.16 and 64.17 (9) city and county of residence. 64.18 (b) For purposes of this subdivision, a final disposition 64.19 occurs when thestate agency, statewide system, or political64.20subdivisiongovernment entity makes its final decision about the 64.21 disciplinary action, regardless of the possibility ofanylater 64.22 proceedings or court proceedings. In the case of arbitration 64.23 proceedings arising under collective bargaining agreements, a 64.24 final disposition occurs at the conclusion of the arbitration 64.25 proceedings, or upon the failure of the employee to elect 64.26 arbitration within the time provided by the collective 64.27 bargaining agreement. Final disposition includes a resignation 64.28 by an individual when the resignation occurs after the final 64.29 decision of thestate agency, statewide system, political64.30subdivision,government entity or arbitrator. 64.31 (c) Thestate agency, statewide system, or political64.32subdivisiongovernment entity may display a photograph of a 64.33 current or former employee to a prospective witness as part of 64.34 thestate agency's, statewide system's, or political64.35subdivision'sgovernment entity's investigation ofanya 64.36 complaint or charge against the employee. 65.1 (d) A complainant has access to a statement provided by the 65.2 complainant to astate agency, statewide system, or political65.3subdivisiongovernment entity in connection with a complaint or 65.4 charge against an employee. 65.5 (e) Notwithstanding paragraph (a), clause (5), upon 65.6 completion of an investigation of a complaint or charge against 65.7 a public official, or if a public official resigns or is 65.8 terminated from employment while the complaint or charge is 65.9 pending, all data relating to the complaint or charge are 65.10 public, unless access to the data would jeopardize an active 65.11 investigation or reveal confidential sources. For purposes of 65.12 this paragraph, "public official" means: 65.13 (1) the head of a state agency and deputy and assistant 65.14 state agency heads; 65.15 (2) members of boards or commissions required by law to be 65.16 appointed by the governor or other elective officers; and 65.17 (3) executive or administrative heads of departments, 65.18 bureaus, divisions, or institutions. 65.19 Subd. 2a. [DATA DISCLOSURE BY STATEWIDE PENSION PLANS.] 65.20 Notwithstanding any law to the contrary, with respect to data 65.21 collected and maintained on members, survivors, and 65.22 beneficiaries by statewide retirement systems that is classified 65.23 as public data in accordance with subdivision 2, those 65.24 retirement systemsmay bemust only be required to disclose 65.25 name, gross pension, and type of benefit awarded, except as 65.26 required by sections 13.03, subdivisions 4 and 6; and 13.05, 65.27 subdivisions 4 and 9. 65.28 Subd. 3. [APPLICANT DATA.] Except for applicants described 65.29 in subdivision 5, the following personnel data on current and 65.30 former applicants for employment by astate agency, statewide65.31system or political subdivisiongovernment entity or appointment 65.32 to an advisory board or commission is public: veteran status; 65.33 relevant test scores; rank on eligible list; job history; 65.34 education and training; and work availability. Names of 65.35 applicantsshall beare private data except when certified as 65.36 eligible for appointment to a vacancy or when applicants are 66.1 considered by the appointing authority to be finalists for a 66.2 position in public employment. For purposes of this 66.3 subdivision, "finalist" means an individual who is selected to 66.4 be interviewed by the appointing authority prior to selection. 66.5 Names and home addresses of applicants for appointment to and 66.6 members of an advisory board or commission are public. 66.7 Subd. 4. [OTHER DATA.] All other personnel dataisare 66.8 private data on individuals but may be released pursuant to a 66.9 court order. 66.10 Subd. 5. [UNDERCOVER LAW ENFORCEMENT OFFICER.] All 66.11 personnel data maintained byany state agency, statewide system66.12or political subdivisiona government entity relating to an 66.13 individual employed as, or an applicant for employment as, an 66.14 undercover law enforcement officer are private data on 66.15 individuals. When the individual is no longer assigned to an 66.16 undercover position, the data described in subdivisions 2 and 3 66.17 become public unless the law enforcement agency determines that 66.18 revealing the data would threaten the personal safety of the 66.19 officer or jeopardize an active investigation. 66.20 Subd. 6. [ACCESS BY LABOR ORGANIZATIONS.] Personnel data 66.21 may be disseminated to labor organizations to the extent that 66.22 the responsible authority determines that the dissemination is 66.23 necessary to conduct elections, notify employees of fair share 66.24 fee assessments, and implement the provisions of chapters 179 66.25 and 179A. Personnel datashallmust be disseminated to labor 66.26 organizations and to the bureau of mediation services to the 66.27 extent the dissemination is ordered or authorized by the 66.28 commissioner of the bureau of mediation services. 66.29 Subd. 7. [EMPLOYEE ASSISTANCE DATA.] All data created, 66.30 collected, or maintained byanya state agency or political 66.31 subdivision to administer employee assistance programs similar 66.32 to the one authorized by section 16B.39, subdivision 2, are 66.33 classified as private, pursuant to section 13.02, subdivision 1266.34 data on individuals. This sectionshalldoes notbe interpreted66.35toauthorize the establishment of employee assistance programs. 66.36 Subd. 8. [HARASSMENT DATA.] When allegations of sexual or 67.1 other types of harassment are made against an employee, the 67.2 employee does not have access to data that would identify the 67.3 complainant or other witnesses if the responsible authority 67.4 determines that the employee's access to that data would: 67.5 (1) threaten the personal safety of the complainant or a 67.6 witness; or 67.7 (2) subject the complainant or witness to harassment. 67.8 If a disciplinary proceeding is initiated against the 67.9 employee, data on the complainant or witnessshallmust be 67.10 available to the employee asmay benecessary for the employee 67.11 to prepare for the proceeding. 67.12 Subd. 9. [PEER COUNSELING DEBRIEFING DATA.] (a) Data 67.13 acquired by a peer group member in a public safety peer 67.14 counseling debriefing is private data on the person being 67.15 debriefed. 67.16 (b) For purposes of this subdivision, "public safety peer 67.17 counseling debriefing" means a group process oriented debriefing 67.18 session held for peace officers, firefighters, medical emergency 67.19 persons, dispatchers, or other persons involved with public 67.20 safety emergency services, that is established byanya agency 67.21 providing public safety emergency services and is designed to 67.22 help a person who has suffered an occupation-related traumatic 67.23 event begin the process of healing and effectively dealing with 67.24 posttraumatic stress. 67.25 Subd. 10. [PROHIBITION ON AGREEMENTS LIMITING DISCLOSURE 67.26 OR DISCUSSION OF PERSONNEL DATA.] (a) Astate agency, statewide67.27system, or political subdivision maygovernment entity must not 67.28 enter into an agreement settling a dispute arising out of the 67.29 employment relationship with the purpose or effect of limiting 67.30 access to or disclosure of personnel data or limiting the 67.31 discussion of information or opinions related to personnel 67.32 data. An agreement or portion of an agreement that violates 67.33 this paragraph is void and unenforceable. 67.34 (b) Paragraph (a) applies to the following, but only to the 67.35 extent that the data or information could otherwise be made 67.36 accessible to the public: 68.1 (1) an agreement not to discuss, publicize, or comment on 68.2 personnel data or information; 68.3 (2) an agreement that limits the ability of the subject of 68.4 personnel data to release or consent to the release of data; or 68.5 (3) any other provision of an agreement that has the effect 68.6 of limiting the disclosure or discussion of information that 68.7 could otherwise be made accessible to the public, except a 68.8 provision that limits the ability of an employee to release or 68.9 discuss private data that identifies other employees. 68.10 (c) Paragraph (a) also applies to a court order that 68.11 contains terms or conditions prohibited by paragraph (a). 68.12 Subd. 11. [PROTECTION OF EMPLOYEE OR OTHERS.] (a) If the 68.13 responsible authority or designee of astate agency, statewide68.14system, or political subdivisiongovernment entity reasonably 68.15 determines that the release of personnel data is necessary to 68.16 protect an employee from harm to self or to protectanothera 68.17 person who may be harmed by the employee, data that are relevant 68.18 to the concerns for safety may be released as provided in this 68.19 subdivision. 68.20 (b) The data may be released: 68.21 (1) to the person who may be harmed and to an attorney 68.22 representing the person when the data are relevant to obtaining 68.23 a restraining order; 68.24 (2) to a prepetition screening team conducting an 68.25 investigation of the employee under section 253B.07, subdivision 68.26 1; or 68.27 (3) to a court, law enforcement agency, or prosecuting 68.28 authority. 68.29 (c) Section 13.03, subdivision 4, paragraph (c), applies to 68.30 data released under this subdivision, except to the extent that 68.31 the data have a more restrictive classification in the 68.32 possession of the agency or authority that receives the data. 68.33 If the person who may be harmed or the person's attorney 68.34 receives data under this subdivision, the data may be used or 68.35 released further only to the extent necessary to protect the 68.36 person from harm. 69.1 Subd. 12. [SHARING OF LAW ENFORCEMENT PERSONNEL BACKGROUND 69.2 INVESTIGATION DATA.] A law enforcement agencyshallmust share 69.3 data from a background investigation done under section 626.87 69.4 with the peace officer standards and training board or with a 69.5 law enforcement agency doing an investigation of the subject of 69.6 the data under section 626.87. 69.7 Sec. 40. Minnesota Statutes 1998, section 13.44, is 69.8 amended to read: 69.9 13.44 [PROPERTY COMPLAINT DATA.] 69.10 The identities of individuals who register complaints with 69.11 state agencies or political subdivisions concerning violations 69.12 of state laws or local ordinances concerning the use of real 69.13 property are classified as confidential data, pursuant to69.14section 13.02, subdivision 3on individuals. 69.15 Sec. 41. Minnesota Statutes 1998, section 13.45, is 69.16 amended to read: 69.17 13.45 [SALARY BENEFIT SURVEY DATA.] 69.18 Salary and personnel benefit survey data purchased from 69.19 consulting firms, nonprofit corporations or associations or 69.20 obtained from employers with the written understanding that the 69.21 data shall not be made public, and which is maintained bystate69.22agencies, political subdivisions or statewide systemsgovernment 69.23 entities, are classified asnonpublic pursuant to section 13.02,69.24subdivision 9private data not on individuals. 69.25 Sec. 42. Minnesota Statutes 1998, section 13.46, 69.26 subdivision 2, is amended to read: 69.27 Subd. 2. [GENERAL.] (a) Unless the data is summary data or 69.28 a statute specifically provides a different classification, data 69.29 on individuals collected, maintained, used, or disseminated by 69.30 the welfare system is private data on individuals, and shall not 69.31 be disclosed except: 69.32 (1) according to section 13.05; 69.33 (2) according to court order; 69.34 (3) according to a statute specifically authorizing access 69.35 to the private data; 69.36 (4) to an agent of the welfare system, including a law 70.1 enforcement person, attorney, or investigator acting for it in 70.2 the investigation or prosecution of a criminal or civil 70.3 proceeding relating to the administration of a program; 70.4 (5) to personnel of the welfare system who require the data 70.5 to determine eligibility, amount of assistance, and the need to 70.6 provide services of additional programs to the individual; 70.7 (6) to administer federal funds or programs; 70.8 (7) between personnel of the welfare system working in the 70.9 same program; 70.10 (8) the amounts of cash public assistance and relief paid 70.11 to welfare recipients in this state, including their names, 70.12 social security numbers, income, addresses, and other data as 70.13 required, upon request by the department of revenue to 70.14 administer the property tax refund law, supplemental housing 70.15 allowance, early refund of refundable tax credits, and the 70.16 income tax. "Refundable tax credits" means the dependent care 70.17 credit under section 290.067, the Minnesota working family 70.18 credit under section 290.0671, the property tax refund under 70.19 section 290A.04, and, if the required federal waiver or waivers 70.20 are granted, the federal earned income tax credit under section 70.21 32 of the Internal Revenue Code; 70.22 (9) between the department of human services and the 70.23 Minnesota department of economic security for the purpose of 70.24 monitoring the eligibility of the data subject for reemployment 70.25 insurance, for any employment or training program administered, 70.26 supervised, or certified by that agency, for the purpose of 70.27 administering any rehabilitation program, whether alone or in 70.28 conjunction with the welfare system, or to monitor and evaluate 70.29 the statewide Minnesota family investment program by exchanging 70.30 data on recipients and former recipients of food stamps, cash 70.31 assistance under chapter 256, 256D, 256J, or 256K, child care 70.32 assistance under chapter 119B, or medical programs under chapter 70.33 256B, 256D, or 256L; 70.34 (10) to appropriate parties in connection with an emergency 70.35 if knowledge of the information is necessary to protect the 70.36 health or safety of the individual or other individuals or 71.1 persons; 71.2 (11) data maintained by residential programs as defined in 71.3 section 245A.02 may be disclosed to the protection and advocacy 71.4 system established in this state according to Part C of Public 71.5 Law Number 98-527 to protect the legal and human rights of 71.6 persons with mental retardation or other related conditions who 71.7 live in residential facilities for these persons if the 71.8 protection and advocacy system receives a complaint by or on 71.9 behalf of that person and the person does not have a legal 71.10 guardian or the state or a designee of the state is the legal 71.11 guardian of the person; 71.12 (12) to the county medical examiner or the county coroner 71.13 for identifying or locating relatives or friends of a deceased 71.14 person; 71.15 (13) data on a child support obligor who makes payments to 71.16 the public agency may be disclosed to the higher education 71.17 services office to the extent necessary to determine eligibility 71.18 under section 136A.121, subdivision 2, clause (5); 71.19 (14) participant social security numbers and names 71.20 collected by the telephone assistance program may be disclosed 71.21 to the department of revenue to conduct an electronic data match 71.22 with the property tax refund database to determine eligibility 71.23 under section 237.70, subdivision 4a; 71.24 (15) the current address of a recipient of aid to families 71.25 with dependent children or Minnesota family investment 71.26 program-statewide may be disclosed to law enforcement officers 71.27 who provide the name of the recipient and notify the agency that: 71.28 (i) the recipient: 71.29 (A) is a fugitive felon fleeing to avoid prosecution, or 71.30 custody or confinement after conviction, for a crime or attempt 71.31 to commit a crime that is a felony under the laws of the 71.32 jurisdiction from which the individual is fleeing; or 71.33 (B) is violating a condition of probation or parole imposed 71.34 under state or federal law; 71.35 (ii) the location or apprehension of the felon is within 71.36 the law enforcement officer's official duties; and 72.1 (iii) the request is made in writing and in the proper 72.2 exercise of those duties; 72.3 (16) the current address of a recipient of general 72.4 assistance or general assistance medical care may be disclosed 72.5 to probation officers and corrections agents who are supervising 72.6 the recipient and to law enforcement officers who are 72.7 investigating the recipient in connection with a felony level 72.8 offense; 72.9 (17) information obtained from food stamp applicant or 72.10 recipient households may be disclosed to local, state, or 72.11 federal law enforcement officials, upon their written request, 72.12 for the purpose of investigating an alleged violation of the 72.13 Food Stamp Act, according to Code of Federal Regulations, title 72.14 7, section 272.1(c); 72.15 (18) the address, social security number, and, if 72.16 available, photograph of any member of a household receiving 72.17 food stamps shall be made available, on request, to a local, 72.18 state, or federal law enforcement officer if the officer 72.19 furnishes the agency with the name of the member and notifies 72.20 the agency that: 72.21 (i) the member: 72.22 (A) is fleeing to avoid prosecution, or custody or 72.23 confinement after conviction, for a crime or attempt to commit a 72.24 crime that is a felony in the jurisdiction the member is 72.25 fleeing; 72.26 (B) is violating a condition of probation or parole imposed 72.27 under state or federal law; or 72.28 (C) has information that is necessary for the officer to 72.29 conduct an official duty related to conduct described in subitem 72.30 (A) or (B); 72.31 (ii) locating or apprehending the member is within the 72.32 officer's official duties; and 72.33 (iii) the request is made in writing and in the proper 72.34 exercise of the officer's official duty; 72.35 (19) certain information regarding child support obligors 72.36 who are in arrears may be made public according to section 73.1 518.575; 73.2 (20) data on child support payments made by a child support 73.3 obligor and data on the distribution of those payments excluding 73.4 identifying information on obligees may be disclosed to all 73.5 obligees to whom the obligor owes support, and data on the 73.6 enforcement actions undertaken by the public authority, the 73.7 status of those actions, and data on the income of the obligor 73.8 or obligee may be disclosed to the other party; 73.9 (21) data in the work reporting system may be disclosed 73.10 under section 256.998, subdivision 7; 73.11 (22) to the department of children, families, and learning 73.12 for the purpose of matching department of children, families, 73.13 and learning student data with public assistance data to 73.14 determine students eligible for free and reduced price meals, 73.15 meal supplements, and free milk according to United States Code, 73.16 title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to 73.17 produce accurate numbers of students receiving aid to families 73.18 with dependent children or Minnesota family investment 73.19 program-statewide as required by section 126C.06; to allocate 73.20 federal and state funds that are distributed based on income of 73.21 the student's family; and to verify receipt of energy assistance 73.22 for the telephone assistance plan; 73.23 (23) the current address and telephone number of program 73.24 recipients and emergency contacts may be released to the 73.25 commissioner of health or a local board of health as defined in 73.26 section 145A.02, subdivision 2, when the commissioner or local 73.27 board of health has reason to believe that a program recipient 73.28 is a disease case, carrier, suspect case, or at risk of illness, 73.29 and the data are necessary to locate the person; 73.30 (24) to other state agencies, statewide systems, and 73.31 political subdivisions of this state, including the attorney 73.32 general, and agencies of other states, interstate information 73.33 networks, federal agencies, and other entities as required by 73.34 federal regulation or law for the administration of the child 73.35 support enforcement program; 73.36 (25) to personnel of public assistance programs as defined 74.1 in section 256.741, for access to the child support system 74.2 database for the purpose of administration, including monitoring 74.3 and evaluation of those public assistance programs; or 74.4 (26) to monitor and evaluate the statewide Minnesota family 74.5 investment program by exchanging data between the departments of 74.6 human services and children, families, and learning, on 74.7 recipients and former recipients of food stamps, cash assistance 74.8 under chapter 256, 256D, 256J, or 256K, child care assistance 74.9 under chapter 119B, or medical programs under chapter 256B, 74.10 256D, or 256L. 74.11 (b) Information on persons who have been treated for drug 74.12 or alcohol abuse may only be disclosed according to the 74.13 requirements of Code of Federal Regulations, title 42, sections 74.14 2.1 to 2.67. 74.15 (c) Data provided to law enforcement agencies under 74.16 paragraph (a), clause (15), (16), (17), or (18), or paragraph 74.17 (b), are investigative data and are confidentialor protected74.18nonpublicwhile the investigation is active. The data are 74.19 private after the investigation becomes inactive under section 74.20 13.82, subdivision 5, paragraph (a) or (b). 74.21 (d) Mental health datashallmust be treated as provided in 74.22 subdivisions 7, 8, and 9, but is not subject to the access 74.23 provisions of subdivision 10, paragraph (b). 74.24 Sec. 43. Minnesota Statutes 1998, section 13.46, 74.25 subdivision 3, is amended to read: 74.26 Subd. 3. [INVESTIGATIVE DATA.] Data on persons, including 74.27 data on vendors of services and data on licensees, that is 74.28 collected, maintained, used, or disseminated by the welfare 74.29 system in an investigation, authorized by statute and relating 74.30 to the enforcement of rules or law, is confidential dataon74.31individuals pursuant to section 13.02, subdivision 3, or74.32protected nonpublic data not on individuals pursuant to section74.3313.02, subdivision 13,andshallmust not be disclosed except: 74.34(a)(1) pursuant to section 13.05; 74.35(b)(2) pursuant to statute or valid court order; 74.36(c)(3) to a party named in a civil or criminal proceeding, 75.1 administrative or judicial, for preparation of defense; or 75.2(d)(4) to provide notices required or permitted by statute. 75.3 The data referred to in this subdivisionshall be75.4classified asbecome public data upon its submission to an 75.5 administrative law judge or court in an administrative or 75.6 judicial proceeding. Inactive welfare investigative data shall 75.7 be treated as provided in section 13.39, subdivision 3. 75.8 Sec. 44. Minnesota Statutes 1998, section 13.46, 75.9 subdivision 4, is amended to read: 75.10 Subd. 4. [LICENSING DATA.] (a) As used in this subdivision: 75.11 (1) "licensing data" means all data collected, maintained, 75.12 used, or disseminated by the welfare system pertaining to 75.13 persons licensed or registered or who apply for licensure or 75.14 registration or who formerly were licensed or registered under 75.15 the authority of the commissioner of human services; 75.16 (2) "client" means a person who is receiving services from 75.17 a licensee or from an applicant for licensure; and 75.18 (3) "personal and personal financial data" means social 75.19 security numbers, identity of and letters of reference, 75.20 insurance information, reports from the bureau of criminal 75.21 apprehension, health examination reports, and social/home 75.22 studies. 75.23 (b) Except as provided in paragraph (c), the following data 75.24 on current and former licensees are public: name, address, 75.25 telephone number of licensees, licensed capacity, type of client 75.26 preferred, variances granted, type of dwelling, name and 75.27 relationship of other family members, previous license history, 75.28 class of license, and the existence and status of complaints. 75.29 When disciplinary action has been taken against a licensee or 75.30 the complaint is resolved, the following data are public: the 75.31 substance of the complaint, the findings of the investigation of 75.32 the complaint, the record of informal resolution of a licensing 75.33 violation, orders of hearing, findings of fact, conclusions of 75.34 law, and specifications of the final disciplinary action 75.35 contained in the record of disciplinary action. 75.36 The following data on persons subject to disqualification 76.1 under section 245A.04 in connection with a license to provide 76.2 family day care for children, child care center services, foster 76.3 care for children in the provider's home, or foster care or day 76.4 care services for adults in the provider's home, are public: 76.5 the nature of any disqualification set aside under section 76.6 245A.04, subdivision 3b, and the reasons for setting aside the 76.7 disqualification; and the reasons for granting any variance 76.8 under section 245A.04, subdivision 9. 76.9 (c) The following are private dataon individuals under76.10section 13.02, subdivision 12, or nonpublic data under section76.1113.02, subdivision 9: personal and personal financial data on 76.12 family day care program and family foster care program 76.13 applicants and licensees and their family members who provide 76.14 services under the license. 76.15 (d) The following are private data on individuals: the 76.16 identity of persons who have made reports concerning licensees 76.17 or applicants that appear in inactive investigative data, and 76.18 the records of clients or employees of the licensee or applicant 76.19 for licensure whose records are received by the licensing agency 76.20 for purposes of review or in anticipation of a contested 76.21 matter. The names of reporters under sections 626.556 and 76.22 626.557 may be disclosed only as provided in section 626.556, 76.23 subdivision 11, or 626.557, subdivision 12b. 76.24 (e) Data classified as private,or confidential, nonpublic,76.25or protected nonpublicunder this subdivision become public data 76.26 if submitted to a court or administrative law judge as part of a 76.27 disciplinary proceeding in which there is a public hearing 76.28 concerning the disciplinary action. 76.29 (f) Data generated in the course of licensing 76.30 investigations that relate to an alleged violation of law are 76.31 investigative data under subdivision 3. 76.32 (g) Data that arenot publicprivate or confidential data 76.33 collected, maintained, used, or disseminated under this 76.34 subdivision and that relate to or are derived from a report as 76.35 defined in section 626.556, subdivision 2, are subject to the 76.36 destruction provisions of section 626.556, subdivision 11. 77.1 Sec. 45. Minnesota Statutes 1998, section 13.46, 77.2 subdivision 8, is amended to read: 77.3 Subd. 8. [ACCESS FOR AUDITING.] To the extent required by 77.4 state or federal law for the purpose of auditing, 77.5 representatives of federal, state, or local agenciesshallmust 77.6 have access to data maintained by public or private community 77.7 mental health centers, mental health divisions of counties, and 77.8 other providers under contract to deliver mental health services 77.9which is necessary to achieve the purpose of auditing. Public 77.10 or private community mental health centers, mental health 77.11 divisions of counties, and other providers under contract to 77.12 deliver mental health servicesshallmust not permit this data 77.13 to identify any particular patient or client by name or contain 77.14 any other unique personal identifier, except data provided to 77.15 the legislative auditor. Notwithstanding any statute or rule to 77.16 the contrary, and solely for the purposes of conducting an audit 77.17 approved by the legislative audit commission in 1988, the 77.18 legislative auditorshallmust be given access to all data, 77.19 records, and files classified asnot publicprivate or 77.20 confidential data. The legislative auditorshallmust maintain 77.21 all data collected under this subdivision in accordance with 77.22 chapter 13 and may not disclose data that identify a patient or 77.23 client by name or that contain any other personal identifier. 77.24 Sec. 46. Minnesota Statutes 1998, section 13.46, 77.25 subdivision 10, is amended to read: 77.26 Subd. 10. [RESPONSIBLE AUTHORITY.] (a) Notwithstanding any 77.27 other provision of this chapter to the contrary, the responsible 77.28 authority for each component of the welfare system listed in 77.29 subdivision 1, clause (c),shall beis as follows: 77.30 (1) the responsible authority for the department of human 77.31 services, state hospitals, and nursing homes is the commissioner 77.32 of the department of human services; 77.33 (2) the responsible authority of a county welfare agency is 77.34 the director of the county welfare agency; 77.35 (3) the responsible authority for a local social services 77.36 agency, human services board, or community mental health center 78.1 board is the chair of the board; 78.2 (4) the responsible authority of any person, agency, 78.3 institution, organization, or other entity under contract to any 78.4 of the components of the welfare system listed in subdivision 1, 78.5 clause (c), is the person specified in the contract; and 78.6 (5) the responsible authority of the public authority for 78.7 child support enforcement is the head of the public authority 78.8 for child support enforcement. 78.9 (b) A responsible authorityshallmust allow another 78.10 responsible authority in the welfare system access to data 78.11 classified asnot publicprivate or confidential data when 78.12 access is necessary for the administration and management of 78.13 programs, or as authorized or required by statute or federal law. 78.14 Sec. 47. Minnesota Statutes 1998, section 13.46, 78.15 subdivision 11, is amended to read: 78.16 Subd. 11. [NURSING HOME APPRAISALS.] Names, addresses, and 78.17 other data that could identify nursing homes selected as part of 78.18 a random sample to be appraised by the department of human 78.19 services in its rate setting process areclassified as protected78.20nonpublicconfidential data not on individuals until the sample 78.21 has been completed. 78.22 Sec. 48. Minnesota Statutes 1998, section 13.48, is 78.23 amended to read: 78.24 13.48 [AWARD DATA.] 78.25 Financial data on business entities submitted to astate78.26agency, statewide system, or political subdivisiongovernment 78.27 entity for the purpose of presenting awards to business entities 78.28 for achievements in business development or performance are 78.29 private dataon individuals or nonpublic data. 78.30 Sec. 49. Minnesota Statutes 1998, section 13.50, is 78.31 amended to read: 78.32 13.50 [APPRAISAL DATA.] 78.33 Subdivision 1. [CONFIDENTIALOR PROTECTED NONPUBLICDATA.] 78.34 Estimated or appraised values of individual parcels of real 78.35 property which are made by personnel of the state, its agencies 78.36 and departments, or a political subdivision or by independent 79.1 appraisers acting for the state, its agencies and departments, 79.2 or a political subdivision for the purpose of selling or 79.3 acquiring land through purchase or condemnation areclassified79.4asconfidential dataon individuals or protected nonpublic data. 79.5 Subd. 2. [PUBLIC DATA.] The data made confidentialor79.6protected nonpublicby the provisions of subdivision 1 shall 79.7 become public upon the occurrence of any of the following: 79.8(a)(1) the negotiating parties exchange appraisals; 79.9(b)(2) the data are submitted to a court appointed 79.10 condemnation commissioner; 79.11(c)(3) the data are presented in court in condemnation 79.12 proceedings; or 79.13(d)(4) the negotiating parties enter into an agreement for 79.14 the purchase and sale of the property. 79.15 Sec. 50. Minnesota Statutes 1998, section 13.51, is 79.16 amended to read: 79.17 13.51 [ASSESSOR'S DATA.] 79.18 Subdivision 1. [GENERALLY.] The following data collected, 79.19 created, and maintained by political subdivisions areclassified79.20asprivate, pursuant to section 13.02, subdivision 12, or79.21nonpublic depending on the content of the specificdata: data 79.22 contained on sales sheets received from private multiple listing 79.23 service organizations where the contract with the organizations 79.24 requires the political subdivision to refrain from making the 79.25 data available to the public. 79.26 Subd. 2. [INCOME PROPERTY ASSESSMENT DATA.] The following 79.27 data collected by political subdivisions from individuals or 79.28 business entities concerning income properties are classified as 79.29 privateor nonpublicdatapursuant to section 13.02,79.30subdivisions 9 and 12: 79.31(a)(1) detailed income and expense figures for the current 79.32 year plus the previous three years; 79.33(b)(2) average vacancy factors for the previous three 79.34 years; 79.35(c)(3) verified net rentable areas or net usable areas, 79.36 whichever is appropriate; 80.1(d)(4) anticipated income and expenses for the current 80.2 year; 80.3(e)(5) projected vacancy factor for the current year; and 80.4(f)(6) lease information. 80.5 Subd. 3. [DATA ON INCOME OF INDIVIDUALS.] Income 80.6 information on individuals collected and maintained by political 80.7 subdivisions to determine eligibility of property for 80.8 classification 4c under section 273.13, subdivision 25, 80.9 paragraph (c), is private data on individualsas defined in80.10section 13.02, subdivision 12. 80.11 Sec. 51. Minnesota Statutes 1998, section 13.511, is 80.12 amended to read: 80.13 13.511 [LODGING TAX DATA.] 80.14 Data, other than basic taxpayer identification data, 80.15 collected from taxpayers under a lodging tax ordinance are 80.16nonpublicprivate data. 80.17 Sec. 52. Minnesota Statutes 1998, section 13.52, is 80.18 amended to read: 80.19 13.52 [DEFERRED ASSESSMENT DATA.] 80.20 Any data,collected by political subdivisions pursuant to 80.21 section 435.193, which indicate the amount or location of cash 80.22 or other valuables kept in the homes of applicants for deferred 80.23 assessment, are private datapursuant to section 13.02,80.24subdivision 12on individuals. 80.25 Sec. 53. Minnesota Statutes 1998, section 13.521, is 80.26 amended to read: 80.27 13.521 [TRANSPORTATION SERVICE DATA.] 80.28 Personal, medical, financial, familial, or locational 80.29 information data pertaining to applicants for or users of 80.30 services providing transportation for the disabled or elderly, 80.31 with the exception of the name of the applicant or user of the 80.32 service, are private data on individuals. 80.33 Sec. 54. Minnesota Statutes 1998, section 13.53, is 80.34 amended to read: 80.35 13.53 [FOSTER CARE DATA.] 80.36 The following data collected, created and maintained by a 81.1 community action agency in a study of the impact of foster care 81.2 policies on families areclassified asconfidential data,81.3pursuant to section 13.02, subdivision 3on individuals: names 81.4 of persons interviewed; foster care placement plans obtained 81.5 from other public and private agencies; and all information 81.6 gathered during interviews with study participants. 81.7 Sec. 55. Minnesota Statutes 1998, section 13.531, is 81.8 amended to read: 81.9 13.531 [FARM ASSISTANCE DATA.] 81.10 The following data collected and maintained by counties 81.11 that provide assistance to individual farmers who are 81.12 experiencing economic or emotional distress areclassified as81.13 private data on individuals: financial history, including 81.14 listings of assets and debts, and personal and emotional status 81.15 information. 81.16 Sec. 56. Minnesota Statutes 1998, section 13.54, 81.17 subdivision 2, is amended to read: 81.18 Subd. 2. [CONFIDENTIAL DATA.] (a) The following data on 81.19 individuals maintained by the housing agency areclassified as81.20 confidential data, pursuant to section 13.02, subdivision 3: 81.21 correspondence between the agency and the agency's attorney 81.22 containing data collected as part of an active investigation 81.23 undertaken for the purpose of the commencement or defense of 81.24 potential or actual litigation, including but not limited to: 81.25 referrals to the office of the inspector general or other 81.26 prosecuting agencies for possible prosecution for fraud; 81.27 initiation of lease terminations and unlawful detainer actions; 81.28 admission denial hearings concerning prospective tenants; 81.29 commencement of actions against independent contractors of the 81.30 agency; and tenant grievance hearings. 81.31 (b) The following data not on individuals maintained by the 81.32 housing agency are confidential data: correspondence between 81.33 the agency and the agency's attorney containing data collected 81.34 as part of an active investigation undertaken for the purpose of 81.35 the commencement or defense of potential or actual litigation, 81.36 including but not limited to, referrals to the office of the 82.1 inspector general or other prosecuting bodies or agencies for 82.2 possible prosecution for fraud and commencement of actions 82.3 against independent contractors of the agency. 82.4 Sec. 57. Minnesota Statutes 1998, section 13.54, 82.5 subdivision 4, is amended to read: 82.6 Subd. 4. [NONPUBLICPRIVATE DATA.] (a) The following data 82.7 not on individuals maintained by the housing agency are 82.8 classified asnonpublic data, pursuant to section 13.02,82.9subdivision 9private data: all data pertaining to negotiations 82.10 with property owners regarding the purchase of property. With 82.11 the exception of the housing agency's evaluation of properties 82.12 not purchased, all other negotiation datashallmust be public 82.13 at the time of the closing of the property sale. 82.14 (b) Income information on individuals collected and 82.15 maintained by a housing agency to determine eligibility of 82.16 property for classification 4c under section 273.13, subdivision 82.17 25, paragraph (c), is private data on individuals. The data may 82.18 be disclosed to the county and local assessors responsible for 82.19 determining eligibility of the property for classification 4c. 82.20 Sec. 58. Minnesota Statutes 1998, section 13.55, 82.21 subdivision 1, is amended to read: 82.22 Subdivision 1. [NOT PUBLIC CLASSIFICATIONPRIVATE DATA.] 82.23 The following data received, created, or maintained by or for 82.24 publicly owned and operated convention facilities, civic center 82.25 authorities, or the metropolitan sports facilities commission 82.26 areclassified as nonpublicprivate datapursuant to section82.2713.02, subdivision 9; or private data on individuals pursuant to82.28section 13.02, subdivision 12: 82.29(a)(1) a letter or other documentation from any person who 82.30 makes inquiry to or who is contacted by the facility regarding 82.31 the availability of the facility for staging events; 82.32(b)(2) identity of firms and corporations which contact 82.33 the facility; 82.34(c)(3) type of event which they wish to stage in the 82.35 facility; 82.36(d)(4) suggested terms of rentals; and 83.1(e)(5) responses of authority staff to these inquiries. 83.2 Sec. 59. Minnesota Statutes 1998, section 13.55, 83.3 subdivision 2, is amended to read: 83.4 Subd. 2. [PUBLIC DATA.] The data madenot publicprivate 83.5 by the provisions of subdivision 1shallbecome public upon the 83.6 occurrence of any of the following: 83.7(a)(1) five years elapse from the date on which the lease 83.8 or contract is entered into between the facility and the 83.9 inquiring party or parties or the event which was the subject of 83.10 inquiry occurs at the facility, whichever occurs earlier; 83.11(b)(2) the event which was the subject of inquiry does not 83.12 occur; or 83.13(c)(3) the event which was the subject of inquiry occurs 83.14 elsewhere. 83.15 Sec. 60. Minnesota Statutes 1998, section 13.551, is 83.16 amended to read: 83.17 13.551 [PORT AUTHORITY DATA.] 83.18 Subdivision 1. [SAINT PAUL PORT AUTHORITY.] The following 83.19 data not on individuals collected and maintained by the Saint 83.20 Paul port authority areclassified as protected83.21nonpublicconfidential data, until 30 days before the date of a 83.22 hearing on a proposed sale pursuant to section 469.065: 83.23 financial studies and reports that are part of appraisers' 83.24 estimates of value of or concerning projects as defined in 83.25 chapter 474, prepared by personnel of the port authority or 83.26 independent accountants, consultants, and appraisers for the 83.27 purpose of marketing by sale or lease a project which the port 83.28 authority has acquired or repossessed as the result of the 83.29 default under and the termination of a revenue agreement as 83.30 defined in chapter 474. 83.31 Subd. 2. [RED WING PORT AUTHORITY.] Data maintained by the 83.32 Red Wing port authority that pertain to negotiations with 83.33 property owners regarding the purchase of property arenonpublic83.34 confidential data not on individuals. With the exception of the 83.35 authority's evaluation of properties not purchased, all other 83.36 negotiation data become public at the time of the closing of the 84.1 property sale. 84.2 Sec. 61. Minnesota Statutes 1998, section 13.57, is 84.3 amended to read: 84.4 13.57 [SOCIAL RECREATIONAL DATA.] 84.5 The following data collected and maintained by political 84.6 subdivisions for the purpose of enrolling individuals in 84.7 recreational and other social programs areclassified as84.8 private, pursuant to section 13.02, subdivision 12data on 84.9 individuals: the name, address, telephone number, any other 84.10 data that identifies the individual, and any data which 84.11 describes the health or medical condition of the individual, 84.12 family relationships and living arrangements of an individual or 84.13whichthat are opinions as to the emotional makeup or behavior 84.14 of an individual. 84.15 Sec. 62. Minnesota Statutes 1998, section 13.59, is 84.16 amended to read: 84.17 13.59 [REDEVELOPMENT DATA.] 84.18 Subdivision 1. [PRIVATE DATA.] The following data 84.19 collected in surveys of individuals conducted by cities and 84.20 housing and redevelopment authorities for the purposes of 84.21 planning, development, and redevelopment, areclassified as84.22 private datapursuant to section 13.02, subdivision 12on 84.23 individuals: the names and addresses of individuals and the 84.24 legal descriptions of property owned by individuals. 84.25 Subd. 2. [NONPUBLICPRIVATE DATA.] The following data 84.26 collected in surveys of businesses conducted by cities and 84.27 housing and redevelopment authorities, for the purposes of 84.28 planning, development, and redevelopment, areclassified as84.29nonpublicprivate datapursuant to section 13.02, subdivision 984.30 not on individuals: the names, addresses, and legal 84.31 descriptions of business properties and the commercial use of 84.32 the property to the extent disclosure of the use would identify 84.33 a particular business. 84.34 Sec. 63. Minnesota Statutes 1998, section 13.61, is 84.35 amended to read: 84.36 13.61 [INSURANCE TRUST DATA; PRIVATEAND NONPUBLICDATA.] 85.1 The following data collected or created by the league of 85.2 Minnesota cities insurance trust, association of Minnesota 85.3 counties insurance trust, or by the Minnesota school board 85.4 association insurance trust in order to process claims for 85.5 workers' compensation areclassified as eitherprivate datain85.6regard to claims when the insured worker is living, or nonpublic85.7data in regard to claims when the insured worker is deceasedon 85.8 individuals or on decedents: name, address, phone number, and 85.9 social security account number of the claimant if the claimant 85.10 is not a public employee; claim number, date of claimed injury, 85.11 employee's social security number, home phone number, home 85.12 address, date of birth, sex, and marital status; whether claimed 85.13 injury caused loss of time from work; whether the employee lost 85.14 time from work on the day of the claimed injury and the number 85.15 of hours lost; whether the employee has returned to work; 85.16 whether full or partial wages were paid for the first day of 85.17 lost time and the amount paid, time of day, and location where 85.18 injury occurred; whether the injury occurred on employer's 85.19 premises; the name, address, and phone number of the treating 85.20 physician or practitioner; identification of the hospital where 85.21 treated; nature of the claimed injury or occupational illness; 85.22 part of body affected; name or type of object involved in 85.23 causing the injury; nature of injury; type of accident; 85.24 description of actions taken to prevent recurrence; names of 85.25 coworker witnesses; and all data collected or created as a 85.26 result of the investigation of the claim including, but not 85.27 limited to, physicians' reports; other data on the medical 85.28 condition of the claimant; data collected from the claimant's 85.29 physicians; and data collected in interviews of the claimant's 85.30 employer, coworkers, family members, and neighbors. 85.31 Sec. 64. Minnesota Statutes 1998, section 13.62, is 85.32 amended to read: 85.33 13.62 [ECONOMIC ASSISTANCE DATA.] 85.34 The following data collected by cities in their 85.35 administration of the city economic development assistance 85.36 program areclassified as nonpublicprivate data not on 86.1 individuals: 86.2 (1) application data, except company names, addresses, and 86.3 other data that identify the applicant, until the application is 86.4 approved by the city; 86.5 (2) application data, except company names, addresses, and 86.6 other data that identify the applicant, that pertain to 86.7 companies whose applications have been disapproved; 86.8 (3) attachments to applications including but, not limited 86.9 to, business and personal financial records, until the 86.10 application is approved; 86.11 (4) income tax returns, either personal or corporate, that 86.12 are filed by applicants; and 86.13 (5) correspondence between the program administrators and 86.14 the applicant until the application has been approved or 86.15 disapproved. 86.16 Sec. 65. Minnesota Statutes 1998, section 13.621, is 86.17 amended to read: 86.18 13.621 [TWO HARBORS DEVELOPMENT COMMISSION DATA.] 86.19 Subdivision 1. [NONPUBLICPRIVATE DATA.] The following 86.20 datathat aresubmitted to the Two Harbors development 86.21 commission by businesses that are requesting financial 86.22 assistance arenonpublicprivate data not on individuals: 86.23 financial statements, business plans, income and expense 86.24 projections, customer lists, balance sheets, net worth 86.25 calculations, and market data, including feasibility studies not 86.26 paid for with public funds. 86.27 Subd. 2. [PUBLIC DATA.] Data submitted to the commission 86.28 under subdivision 1 become public data if the commission 86.29 provides financial assistance to the business except that the 86.30 following data remainnonpublicprivate data not on individuals: 86.31 business plans, income and expense projections, customer lists, 86.32 and market data, including feasibility studies not paid for with 86.33 public funds. 86.34 Sec. 66. Minnesota Statutes 1998, section 13.622, is 86.35 amended to read: 86.36 13.622 [MOORHEAD ECONOMIC DEVELOPMENT AUTHORITY DATA.] 87.1 Subdivision 1. [NONPUBLICPRIVATE DATA.] The following 87.2 data submitted to the city of Moorhead and to the Moorhead 87.3 economic development authority by businesses that are requesting 87.4 financial assistance arenonpublicprivate data not on 87.5 individuals: financial statements, business plans, income and 87.6 expense projections, customer lists, balance sheets, and market 87.7 and feasibility studies not paid for with public funds. 87.8 Subd. 2. [PUBLIC DATA.] Data submitted to the city and the 87.9 city's economic development authority under subdivision 1 become 87.10 public data if the city provides financial assistance to the 87.11 business except that the following data remainnonpublicprivate 87.12 data not on individuals: business plans, income and expense 87.13 projections, customer lists, and market and feasibility studies 87.14 not paid for with public funds. 87.15 Sec. 67. Minnesota Statutes 1998, section 13.64, is 87.16 amended to read: 87.17 13.64 [DEPARTMENT OF ADMINISTRATION DATA.] 87.18 Notes and preliminary drafts of reports created, collected, 87.19 or maintained by the management analysis division, department of 87.20 administration, and prepared during management studies, audits, 87.21 reviews, consultations, or investigations areclassified as87.22 confidentialor protected nonpublicdata until the final report 87.23 has been published or preparation of the report is no longer 87.24 being actively pursued. Data that support the conclusions of 87.25 the report and that the commissioner of administration 87.26 reasonably believes will result in litigation are confidential 87.27or protected nonpublicuntil the litigation has been completed 87.28 or until the litigation is no longer being actively pursued. 87.29 Data on individuals that could reasonably be used to determine 87.30 the identity of an individual supplying data for a report are 87.31 private if (a) the data supplied by the individual were needed 87.32 for a report and (b) the data would not have been provided to 87.33 the management analysis division without an assurance to the 87.34 individual that the individual's identity would remain private. 87.35 Sec. 68. Minnesota Statutes 1998, section 13.643, 87.36 subdivision 1, is amended to read: 88.1 Subdivision 1. [LOAN AND GRANT APPLICANT DATA.] The 88.2 following data on applicants, collected by the department of 88.3 agriculture in its sustainable agriculture revolving loan and 88.4 grant programs under sections 17.115 and 17.116, are privateor88.5nonpublic: nonfarm income; credit history; insurance coverage; 88.6 machinery and equipment list; financial information; and credit 88.7 information requests. 88.8 Sec. 69. Minnesota Statutes 1998, section 13.645, is 88.9 amended to read: 88.10 13.645 [AQUACULTURE PERMIT DATA.] 88.11 The following data collected and maintained by an agency 88.12 issuing aquaculture permits under sections 17.47 to 17.498 are 88.13classified asprivateor nonpublicdata: the names and 88.14 addresses of customers provided in the permit application. 88.15 Sec. 70. Minnesota Statutes 1998, section 13.646, 88.16 subdivision 2, is amended to read: 88.17 Subd. 2. [CLASSIFICATIONS.] Legislative and budget 88.18 proposals, including preliminary drafts, that are created, 88.19 collected, or maintained by the state administration are 88.20protected nonpublicconfidential data not on individuals. After 88.21 the budget is presented to the legislature by the state 88.22 administration, supporting data, including agency requests, are 88.23 public data. Supporting data do not include preliminary 88.24 drafts. The state administration may disclose any of the data 88.25 within the state administration and to the public at any time if 88.26 disclosure would aid the administration in considering and 88.27 preparing its proposals. 88.28 Sec. 71. Minnesota Statutes 1998, section 13.65, 88.29 subdivision 2, is amended to read: 88.30 Subd. 2. [CONFIDENTIAL DATA.] The following data created, 88.31 collected and maintained by the office of the attorney general 88.32 areclassified asconfidential, pursuant to section 13.02,88.33subdivision 3data on individuals: data acquired through 88.34 communications made in official confidence to members of the 88.35 attorney general's staff where the public interest would suffer 88.36 by disclosure of the data. 89.1 Sec. 72. Minnesota Statutes 1998, section 13.65, 89.2 subdivision 3, is amended to read: 89.3 Subd. 3. [PUBLIC DATA.] Data describing the final 89.4 disposition of disciplinary proceedings held by any state 89.5 agency, board or commission areclassified aspublic, pursuant89.6to section 13.02, subdivision 15data. 89.7 Sec. 73. Minnesota Statutes 1998, section 13.66, is 89.8 amended to read: 89.9 13.66 [CORRECTIONS OMBUDSMAN DATA.] 89.10 Subdivision 1. [PRIVATE DATA.] The following data 89.11 maintained by the ombudsman for corrections areclassified as89.12 private, pursuant to section 13.02, subdivision 12data on 89.13 individuals: 89.14(a)(1) all data on individuals pertaining to contacts made 89.15 by clients seeking the assistance of the ombudsman, except as 89.16 specified in subdivisions 2 and 3; 89.17(b)(2) data recorded from personal and phone conversations 89.18 and in correspondence between the ombudsman's staff andpersons89.19 individuals interviewed during the course of an investigation; 89.20(c)(3) client index cards; 89.21(d)(4) case assignment data; and 89.22(e)(5) monthly closeout data. 89.23 Subd. 2. [CONFIDENTIAL DATA.] The following data 89.24 maintained by the ombudsman areclassified asconfidential,89.25pursuant to section 13.02, subdivision 3data on individuals: 89.26 the written summary of the investigation to the extent it 89.27 identifies individuals. 89.28 Subd. 3. [PUBLIC DATA.] The following data maintained by 89.29 the ombudsman areclassified aspublic, pursuant to section89.3013.02, subdivision 15: client name, client location;, and the 89.31 inmate identification number assigned by the department of 89.32 corrections. 89.33 Sec. 74. Minnesota Statutes 1998, section 13.67, is 89.34 amended to read: 89.35 13.67 [EMPLOYEE RELATIONS DATA.] 89.36 The following data collected, created, or maintained by the 90.1 department of employee relations areclassified as nonpublic90.2 private datapursuant to section 13.02, subdivision 9not on 90.3 individuals: 90.4(a)(1) the commissioner's plan prepared by the department, 90.5 pursuant to section 3.855, which governs the compensation and 90.6 terms and conditions of employment for employees not covered by 90.7 collective bargaining agreements until the plan is submitted to 90.8 the legislative commission on employee relations; 90.9(b)(2) data pertaining to grievance or interest 90.10 arbitration that has not been presented to the arbitrator or 90.11 other party during the arbitration process; 90.12(c)(3) notes and preliminary drafts of reports prepared 90.13 during personnel investigations and personnel management reviews 90.14 of state departments and agencies; 90.15(d)(4) the managerial plan prepared by the department 90.16 pursuant to section 43A.18 that governs the compensation and 90.17 terms and conditions of employment for employees in managerial 90.18 positions, as specified in section 43A.18, subdivision 3, until 90.19 the plan is submitted to the legislative commission on employee 90.20 relations; and 90.21(e)(5) claims experience and all related information 90.22 received from carriers and claims administrators participating 90.23 in either the state group insurance plan, the Minnesota employee 90.24 insurance program, the state workers' compensation program, or 90.25 the public employees insurance program as defined in chapter 90.26 43A, and survey information collected from employees and 90.27 employers participating in these plans and programs, exceptwhen90.28 if the department determines that release of the data will not 90.29 be detrimental to the plan or program. 90.30 Sec. 75. Minnesota Statutes 1998, section 13.671, is 90.31 amended to read: 90.32 13.671 [IRON RANGE RESOURCES AND REHABILITATION BOARD 90.33 DATA.] 90.34 Subdivision 1. [NONPUBLICPRIVATE DATA.] The following 90.35 data that are submitted to the commissioner of the iron range 90.36 resources and rehabilitation board by businesses that are 91.1 requesting financial assistance arenonpublicprivate data not 91.2 on individuals: the identity of the business and financial 91.3 information about the business including, but not limited to, 91.4 credit reports, financial statements, net worth calculations, 91.5 business plans, income and expense projections, customer lists, 91.6 and market and feasibility studies not paid for with public 91.7 funds. 91.8 Subd. 2. [PUBLIC DATA.] Data submitted to the commissioner 91.9 under subdivision 1 become public data upon submission of the 91.10 request for financial assistance to the iron range resources and 91.11 rehabilitation board except that the following data remain 91.12nonpublicprivate data not on individuals: business plans, 91.13 income and expense projections, customer lists, and market and 91.14 feasibility studies not paid for with public funds. 91.15 Sec. 76. Minnesota Statutes 1998, section 13.68, is 91.16 amended to read: 91.17 13.68 [ENERGY AND FINANCIAL DATA AND STATISTICS.] 91.18 Subdivision 1. [NONPUBLICPRIVATE DATA.] Energy and 91.19 financial data, statistics, and information furnished to the 91.20 commissioner of public service development by a coal supplier or 91.21 petroleum supplier, or information on individual business 91.22 customers of a public utility pursuant to section 216C.16 or 91.23 216C.17, either directly or through a federal department or 91.24 agency are classified asnonpublicprivate dataas defined by91.25section 13.02, subdivision 9not on individuals. 91.26 Subd. 2. [ENERGY AUDIT DATA.] Data contained in copies of 91.27 bids, contracts, letters of agreement between utility companies 91.28 and third party auditors and firms, and in utility statements or 91.29 documents showing costs for employee performance of energy 91.30 audits which are received by the commissioner of public service 91.31 in order to arbitrate disputes arising from complaints 91.32 concerning the award of contracts to perform energy conservation 91.33 audits areclassified as protected nonpublicconfidential data 91.34 not on individualsas defined by section 13.02, subdivision 13. 91.35 Sec. 77. Minnesota Statutes 1998, section 13.69, 91.36 subdivision 1, is amended to read: 92.1 Subdivision 1. [CLASSIFICATIONS.] (a) The following 92.2 government data of the department of public safety are private 92.3 data on individuals: 92.4 (1) medical data on driving instructors, licensed drivers, 92.5 and applicants for parking certificates and special license 92.6 plates issued to physically handicapped persons; 92.7 (2) other data on holders of a disability certificate under 92.8 section 169.345, except that data that are not medical data may 92.9 be released to law enforcement agencies; 92.10 (3) social security numbers in driver's license and motor 92.11 vehicle registration records, except that social security 92.12 numbers must be provided to the department of revenue for 92.13 purposes of tax administration and the department of labor and 92.14 industry for purposes of workers' compensation administration 92.15 and enforcement; and 92.16 (4) data on persons listed as designated caregivers under 92.17 section 171.07, subdivision 11, except that the data must be 92.18 released to: 92.19 (i) law enforcement agencies for the purpose of verifying 92.20 that an individual is a designated caregiver; or 92.21 (ii) law enforcement agencies who state that the license 92.22 holder is unable to communicate at that time and that the 92.23 information is necessary for notifying the designated caregiver 92.24 of the need to care for a child of the license holder. 92.25 (b) The following government data of the department of 92.26 public safety are confidential data on individuals: data 92.27 concerning an individual's driving ability whenthatthe datais92.28 are received from a member of the individual's family. 92.29 Sec. 78. Minnesota Statutes 1998, section 13.71, is 92.30 amended to read: 92.31 13.71 [DEPARTMENT OF COMMERCE DATA.] 92.32 Subdivision 1. [SURPLUS LINE INSURANCE DATA.] All data 92.33 appearing on copies of surplus line insurance policies collected 92.34 by the department of commerce pursuant to sections 60A.195 to 92.35 60A.209 areclassified asprivate data on individuals. 92.36 Subd. 2. [GROUP WORKERS' COMPENSATION SELF-INSURANCE 93.1 DATA.] Financial data relating to nonpublic companies that are 93.2 submitted to the commissioner of commerce for the purpose of 93.3 obtaining approval to self-insure workers' compensation 93.4 liability as a group areclassified as nonpublicprivate data 93.5 not on individuals. 93.6 Subd. 3. [WORKERS' COMPENSATION SELF-INSURANCE DATA.] 93.7 Financial documents, including income statements, balance 93.8 sheets, statements of changes in financial positions, and 93.9 supporting financial information, submitted by nonpublic 93.10 companies seeking to self-insure their workers' compensation 93.11 liability or to be licensed as self-insurance plan 93.12 administrators areclassified as nonpublicprivate data not on 93.13 individuals. 93.14 Subd. 4. [POLLUTION LIABILITY INSURANCE SURVEY DATA.] Data 93.15 that could identify a company that responded to a pollution 93.16 liability insurance survey taken by the department of commerce 93.17 areclassified as nonpublicprivate data not on individuals. 93.18 Subd. 5. [DATA ON INSURANCE COMPANIES AND TOWNSHIP MUTUAL 93.19 COMPANIES.] The following data collected and maintained by the 93.20 department of commerce areclassified as nonpublicprivate data 93.21 not on individuals: 93.22(a)(1) that portion of any of the following data which 93.23 would identify the affected insurance company or township mutual 93.24 company:(1)(i) any order issued pursuant to section 60A.031, 93.25 subdivision 5, or 67A.241, subdivision 4, and based in whole or 93.26 in part upon a determination or allegation by the commerce 93.27 department or commissioner that an insurance company or township 93.28 mutual company is in an unsound, impaired, or potentially 93.29 unsound or impaired condition; or(2)(ii) any stipulation, 93.30 consent agreement, letter agreement, or similar document 93.31 evidencing the settlement of any proceeding commenced pursuant 93.32 to an order of a type described inclause (1)item (i), or an 93.33 agreement between the department and an insurance company or 93.34 township mutual company entered in lieu of the issuance of an 93.35 order of the type described inclause (1)item (i); 93.36(b)(2) any correspondence or attachments relating to the 94.1 data listed in this subdivision. 94.2 Subd. 6. [COMPREHENSIVE HEALTH INSURANCE DATA.] The 94.3 following data on eligiblepersonsindividuals and enrollees of 94.4 the state comprehensive health insurance plan areclassified as94.5 private data: all data collected or maintained by the Minnesota 94.6 comprehensive health association, the writing carrier, and the 94.7 department of commerce. 94.8 The Minnesota comprehensive health association is 94.9 considered a state agency for purposes of this chapter. 94.10 The Minnesota comprehensive health association may disclose 94.11 data on eligiblepersonsindividuals and enrollees of the state 94.12 comprehensive health insurance plan to conduct actuarial and 94.13 research studies, notwithstanding the classification of this 94.14 data, if: 94.15 (1) the board authorizes the disclosure; 94.16 (2) no individual may be identified in the actuarial or 94.17 research report; 94.18 (3) materials allowing an individual to be identified are 94.19 returned or destroyed as soon as they are no longer needed; and 94.20 (4) the actuarial or research organization agrees not to 94.21 disclose the information unless the disclosure would be 94.22 permitted under this chapter if made by the association. 94.23 Subd. 7. [CLASSIFICATION OF PPO AGREEMENT DATA.] Data 94.24 described in section 62E.13, subdivision 11, arenonpublic94.25 private data not on individuals. 94.26 Subd. 8. [RELEASE OF COMPLAINT TO RESPONDENT.] The 94.27 commissioner may provide a copy of a complaint to the subject of 94.28 the complaint when the commissioner determines that the access 94.29 is necessary in order to effectively conduct the investigation. 94.30 Sec. 79. Minnesota Statutes 1998, section 13.72, is 94.31 amended to read: 94.32 13.72 [TRANSPORTATION DEPARTMENT DATA.] 94.33 Subdivision 1. [ESTIMATES FOR CONSTRUCTION PROJECTS.] An 94.34 estimate of the cost of a construction project of the Minnesota 94.35 department of transportation prepared by department employees is 94.36nonpublicprivate data not on individuals and is not available 95.1 to the public from the time of final design until the project is 95.2 awarded. 95.3 Subd. 2. [RIDESHARE DATA.] The following data on 95.4 participants, collected by the department of transportation for 95.5 the purpose of administering the rideshare program, are 95.6 classified as privatepursuant to section 13.02, subdivision95.712data on individuals: residential address and phone number; 95.8 beginning and ending work hours; current mode of commuting to 95.9 and from work; and type of rideshare service information 95.10 requested. 95.11 Subd. 4. [MOTOR CARRIER ACCIDENT DATA.] All data submitted 95.12 to the department of transportation in the form of motor vehicle 95.13 carrier accident reports, except the portions of the report 95.14 forms in which the carrier and the driver provide their version 95.15 of the accident, are classified asnonpublic data with regard to95.16data not on individuals, and private data with regard to data on95.17individualsprivate data. 95.18 Subd. 5. [MOTOR CARRIER ACCIDENT VERSION DATA.] Those 95.19 portions of the motor vehicle carrier accident report forms, 95.20 that motor vehicle carriers are required to submit to the 95.21 department of transportation, that contain the carrier's and 95.22 driver's version of the accident are classified asprotected95.23nonpublic data with regard to data not on individuals, and95.24 confidential datawith regard to data on individuals. 95.25 Subd. 6. [COMPLAINT DATA.] Names of complainants, 95.26 complaint letters, and other unsolicited data furnished to the 95.27 department of transportation by a person other than the data 95.28 subject or department employee, which provide information that a 95.29 person who is subject to chapter 221 or rules adopted under that 95.30 chapter may not be in compliance with those requirements, are 95.31classified asconfidential dataor protected nonpublic data. 95.32 Subd. 7. [PUBLIC INVESTIGATIVE DATA.] The following data 95.33 created, collected, or maintained about persons subject to 95.34 chapter 221 and rules adopted under that chapter are public data: 95.35 data contained in inspection and compliance forms and data 95.36 contained in audit reports that are not prepared under contract 96.1 to the federal highway administration. 96.2 Subd. 8. [MOTOR CARRIER OPERATING DATA.] The following 96.3 data submitted by Minnesota intrastate motor carriers to the 96.4 department of transportation arenonpublicprivate data: all 96.5 payroll reports including wages, hours or miles worked, hours 96.6 earned, employee benefit data, and terminal and route-specific 96.7 operating data including percentage of revenues paid to agent 96.8 operated terminals, line-haul load factors, pickup and delivery 96.9 (PUD) activity, and peddle driver activity. 96.10 Sec. 80. Minnesota Statutes 1998, section 13.74, is 96.11 amended to read: 96.12 13.74 [ENVIRONMENTAL QUALITY DATA.] 96.13 The following data collected and maintained by the 96.14 environmental quality board areclassified asprivate data 96.15pursuant to section 13.02, subdivision 12: the names and 96.16 addresses of individuals who submitted information and letters 96.17 concerning personal health problems associated with transmission 96.18 lines. 96.19 Sec. 81. Minnesota Statutes 1998, section 13.75, is 96.20 amended to read: 96.21 13.75 [BUREAU OF MEDIATION SERVICES DATA.] 96.22 Subdivision 1. [REPRESENTATION DATA.] Authorization 96.23 signatures or cards furnished in support of a petition filed or 96.24 election conducted under sections 179.16, 179.18 to 179.25, and 96.25 179A.12, and all ballots, prior to the time of tabulation, are 96.26classified as protected nonpublicconfidential datawith regard96.27to data not on individuals pursuant to section 13.02,96.28subdivision 13, and as confidential data on individuals with96.29regard to data on individuals pursuant to section 13.02,96.30subdivision 3. 96.31 Subd. 2. [MEDIATION DATA.] All data received or maintained 96.32 by the commissioner or staff of the bureau of mediation services 96.33 during the course of providing mediation services to the parties 96.34 to a labor dispute under the provisions of chapter 179 are 96.35classified as protected nonpublicconfidential datawith regard96.36to data not on individuals, pursuant to section 13.02,97.1subdivision 13, and as confidential data on individuals pursuant97.2to section 13.02, subdivision 3, except to the extent the 97.3 commissioner of the bureau of mediation services determines such 97.4 data are necessary to fulfill the requirements of section 97.5 179A.16, or to identify the general nature of or parties to a 97.6 labor dispute. 97.7 Sec. 82. Minnesota Statutes 1998, section 13.76, 97.8 subdivision 1, is amended to read: 97.9 Subdivision 1. [DEVELOPMENT LOAN DATA.] All financial 97.10 information on individuals and business entities including, but 97.11 not limited to, credit reports, financial statements, and net 97.12 worth calculations, that are contained in an application 97.13 received by the department of trade and economic development in 97.14 its administration of the certified state development loan 97.15 program areclassified asprivate datawith regard to data on97.16individuals, and as nonpublic data with regard to data not on97.17individualsuntil the application is approved. 97.18 Sec. 83. Minnesota Statutes 1998, section 13.76, 97.19 subdivision 2, is amended to read: 97.20 Subd. 2. [FINANCIAL INCENTIVE DATA.] Data collected by the 97.21 department of trade and economic development relating to 97.22 financial incentives offered by private businesses and 97.23 organizations, other than state government, to companies for 97.24 locating their proposed business operations in Minnesota are 97.25classified as nonpublicprivate data not on individuals. 97.26 Sec. 84. Minnesota Statutes 1998, section 13.761, is 97.27 amended to read: 97.28 13.761 [INDIAN AFFAIRS COUNCIL DATA.] 97.29 All financial information on individuals and business 97.30 entities including, but not limited to, credit reports, 97.31 financial statements, and net worth calculations, that are 97.32 contained in applications received by the Indian affairs council 97.33 in its administration of the Indian business development loan 97.34 program areclassified asprivate datawith regard to data on97.35individuals and as nonpublic data with regard to data not on97.36individuals. 98.1 Sec. 85. Minnesota Statutes 1998, section 13.77, 98.2 subdivision 1, is amended to read: 98.3 Subdivision 1. [NONPUBLICPRIVATE DATA.] Financial 98.4 information concerning individuals or business persons received 98.5 or prepared by the agriculture resource loan guaranty board in 98.6 connection with applications for loan guarantees pursuant to 98.7 Laws 1984, chapter 502, article 10, sections 1 to 12, including, 98.8 but not limited to, credit reports, financial statements, and 98.9 net worth calculations, isclassified as nonpublicprivate data. 98.10 Sec. 86. Minnesota Statutes 1998, section 13.78, is 98.11 amended to read: 98.12 13.78 [MINNESOTA EXPORT AUTHORITY DATA.] 98.13 Financial information concerning individuals or business 98.14 persons received or prepared by the export authority in 98.15 connection with applications for financial assistance pursuant 98.16 to section 116J.9673, including, but not limited to, credit 98.17 reports, financial statements, net worth calculations, income 98.18 and expense projections, and proposed terms of trade and foreign 98.19 risk coverage, isclassified as nonpublic data if it is data not98.20on an individual and asprivate dataif it is data on an98.21individual. 98.22 Sec. 87. Minnesota Statutes 1998, section 13.79, is 98.23 amended to read: 98.24 13.79 [DEPARTMENT OF LABOR AND INDUSTRY DATA.] 98.25 Data that identify complaining employees and that appear on 98.26 complaint forms received by the department of labor and industry 98.27 concerning alleged violations of the Fair Labor Standards Act, 98.28 section 181.75 or 181.9641 areclassified asprivate data on 98.29 individuals. 98.30 Sec. 88. Minnesota Statutes 1998, section 13.793, is 98.31 amended to read: 98.32 13.793 [NATURAL RESOURCES MINERAL DATA.] 98.33 Subdivision 1. [NONPUBLICPRIVATE DATA.] Except as 98.34 provided in subdivision 2, the following data received and 98.35 maintained by the commissioner of natural resources 98.36 arenonpublicprivate data not on individuals: 99.1 (1) a letter or other documentation from a person that is 99.2 supplied to the commissioner before a public lease sale of 99.3 metallic or other minerals for the purpose of making suggestions 99.4 or recommendations about which state lands may be offered for 99.5 public lease sale; 99.6 (2) a written report or other documentation of private 99.7 analyses of a state-owned or controlled drill core that is 99.8 public data and is under the custody of the commissioner; or 99.9 (3) exploration data received by the commissioner under the 99.10 terms of a state mineral lease. 99.11 Subd. 2. [DATA BECOME PUBLIC.] (a) Data under subdivision 99.12 1, clause (1), become public data three years after the date the 99.13 lease sale was held or, if not held, within three years after 99.14 the date the lease sale was scheduled to be held. Except as 99.15 provided in paragraph (b), data under subdivision 1, clause (2), 99.16 become public data one year after receipt by the commissioner. 99.17 Except as provided in paragraph (c) or as otherwise provided for 99.18 by law, data under subdivision 1, clause (3), become public data 99.19 upon termination of the state mineral lease under which the data 99.20 were gathered. 99.21 (b) If data under subdivision 1, clause (2), relate to 99.22 private land that is under mineral lease to the person 99.23 submitting the data, and the mineral lease is in force at the 99.24 time the data are submitted, the data become public data only 99.25 after the mineral lease is no longer in force. The person 99.26 submitting the data that relate to private land that is under 99.27 mineral leaseshallmust provide to the commissioner at the time 99.28 the data are submitted and annually thereafter, in a format 99.29 designated by the commissioner, satisfactory evidence that the 99.30 mineral lease is in effect. If, in a given year, satisfactory 99.31 evidence that the mineral lease is still in effect is not 99.32 provided to the commissioner before the anniversary date of 99.33 receipt of the data by the commissioner, the data immediately 99.34 become public data. 99.35 (c) If data under subdivision 1, clause (3), arenonpublic99.36 private data not on individuals under the provisions of section 100.1 103I.605, subdivision 4, clause (c), the data become public data 100.2 pursuant to the provisions of section 103I.605, subdivision 4, 100.3 clauses (c) and (d). 100.4 Sec. 89. Minnesota Statutes 1998, section 13.80, is 100.5 amended to read: 100.6 13.80 [DOMESTIC ABUSE DATA.] 100.7 All government data on individualswhich iscollected, 100.8 created, received or maintained by police departments, sheriffs' 100.9 offices or clerks of court pursuant to the Domestic Abuse Act, 100.10 section 518B.01, areclassified asconfidential data, pursuant100.11to section 13.02, subdivision 3,until a temporary court order 100.12 made pursuant to subdivision 5 or 7 of section 518B.01 is 100.13 executed or served upon the data subject who is the respondent 100.14 to the action. 100.15 Sec. 90. Minnesota Statutes 1998, section 13.82, 100.16 subdivision 5, is amended to read: 100.17 Subd. 5. [CRIMINAL INVESTIGATIVE DATA.] Except for the 100.18 data defined in subdivisions 2, 3, and 4, investigative data 100.19 collected or created by a law enforcement agency in order to 100.20 prepare a case against a person, whether known or unknown, for 100.21 the commission of a crime or other offense for which the agency 100.22 has primary investigative responsibility is confidentialor100.23protected nonpublicdata while the investigation is active. 100.24 Inactive investigative data is public unless the release of the 100.25 data would jeopardize another ongoing investigation or would 100.26 reveal the identity of individuals protected under subdivision 100.27 10. Photographswhichthat are part of inactive investigative 100.28 files andwhichthat are clearly offensive to common 100.29 sensibilities are classified as privateor nonpublicdata, 100.30providedexcept that the existence of the photographsshallmust 100.31 be disclosed to any person requesting access to the inactive 100.32 investigative file. An investigation becomes inactive upon the 100.33 occurrence of any of the following events: 100.34(a)(1) a decision by the agency or appropriate 100.35 prosecutorial authority not to pursue the case; 100.36(b)(2) expiration of the time to bring a charge or file a 101.1 complaint under the applicable statute of limitations, or 30 101.2 years after the commission of the offense, whichever comes 101.3 earliest; or 101.4(c)(3) exhaustion of or expiration of all rights of appeal 101.5 by a person convicted on the basis of the investigative data. 101.6 Any investigative data presented as evidence in courtshall101.7 must be public. Data determined to be inactive under 101.8 clause(a)(1) may become active if the agency or appropriate 101.9 prosecutorial authority decides to renew the investigation. 101.10 During the time when an investigation is active, any person 101.11 may bring an action in the district court located in the county 101.12 where the data is being maintained to authorize disclosure of 101.13 investigative data. The court may order that all or part of the 101.14 data relating to a particular investigation be released to the 101.15 public or to the person bringing the action. In making the 101.16 determination as to whether to disclose investigative datashall101.17be disclosed, the court shall consider whether the benefit to 101.18 the person bringing the action or to the public outweighs any 101.19 harm to the public, to the agency or to any person identified in 101.20 the data. The data in disputeshallmust be examined by the 101.21 court in camera. 101.22 Sec. 91. Minnesota Statutes 1998, section 13.82, 101.23 subdivision 5b, is amended to read: 101.24 Subd. 5b. [INACTIVE CHILD ABUSE DATA.] Investigative data 101.25 that become inactive under subdivision 5, clause (a) or (b), and 101.26 that relate to the alleged abuse or neglect of a child by a 101.27 person responsible for the child's care, as defined in section 101.28 626.556, subdivision 2, are private data on individuals. 101.29 Sec. 92. Minnesota Statutes 1998, section 13.82, 101.30 subdivision 5d, is amended to read: 101.31 Subd. 5d. [INACTIVE VULNERABLE ADULT MALTREATMENT DATA.] 101.32 Investigative data thatbecomesbecome inactive under 101.33 subdivision 5, paragraph (a) or (b), and that relate to the 101.34 alleged maltreatment of a vulnerable adult by a caregiver or 101.35 facility are private data on individuals. 101.36 Sec. 93. Minnesota Statutes 1998, section 13.82, 102.1 subdivision 5e, is amended to read: 102.2 Subd. 5e. [NAME CHANGE DATA.] Dataonin court records 102.3 relating to name changes under section 259.10, subdivision 2, 102.4 which is held by a law enforcement agency is confidential data 102.5 on an individual while an investigation is active and is private 102.6 data on an individual when the investigation becomes inactive. 102.7 Sec. 94. Minnesota Statutes 1998, section 13.82, 102.8 subdivision 8, is amended to read: 102.9 Subd. 8. [PUBLIC BENEFIT DATA.]AnyA law enforcement 102.10 agency may makeany data classified asconfidentialor protected102.11nonpublic pursuant to subdivision 5data accessible to any 102.12 person, agency, or the public if the agency determines that the 102.13 access will aid the law enforcement process, promote public 102.14 safety, or dispel widespread rumor or unrest. 102.15 Sec. 95. Minnesota Statutes 1998, section 13.82, 102.16 subdivision 12, is amended to read: 102.17 Subd. 12. [DATA IN ARREST WARRANT INDICES.] Data in arrest 102.18 warrant indices areclassified asconfidential data on 102.19 individuals until the defendant has been taken into custody, 102.20 served with a warrant, or appears before the court, except when 102.21 the law enforcement agency determines that the public purpose is 102.22 served by making the information public. 102.23 Sec. 96. Minnesota Statutes 1998, section 13.82, 102.24 subdivision 13, is amended to read: 102.25 Subd. 13. [PROPERTY DATA.] Data that uniquely describe 102.26 stolen, lost, confiscated, or recovered property areclassified102.27as eitherprivate dataon individuals or nonpublic data102.28depending on the content of the not public data. 102.29 Sec. 97. Minnesota Statutes 1998, section 13.82, 102.30 subdivision 14, is amended to read: 102.31 Subd. 14. [REWARD PROGRAM DATA.] To the extent that the 102.32 release of program data would reveal the identity of an 102.33 informant or adversely affect the integrity of the fund, 102.34 financial records of a program that pays rewards to informants 102.35 areprotected nonpublic data in the case of data not on102.36individuals orconfidential datain the case of data on103.1individuals. 103.2 Sec. 98. Minnesota Statutes 1998, section 13.82, 103.3 subdivision 15, is amended to read: 103.4 Subd. 15. [EXCHANGES OF INFORMATION.]Nothing inThis 103.5 chapterprohibitsdoes not prohibit the exchange of information 103.6 other than private or confidential personnel data by law 103.7 enforcement agenciesprovidedif the exchanged information is 103.8 pertinent and necessary to the requesting agency in initiating, 103.9 furthering, or completing an investigation, except not public103.10personnel data. 103.11 Sec. 99. Minnesota Statutes 1998, section 13.82, 103.12 subdivision 16, is amended to read: 103.13 Subd. 16. [DELIBERATIVE PROCESSES.] Data that reflect 103.14 deliberative processes or investigative techniques of law 103.15 enforcement agencies are confidential dataon individuals or103.16protected nonpublic data;providedexcept that information, 103.17 reports, or memoranda that have been adopted as the final 103.18 opinion or justification for a decision of a law enforcement 103.19 agency are public data. 103.20 Sec. 100. Minnesota Statutes 1998, section 13.83, 103.21 subdivision 4, is amended to read: 103.22 Subd. 4. [INVESTIGATIVE DATA.] Data created or collected 103.23 by a county coroner or medical examiner which is part of an 103.24 active investigation mandated by chapter 390, or any other 103.25 general or local law relating to coroners or medical examiners 103.26isare confidential dataor protected nonpublic data,until the 103.27 completion of the coroner's or medical examiner's final summary 103.28 of findings, but may be disclosed to a state or federal agency 103.29 charged by law with investigating the death of the deceased 103.30 individual about whom the medical examiner or coroner has 103.31 medical examiner data. Upon completion of the coroner's or 103.32 medical examiner's final summary of findings, the data collected 103.33 in the investigation and the final summary of it are privateor103.34nonpublicdata. However, if the final summary and the death 103.35 certificate indicate the manner of death is homicide, 103.36 undetermined, or pending investigation and there is an active 104.1 law enforcement investigation, within the meaning of section 104.2 13.82, subdivision 5, relating to the death of the deceased 104.3 individual, the data remain confidentialor protected104.4nonpublic. Upon review by the county attorney of the 104.5 jurisdiction in which the law enforcement investigation is 104.6 active, the data may be released to persons described in 104.7 subdivision 8 if the county attorney determines release would 104.8 not impede the ongoing investigation. When the law enforcement 104.9 investigation becomes inactive, the data are privateor104.10nonpublic data.Nothing inThis subdivisionshall be construed104.11todoes not makenot publicprivate or confidential the data 104.12 elements identified in subdivision 2 at any point in the 104.13 investigation or thereafter. 104.14 Sec. 101. Minnesota Statutes 1998, section 13.83, 104.15 subdivision 7, is amended to read: 104.16 Subd. 7. [COURT REVIEW.] Any person may petition the 104.17 district court located in the county where medical examiner data 104.18 is being maintained to authorize disclosure ofnonpublic,104.19protected nonpublic,private or confidential medical examiner 104.20 data. The petitionershallmust notify the medical examiner or 104.21 coroner. The court may notify other interested persons and 104.22 require their presence at a hearing. A hearing may be held 104.23 immediately if the parties agree, and in any eventshallmust be 104.24 held as soon as practicable. After examining the data in 104.25 camera, the court may order disclosure of the data if it 104.26 determines that disclosure would be in the public interest. 104.27 Sec. 102. Minnesota Statutes 1998, section 13.83, 104.28 subdivision 8, is amended to read: 104.29 Subd. 8. [ACCESS TONONPUBLICPRIVATE DATA.] The data made 104.30nonpublicprivate by this section are accessible to the 104.31 physician who attended the decedent at the time of death, the 104.32 legal representative of the decedent's estate and to the 104.33 decedent's surviving spouse, parents, children, and siblings and 104.34 their legal representatives. 104.35 Sec. 103. Minnesota Statutes 1998, section 13.83, 104.36 subdivision 9, is amended to read: 105.1 Subd. 9. [CHANGE IN CLASSIFICATION.] Data classified as 105.2nonpublic, protected nonpublic,private or confidential by this 105.3 sectionshall be classified asbecome public 30 years after the 105.4 date of death of the decedent. 105.5 Sec. 104. Minnesota Statutes 1998, section 13.84, 105.6 subdivision 2, is amended to read: 105.7 Subd. 2. [GENERAL.] Unless the data is summary data or a 105.8 statute, including sections 609.115 and 257.70, specifically 105.9 provides a different classification, the following court 105.10 services data are classified as privatepursuant to section105.1113.02, subdivision 12data on individuals: 105.12(a)(1) court services data on individuals gathered at the 105.13 request of a municipal, district or county court to determine 105.14 the need for any treatment, rehabilitation, counseling, or any 105.15 other need of a defendant, parolee, probationer, or participant 105.16 in a diversion program, and used by the court to assist in 105.17 assigning an appropriate sentence or other disposition in a 105.18 case; 105.19(b)(2) court services data on petitioners or respondents 105.20 to a family court gathered at the request of the court for 105.21 purposes of, but not limited to, individual, family, marriage, 105.22 chemical dependency and marriage dissolution adjustment 105.23 counseling, including recommendations to the court as to the 105.24 custody of minor children in marriage dissolution cases; 105.25(c)(3) court services data on individuals gathered by 105.26 psychologists in the course of providing the court or its staff 105.27 with psychological evaluations or in the course of counseling 105.28 individual clients referred by the court for the purpose of 105.29 assisting them with personal conflicts or difficulties. 105.30 Sec. 105. Minnesota Statutes 1998, section 13.84, 105.31 subdivision 3, is amended to read: 105.32 Subd. 3. [THIRD PARTY INFORMATION.] Whenever, in the 105.33 course of gathering the private data specified above, a 105.34 psychologist, probation officer or other agent of the court is 105.35 directed by the court to obtain data on individual defendants, 105.36 parolees, probationers, or petitioners or respondents in a 106.1 family court, and the source of that data provides the data only 106.2 upon the condition of its being held confidential, that data and 106.3 the identity of the sourceshall beis confidential data on 106.4 individuals, pursuant to section 13.02, subdivision 3. 106.5 Sec. 106. Minnesota Statutes 1998, section 13.85, 106.6 subdivision 2, is amended to read: 106.7 Subd. 2. [PRIVATE DATA.] Unless the data are summary data 106.8 or arrest data, or a statute specifically provides a different 106.9 classification, corrections and detention data on individuals 106.10 areclassified asprivatepursuant to section 13.02, subdivision106.1112data on individuals, to the extent that the release of the 106.12 data would either(a)(1) disclose medical, psychological, or 106.13 financial information, or personal information not related to 106.14 their lawful confinement or detainment or(b)(2) endanger an 106.15 individual's life. 106.16 Sec. 107. Minnesota Statutes 1998, section 13.85, 106.17 subdivision 3, is amended to read: 106.18 Subd. 3. [CONFIDENTIAL DATA.] Corrections and detention 106.19 data are confidential, pursuant to section 13.02, subdivision 3,106.20 data on individuals to the extent that release of the data 106.21 would:(a)(1) endanger an individual's life,(b)(2) endanger 106.22 the effectiveness of an investigation authorized by statute and 106.23 relating to the enforcement of rules or law,(c)(3) identify a 106.24 confidential informant, or(d)(4) clearly endanger the security 106.25 of any institution or its population. 106.26 Sec. 108. Minnesota Statutes 1998, section 13.86, 106.27 subdivision 2, is amended to read: 106.28 Subd. 2. [GENERAL.] Investigative detention data is 106.29 confidential data on individuals andshallmust not be disclosed 106.30 except: 106.31(a)(1) pursuant to section 13.05 or any other statute; 106.32(b)(2) pursuant to a valid court order; or 106.33(c)(3) to a party named in a civil or criminal proceeding, 106.34 whether administrative or judicial, to the extent required by 106.35 the relevant rules of civil or criminal procedure. 106.36 Sec. 109. Minnesota Statutes 1998, section 13.87, 107.1 subdivision 2, is amended to read: 107.2 Subd. 2. [CLASSIFICATION.] Criminal history data 107.3 maintained byagencies, political subdivisions and statewide107.4systemsgovernment entities areclassified asprivate, pursuant107.5to section 13.02, subdivision 12data on individuals, except 107.6 that data created, collected, or maintained by the bureau of 107.7 criminal apprehension that identify an individual who was 107.8 convicted of a crime and the offense of which the individual was 107.9 convicted are public data for 15 years following the discharge 107.10 of the sentence imposed for the offense. 107.11 The bureau of criminal apprehensionshallmust provide to 107.12 the public at the central office of the bureau the ability to 107.13 inspect in person, at no charge, through a computer monitor the 107.14 criminal conviction dataclassified asaccessible to the public 107.15 under this subdivision. 107.16 Sec. 110. Minnesota Statutes 1998, section 13.88, is 107.17 amended to read: 107.18 13.88 [COMMUNITY DISPUTE RESOLUTION CENTER DATA.] 107.19 The guidelinesshallmust provide that all files relating 107.20 to a case in a community dispute resolution program areto be107.21classified asprivate data on individuals, pursuant to section107.2213.02, subdivision 12,with the following exceptions: 107.23 (1) when a party to the case has been formally charged with 107.24 a criminal offense, the data areto be classified aspublic data 107.25 on individuals, pursuant to section 13.02, subdivision 15.; or 107.26 (2) data relating to suspected neglect or physical or 107.27 sexual abuse of children or maltreatment of vulnerable adults 107.28 areto besubject to the reporting requirements of sections 107.29 626.556 and 626.557. 107.30 Sec. 111. Minnesota Statutes 1998, section 16A.672, 107.31 subdivision 11, is amended to read: 107.32 Subd. 11. [REGISTRATION NOT PUBLIC INFORMATION.] 107.33 Information in any register of ownership of bonds or 107.34 certificates isnonpublic data under section 13.02, subdivision107.359, orprivate dataon individualsunder section 13.02, 107.36 subdivision 12. The information is open only to the subject of 108.1 it, except as disclosure: 108.2 (1) is necessary for the registrar, the commissioner, the 108.3 treasurer, or the legislative auditor to perform a duty; or 108.4 (2) is requested by an authorized representative of the 108.5 state commissioner of revenue, the state attorney general, or 108.6 the United States commissioner of internal revenue to determine 108.7 the application of a tax; or 108.8 (3) is required under section 13.03, subdivision 4. 108.9 Sec. 112. Minnesota Statutes 1998, section 16D.06, 108.10 subdivision 2, is amended to read: 108.11 Subd. 2. [DISCLOSURE OF DATA.] Data received, collected, 108.12 created, or maintained by the commissioner or the attorney 108.13 general to collect debts areclassified asprivate dataon108.14individualsunder section 13.02, subdivision 12, or nonpublic108.15data under section 13.02, subdivision 9. The commissioner or 108.16 the attorney general may disclosenot publicdata that is not 108.17 public: 108.18 (1) under section 13.05; 108.19 (2) under court order; 108.20 (3) under a statute specifically authorizing access to the 108.21 not public data; 108.22 (4) to provide notices required or permitted by statute; 108.23 (5) to an agent of the commissioner or the attorney 108.24 general, including a law enforcement person, attorney, or 108.25 investigator acting for the commissioner or the attorney general 108.26 in the investigation or prosecution of a criminal or civil 108.27 proceeding relating to collection of a debt; 108.28 (6) to report names of debtors, amount of debt, date of 108.29 debt, and the agency to whom debt is owed to credit bureaus; 108.30 (7) to locate the debtor, locate the assets of the debtor, 108.31 or to enforce or implement the collection of a debt, provided 108.32 that the commissioner or the attorney generalmaymust disclose 108.33 only the data that are necessary to enforce or implement 108.34 collection of the debt; and 108.35 (8) to the commissioner of revenue for tax administration 108.36 purposes. 109.1 The commissioner and the attorney generalmaymust not 109.2 disclose data that is not public to a private collection agency 109.3 or other entity with whom the commissioner has contracted under 109.4 section 16D.04, subdivision 4, unless disclosure is otherwise 109.5 authorized by law. 109.6 Sec. 113. Minnesota Statutes 1998, section 17.117, 109.7 subdivision 12, is amended to read: 109.8 Subd. 12. [DATA PRIVACY.] The following data on applicants 109.9 or borrowers collected by the commissioner under this section 109.10 are privatefordataon individualsas provided in section 109.11 13.02, subdivision 12, or nonpublic for data not on individuals109.12as provided in section 13.02, subdivision 9: financial 109.13 information, including, but not limited to, credit reports, 109.14 financial statements, tax returns and net worth calculations 109.15 received or prepared by the commissioner. 109.16 Sec. 114. Minnesota Statutes 1998, section 17.498, is 109.17 amended to read: 109.18 17.498 [RULES; FINANCIAL ASSURANCE.] 109.19 (a) The commissioner of the pollution control agency, after 109.20 consultation and cooperation with the commissioners of 109.21 agriculture and natural resources,shallmust present proposed 109.22 rules to the pollution control agency board prescribing water 109.23 quality permit requirements for aquaculture facilities by May 1, 109.24 1992. The rules must consider: 109.25 (1) best available proven technology, best management 109.26 practices, and water treatment practices that prevent and 109.27 minimize degradation of waters of the state considering economic 109.28 factors, availability, technical feasibility, effectiveness, and 109.29 environmental impacts; 109.30 (2) classes, types, sizes, and categories of aquaculture 109.31 facilities; 109.32 (3) temporary reversible impacts versus long-term impacts 109.33 on water quality; 109.34 (4) effects on drinking water supplies that cause adverse 109.35 human health concerns; and 109.36 (5) aquaculture therapeutics, whichshallmust be regulated 110.1 by the pollution control agency. 110.2 (b) Net pen aquaculture and other aquaculture facilities 110.3 with similar effects must submit an annual report to the 110.4 commissioner of the pollution control agency analyzing changes 110.5 in water quality trends from previous years, documentation of 110.6 best management practices, documentation of costs to restore the 110.7 waters used for aquaculture to the trophic state existing before 110.8 aquatic farming was initiated, and documentation of financial 110.9 assurance in an amount adequate to pay for restoration costs. 110.10 The trophic state, which is the productivity of the waters 110.11 measured by total phosphorus, dissolved oxygen, algae abundance 110.12 as chlorophyll-a, and secchi disk depth of light penetration, 110.13 and the condition of the waters measured by raw drinking water 110.14 parameters,shallmust be determined to the extent possible 110.15 before aquatic farming is initiated. The financial assurance 110.16 may be a trust fund, letter of credit, escrow account, surety 110.17 bond, or other financial assurance payable to the commissioner 110.18 for restoration of the waters if the permittee cannot or will 110.19 not restore the waters after termination of aquatic farming 110.20 operations or revocation of the permit. 110.21 (c) The commissioner of the pollution control agencyshall110.22 must submit a draft of the proposed rules to the legislative 110.23 water commission by September 1, 1991. By January 15, 1992, the 110.24 commissioner of the pollution control agencyshallmust submit a 110.25 report to the legislative water commission about aquaculture 110.26 facilities permitted by the pollution control agency. The 110.27 report must include concerns of permittees as well as concerns 110.28 of the agency about permitted aquaculture facilities and how 110.29 those concerns will be addressed in the proposed rules. 110.30 (d) Information received as part of a permit application or 110.31 as otherwise requested must be classified according to chapter 110.32 13. Information about processes, aquatic farming procedures, 110.33 feed and therapeutic formulas and rates, and tests on aquatic 110.34 farming products that have economic value isnonpublic data110.35 trade secret information underchapter 13section 13.37, 110.36 subdivision 1, if requested by the applicant or permittee. 111.1 Sec. 115. Minnesota Statutes 1998, section 17.694, 111.2 subdivision 1, is amended to read: 111.3 Subdivision 1. [PROCEDURES.] Any association accredited 111.4 under this section may engage in bargaining as provided for 111.5 under sections 17.691 to 17.703. 111.6 (1) An association desiring accreditationshallmust file 111.7 with the commissioner in the form required by the commissioner. 111.8 The requestshallmust contain properly certified evidence that 111.9 the association meets the standards for accreditation andshall111.10 must be accompanied by a report of the names and addresses of 111.11 member producers, the name of each handler to whom the member 111.12 producer delivered or contracted to deliver the agricultural 111.13 commodity during the previous two calendar years. A fee to 111.14 cover the costs of the commissioner in processing the 111.15 requestshallmust be established pursuant to chapter 14, and 111.16 paid by the association when the request is filed. 111.17 (2) The commissionershallmust notify all handlers named 111.18 in the request for accreditation of an association of 111.19 producers. The notice must be sent to the handlers named in the 111.20 request by first class mail within ten days of the commissioner 111.21 receiving the request for accreditation. The commissionershall111.22 must maintain records indicating the date of mailing. 111.23 (3) The commissioner may require all handlers of an 111.24 agricultural commodity produced in a bargaining unit area as 111.25 individuals to file within 30 days following a request, a 111.26 report, properly certified, showing the correct names and 111.27 addresses of all producers of the agricultural commodity who 111.28 have delivered the agricultural commodity to the handler during 111.29 the two calendar years preceding the filing of the report. 111.30 (4) Data submitted to the commissioner by producer 111.31 associations under clause (1) and by commodity handlers under 111.32 clause (3) are private dataon individuals or nonpublic data,as 111.33 defined in section 13.02, subdivision9 or12. 111.34 Sec. 116. Minnesota Statutes 1998, section 27.04, 111.35 subdivision 2, is amended to read: 111.36 Subd. 2. [APPLICATION CONTENTS.] (a) The application must 112.1 be in writing, accompanied by the prescribed fee, and state: 112.2 (1) the place or places where the applicant intends to 112.3 carry on the business for which the license is desired; 112.4 (2) the estimated amount of business to be done monthly; 112.5 (3) the amount of business done during the preceding year, 112.6 if any; 112.7 (4) the full names of the persons constituting the firm for 112.8 a partnership, and for a corporation the names of the officers 112.9 of the corporation and where incorporated; 112.10 (5) a financial statement showing the value and character 112.11 of the assets and the amount of liabilities of the applicant; 112.12 (6) the income and expenses for the most recent year; 112.13 (7) the names and addresses of all shareholders who own at 112.14 least five percent of a corporate applicant's shares of stock; 112.15 (8) whether the applicant or any of its officers, partners, 112.16 or agents have been involved in any litigation relating to the 112.17 business of a wholesale produce dealer in the previous five 112.18 years; and 112.19 (9) any other information relevant to the conduct of its 112.20 business as a wholesale produce dealer in the previous five 112.21 years, as the commissioner may require. 112.22 (b) If a contract is used in a transaction, a copy of the 112.23 contract must also be filed with the commissioner. 112.24 (c) Financial data required of an applicant under this 112.25 section is classified as private datawith regard to data on112.26individuals and as nonpublic data with regard to data not on112.27individualsunder section 13.02, subdivision 12. 112.28 Sec. 117. Minnesota Statutes 1998, section 32.71, 112.29 subdivision 2, is amended to read: 112.30 Subd. 2. [DATA PRIVACY.] Financial and production 112.31 information received by the commissioner on processors, 112.32 wholesalers, or retailers including, but not limited to, 112.33 financial statements, fee reports, price schedules, cost 112.34 documentation, books, papers, records, or other documentation 112.35 for the purpose of administration and enforcement of this 112.36 chaptershall be classifiedis private dataor nonpublic data113.1pursuant to chapter 13as defined in section 13.02, subdivision 113.2 12. That classificationshallmust not limit the use of the 113.3 information in the preparation, institution, or conduct of a 113.4 legal proceeding by the commissioner in enforcing this chapter. 113.5 Sec. 118. Minnesota Statutes 1998, section 41B.211, 113.6 subdivision 2, is amended to read: 113.7 Subd. 2. [DATA NOT ON INDIVIDUALS.] The following data 113.8 submitted to the authority by businesses that are requesting 113.9 financial assistance arenonpublicdata as defined in section 113.10 13.02, subdivision 12: financial information about the 113.11 applicant, including credit reports, financial statements, net 113.12 worth calculations, business plans, income and expense 113.13 projections, customer lists, market and feasibility studies not 113.14 paid for with public funds, tax returns, and financial reports 113.15 provided to the authority after closing of the financial 113.16 assistance. 113.17 Sec. 119. Minnesota Statutes 1998, section 44A.08, 113.18 subdivision 2, is amended to read: 113.19 Subd. 2. [CLASSIFICATION OF DATA.] For purposes of this 113.20 subdivision, "business transaction" means a transaction between 113.21 parties other than the board. The following data received or 113.22 developed by the board is privatewith respect to data on113.23individuals and nonpublic with respect to data not on113.24individualsdata as defined in section 13.02, subdivision 12: 113.25 (1) data relating to the financial condition of individuals 113.26 or businesses receiving or performing services by or on behalf 113.27 of the board.; 113.28 (2) at the request of either party to the transaction data 113.29 on business transactions.; and 113.30 (3) at the request of the person or business seeking the 113.31 information, the identities of persons or businesses requesting 113.32 business or trade information from the board, and the nature of 113.33 the trade information. 113.34 Sec. 120. Minnesota Statutes 1998, section 45.012, is 113.35 amended to read: 113.36 45.012 [COMMISSIONER.] 114.1 (a) The department of commerce is under the supervision and 114.2 control of the commissioner of commerce. The commissioner is 114.3 appointed by the governor in the manner provided by section 114.4 15.06. 114.5 (b) Data that is received by the commissioner or the 114.6 commissioner's designee by virtue of membership or participation 114.7 in an association, group, or organization that is not otherwise 114.8 subject to chapter 13 is confidentialor protected nonpublic114.9 data as defined in section 13.02, subdivision 3, but may be 114.10 shared with the department employees as the commissioner 114.11 considers appropriate. The commissioner may release the data to 114.12 any person, agency, or the public if the commissioner determines 114.13 that the access will aid the law enforcement process, promote 114.14 public health or safety, or dispel widespread rumor or unrest. 114.15 (c) It is part of the department's mission that within the 114.16 department's resources the commissionershall endeavor tomust: 114.17 (1) prevent the waste or unnecessary spending of public 114.18 money; 114.19 (2) use innovative fiscal and human resource practices to 114.20 manage the state's resources and operate the department as 114.21 efficiently as possible; 114.22 (3) coordinate the department's activities wherever 114.23 appropriate with the activities of other governmental agencies; 114.24 (4) use technology where appropriate to increase agency 114.25 productivity, improve customer service, increase public access 114.26 to information about government, and increase public 114.27 participation in the business of government; 114.28 (5) utilize constructive and cooperative labor-management 114.29 practices to the extent otherwise required by chapters 43A and 114.30 179A; 114.31 (6) report to the legislature on the performance of agency 114.32 operations and the accomplishment of agency goals in the 114.33 agency's biennial budget according to section 16A.10, 114.34 subdivision 1; and 114.35 (7) recommend to the legislature appropriate changes in law 114.36 necessary to carry out the mission and improve the performance 115.1 of the department. 115.2 Sec. 121. Minnesota Statutes 1998, section 46.041, 115.3 subdivision 1, is amended to read: 115.4 Subdivision 1. [FILING; FEE; PUBLIC INSPECTION.] The 115.5 incorporators of a bank proposed to be organized under the laws 115.6 of this stateshallmust execute and acknowledge a written 115.7 application in the form prescribed by the commissioner of 115.8 commerce. The application must be signed by two or more of the 115.9 incorporators and request a certificate authorizing the proposed 115.10 bank to transact business at the place and in the name stated in 115.11 the application. The applicantshallmust file the application 115.12 with the department with a $1,000 filing fee and a $500 115.13 investigation fee. The fees must be turned over by the 115.14 commissioner to the state treasurer and credited to the general 115.15 fund. The application file must be public, with the exception 115.16 of financial data on individuals which is privateunder the115.17Minnesota Government Data Practices Actdata as defined in 115.18 section 13.02, subdivision 12, and data defined as trade secret 115.19 information under section 13.37, subdivision 1, paragraph (b), 115.20 which must begiven nonpublic classificationclassified as 115.21 private data upon written request by the applicant. 115.22 Sec. 122. Minnesota Statutes 1998, section 46.07, 115.23 subdivision 2, is amended to read: 115.24 Subd. 2. [CONFIDENTIAL RECORDS.] The commissionershall115.25 must divulge facts and information obtained in the course of 115.26 examining financial institutions under the commissioner's 115.27 supervision only when and to the extent required or permitted by 115.28 law to report upon or take special action regarding the affairs 115.29 of an institution, or ordered by a court of law to testify or 115.30 produce evidence in a civil or criminal proceeding, except that 115.31 the commissioner may furnish information as to matters of mutual 115.32 interest to: an official or examiner of the federal reserve 115.33 system, the Federal Deposit Insurance Corporation, the Federal 115.34 Office of Thrift Supervision, the Federal Home Loan Bank System, 115.35 the National Credit Union Administration, comptroller of the 115.36 currency, other state bank supervisory agencies subject to 116.1 cooperative agreements authorized by section 49.411, subdivision 116.2 7, the United States Small Business Administration, for purposes 116.3 of sections 53.09, subdivision 2a, and 56.10, subdivision 1, or 116.4 state and federal law enforcement agencies. The commissioner 116.5shallmust not be required to disclose the name of a debtor of a 116.6 financial institution under the commissioner's supervision, or 116.7 anything relative to the private accounts, ownership, or 116.8 transactions of an institution, or any fact obtained in the 116.9 course of an examination thereof, except as herein provided. 116.10 For purposes of this subdivision, a subpoena is not an order of 116.11 a court of law. These records areclassifiedconfidentialor116.12protected nonpublic for purposes of the Minnesota Government116.13Data Practices Actdata under section 13.02, subdivision 3, and 116.14 their destruction, as prescribed in section 46.21, is exempt 116.15 from the provisions of chapter 138 and Laws 1971, chapter 529, 116.16 so far as their deposit with the state archives. 116.17 Sec. 123. Minnesota Statutes 1998, section 46.07, 116.18 subdivision 3, is amended to read: 116.19 Subd. 3. [COMPLAINT FILES.] Notwithstanding the provisions 116.20 of subdivision 2 to the contrary, data gathered and maintained 116.21 in relation to a complaint filed with the commissioner is 116.22 privateor nonpublic pursuant to the Minnesota Government Data116.23Practices Actdata as defined in section 13.02, subdivision 12. 116.24 Sec. 124. Minnesota Statutes 1998, section 53A.081, 116.25 subdivision 4, is amended to read: 116.26 Subd. 4. [CLASSIFICATION OF DATA.] Financial information 116.27 on individuals and businesses that is submitted to the 116.28 commissioner in the annual report under subdivision 1 are 116.29 private dataon individuals or nonpublic dataas defined in 116.30 section 13.02, subdivision 12. 116.31 Sec. 125. Minnesota Statutes 1998, section 60A.67, 116.32 subdivision 1, is amended to read: 116.33 Subdivision 1. [GENERALLY.] All risk-based capital 116.34 reports, to the extent the information in them is not required 116.35 to be set forth in a publicly available annual statement 116.36 schedule, and risk-based capital plans, including the results or 117.1 report of an examination or analysis of an insurer performed 117.2 pursuant to sections 60A.60 to 60A.696, and any corrective order 117.3 issued by the commissioner pursuant to an examination or 117.4 analysis, with respect to a domestic insurer or foreign insurer 117.5 that are filed with the commissioner constitute information that 117.6 might be damaging to the insurer if made available to its 117.7 competitors, andshallmust be maintained by the commissioner as 117.8nonpublicprivate data not on individuals as defined in section 117.9 13.02, subdivision912. This information is not subject to 117.10 subpoena, other than by the commissioner and then only for the 117.11 purpose of enforcement actions taken by the commissioner 117.12 pursuant to sections 60A.60 to 60A.696 or other provision of the 117.13 insurance laws of this state. 117.14 Sec. 126. Minnesota Statutes 1998, section 62E.13, 117.15 subdivision 11, is amended to read: 117.16 Subd. 11. [CLASSIFICATION OF PPO AGREEMENT DATA.] If the 117.17 writing carrier uses its own provider agreements for the 117.18 association's preferred provider network in lieu of agreements 117.19 exclusively between the association and the providers, then the 117.20 terms and conditions of those agreements arenonpublicprivate 117.21 data as defined in section 13.02, subdivision912. 117.22 Sec. 127. Minnesota Statutes 1998, section 62J.152, 117.23 subdivision 7, is amended to read: 117.24 Subd. 7. [DATA GATHERING.] In evaluating a specific 117.25 technology, the health technology advisory committee may seek 117.26 the use of data collected by manufacturers, health plans, 117.27 professional and trade associations, nonprofit organizations, 117.28 academic institutions, or any other organization or association 117.29 that may have data relevant to the committee's technology 117.30 evaluation. All information obtained under this subdivision 117.31shall be considered nonpublicis private data not on individuals 117.32 under section 13.02, subdivision 9,unless the data is already 117.33 available to the public generally or upon request. 117.34 Sec. 128. Minnesota Statutes 1998, section 62J.23, 117.35 subdivision 2, is amended to read: 117.36 Subd. 2. [INTERIM RESTRICTIONS.] From July 1, 1992, until 118.1 rules are adopted by the commissioner under this section, the 118.2 restrictions in the federal Medicare antikickback statutes in 118.3 section 1128B(b) of the Social Security Act, United States Code, 118.4 title 42, section 1320a-7b(b), and rules adopted under the 118.5 federal statutes, apply to all persons in the state, regardless 118.6 of whether the person participates in any state health care 118.7 program. The commissionershallmust approve a transition plan 118.8 submitted to the commissioner by January 1, 1993, by a person 118.9 who is in violation of this section that provides a reasonable 118.10 time for the person to modify prohibited practices or divest 118.11 financial interests in other persons in order to come into 118.12 compliance with this section. Transition plansthat identify118.13individualsare private data as defined in section 13.02, 118.14 subdivision 12.Transition plans that do not identify118.15individuals are nonpublic data.118.16 Sec. 129. Minnesota Statutes 1998, section 62J.321, 118.17 subdivision 5, is amended to read: 118.18 Subd. 5. [DATA CLASSIFICATION.] (a) Data collected to 118.19 fulfill the data and research initiatives authorized by sections 118.20 62J.301 to 62J.42 that identify individual patients or providers 118.21 are private dataon individualsas defined in section 13.02, 118.22 subdivision 12.Data not on individuals are nonpublic data.118.23 The commissionershallmust establish procedures and safeguards 118.24 to ensure that data released by the commissioner is in a form 118.25 that does not identify specific patients, providers, employers, 118.26 individual or group purchasers, or other specific individuals 118.27 and organizations, except with the permission of the affected 118.28 individual or organization, or as permitted elsewhere in this 118.29 chapter. 118.30 (b) Raw unaggregated data collected from household and 118.31 employer surveys used by the commissioner to monitor the number 118.32 of uninsured individuals, reasons for lack of insurance 118.33 coverage, and to evaluate the effectiveness of health care 118.34 reform, are subject to the same data classifications as data 118.35 collected pursuant to sections 62J.301 to 62J.42. 118.36 (c) Notwithstanding sections 13.03, subdivisions 6 to 8; 119.1 13.10, subdivisions 1 to 4; and 138.17, data received by the 119.2 commissioner pursuant to sections 62J.301 to 62J.42,shall119.3retainretains the classification designated under this section 119.4 andshallmust not be disclosed other than pursuant to this 119.5 section. 119.6 (d) Summary data collected to fulfill the data and research 119.7 initiatives authorized by sections 62J.301 to 62J.42 may be 119.8 disseminated under section 13.05, subdivision 7. For the 119.9 purposes of this section, summary dataincludes nonpublic119.10 include private data not on individuals. 119.11 (e) Notwithstanding paragraph (a), the commissioner may 119.12 publishnonpublic orprivate data collected pursuant to sections 119.13 62J.301 to 62J.42 on health care costs and spending, quality and 119.14 outcomes, and utilization for health care institutions, 119.15 individual health care professionals and groups of health care 119.16 professionals, and group purchasers, with a description of the 119.17 methodology used for analysis. The commissionermaymust not 119.18 make public any patient identifying information except as 119.19 specified in law. The commissionershallmust not reveal the 119.20 name of an institution, group of professionals, individual 119.21 health care professional, or group purchaser until after the 119.22 institution, group of professionals, individual health care 119.23 professional, or group purchaser has had 21 days to review the 119.24 data and comment. The commissionershallmust include comments 119.25 received in the release of the data. 119.26 (f) A provider or group purchaser may contest whether the 119.27 data meets the criteria of section 62J.311, subdivision 2, 119.28 paragraph (a), clause (2), in accordance with a contested case 119.29 proceeding as set forth in sections 14.57 to 14.62, subject to 119.30 appeal in accordance with sections 14.63 to 14.68. To obtain a 119.31 contested case hearing, the provider or group purchaser must 119.32 make a written request to the commissioner before the end of the 119.33 time period for review and comment. Within ten days of the 119.34 assignment of an administrative law judge, the provider or group 119.35 purchasershallmust make a clear showing to the administrative 119.36 law judge of probable success in a hearing on the issue of 120.1 whether the data are accurate and valid and were collected based 120.2 on the criteria of section 62J.311, subdivision 2, paragraph 120.3 (a), clause (2). If the administrative law judge determines 120.4 that the provider or group purchaser has made such a showing, 120.5 the datashallmust remain privateor nonpublicduring the 120.6 contested case proceeding and appeal. If the administrative law 120.7 judge determines that the provider or group purchaser has not 120.8 made such a showing, the commissioner may publish the data 120.9 immediately, with comments received in the release of the data. 120.10 The contested case proceeding and subsequent appeal is not an 120.11 exclusive remedy and any person may seek a remedy pursuant to 120.12 section 13.08, subdivisions 1 to 4, or as otherwise authorized 120.13 by law. 120.14 Sec. 130. Minnesota Statutes 1998, section 62J.452, 120.15 subdivision 2, is amended to read: 120.16 Subd. 2. [DATA CLASSIFICATIONS.] (a) Data collected, 120.17 obtained, received, or created by the health data institute 120.18shall beare classified as privateor nonpublicdata, 120.19 asapplicabledefined in section 13.02, subdivision 12, unless 120.20 given a different classification in this subdivision. Data 120.21 classified as privateor nonpublicunder this subdivisionmay120.22 must only be released or disclosedonlyas permitted under this 120.23 subdivision and under the other subdivisions referenced in this 120.24 subdivision. For purposes of this section, data that identify 120.25 individual patients or industry participants are private data on 120.26 individuals ornonpublic datanot on individuals, as 120.27 appropriate.Data not on individuals are nonpublic data.120.28 Notwithstanding sections 13.03, subdivisions 6 to 8; 13.10, 120.29 subdivisions 1 to 4; and 138.17, data received by the health 120.30 data instituteshallretain the classification designated under 120.31 this chapter andshallmust not be disclosed other than pursuant 120.32 to this chapter. Nothing in this subdivision prevents patients 120.33 from gaining access to their health record information pursuant 120.34 to section 144.335. 120.35 (b) When industry participants, as defined in section 120.36 62J.451, are required by statute to provide, either directly or 121.1 through a contractor, as defined in section 62J.451, subdivision 121.2 2, paragraph (c), patient identifying data to the commissioner 121.3 pursuant to this chapter or to the health data institute 121.4 pursuant to section 62J.451, the industry participant or its 121.5 contractorshall be able tomay provide the data with or without 121.6 patient consent, andmaymust not be held liable for doing so. 121.7 (c) When an industry participant submits patient 121.8 identifying data to the health data institute, and the data is 121.9 submitted to the health data institute in electronic form, or 121.10 through other electronic means including, but not limited to, 121.11 the electronic data interchange system defined in section 121.12 62J.451, the industry participantshallmust submit the patient 121.13 identifying data in encrypted form, using an encryption method 121.14 supplied or specified by the health data institute. Submission 121.15 of encrypted data as provided in this paragraph satisfies the 121.16 requirements of section 144.335, subdivision 3b. 121.17 (d) Patient identifying datamaymust only be disclosed 121.18onlyas permitted under subdivision 3. 121.19 (e) Industry participant identifying data which is not 121.20 patient identifying datamaymust only be disclosedonlyby 121.21 being made public in an analysis as permitted under subdivisions 121.22 4 and 5 or through access to an approved researcher, industry 121.23 participant, or contractor as permitted under subdivision 6 or 7. 121.24 (f) Data thatisare not patient identifying data and not 121.25 industry participant identifying dataisare public data. 121.26 (g) Data that describes the finances, governance, internal 121.27 operations, policies, or operating procedures of the health data 121.28 institute, and thatdoesdo not identify patients or industry 121.29 participants or identifies them only in connection with their 121.30 involvement with the health data institute,isare public data. 121.31 Sec. 131. Minnesota Statutes 1998, section 62J.452, 121.32 subdivision 5, is amended to read: 121.33 Subd. 5. [FAIR HEARING PROCEDURE PRIOR TO MAKING AN 121.34 ANALYSIS PUBLIC.] (a) The health data institutemaymust not 121.35 make public an analysis that identifies an industry participant 121.36 unless the health data institute first complies with this 122.1 subdivision. A draft of the portion of the analysis that 122.2 identifies an industry participant must be furnished upon an 122.3 industry participant's request to that industry participant 122.4 prior to making that portion of the analysis public.SuchThe 122.5 draft analysis is privateor nonpublicdata, asapplicable122.6 defined in section 13.02, subdivision 12. The industry 122.7 participants so identified have the right to a hearing, at which 122.8 the industry participants or their contractors, as defined in 122.9 section 62J.451, subdivision 2, paragraph (c), may object to or 122.10 seek modification of the analysis.The cost of the hearing122.11shall be borne byThe industry participant requesting the 122.12 hearing is responsible for the cost of the hearing. 122.13 (b) The health data instituteshallmust establish the 122.14 hearing procedure in writing. The hearing procedureshallmust 122.15 include the following: 122.16 (1) the provision of reasonable notice of the health data 122.17 institute's intention to makesuchthe analysis public; 122.18 (2) an opportunity for the identified industry participants 122.19 to submit written statements to the health data institute board 122.20 of directors or its designate, to be represented by a 122.21 contractor, as defined in section 62J.451, subdivision 2, 122.22 paragraph (c), or other individual or entity acting on behalf of 122.23 and chosen by the industry participant for this purpose, and to 122.24 append a statement tosuchthe analysis to be included with it 122.25 when and if the analysis is made public; and 122.26 (3) access by the identified industry participants to 122.27 industry participant identifying data, but only as permitted by 122.28 subdivision 6 or 7. 122.29 (c) The health data institute shall make the hearing 122.30 procedure available in advance to industry participants which 122.31 are identified in an analysis. The written hearing procedure is 122.32 public data. The following data related to a hearing is public: 122.33 (1) the parties involved; 122.34 (2) the dates of the hearing; and 122.35 (3) a general description of the issue and the results of 122.36 the hearing. 123.1 All other data relating to the hearing is privateor123.2nonpublicdata. 123.3 Sec. 132. Minnesota Statutes 1998, section 62J.452, 123.4 subdivision 9, is amended to read: 123.5 Subd. 9. [AUTHORIZATION OF STATE AGENCIES AND POLITICAL 123.6 SUBDIVISIONS TO PROVIDE DATA.] (a) Notwithstanding any 123.7 limitation in chapter 13 or section 62J.321, subdivision 5, 123.8 regarding the disclosure ofnot publicprivate or confidential 123.9 data, all state agencies and political subdivisions, including, 123.10 but not limited to, municipalities, counties, and hospital 123.11 districts may providenot publicprivate or confidential data 123.12 relating to health care costs, quality, or outcomes to the 123.13 health data institute for the purposes set forth in section 123.14 62J.451. 123.15 (b) Data provided by the commissioner pursuant to paragraph 123.16 (a) may not include patient identifying data as defined in 123.17 section 62J.451, subdivision 2, paragraph (m). For data 123.18 provided by the commissioner of health pursuant to paragraph 123.19 (a), the health data institute and anyone receiving the data 123.20 from the health data institute, is prohibited from unencrypting 123.21 or attempting to link the data with other patient identifying 123.22 data sources. 123.23 (c) Any data provided to the health data institute pursuant 123.24 to paragraph (a)shall retainretains the same classification 123.25 that it had with the state agency or political subdivision that 123.26 provided it. The authorization in this subdivision is subject 123.27 to any federal law restricting or prohibiting such disclosure of 123.28 the data described above. 123.29 (d) Notwithstanding any limitation in chapter 13 or this 123.30 section and section 62J.451 regarding the disclosure of 123.31nonpublic andprivate data, the health data institute may 123.32 providenonpublic andprivate data to any state agency that is a 123.33 member of the board of the health data institute. Any such data 123.34 provided to a state agencyshall retain nonpublic orremains 123.35 privateclassification, as applicabledata. 123.36 Sec. 133. Minnesota Statutes 1998, section 62J.79, 124.1 subdivision 4, is amended to read: 124.2 Subd. 4. [DATA PRIVACY.] (a) Consumer complaint data, 124.3 including medical records and other documentation, provided by a 124.4 patient or enrollee to the office of health care consumer 124.5 assistance, advocacy, and informationshall be classified asare 124.6 private data on individuals under section 13.02, subdivision 12. 124.7 (b) Except as provided in paragraph (a), all data collected 124.8 or maintained by the office in the course of assisting a patient 124.9 or enrollee in resolving a complaint, including data collected 124.10 or maintained for the purpose of assistance during a formal or 124.11 informal dispute resolution process,shall be classified asare 124.12 investigative data under section 13.39, except that inactive 124.13 investigative datashall be classified asare private data on 124.14 individuals under section 13.02, subdivision 12. 124.15 Sec. 134. Minnesota Statutes 1998, section 62L.10, 124.16 subdivision 3, is amended to read: 124.17 Subd. 3. [SUBMISSIONS TO COMMISSIONER.] Subsequent to the 124.18 annual filing, the commissioner may request information and 124.19 documentation from a health carrier describing its rating 124.20 practices and renewal underwriting practices, including 124.21 information and documentation that demonstrates that a health 124.22 carrier's rating methods and practices are in accordance with 124.23 sound actuarial principles and the requirements of this 124.24 chapter. Except in cases of violations of this chapter or of 124.25 another chapter, information received by the commissioner as 124.26 provided under this subdivision isnonpublicprivate data not on 124.27 individuals. 124.28 Sec. 135. Minnesota Statutes 1998, section 62Q.03, 124.29 subdivision 9, is amended to read: 124.30 Subd. 9. [DATA COLLECTION AND DATA PRIVACY.] The 124.31 association membersshallmust not have access to unaggregated 124.32 data on individuals or health plan companies. The 124.33 associationshallmust develop, as a part of the plan of 124.34 operation, procedures for ensuring that data is collected by an 124.35 appropriate entity. The commissioners of health and 124.36 commerceshallmust have the authority to audit and examine data 125.1 collected by the association for the purposes of the development 125.2 and implementation of the risk adjustment system. Data on 125.3 individuals obtained for the purposes of risk adjustment 125.4 development, testing, and operation aredesignated asprivate 125.5 data as defined in section 13.02, subdivision 12. Data not on 125.6 individuals which is obtained for the purposes of development, 125.7 testing, and operation of risk adjustment aredesignated as125.8nonpublicprivate data as defined in section 13.02, subdivision 125.9 12, except that the proposed and approved plan of operation, the 125.10 risk adjustment methodologies examined, the plan for testing, 125.11 the plan of the risk adjustment system, minutes of meetings, and 125.12 other general operating information are classified as public 125.13 data. Nothing in this sectionis intended to prohibitprohibits 125.14 the preparation of summary data under section 13.05, subdivision 125.15 7. The association, state agencies, and any contractors having 125.16 access to this data shall maintain it in accordance with this 125.17 classification. The commissioners of health and human services 125.18 have the authority to collect data from health plan companies as 125.19 needed for the purpose of developing a risk adjustment mechanism 125.20 for public programs. 125.21 Sec. 136. Minnesota Statutes 1998, section 72A.20, 125.22 subdivision 15, is amended to read: 125.23 Subd. 15. [PRACTICES NOT HELD TO BE DISCRIMINATION OR 125.24 REBATES.]Nothing in(a) Subdivision 8, 9, or 10 of this 125.25 section, orinsection 72A.12, subdivisions 3 and 4,shallmust 125.26 not be construed as including within the definition of 125.27 discrimination or rebates any of the following practices: 125.28 (1) in the case of any contract of life insurance or 125.29 annuity, paying bonuses to policyholders or otherwise abating 125.30 their premiums in whole or in part out of surplus accumulated 125.31 from nonparticipating insurance, provided that any bonuses or 125.32 abatement of premiumsshallmust be fair and equitable to 125.33 policyholders and for the best interests of the company and its 125.34 policyholders; 125.35 (2) in the case of life insurance policies issued on the 125.36 industrial debit plan, making allowance, to policyholders who 126.1 have continuously for a specified period made premium payments 126.2 directly to an office of the insurer, in an amount which fairly 126.3 represents the saving in collection expense; 126.4 (3) readjustment of the rate of premium for a group 126.5 insurance policy based on the loss or expense experienced 126.6 thereunder, at the end of the first or any subsequent policy 126.7 year of insurance thereunder, which may be made retroactive only 126.8 for such policy year; 126.9 (4) in the case of an individual or group health insurance 126.10 policy, the payment of differing amounts of reimbursement to 126.11 insureds who elect to receive health care goods or services from 126.12 providers designated by the insurer, provided that each insurer 126.13shallmust on or before August 1 of each year file with the 126.14 commissioner summary data regarding the financial reimbursement 126.15 offered to providers so designated. 126.16 (b) Any insurer which proposes to offer an arrangement 126.17 authorized under this clauseshallmust disclose prior to its 126.18 initial offering and on or before August 1 of each year 126.19 thereafter as a supplement to its annual statement submitted to 126.20 the commissioner pursuant to section 60A.13, subdivision 1, the 126.21 following information: 126.22(a)(1) the name which the arrangement intends to use and 126.23 its business address; 126.24(b)(2) the name, address, and nature of any separate 126.25 organization which administers the arrangement on the behalf of 126.26 the insurers; and 126.27(c)(3) the names and addresses of all providers designated 126.28 by the insurer under this clause and the terms of the agreements 126.29 with designated health care providers. 126.30 (c) The commissionershallmust maintain a record of 126.31 arrangements proposed under this clause, including a record of 126.32 any complaints submitted relative to the arrangements. 126.33 (d) If the commissioner requests copies of contracts with a 126.34 provider under this clause and the provider requests a 126.35 determination, all information contained in the contracts that 126.36 the commissioner determines may place the provider or health 127.1 care plan at a competitive disadvantage isnonpublicprivate 127.2 data not on individuals as defined in section 13.02, subdivision 127.3 12. 127.4 Sec. 137. Minnesota Statutes 1998, section 79A.02, 127.5 subdivision 2, is amended to read: 127.6 Subd. 2. [ADVICE TO COMMISSIONER.] At the request of the 127.7 commissioner, the committeeshallmust meet andshalladvise the 127.8 commissioner with respect to whether or not an applicant to 127.9 become a private self-insurer in the state of Minnesota has met 127.10 the statutory requirements to self-insure. The department of 127.11 commerce may furnish the committee with any financial data which 127.12 it has, but a member of the advisory committee whomay havehas 127.13 a conflict of interest in reviewing the financial datashall127.14 must not have access to the data nor participate in the 127.15 discussions concerning the applicant. Financial data received 127.16 from the commissioneris nonpublicare private data not on 127.17 individuals as defined in section 13.02, subdivision 12. The 127.18 committeeshallmust advise the commissioner if it has any 127.19 information thatanya private self-insurer may become insolvent. 127.20 Sec. 138. Minnesota Statutes 1998, section 115A.84, 127.21 subdivision 5, is amended to read: 127.22 Subd. 5. [EXCLUSION OF MATERIALS SEPARATED AT CERTAIN 127.23 FACILITIES.] (a) A county or districtshallmust exclude from 127.24 the designation, subject to approval by the director, materials 127.25 that the county or district determines will be separated for 127.26 recycling at a transfer station located outside of the area 127.27 subject to designation if: 127.28 (1) the residual materials left after separation of the 127.29 recyclable materials are delivered to a facility designated by 127.30 the county or district; 127.31 (2) each waste collector who would otherwise be subject to 127.32 the designation ordinance and who delivers waste to the transfer 127.33 station has not been found in violation of the designation 127.34 ordinance in the six months prior to filing for an exclusion; 127.35 (3) the materials separated at the transfer station are 127.36 delivered to a recycler and are actually recycled; and 128.1 (4) the owner or operator of the transfer station agrees to 128.2 report and actually reports to the county or district the 128.3 quantities of materials, by categories to be specified by the 128.4 county or district, that are recycled by the facility that 128.5 otherwise would have been subject to designation. 128.6 (b) In order to qualify for the exclusion in this 128.7 subdivision, the owner of a transfer station shall file with the 128.8 county or district a written description of the transfer 128.9 station, its operation, location, and waste supply sources, the 128.10 quantity of waste delivered to the transfer station by the owner 128.11 of the transfer station, the market for the materials separated 128.12 for recycling, where the recyclable materials are delivered for 128.13 recycling, and other information the county or district may 128.14 reasonably require. Information received by the county or 128.15 district isnonpublicprivate data not on individuals as defined 128.16 in section 13.02, subdivision912. 128.17 (c) A county or district that grants an exclusion under 128.18 this subdivision may revoke the exclusion if any of the 128.19 conditions of paragraph (a) are not being met. 128.20 Sec. 139. Minnesota Statutes 1998, section 115A.882, 128.21 subdivision 3, is amended to read: 128.22 Subd. 3. [INSPECTION.] A person authorized by a county in 128.23 which a designation ordinance is effective may, anywhere in the 128.24 state: 128.25 (1) upon presentation of identification and without a 128.26 search warrant, inspect or copy the records required to be kept 128.27 on a waste collection vehicle under subdivision 2 and inspect 128.28 the waste on the vehicle at the time of deposit of the waste at 128.29 a facility; 128.30 (2) when reasonable notice under the circumstances has been 128.31 given, upon presentation of identification and without a search 128.32 warrant, inspect or copy the records of an owner or operator of 128.33 a solid waste facility that are required to be maintained under 128.34 subdivision 2; 128.35 (3) request, in writing, copies of records of a solid waste 128.36 collector that indicate the type, origin, and weight or, if 129.1 applicable, the volume of waste collected, the identity of the 129.2 facility at which the waste was deposited, and the date of 129.3 deposit at the facility; and 129.4 (4) upon presentation of identification and without a 129.5 search warrant, inspect or copy that portion of the business 129.6 records of a waste collector necessary to comply with clause (3) 129.7 at the central record keeping location of the waste collector 129.8 only if the collector fails to provide copies of the records 129.9 within 15 days of receipt of a written request for them, unless 129.10 the time has been extended by agreement of the parties. 129.11 Records or information received, inspected, or copied by a 129.12 county under this section areclassified as nonpublicprivate 129.13 data not on individuals as defined in section 13.02, subdivision 129.14912, and may be used by the county solely for enforcement of a 129.15 designation ordinance. A waste collector or the owner or 129.16 operator of a waste facilityshallmust maintain business 129.17 records needed to comply with this section for two years. 129.18 Sec. 140. Minnesota Statutes 1998, section 115A.93, 129.19 subdivision 5, is amended to read: 129.20 Subd. 5. [CUSTOMER DATA.] Customer lists provided to 129.21 counties or cities by solid waste collectors are private dataon129.22individualsas defined in section 13.02, subdivision 12, with129.23regard to data on individuals, or nonpublic data as defined in129.24section 13.02, subdivision 9, with regard to data not on129.25individuals. 129.26 Sec. 141. Minnesota Statutes 1998, section 115B.17, 129.27 subdivision 5, is amended to read: 129.28 Subd. 5. [CLASSIFICATION OF DATA.] Except as otherwise 129.29 provided in this subdivision, data obtained from any person 129.30 pursuant to subdivision 3 or 4isare public data as defined in 129.31 section 13.02. Upon certification by the subject of the data 129.32 that the data relates to sales figures, processes or methods of 129.33 production unique to that person, or information which would 129.34 tend to affect adversely the competitive position of that 129.35 person, the commissionershallmust classify the data as private 129.36or nonpublicdata as defined in section 13.02. Notwithstanding 130.1 any other law to the contrary, data classified as privateor130.2nonpublicdata under this subdivision may be disclosed when 130.3 relevant in any proceeding under sections 115B.01 to 115B.18, or 130.4 to other public agencies concerned with the implementation of 130.5 sections 115B.01 to 115B.18. 130.6 Sec. 142. Minnesota Statutes 1998, section 115B.24, 130.7 subdivision 5, is amended to read: 130.8 Subd. 5. [EXCHANGE OF INFORMATION.] Notwithstanding the 130.9 provisions of section 116.075, the pollution control agency may 130.10 provide the commissioner of revenue with the information 130.11 necessary for the enforcement of section 115B.22 and this 130.12 section. Information disclosed in a return filed pursuant to 130.13 this section is public. Information exchanged between the 130.14 commissioner and the agency is public unless the information is 130.15 of the type determined to be for the confidential use of the 130.16 agency pursuant to section 116.075 or is trade secret 130.17 information classified pursuant to section 13.37. Information 130.18 obtained in the course of an audit of the taxpayer by the 130.19 department of revenueshall be nonpublic oris private data as 130.20 defined in section 13.02 to the extent that it is not directly 130.21 divulged in a return of the tax. 130.22 Sec. 143. Minnesota Statutes 1998, section 115C.03, 130.23 subdivision 8, is amended to read: 130.24 Subd. 8. [CLASSIFICATION OF DATA.] Except as otherwise 130.25 provided in this subdivision, data obtained from a person under 130.26 subdivision 6 or 7 is public data as defined in section 13.02. 130.27 Upon certification by the subject of the data that the data 130.28 relates to sales figures, processes or methods of production 130.29 unique to that person, or information that would tend to 130.30 adversely affect the competitive position of that person, the 130.31 commissionershallmust classify the data as privateor130.32nonpublicdata as defined in section 13.02.Data classified as130.33 Privateor nonpublicdata under this subdivision may be 130.34 disclosed when relevant in a proceeding under this chapter. 130.35 Sec. 144. Minnesota Statutes 1998, section 115D.09, is 130.36 amended to read: 131.1 115D.09 [CONFIDENTIALITY.] 131.2 Information and techniques developed under section 115D.04, 131.3 the reduction information and techniques under section 131.4 115A.0716, and the progress reports required under section 131.5 115D.08 are public data under chapter 13. The plans required 131.6 under section 115D.07 arenonpublicprivate data not on 131.7 individuals underchapter 13section 13.02. 131.8 Sec. 145. Minnesota Statutes 1998, section 116.54, is 131.9 amended to read: 131.10 116.54 [INJECTION OF CERTAIN MATERIALS.] 131.11 The pollution control agencyshallmust authorize and may 131.12 monitor not less than one or more than five projects to test the 131.13 controlled injection of oxygen-bearing materials and appropriate 131.14 microbiological systems into sites of water or soil 131.15 contamination. An applicant for authority to conduct one of the 131.16 testsshallmust describe to the agency plans for the test 131.17 injection project including at least the following: 131.18 (1) the quantity and type of chemicals and microbes to be 131.19 used in the injection project; 131.20 (2) the frequency and planned duration of the injections; 131.21 (3) test monitoring and evaluation equipment that will be 131.22 maintained at the site; and 131.23 (4) procedures for recording, analyzing, and maintaining 131.24 information on the injection project. 131.25 The applicantshallmust make available to the agency all 131.26 significant test results from the injection project. Trade 131.27 secret information, as defined in section 13.37, made available 131.28 by an applicant isclassified as nonpublicprivate data, 131.29 pursuant to section 13.02, subdivision9, or private data on131.30individuals, pursuant to section 13.02, subdivision12. 131.31 Sec. 146. Minnesota Statutes 1998, section 116C.840, 131.32 subdivision 2, is amended to read: 131.33 Subd. 2. [CLASSIFICATION.] Except as otherwise provided in 131.34 this subdivision, data obtained from any person pursuant to 131.35 subdivision 1isare public data as defined in section 13.02. 131.36 Upon certification by the generator that the data relates to 132.1 sales figures, processes, or methods of production unique to 132.2 that person, or information which would tend to affect adversely 132.3 the competitive position of that person, the agency shall 132.4 classify the data asnonpublicprivate data not on individuals 132.5 as defined in section 13.02. The agency may disclosedata132.6classified as nonpublicprivate data under this subdivision to 132.7 the Interstate Commission, when relevant in any proceeding under 132.8 section 116C.835, or when necessary to carry out its 132.9 responsibilities under sections 116C.833 to 116C.843. 132.10 Sec. 147. Minnesota Statutes 1998, section 116O.03, 132.11 subdivision 6, is amended to read: 132.12 Subd. 6. [CLOSED MEETINGS; RECORDING.] The board of 132.13 directors may by a majority vote in a public meeting decide to 132.14 hold a closed meeting authorized under subdivision 5. The time 132.15 and place of the closed meeting must be announced at the public 132.16 meeting. A written roll of members present at the closed 132.17 meeting must be made available to the public after the closed 132.18 meeting. The proceedings of a closed meeting must be tape 132.19 recorded at the expense of the board and must be preserved by 132.20 the board for two years. The data on the tape isnonpublic132.21 private data not on individuals under section 13.02, subdivision132.229. 132.23 Sec. 148. Minnesota Statutes 1998, section 116O.03, 132.24 subdivision 7, is amended to read: 132.25 Subd. 7. [APPLICATION AND INVESTIGATIVE DATA.] The 132.26 following data isclassified asprivate datawith regard to data132.27on individualsunder section 13.02, subdivision 12, or as132.28nonpublic data with regard to data not on individuals under132.29section 13.02, subdivision 9, whichever is applicable: 132.30 (1) financial data, statistics, and information furnished 132.31 in connection with assistance or proposed assistance under 132.32 section 116O.06, including credit reports, financial statements, 132.33 statements of net worth, income tax returns, either personal or 132.34 corporate, and any other business and personal financial 132.35 records; or 132.36 (2) security information, trade secret information, or 133.1 labor relations information, as defined in section 13.37, 133.2 subdivision 1, disclosed to members of the corporation board or 133.3 employees of the corporation under section 116O.06. 133.4 Sec. 149. Minnesota Statutes 1998, section 116R.02, 133.5 subdivision 3, is amended to read: 133.6 Subd. 3. [REVIEW PROCEDURE; DATA PRACTICES.] (a) Before 133.7 issuing the bonds for a project, approving financial assistance, 133.8 or entering into loan, lease, or other revenue agreements for 133.9 the project described in subdivisions 5 and 6, the commissioner 133.10 of financeshallmust review the financial condition of the 133.11 proposed lessee or lessees of the project or projects, and any 133.12 related person. The commissionershallmust exercise due 133.13 diligence in the review. The commissionershallmust engage an 133.14 independent, nationally recognized consultant having special 133.15 expertise with the airline industry and its financing to prepare 133.16 a written report on the financial condition of the lessee or 133.17 lessees and any related person. A lessee and any related person 133.18shallmust provide all information required for the 133.19 commissioner's review and the consultant's report, including 133.20 information substantially equivalent to that required by an 133.21 investment bank or other financial institution considering a 133.22 project for debt financing. 133.23 (b) Except as otherwise provided in this subdivision, 133.24 business plans, financial statements, customer lists, and market 133.25 and feasibility studies required under sections 116R.01 to 133.26 116R.16 or submitted in connection with the provision of 133.27 financial assistance or any agreement authorized under Laws 133.28 1991, chapter 350, arenonpublicprivate data not on 133.29 individuals, as defined in section 13.02, subdivision912. The 133.30 commissioner or the commissioner of trade and economic 133.31 development may make the data accessible to any person, agency, 133.32 or public entity if the commissioner or the commissioner of 133.33 trade and economic development determines that access is 133.34 required under state or federal securities law or is necessary 133.35 for the person, agency, or public entity to perform due 133.36 diligence in connection with the provision of financial 134.1 assistance to the projects described in subdivisions 5 and 6. 134.2 The data may also be made available as requested by the 134.3 legislative commission on planning and fiscal policy. 134.4 (c) Before the commissioner issues bonds for a project, 134.5 approves financial assistance, or enters into loan, lease, or 134.6 other revenue agreements for the project, the commissionershall134.7 must submit a report on the proposed transaction to the governor. 134.8 The report must describe: all proposed state, metropolitan, and 134.9 local government financial commitments; the financial assistance 134.10 proposed to be provided; the proposed loan, lease, and revenue 134.11 agreements; any other arrangements related to state and local 134.12 debt, taxes, financing, and debt service; and the estimates of 134.13 economic activity, air traffic, and other factors that have been 134.14 used in assessing the prospective financial condition of the 134.15 lessee or lessees and any related person. The report must 134.16 contain the following findings: 134.17 (1) that the commissioners of trade and economic 134.18 development and finance and, for purposes of a project described 134.19 in subdivision 5, the metropolitan airports commission have 134.20 reviewed the current and prospective financial condition of each 134.21 proposed lessee of the project or projects and any related 134.22 person; and 134.23 (2) that, on the basis of their review, the commissioners 134.24 and, for purposes of the project described in subdivision 5, the 134.25 commission have determined that the revenues estimated to be 134.26 available to the lessee or lessees for payments under the loan, 134.27 lease, or other revenue agreements are at least sufficient 134.28 during each year of the term of the proposed bonds to pay when 134.29 due all financial obligations of the lessee or lessees under the 134.30 terms of the proposed loan, lease, or other revenue agreements. 134.31 Copies of the report must be filed at the legislature as 134.32 provided in section 3.195 when the report is submitted to the 134.33 governor. 134.34 Sec. 150. Minnesota Statutes 1998, section 116S.02, 134.35 subdivision 8, is amended to read: 134.36 Subd. 8. [APPLICATION AND INVESTIGATIVE DATA.] Financial 135.1 data, statistics, and information furnished to the corporation 135.2 in connection with assistance or proposed assistance, including 135.3 credit reports, financial statements, statements of net worth, 135.4 income tax returns, either personal or corporate, and any other 135.5 business and personal financial records are private datawith135.6regard to data on individualsunder section 13.02, subdivision 135.7 12, or as nonpublic data with regard to data not on individuals135.8under section 13.02, subdivision 9. 135.9 Sec. 151. Minnesota Statutes 1998, section 144.147, 135.10 subdivision 5, is amended to read: 135.11 Subd. 5. [EVALUATION.] The commissionershallmust 135.12 evaluate the overall effectiveness of the grant program. The 135.13 commissioner may collect, from the hospital, and communities 135.14 receiving grants, the information necessary to evaluate the 135.15 grant program. Information related to the financial condition 135.16 of individual hospitalsshall be classified as nonpublicare 135.17 private data not on individuals under section 13.02. 135.18 Sec. 152. Minnesota Statutes 1998, section 144.225, 135.19 subdivision 6, is amended to read: 135.20 Subd. 6. [GROUP PURCHASER IDENTITY;NONPUBLICPRIVATE 135.21 DATA; DISCLOSURE.] (a) Except as otherwise provided in this 135.22 subdivision, the named identity of a group purchaser as defined 135.23 in section 62J.03, subdivision 6, collected in association with 135.24 birth registration isnonpublicprivate data not on individuals 135.25 as defined in section 13.02, subdivision 12. 135.26 (b) The commissioner may publish, or by other means release 135.27 to the public, the named identity of a group purchaser as part 135.28 of an analysis of information collected from the birth 135.29 registration process. Analysis means the identification of 135.30 trends in prenatal care and birth outcomes associated with group 135.31 purchasers. The commissionermaymust not reveal the named 135.32 identity of the group purchaser until the group purchaser has 135.33 had 21 days after receipt of the analysis to review the analysis 135.34 and comment on it. In releasing data under this subdivision, 135.35 the commissionershallmust include comments received from the 135.36 group purchaser related to the scientific soundness and 136.1 statistical validity of the methods used in the analysis. This 136.2 subdivision does not authorize the commissioner to make public 136.3 any individual identifying data except as permitted by law. 136.4 (c) A group purchaser may contest whether an analysis made 136.5 public under paragraph (b) is based on scientifically sound and 136.6 statistically valid methods in a contested case proceeding under 136.7 sections 14.57 to 14.62, subject to appeal under sections 14.63 136.8 to 14.68. To obtain a contested case hearing, the group 136.9 purchaser must present a written request to the commissioner 136.10 before the end of the time period for review and comment. 136.11 Within ten days of the assignment of an administrative law 136.12 judge, the group purchaser must demonstrate by clear and 136.13 convincing evidence the group purchaser's likelihood of 136.14 succeeding on the merits. If the judge determines that the 136.15 group purchaser has made this demonstration, the data may not be 136.16 released during the contested case proceeding and through 136.17 appeal. If the judge finds that the group purchaser has not 136.18 made this demonstration, the commissioner may immediately 136.19 publish, or otherwise make public, thenonpublicprivate group 136.20 purchaser data, with comments received as set forth in paragraph 136.21 (b). 136.22 (d) The contested case proceeding and subsequent appeal is 136.23 not an exclusive remedy and any person may seek a remedy 136.24 pursuant to section 13.08, subdivisions 1 to 4, or as otherwise 136.25 authorized by law. 136.26 Sec. 153. Minnesota Statutes 1998, section 144.4186, 136.27 subdivision 1, is amended to read: 136.28 Subdivision 1. [NONPUBLICPRIVATE AND CONFIDENTIAL DATA.] 136.29 Data contained in a health directive areclassified as protected136.30nonpublicconfidential dataunder section 13.02, subdivision 13,136.31 in the case of data not on individuals under section 13.02, 136.32 subdivision 3, and private data under section 13.02, subdivision 136.33 12, in the case of data on individuals. Investigative 136.34 datashall have the classification accorded itis classified 136.35 under section 13.39. 136.36 Sec. 154. Minnesota Statutes 1998, section 144.581, 137.1 subdivision 5, is amended to read: 137.2 Subd. 5. [CLOSED MEETINGS; RECORDING.] (a) Notwithstanding 137.3 subdivision 4 or section 471.705, a public hospital or an 137.4 organization established under this section may hold a closed 137.5 meeting to discuss specific marketing activity and contracts 137.6 that might be entered into pursuant to the marketing activity in 137.7 cases where the hospital or organization is in competition with 137.8 health care providers that offer similar goods or services, and 137.9 where disclosure of information pertaining to those matters 137.10 would cause harm to the competitive position of the hospital or 137.11 organization, provided that the goods or services do not require 137.12 a tax levy. No contracts referred to in this paragraph may be 137.13 entered into earlier than 15 days after the proposed contract 137.14 has been described at a public meeting and the description 137.15 entered in the minutes, except for contracts for consulting 137.16 services or with individuals for personal services. 137.17 (b) A meeting may not be closed under paragraph (a) except 137.18 by a majority vote of the board of directors in a public 137.19 meeting. The time and place of the closed meeting must be 137.20 announced at the public meeting. A written roll of members 137.21 present at the closed meeting must be available to the public 137.22 after the closed meeting. The proceedings of a closed meeting 137.23 must be tape-recorded and preserved by the board of directors 137.24 for two years. The data on the tape arenonpublicprivate data 137.25 not on individuals under section 13.02, subdivision912. 137.26 However, the data become public data under section 13.02, 137.27 subdivision 14, two years after the meeting, or when the 137.28 hospital or organization takes action on matters referred to in 137.29 paragraph (a), except for contracts for consulting services. In 137.30 the case of personal service contracts, the data become public 137.31 when the contract is signed. For entities subject to section 137.32 471.345, a contract entered into by the board is subject to the 137.33 requirements of section 471.345. 137.34 (c) The board of directors may not discuss a tax levy, bond 137.35 issuance, or other expenditure of money unless the expenditure 137.36 is directly related to specific marketing activities and 138.1 contracts described in paragraph (a) at a closed meeting. 138.2 Sec. 155. Minnesota Statutes 1998, section 145.64, 138.3 subdivision 3, is amended to read: 138.4 Subd. 3. [HENNEPIN COUNTY EMERGENCY MEDICAL SERVICES 138.5 DATA.] Data collected, created, or maintained by the quality 138.6 committee of the Hennepin county emergency medical services 138.7 advisory council when conducting a health care review activity 138.8 of the emergency medical services function or services are 138.9 private dataon individuals or nonpublic data not on138.10individuals,as defined in section 13.02. 138.11 Sec. 156. Minnesota Statutes 1998, section 156.082, is 138.12 amended to read: 138.13 156.082 [VETERINARY MEDICAL RECORDS.] 138.14 Veterinary records of a client that are maintained by a 138.15 state agency, statewide system, or political subdivision are 138.16 private dataon individuals or nonpublic dataas defined in 138.17 section 13.02. 138.18 Sec. 157. Minnesota Statutes 1998, section 174.30, 138.19 subdivision 9, is amended to read: 138.20 Subd. 9. [COMPLAINT DATA; CLASSIFICATION.] When 138.21 information is furnished to the department of transportation 138.22 that alleges a violation of this section, an operating standard 138.23 adopted under this section, or section 174.315, the following 138.24 data areclassified asconfidential dataor protected nonpublic138.25dataas defined in section 13.02, subdivision 3: 138.26 (1) names of complainants; 138.27 (2) complaint letters; and 138.28 (3) other unsolicited data when furnished by a person who 138.29 is not the subject of the data and who is not a department 138.30 employee. 138.31 Sec. 158. Minnesota Statutes 1998, section 182.668, 138.32 subdivision 2, is amended to read: 138.33 Subd. 2. [CLASSIFICATION OF DATA.] Information that has 138.34 been registered pursuant to subdivision 1shall beis classified 138.35 asnonpublic orprivate data as defined in section 13.02,138.36subdivisions 9 and 12. 139.1 All other information reported to or otherwise obtained by 139.2 the commissioner or a representative in connection with any 139.3 inspection or proceeding under this chapter which contains or 139.4 which might reveal a trade secretshall beis classified as 139.5nonpublic orprivate data as defined in section 13.02,139.6subdivisions 9 and 12. Information classified asnonpublic or139.7 private data may be disclosed to other officers or employees 139.8 concerned with carrying out this chapter or when relevant in any 139.9 proceeding under this chapter or when otherwise required in 139.10 order to comply with federal law or regulation but only to the 139.11 extent required by the federal law or regulation. 139.12 Sec. 159. Minnesota Statutes 1998, section 214.25, 139.13 subdivision 1, is amended to read: 139.14 Subdivision 1. [BOARD DATA.] (a) All data collected or 139.15 maintained as part of the board's duties under sections 214.19, 139.16 214.23, and 214.24shall beare classified as investigative data 139.17 under section 13.39 except that inactive investigative data 139.18shall beare classified as private data under section 13.02, 139.19 subdivision 12, or nonpublic data under section 13.02,139.20subdivision 9, in the case of data not on individuals. 139.21 (b) Notwithstanding section 13.05, subdivision 9, data 139.22 addressed in this subdivisionshallmust not be disclosed except 139.23 as provided in this subdivision or section 13.04; except that 139.24 the board may disclose to the commissioner under section 214.23. 139.25 Sec. 160. Minnesota Statutes 1998, section 214.35, is 139.26 amended to read: 139.27 214.35 [CLASSIFICATION OF DATA.] 139.28 All data collected and maintained and any agreements with 139.29 regulated persons entered into as part of the program is 139.30 classified as active investigative data under section 13.41 139.31 while the individual is in the program, except for monitoring 139.32 data which is classified as private. When a regulated person 139.33 successfully completes the program, the data and participation 139.34 agreement become inactive investigative data whichshall beare 139.35 classified as private data under section 13.02, subdivision 12,139.36or nonpublic data under section 13.02, subdivision 9, in the140.1case of data not on individuals. Data and agreementsshallmust 140.2 not be forwarded to the board unless the program reports a 140.3 participant to a board as described in section 214.33, 140.4 subdivision 3. 140.5 Sec. 161. Minnesota Statutes 1998, section 216C.17, 140.6 subdivision 4, is amended to read: 140.7 Subd. 4. [PUBLIC INSPECTION.] Reports issued pursuant to 140.8 this section, other than individual corporate reports classified 140.9 asnonpublicprivate data not on individuals in section 13.68, 140.10 shall be available for public inspection in the office of the 140.11 department during normal business hours. 140.12 Sec. 162. Minnesota Statutes 1998, section 216C.37, 140.13 subdivision 3b, is amended to read: 140.14 Subd. 3b. [PUBLIC ACCESSIBILITY OF LOAN APPLICATION DATA.] 140.15 Data contained in an application submitted to the commissioner 140.16 for a loan to be made pursuant to this section, including 140.17 supporting technical documentation, isclassified as "public 140.18 data not on individuals"under section 13.02, subdivision 14. 140.19 Sec. 163. Minnesota Statutes 1998, section 221.0355, 140.20 subdivision 9, is amended to read: 140.21 Subd. 9. [APPLICATION DATA.] The following data submitted 140.22 to the commissioner under subdivisions 4 and 5 are private data,140.23with respect to data on individuals, and nonpublic data, with140.24respect to data not on individualsunder section 13.02, 140.25 subdivision 12: information contained in parts II and III of 140.26 the uniform application relating to a carrier's customers and 140.27 service provided to specific customers, financial balance sheet 140.28 and income statement data, ownership and debt liability data, 140.29 and information relating to a carrier's parent companies, 140.30 affiliates, and subsidiaries. For the purpose of administering 140.31 or enforcing the uniform program, the commissioner may disclose 140.32 any information classified by this subdivision as private 140.33 dataon individuals or nonpublic data by this subdivisionto the 140.34 United States Department of Transportation, any other 140.35 participating state or state agency, or to the national 140.36 repository established under the uniform program. 141.1 Sec. 164. Minnesota Statutes 1998, section 223.17, 141.2 subdivision 6, is amended to read: 141.3 Subd. 6. [FINANCIAL STATEMENTS.] For the purpose of fixing 141.4 or changing the amount of a required bond or for any other 141.5 proper reason, the commissionershallmust require an annual 141.6 financial statement from a licensee which has been prepared in 141.7 accordance with generally accepted accounting principles and 141.8 which meets the following requirements: 141.9 (a) The financial statementshallmust include, but not be 141.10 limited to the following: (1) a balance sheet; (2) a statement 141.11 of income (profit and loss); (3) a statement of retained 141.12 earnings; (4) a statement of changes in financial position; and 141.13 (5) a statement of the dollar amount of grain purchased in the 141.14 previous fiscal year of the grain buyer. 141.15 (b) The financial statementshallmust be accompanied by a 141.16 compilation report of the financial statement which is prepared 141.17 by a grain commission firm or a management firm approved by the 141.18 commissioner or by an independent public accountant, in 141.19 accordance with standards established by the American Institute 141.20 of Certified Public Accountants. 141.21 (c) The financial statementshallmust be accompanied by a 141.22 certification by the chief executive officer or the chief 141.23 executive officer's designee of the licensee, under penalty of 141.24 perjury, that the financial statement accurately reflects the 141.25 financial condition of the licensee for the period specified in 141.26 the statement. 141.27 Only one financial statement must be filed for a chain of 141.28 warehouses owned or operated as a single business entity, unless 141.29 otherwise required by the commissioner. Any grain buyer having 141.30 a net worth in excess of $500,000,000 need not file the 141.31 financial statement required by this subdivision but must 141.32 provide the commissioner with a certified net worth statement. 141.33 All financial statements filed with the commissioner are private 141.34or nonpublicdata as provided in section 13.02. 141.35 Sec. 165. Minnesota Statutes 1998, section 256.01, 141.36 subdivision 12, is amended to read: 142.1 Subd. 12. [CHILD MORTALITY REVIEW PANEL.] (a) The 142.2 commissionershallmust establish a child mortality review panel 142.3 to review deaths of children in Minnesota, including deaths 142.4 attributed to maltreatment or in which maltreatment may be a 142.5 contributing cause and to review near fatalities as defined in 142.6 section 626.556, subdivision 11d. The commissioners of health, 142.7 children, families, and learning, and public safety and the 142.8 attorney generalshallmust each designate a representative to 142.9 the child mortality review panel. Other panel membersshall142.10 must be appointed by the commissioner, including a 142.11 board-certified pathologist and a physician who is a coroner or 142.12 a medical examiner. The purpose of the panelshallmust be to 142.13 make recommendations to the state and to county agencies for 142.14 improving the child protection system, including modifications 142.15 in statute, rule, policy, and procedure. 142.16 (b) The commissioner may require a county agency to 142.17 establish a local child mortality review panel. The 142.18 commissioner may establish procedures for conducting local 142.19 reviews and may require that all professionals with knowledge of 142.20 a child mortality case participate in the local review. In this 142.21 section, "professional" means a person licensed to perform or a 142.22 person performing a specific service in the child protective 142.23 service system. "Professional" includes law enforcement 142.24 personnel, social service agency attorneys, educators, and 142.25 social service, health care, and mental health care providers. 142.26 (c) If the commissioner of human services has reason to 142.27 believe that a child's death was caused by maltreatment or that 142.28 maltreatment was a contributing cause, the commissioner has 142.29 access tonot publicprivate or confidential data under chapter 142.30 13 maintained by state agencies, statewide systems, or political 142.31 subdivisions that are related to the child's death or 142.32 circumstances surrounding the care of the child. The 142.33 commissionershallmust also have access to records of private 142.34 hospitals as necessary to carry out the duties prescribed by 142.35 this section. Access to data under this paragraph is limited to 142.36 police investigative data; autopsy records and coroner or 143.1 medical examiner investigative data; hospital, public health, or 143.2 other medical records of the child; hospital and other medical 143.3 records of the child's parent that relate to prenatal care; and 143.4 records created by social service agencies that provided 143.5 services to the child or family within three years preceding the 143.6 child's death. A state agency, statewide system, or political 143.7 subdivisionshallmust provide the data upon request of the 143.8 commissioner.Not publicPrivate or confidential data may be 143.9 shared with members of the state or local child mortality review 143.10 panel in connection with an individual case. 143.11 (d) Notwithstanding the data's classification in the 143.12 possession of any other agency, data acquired by a local or 143.13 state child mortality review panel in the exercise of its duties 143.14 isprotected nonpublic orconfidential data as defined in 143.15 section 13.02, subdivision 3, but may be disclosed as necessary 143.16 to carry out the purposes of the review panel. The data is not 143.17 subject to subpoena or discovery. The commissioner may disclose 143.18 conclusions of the review panel, butshallmust not disclose 143.19data that was classified asconfidential data or private data on 143.20 decedents, under section 13.10,orprivate,data on individuals 143.21 or confidential, or protected nonpublicdata in the 143.22 disseminating agency, except that the commissioner may disclose 143.23 local social service agency data as provided in section 626.556, 143.24 subdivision 11d, on individual cases involving a fatality or 143.25 near fatality of a person served by the local social service 143.26 agency prior to the date of death. 143.27 (e) A person attending a child mortality review panel 143.28 meeting shall not disclose what transpired at the meeting, 143.29 except to carry out the purposes of the mortality review panel. 143.30 The proceedings and records of the mortality review panel are 143.31protected nonpublicconfidential data not on individuals as 143.32 defined in section 13.02, subdivision133, and are not subject 143.33 to discovery or introduction into evidence in a civil or 143.34 criminal action against a professional, the state or a county 143.35 agency, arising out of the matters the panel is reviewing. 143.36 Information, documents, and records otherwise available from 144.1 other sources are not immune from discovery or use in a civil or 144.2 criminal action solely because they were presented during 144.3 proceedings of the review panel. A person who presented 144.4 information before the review panel or who is a member of the 144.5 panelshallmust not be prevented from testifying about matters 144.6 within the person's knowledge. However, in a civil or criminal 144.7 proceeding a personshallmust not be questioned about the 144.8 person's presentation of information to the review panel or 144.9 opinions formed by the person as a result of the review meetings. 144.10 Sec. 166. Minnesota Statutes 1998, section 256.9744, 144.11 subdivision 1, is amended to read: 144.12 Subdivision 1. [CLASSIFICATION.] Except as provided in 144.13 this section, data maintained by the office under sections 144.14 256.974 to 256.9744 are private dataon individuals or nonpublic144.15dataas defined in section 13.02, subdivision9 or12, and must 144.16 be maintained in accordance with the requirements of Public Law 144.17 Number 100-75, United States Code, title 42, section 144.18 3027(a)(12)(D). 144.19 Sec. 167. Minnesota Statutes 1998, section 268.19, is 144.20 amended to read: 144.21 268.19 [INFORMATION.] 144.22 (a) Except as otherwise provided by this section, data 144.23 gathered from any employer or individual pursuant to the 144.24 administration of sections 268.03 to 268.23 are private dataon144.25individuals or nonpublic data not on individualsas defined in 144.26 section 13.02,subdivisionssubdivision9 and12, and may not be 144.27 disclosed except pursuant to a court order or section 13.05. 144.28 These data may be disseminated to and used by the following 144.29 agencies without the consent of the subject of the data: 144.30 (1) state and federal agencies specifically authorized 144.31 access to the data by state or federal law; 144.32 (2) any agency of Minnesota or any other state; or any 144.33 federal agency charged with the administration of an employment 144.34 security law or the maintenance of a system of public employment 144.35 offices; 144.36 (3) human rights agencies within Minnesota that have 145.1 enforcement powers; 145.2 (4) the department of revenue must have access to 145.3 department private dataon individuals and nonpublic data not on145.4individualsas defined in section 13.02, subdivision 12, only to 145.5 the extent necessary for enforcement of Minnesota tax laws; 145.6 (5) public and private agencies responsible for 145.7 administering publicly financed assistance programs for the 145.8 purpose of monitoring the eligibility of the program's 145.9 recipients; 145.10 (6) the department of labor and industry on an 145.11 interchangeable basis with the department subject to the 145.12 following limitations and notwithstanding any law to the 145.13 contrary: 145.14 (i) the department must have access to private dataon145.15individuals and nonpublic data not on individualsas defined in 145.16 section 13.02, subdivision 12, for uses consistent with the 145.17 administration of its duties under sections 268.03 to 268.23; 145.18 and 145.19 (ii) the department of labor and industry must have access 145.20 to private dataon individuals and nonpublic data not on145.21individualsas defined in section 13.02, subdivision 12, for 145.22 uses consistent with the administration of its duties under 145.23 Minnesota law; 145.24 (7) the department of trade and economic development may 145.25 have access to private data onindividualemployersand145.26nonpublic data not on individual employersfor its internal use 145.27 only; when received by the department of trade and economic 145.28 development, the data remain private dataon individuals or145.29nonpublic data; 145.30 (8) local and state welfare agencies for monitoring the 145.31 eligibility of the data subject for assistance programs, or for 145.32 any employment or training program administered by those 145.33 agencies, whether alone, in combination with another welfare 145.34 agency, or in conjunction with the department or to monitor and 145.35 evaluate the statewide Minnesota family investment program by 145.36 providing data on recipients and former recipients of food 146.1 stamps, cash assistance under chapter 256, 256D, 256J, or 256K, 146.2 child care assistance under chapter 119B, or medical programs 146.3 under chapter 256B, 256D, or 256L; 146.4 (9) local, state, and federal law enforcement agencies for 146.5 the sole purpose of ascertaining the last known address and 146.6 employment location of the data subject,providedif the data 146.7 subject is the subject of a criminal investigation; and 146.8 (10) the department of health may have access to private 146.9 dataon individuals and nonpublic data not on individualsas 146.10 defined in section 13.02, subdivision 12, solely for the 146.11 purposes of epidemiologic investigations. 146.12 (b) Data on individuals and employers that are collected, 146.13 maintained, or used by the department in an investigation 146.14 pursuant to section 268.182 are confidentialas todataon146.15individuals and protected nonpublic data not on individualsas 146.16 defined in section 13.02,subdivisionssubdivision 3and 13, and 146.17 must not be disclosed except pursuant to statute or court order 146.18 or to a party named in a criminal proceeding, administrative or 146.19 judicial, for preparation of a defense. 146.20 (c) Tape recordings and transcripts of recordings of 146.21 proceedings conducted in accordance with section 268.105 and 146.22 exhibits received into evidence at those proceedings are private 146.23 dataon individuals and nonpublic data not on individualsas 146.24 defined in section 13.02, subdivision 12, and must be disclosed 146.25 only pursuant to the administration of section 268.105, or 146.26 pursuant to a court order. 146.27 (d) The department may disseminate an employer's name, 146.28 address, industry code, occupations employed, and the number of 146.29 employees by ranges of not less than 100 for the purpose of 146.30 assisting individuals using the Minnesota workforce center 146.31 system in obtaining employment. 146.32 (e) The general aptitude test battery and the nonverbal 146.33 aptitude test battery as administered by the department are 146.34 private dataon individuals or nonpublic dataas defined in 146.35 section 13.02, subdivision 12. 146.36 (f) Data gathered by the department pursuant to the 147.1 administration of sections 268.03 to 268.23 must not be made the 147.2 subject or the basis for any suit in any civil proceedings, 147.3 administrative or judicial, unless the action is initiated by 147.4 the department. 147.5 Sec. 168. Minnesota Statutes 1998, section 270B.02, is 147.6 amended to read: 147.7 270B.02 [CLASSIFICATION OF DATA.] 147.8 Subdivision 1. [GENERAL RULE.] Except as otherwise 147.9 provided in this chapter, returns and return information are 147.10 private dataon individuals or nonpublic dataas defined in 147.11 section 13.02,subdivisions 9 andsubdivision 12. Except as 147.12 authorized by this chapter, the department of revenue, the 147.13 commissioner, an officer or employee or former officer or 147.14 employee of the department of revenue, a person engaged or 147.15 retained by the department on an independent contract basis, or 147.16 a person who, under sections 270B.05 to 270B.15, is permitted to 147.17 inspect returns or return information may not disclose returns 147.18 or return information. 147.19 Subd. 2. [PROTECTED NONPUBLICCONFIDENTIAL DATA.] The 147.20 following areprotected nonpublicconfidential data as defined 147.21 in section 13.02, subdivision133: 147.22 (1) criteria for determining which computer processed 147.23 returns are selected for audit; 147.24 (2) criteria for determining which returns are selected for 147.25 an in-depth audit; and 147.26 (3) criteria for determining which accounts receivable 147.27 balances below a stated amount are written off or canceled. 147.28 Subd. 3. [CONFIDENTIAL DATAON INDIVIDUALS; PROTECTED147.29NONPUBLIC DATA.] (a) Except as provided in paragraph (b), the 147.30 name or existence of an informer, informer letters, and other 147.31 unsolicited data, in whatever form, given to the department of 147.32 revenue by a person, other than the data subject, who informs 147.33 that a specific taxpayer is not or may not be in compliance with 147.34 tax laws, or nontax laws administered by the department of 147.35 revenue, including laws not listed in section 270B.01, 147.36 subdivision 8, are confidential dataon individuals or protected148.1nonpublic dataas defined in section 13.02,subdivisions148.2 subdivision 3and 13. 148.3 (b) Data under paragraph (a) may be disclosed with the 148.4 consent of the informer or upon a written finding by a court 148.5 that the information provided by the informer was false and that 148.6 there is evidence that the information was provided in bad 148.7 faith. This subdivision does not alter disclosure 148.8 responsibilities or obligations under the rules of criminal 148.9 procedure. 148.10 Subd. 4. [PUBLIC DATA.] Information required to be filed 148.11 by exempt individuals, corporations, organizations, estates, and 148.12 trusts under section 290.05, subdivisions 1 and 4, is public 148.13 dataon individuals or public data not on individuals,as 148.14 defined in section 13.02,subdivisionssubdivision 14and 15. 148.15 The commissioner may publish a list of organizations exempt from 148.16 taxation under section 290.05, except that the name or address 148.17 of any contributor to any organization that is or was exempt, or 148.18 that has applied for tax exempt status, or any other information 148.19 that could not be disclosed under section 6104 of the Internal 148.20 Revenue Code of 1986, as amended through December 31, 1988, is 148.21classified asprivate dataon individuals or nonpublic dataas 148.22 defined in section 13.02,subdivisions 9 andsubdivision 12. 148.23 Subd. 5. [MAINTAINING CLASSIFICATIONS.] Notwithstanding 148.24 section 13.03, subdivision 7, returns and return information 148.25 retain the classification designated under this chapter. 148.26 Notwithstanding sections 13.03, subdivision 8, and 13.10, data 148.27 classified under subdivision 3 and department of revenue data 148.28 classified under this chapter asnonpublic data, protected148.29nonpublic data,private dataon individuals,or confidential 148.30 dataon individualsremain so classified. 148.31 Subd. 6. [CLIENT LISTS; THIRD-PARTY BULK FILERS.] Client 148.32 lists required under section 290.92, subdivision 30, are 148.33classified asprivate dataon individuals or nonpublic data,as 148.34 defined in section 13.02,subdivisions 9 andsubdivision 12. 148.35 Sec. 169. Minnesota Statutes 1998, section 272.115, 148.36 subdivision 1, is amended to read: 149.1 Subdivision 1. [REQUIREMENT.] Except as otherwise provided 149.2 in subdivision 5, whenever any real estate is sold for a 149.3 consideration in excess of $1,000, whether by warranty deed, 149.4 quitclaim deed, contract for deed or any other method of sale, 149.5 the grantor, grantee or the legal agent of eithershallmust 149.6 file a certificate of value with the county auditor in the 149.7 county in which the property is located when the deed or other 149.8 document is presented for recording.ContractContracts for 149.9deedsdeed are subject to recording under section 507.235, 149.10 subdivision 1. Valueshallmust, in the case of any deed not a 149.11 gift, be the amount of the full actual consideration thereof, 149.12 paid or to be paid, including the amount of any lien or liens 149.13 assumed. The items and value of personal property transferred 149.14 with the real property must be listed and deducted from the sale 149.15 price. The certificate of valueshallmust include the 149.16 classification to which the property belongs for the purpose of 149.17 determining the fair market value of the property. The 149.18 certificateshallmust include financing terms and conditions of 149.19 the sale which are necessary to determine the actual, present 149.20 value of the sale price for purposes of the sales ratio study. 149.21 The commissioner of revenueshallmust promulgate administrative 149.22 rules specifying the financing terms and conditions which must 149.23 be included on the certificate. Pursuant tothe authority of149.24the commissioner of revenue insection 270.066, the certificate 149.25 of value must include the social security number or the federal 149.26 employer identification number of the grantors and grantees. 149.27 The identification numbers of the grantors and grantees are 149.28 private dataon individuals or nonpublic dataas defined in 149.29 section 13.02,subdivisions 9 andsubdivision 12, but, 149.30 notwithstanding that section, the privateor nonpublicdata may 149.31 be disclosed to the commissioner of revenue for purposes of tax 149.32 administration. 149.33 Sec. 170. Minnesota Statutes 1998, section 295.57, 149.34 subdivision 2, is amended to read: 149.35 Subd. 2. [ACCESS TO RECORDS.] For purposes of 149.36 administering the taxes imposed by sections 295.50 to 295.59, 150.1 the commissioner may access patients' records that contain 150.2 billing or other financial information without prior consent 150.3 from the patients. The data collectedis classified asare 150.4 privateor nonpublicdata as defined in section 13.02, 150.5 subdivision 12. 150.6 Sec. 171. Minnesota Statutes 1998, section 299A.61, 150.7 subdivision 2, is amended to read: 150.8 Subd. 2. [DATA ON MEMBERS.] Data that identify individuals 150.9 or businesses as members of the criminal alert network, 150.10 including names, addresses, telephone and fax numbers, are 150.11 private dataon individuals or nonpublic data,as defined in 150.12 section 13.02, subdivision9 or12. 150.13 Sec. 172. Minnesota Statutes 1998, section 299F.095, is 150.14 amended to read: 150.15 299F.095 [POWERS AND DUTIES OF FIRE DEPARTMENT.] 150.16 To the extent feasible, given the amount of funds and 150.17 training available, the local fire departmentshallmust: 150.18 (1) mail or otherwise distribute hazardous substance 150.19 notification report forms to employers within the jurisdiction 150.20 of the fire department except for those employers for whom an 150.21 inspection has been arranged or employers from whom a hazardous 150.22 substance notification is considered not necessary by the fire 150.23 department; 150.24 (2) retain and evaluate each hazardous substance 150.25 notification report and notification of significant change 150.26 submitted by each employer until the employer's workplace ceases 150.27 to exist or the fire department determines retention of the 150.28 hazardous substance notification report is no longer necessary; 150.29 (3) develop for fire department use appropriate fire and 150.30 emergency procedures for the hazardous substance risks of each 150.31 workplace based on the information received; 150.32 (4) investigate suspected violations of sections 299F.091 150.33 to 299F.099, and issue appropriate orders for compliance; and 150.34 (5) provide available material safety data sheets and 150.35 hazardous substance notification reports at the request of other 150.36 emergency response personnel. 151.1 Data collected under sections 299F.091 to 299F.099 is 151.2nonpublicprivate data not on individuals within the meaning of 151.3 section 13.02, subdivision912. 151.4 Sec. 173. Minnesota Statutes 1998, section 299F.096, 151.5 subdivision 1, is amended to read: 151.6 Subdivision 1. [NONPUBLICPRIVATE DATA NOT ON 151.7 INDIVIDUALS.] Before a fire department and emergency response 151.8 personnel may have access to information received under section 151.9 299F.094, the departmentshallmust establish security 151.10 procedures to prevent unauthorized use or disclosure 151.11 ofnonpublicprivate data not on individuals.Nonpublic151.12 Private data not on individuals must be made available in an 151.13 emergency to emergency response personnel. No liability results 151.14 under sections 299F.091 to 299F.099 with respect to disclosure 151.15 ofnonpublicprivate data not on individuals, if emergency 151.16 response personnel, in response to an emergency, reasonably 151.17 determine that the use or disclosure of the data is necessary to 151.18 expedite medical services or to protect persons from imminent 151.19 danger. As soon as practicable after disclosure ofnonpublic151.20 private data not on individuals is made by emergency response 151.21 personnel, the circumstances necessitating the disclosure and 151.22 the actual or estimated extent of the disclosure must be 151.23 described in writing by the personnel and provided to the 151.24 employer. 151.25 Sec. 174. Minnesota Statutes 1998, section 299J.13, 151.26 subdivision 3, is amended to read: 151.27 Subd. 3. [CLASSIFICATION OF DATA.] Except as otherwise 151.28 provided in this subdivision, data obtained from any person 151.29 under subdivision 1 or 2 is public data as defined in section 151.30 13.02. Upon certification by the subject of the data that the 151.31 data relates to sales figures, processes, or methods of 151.32 production unique to that person, or information that would tend 151.33 to affect adversely the competitive position of that person, the 151.34 director shall classify the data as privateor nonpublicdata as 151.35 defined in section 13.02. Notwithstanding any other law to the 151.36 contrary, data classified as privateor nonpublicunder this 152.1 subdivision may be disclosed when relevant in any proceeding 152.2 under sections 299J.01 to 299J.17, or to other public agencies 152.3 concerned with the implementation of sections 299J.01 to 299J.17. 152.4 Sec. 175. Minnesota Statutes 1998, section 326.3382, 152.5 subdivision 3, is amended to read: 152.6 Subd. 3. [PROOF OF INSURANCE.] (a) No license may be 152.7 issued to a private detective or protective agent applicant 152.8 until the applicant has complied with the requirements in this 152.9 subdivision. 152.10 (b) The applicantshallmust execute a surety bond to the 152.11 state of Minnesota in the penal sum of $10,000 and file it with 152.12 the board. The surety bond must be executed by a company 152.13 authorized to do business in the state of Minnesota, must name 152.14 the applicant as principal, and must state that the applicant 152.15 and each of the applicant's employeesshallmust faithfully 152.16 observe all of the laws of Minnesota and of the United States 152.17 andshallmust pay all damages suffered by any person by reason 152.18 of a violation of law by the applicant or by the commission of 152.19 any willful and malicious wrong by the applicant in the course 152.20 of business. 152.21 (c) The applicantshallmust furnish proof, acceptable to 152.22 the board, of the applicant's ability to respond in damages for 152.23 liability on account of accidents or wrongdoings arising out of 152.24 the ownership and operation of a private detective or protective 152.25 agent business. Compliance with paragraph (d), (e), or (f) is 152.26 satisfactory proof of financial responsibility for purposes of 152.27 this paragraph. 152.28 (d) The applicant may file with the board a certificate of 152.29 insurance demonstrating coverage for general liability, 152.30 completed operations, and personal injury. Personal injury 152.31 insurance must include coverage for: 152.32 (1) false arrest, detention, imprisonment, and malicious 152.33 prosecution; 152.34 (2) libel, slander, defamation, and violation of rights of 152.35 privacy; and 152.36 (3) wrongful entry, eviction, and other invasion of rights 153.1 of private occupancy. 153.2 The certificate must provide that the insurance may not be 153.3 modified or canceled unless 30 days prior notice is given to the 153.4 board. 153.5 (e) The applicant may file with the board an annual net 153.6 worth statement, signed by a licensed certified public 153.7 accountant, evidencing that the applicant has a net worth of at 153.8 least the following: 153.9 (1) for an applicant with no employees, $10,000; 153.10 (2) for an applicant with one to ten employees, $15,000; 153.11 (3) for an applicant with 11 to 25 employees, $25,000; 153.12 (4) for an applicant with 26 to 50 employees, $50,000; or 153.13 (5) for an applicant with 51 or more employees, $100,000. 153.14 Data indicating with which of the above requirements an 153.15 applicant must comply is public data. The contents of the net 153.16 worth statement are private dataon individuals or nonpublic153.17data,as defined in section 13.02. 153.18 (f) The applicant may file with the board an irrevocable 153.19 letter of credit from a financial institution acceptable to the 153.20 board in the amount listed in the appropriate category in 153.21 paragraph (e). 153.22 Sec. 176. Minnesota Statutes 1998, section 363.061, 153.23 subdivision 2, is amended to read: 153.24 Subd. 2. [ACCESS TO OPEN FILES.] (a) Except as otherwise 153.25 provided in this subdivision, human rights investigative data 153.26 contained in an open case file are confidential dataon153.27individuals or protected nonpublic dataas defined in section 153.28 13.02, subdivision 3. The name and address of the charging 153.29 party and respondent, factual basis of the allegations, and the 153.30 statute under which the action is brought are private dataon153.31individuals or nonpublic dataas defined in section 13.02, 153.32 subdivision 12, but are accessible to the charging party and the 153.33 respondent. 153.34 (b) After making a finding of probable cause, the 153.35 commissioner may make human rights investigative data contained 153.36 in an open case file accessible to a person, government agency, 154.1 or the public if access will aid the investigative and 154.2 enforcement process. 154.3 Sec. 177. Minnesota Statutes 1998, section 363.061, 154.4 subdivision 3, is amended to read: 154.5 Subd. 3. [ACCESS TO CLOSED FILES.] (a) Except as otherwise 154.6 provided in this subdivision, human rights investigative data 154.7 contained in a closed case file are private dataon individuals154.8or nonpublic dataas defined in section 13.02, subdivision 12. 154.9 The name and address of the charging party and respondent, 154.10 factual basis of the allegations, the statute under which the 154.11 action is brought, the part of the summary of the investigation 154.12 that does not contain identifying data on a person other than 154.13 the complainant or respondent, and the commissioner's memorandum 154.14 determining whether probable cause has been shown are public 154.15 data. 154.16 (b) The commissioner may make human rights investigative 154.17 data contained in a closed case file inaccessible to the 154.18 charging party or the respondent in order to protect medical or 154.19 other security interests of the parties or third persons. 154.20 Sec. 178. Minnesota Statutes 1998, section 383B.217, 154.21 subdivision 7, is amended to read: 154.22 Subd. 7. [PURCHASES AND MARKETING.] (a) Contracting and 154.23 purchasing made on behalf of the Hennepin county medical center 154.24 of goods, materials, supplies, equipment and contracted services 154.25 shall comply with sections 383B.141 to 383B.151. 154.26 (b) Notwithstanding section 471.705, the county board on 154.27 behalf of the medical center may meet in closed session to 154.28 discuss and take action on specific products or services that 154.29 are in direct competition with other providers of goods or 154.30 services in the public or private sector, if disclosure of 154.31 information pertaining to those matters would clearly harm the 154.32 competitive position of the medical center. 154.33 (c) The medical centershallmust inform the county board 154.34 when there are matters that are appropriate for discussion or 154.35 action under paragraph (b). The county administrator or the 154.36 administrator's designee shall give the board an opinion on the 155.1 propriety of discussion or action under paragraph (b) for each 155.2 of the matters. The county board may, by a majority vote in a 155.3 public meeting, decide to hold a closed meeting under paragraph 155.4 (b). The purpose, time, and place of the meeting must be 155.5 announced at a public meeting. A written roll of members 155.6 present at a closed meeting must be made available to the public 155.7 after the closed meeting. The proceedings of a closed meeting 155.8 must be tape recorded at the expense of the county board and be 155.9 preserved for not less than five years after the meeting. The 155.10 data on the tape arenonpublicprivate dataundernot on 155.11 individuals, as defined in section 13.02, subdivision912, 155.12 until two years after the meeting. A contract entered into by 155.13 the county board at a meeting held on behalf of the medical 155.14 center is subject to section 471.345. All bids and any related 155.15 materials that are considered at the meeting must be retained 155.16 for a period of not less than five years. After the expiration 155.17 of the term of any contract entered into pursuant to this 155.18 subdivision or a period of two years, whichever is less, the 155.19 contract, the bids, and any related materials are public data. 155.20 The contract, the bids, and any related materials are subject to 155.21 review by the state auditor at any time. 155.22 (d) Data concerning specific products or services that are 155.23 in direct competition with other providers of goods or services 155.24 in the public or private sector are trade secret information for 155.25 purposes of section 13.37, to the extent disclosure of 155.26 information pertaining to the matters would clearly harm the 155.27 competitive position of the medical center. The data are trade 155.28 secret information for the term of the contract or a two-year 155.29 period, whichever is less. 155.30 (e) This subdivision applies to the medical center, 155.31 ambulatory health centers, or other clinics authorized under 155.32 section 383B.219, as well as any other organization, 155.33 association, partnership, or corporation authorized by Hennepin 155.34 county under section 144.581. 155.35 Sec. 179. Minnesota Statutes 1998, section 383B.225, 155.36 subdivision 6, is amended to read: 156.1 Subd. 6. [INVESTIGATION PROCEDURE.] (a) Upon notification 156.2 of the death of any person, as provided in subdivision 5, the 156.3 county medical examiner or a designee may proceed to the body, 156.4 take charge of it, and order, when necessary, that there be no 156.5 interference with the body or the scene of death. Any person 156.6 violating the order of the examiner is guilty of a misdemeanor. 156.7 The examiner or the examiner's designeeshallmust make inquiry 156.8 regarding the cause and manner of death and, in cases that fall 156.9 under the medical examiner's jurisdiction, prepare written 156.10 findings together with the report of death and its 156.11 circumstances, whichshallmust be filed in the office of the 156.12 examiner. When it appears that death may have resulted from a 156.13 criminal act and that further investigation is advisable, a copy 156.14 of the reportshallmust be transmitted to the county attorney. 156.15 The examiner may take possession of any or all property of the 156.16 deceased, mark it for identification, and make an inventory. 156.17 The examinershallmust take possession of all articles useful 156.18 in establishing the cause of death, mark them for identification 156.19 and retain them securely until they are no longer needed for 156.20 evidence or investigation. The examinershallmust release any 156.21 property or articles needed for any criminal investigation to 156.22 law enforcement officers conducting the investigation. When a 156.23 reasonable basis exists for not releasing property or articles 156.24 to law enforcement officers, the examinershallmust consult 156.25 with the county attorney. If the county attorney determines 156.26 that a reasonable basis exists for not releasing the property or 156.27 articles, the examiner may retain them. The property or 156.28 articlesshallmust be returned immediately upon completion of 156.29 the investigation. When the property or articles are no longer 156.30 needed for the investigation or as evidence, the examinershall156.31 must release the property or articles to the person or persons 156.32 entitled to them. Notwithstanding any other law to the 156.33 contrary, when personal property of more than nominal value of a 156.34 decedent has come into the possession of the examiner, and is 156.35 not used for a criminal investigation or as evidence, and has 156.36 not been otherwise released as provided in this subdivision, the 157.1 name of the decedent shall be filed with the district court, 157.2 together with a copy of the inventory of the decedent's 157.3 property. At that time, an examination of the records of the 157.4 courtshallmust be made to determine whether a will has been 157.5 admitted to probate or an administration has been commenced. 157.6 Personal property, including wearing apparel, may be released to 157.7 or for the spouse or any blood relative or personal 157.8 representative of the decedent or to the person accepting 157.9 financial responsibility for burial of the decedent. If 157.10 property has not been released by the examiner and no will has 157.11 been admitted to probate or administration commenced within six 157.12 months after death, the examiner may sell the property, other 157.13 than firearms or other weapons, of a deceased person at a public 157.14 auction upon notice and in a manner as the court may direct. 157.15 The examinershallmust release all firearms of a deceased 157.16 person to the law enforcement agency handling the investigation 157.17 andshall cause to be destroyedmust destroy any other weapon of 157.18 a deceased person that is not released to or claimed by a 157.19 decedent's spouse, blood relative, or representative of the 157.20 estate, or other person who proves lawful ownership. If the 157.21 name of the decedent is not known, the examinershallmust 157.22 inventory the property of the decedent and after six months may 157.23 sell the property at a public auction. The examinershallmust 157.24 be allowed reasonable expenses for the care and sale of the 157.25 property andshallmust deposit the net proceeds of the sale 157.26 with the county administrator, or the administrator's designee, 157.27 in the name of the decedent, if known. If the decedent is not 157.28 known, the examinershallmust establish a means of identifying 157.29 the property of the decedent with the unknown decedent andshall157.30 must deposit the net proceeds of the sale with the county 157.31 administrator, or a designee, so, that, if the unknown 157.32 decedent's identity is established within six years, the 157.33 proceeds can be properly distributed. In either case, duplicate 157.34 receiptsshallmust be provided to the examiner, one of which 157.35shallmust be filed with the court, the other of whichshall157.36 must be retained in the office of the examiner. If a 158.1 representativeshallmust qualify within six years from the time 158.2 of deposit, the county administrator, or a designee,shallmust 158.3 pay the amount of the deposit to the representative upon order 158.4 of the court. If no order is made within six years, the 158.5 proceeds of the saleshallmust become a part of the general 158.6 revenue of the county. 158.7 (b) For the purposes of this section, health-related 158.8 records or data on a decedent, except health data defined in 158.9 section 13.38, whose death is being investigated under this 158.10 section, whether the records or data are recorded or unrecorded, 158.11 including but not limited to those concerning medical, surgical, 158.12 psychiatric, psychological, chemical dependency, or any other 158.13 consultation, diagnosis, or treatment, including medical 158.14 imaging,shallmust be made promptly available to the medical 158.15 examiner, upon the medical examiner's written request, by a 158.16 person having custody of, possession of, access to, or knowledge 158.17 of the records or data. In cases involving a stillborn infant 158.18 or the death of a fetus or an infant less than one year of age, 158.19 the records on the decedent's mothershallmust also be made 158.20 promptly available to the medical examiner. The medical 158.21 examiner shall pay the reasonable costs of copies of records or 158.22 data provided to the medical examiner under this section. Data 158.23 collected or created pursuant to this subdivision relating to 158.24 any psychiatric, psychological, or mental health consultation 158.25 with, diagnosis of, or treatment of the decedent whose death is 158.26 being investigatedshallmust remain confidentialor protected158.27nonpublicdata, as defined in section 13.02, subdivision 3, 158.28 except that the medical examiner's report may contain a summary 158.29 of such data. 158.30 (c) After investigating deaths of unautopsied persons who 158.31 are to be cremated, the medical examinershallmust give 158.32 approval for cremation andshallmust record such approval by 158.33 affixing the examiner's signature on the reverse side of the 158.34 deceased person's death certificate. 158.35 (d) The medical examiner has the power to subpoena any and 158.36 all documents, records, and papers deemed useful in the 159.1 investigation of a death. 159.2 Sec. 180. Minnesota Statutes 1998, section 390.11, 159.3 subdivision 7, is amended to read: 159.4 Subd. 7. [REPORTS.] (a) Deaths of the types described in 159.5 this section must be promptly reported for investigation to the 159.6 coroner by the law enforcement officer, attending physician, 159.7 mortician, person in charge of the public institutions referred 159.8 to in subdivision 1, or other person with knowledge of the death. 159.9 (b) For the purposes of this section, health-related 159.10 records or data on a decedent, except health data defined in 159.11 section 13.38, whose death is being investigated under this 159.12 section, whether the records or data are recorded or unrecorded, 159.13 including but not limited to those concerning medical, surgical, 159.14 psychiatric, psychological, or any other consultation, 159.15 diagnosis, or treatment, including medical imaging,shallmust 159.16 be made promptly available to the coroner, upon the coroner's 159.17 written request, by a person having custody of, possession of, 159.18 access to, or knowledge of the records or data. The coroner 159.19shallmust pay the reasonable costs of copies of records or data 159.20 provided to the coroner under this section. Data collected or 159.21 created pursuant to this subdivision relating to any 159.22 psychiatric, psychological, or mental health consultation with, 159.23 diagnosis of, or treatment of the decedent whose death is being 159.24 investigatedshallmust remain confidentialor protected159.25nonpublicdata, as defined in section 13.02, subdivision 3, 159.26 except that the coroner's report may contain a summary of such 159.27 data. 159.28 Sec. 181. Minnesota Statutes 1998, section 390.32, 159.29 subdivision 6, is amended to read: 159.30 Subd. 6. [REPORT OF DEATHS.] (a) Deaths of the types 159.31 described in this section must be promptly reported for 159.32 investigation to the sheriff by the attending physician, 159.33 mortician, person in charge of the public institutions referred 159.34 to in subdivision 1, or other person having knowledge of the 159.35 death. 159.36 (b) For the purposes of this section, health-related 160.1 records or data on a decedent, except health data as defined in 160.2 section 13.38, whose death is being investigated under this 160.3 section, whether the records or data are recorded or unrecorded, 160.4 including but not limited to those concerning medical, surgical, 160.5 psychiatric, psychological, or any other consultation, 160.6 diagnosis, or treatment, including medical imaging,shallmust 160.7 be made promptly available to the medical examiner, upon the 160.8 medical examiner's written request, by a person having custody 160.9 of, possession of, access to, or knowledge of the records or 160.10 data. The medical examinershallmust pay the reasonable costs 160.11 of copies of records or data provided to the medical examiner 160.12 under this section. Data collected or created pursuant to this 160.13 subdivision relating to any psychiatric, psychological, or 160.14 mental health consultation with, diagnosis of, or treatment of 160.15 the decedent whose death is being investigatedshallmust remain 160.16 confidentialor protected nonpublicdata, as defined in section 160.17 13.02, subdivision 3, except that the medical examiner's report 160.18 may contain a summary of such data. 160.19 Sec. 182. Minnesota Statutes 1998, section 400.08, 160.20 subdivision 4, is amended to read: 160.21 Subd. 4. [COLLECTION.] (a) The rates and charges may be 160.22 billed and collected in a manner the boardshall160.23determinedetermines. 160.24 (b) On or before October 15 in each year, the county board 160.25 may certify to the county auditor all unpaid outstanding 160.26 charges, and a description of the lands against which the 160.27 charges arose. Itshall beis the duty of the county auditor, 160.28 upon order of the county board, to extend the assessments, with 160.29 interest not to exceed the interest rate provided for in section 160.30 279.03, subdivision 1, upon the tax rolls of the county for the 160.31 taxes of the year in which the assessment is filed. For each 160.32 year ending October 15 the assessment with interestshallmust 160.33 be carried into the tax becoming due and payable in January of 160.34 the following year, andshallmust be enforced and collected in 160.35 the manner provided for the enforcement and collection of real 160.36 property taxes in accordance with the provisions of the laws of 161.1 the state. The charges, if not paid,shallbecome delinquent 161.2 andbesubject to the same penalties and the same rate of 161.3 interest as the taxes under the general laws of the state. 161.4 (c) In addition to any other manner of collection that may 161.5 be established under paragraph (a), a county may: 161.6 (1) require as a condition of a license issued under 161.7 section 115A.93 that the licensee collect service charges 161.8 established under subdivision 3 from solid waste generators for 161.9 remittal to the county; and 161.10 (2) audit a licensed collector's records of the charges 161.11 collected under clause (1) and the amount of waste collected 161.12 only to the extent necessary to ensure that all charges required 161.13 to be collected are remitted to the county. 161.14 Data received under clause (2) are privateor nonpublicdata as 161.15 defined in section 13.02, subdivision9 or12. 161.16 Sec. 183. Minnesota Statutes 1998, section 446A.11, 161.17 subdivision 11, is amended to read: 161.18 Subd. 11. [FINANCIAL INFORMATION.] Financial information, 161.19 including credit reports, financial statements and net worth 161.20 calculations, received or prepared by the authority regarding an 161.21 authority loan, financial assistance, or insurance is private 161.22 datawith regard to data on individualsas defined in section 161.23 13.02, subdivision 12and nonpublic data with regard to data not161.24on individuals as defined in section 13.02, subdivision 9. 161.25 Sec. 184. Minnesota Statutes 1998, section 473.598, 161.26 subdivision 4, is amended to read: 161.27 Subd. 4. [TREATMENT OF DATA.] (a) Except as specifically 161.28 provided in this subdivision, all data received by the 161.29 commission or council in the course of its negotiations and 161.30 acquisition of the basketball and hockey arenaisare public 161.31 data. 161.32 (b) The commission may keep confidential data received or 161.33 prepared by its accountants or counsel for purposes of 161.34 negotiations with existing or potential lessees of the 161.35 basketball and hockey arena. That datashall beis confidential 161.36 dataon individualsunder section 13.02, subdivision 3, or162.1protected nonpublic data under section 13.02, subdivision 13, as162.2the case may be, unless the commission determines that public 162.3 release of the data would advance the negotiations, or until the 162.4 potential lessees have executed agreements with the commission 162.5 or the negotiations are unfavorably concluded. 162.6 (c) The following datashall beare private dataon162.7individualsunder section 13.02, subdivision 12, or nonpublic162.8data under section 13.02, subdivision 9, as the case may be: 162.9 (1) data received by the commission or council from the 162.10 present lessees or potential lessees of the basketball and 162.11 hockey arena which if made public would, due to the disclosure, 162.12 permit a competitive economic advantage to other persons; 162.13 (2) data relating to affiliated entities of the parties 162.14 referred to in subdivision 3 whichisare not relevant to the 162.15 due diligence and economic feasibility study referred to under 162.16 subdivision 3; and 162.17 (3) data on individuals whichisare not relevant to the 162.18 finances of the basketball and hockey arena or useful to 162.19 demonstrate the financial ability of the potential lessees of 162.20 the arena to perform their agreements with the commission. 162.21 (d) For purposes of this subdivision, the terms 162.22 "commission" and "council" include their members and employees, 162.23 accountants, counsel, and consultants and the firm of 162.24 independent certified public accountants to be engaged under 162.25 subdivision 2. 162.26 (e) Notwithstanding the exceptions in this subdivision, 162.27 summary data which demonstrates the financial ability of the 162.28 lessees and potential lessees of the basketball and hockey arena 162.29 to perform their obligations under agreements with the 162.30 commission and data which relates in any way to the value of the 162.31 basketball and hockey arena and the amount by which the owners' 162.32 investment in the arena, including debt obligations, exceeds the 162.33 commission's payments to and assumption of the owners' debt 162.34 obligations,shall beare public data. 162.35 Sec. 185. Minnesota Statutes 1998, section 473.6671, 162.36 subdivision 3, is amended to read: 163.1 Subd. 3. [DUE DILIGENCE CONDITIONS.] (a) Before the 163.2 commission may issue the revenue bonds described in subdivision 163.3 1, the commission must receive, in form and substance 163.4 satisfactory to the commission: 163.5 (1) a report of audit of the commission's financial records 163.6 for the fiscal year most recently ended or, if this is not yet 163.7 available, a report for the preceding year, prepared by a 163.8 nationally recognized firm of certified public accountants, 163.9 showing that the net revenues received that year, computed as 163.10 the gross receipts less any refunds of rates, fees, charges, and 163.11 rentals for airport and air navigation facilities and service, 163.12 and less the aggregate amount of current expenses, paid or 163.13 accrued, of operation and maintenance of property and carrying 163.14 on the commission's business and activities, equaled or exceeded 163.15 the maximum amount of then outstanding bonds of the commission 163.16 and interest thereon to become due in any future fiscal year; 163.17 (2) a written report, prepared by an independent, 163.18 nationally recognized consultant on airport management and 163.19 financing engaged by the commission, on the financial condition 163.20 of the airline corporation, and any corporations selected by the 163.21 commission and affiliated with the corporation by common 163.22 ownership, projecting available revenues of the airline 163.23 corporation at least sufficient during each year of the term of 163.24 the proposed revenue bonds to pay when due all financial 163.25 obligations of the airline corporation under the revenue 163.26 agreements and leases described in subdivision 1 and stating the 163.27 factors on which the projection is based; and 163.28 (3) a written report prepared by a nationally recognized 163.29 consultant on airport management and financing, projecting 163.30 available revenues of the commission at least sufficient during 163.31 each year of the term of the proposed revenue bonds to pay all 163.32 principal and interest when due on the revenue bonds, and 163.33 stating the estimates of air traffic, rate increases, inflation, 163.34 and other factors on which the projection is based. 163.35 (b) Business plans, financial statements, customer lists, 163.36 and market and feasibility studies provided to the consultant or 164.1 the commission by the airline company or a related company under 164.2 paragraph (a), arenonpublicprivate data as defined in section 164.3 13.02, subdivision912. 164.4 Sec. 186. Minnesota Statutes 1998, section 473.843, 164.5 subdivision 4, is amended to read: 164.6 Subd. 4. [EXCHANGE OF INFORMATION.] Notwithstanding the 164.7 provisions of section 116.075, the agency may provide the 164.8 commissioner of revenue with the information necessary for the 164.9 enforcement of this section. Information disclosed in a return 164.10 filed under this section is public information. Information 164.11 exchanged between the commissioner and the agency is public 164.12 unless the information is of the type determined to be for the 164.13 confidential use of the agency under section 116.075 or is trade 164.14 secret information classified under section 13.37. Information 164.15 obtained in the course of an audit by the department of revenue 164.16 is privateor nonpublicdata to the extent that it would not be 164.17 directly divulged in a return. 164.18 Sec. 187. Minnesota Statutes 1998, section 475.55, 164.19 subdivision 6, is amended to read: 164.20 Subd. 6. [REGISTRATION DATA PRIVATE.] All information 164.21 contained in any register maintained by a municipality or by a 164.22 corporate registrar with respect to the ownership of municipal 164.23 obligations isnonpublic data as defined in section 13.02,164.24subdivision 9, orprivate dataon individualsas defined in 164.25 section 13.02, subdivision 12. The information is not public 164.26 and is accessible only to the individual or entity that is the 164.27 subject of it, except if disclosure: 164.28 (1) is necessary for the performance of the duties of the 164.29 municipality or the registrar; 164.30 (2) is requested by an authorized representative of the 164.31 state commissioner of revenue or attorney general or of the 164.32 commissioner of internal revenue of the United States for the 164.33 purpose of determining the applicability of a tax; 164.34 (3) is required under section 13.03, subdivision 4; or 164.35 (4) is requested at any time by the corporate trust 164.36 department of a bank or trust company acting as a tender agent 165.1 pursuant to documents executed at the time of issuance of the 165.2 obligations to purchase obligations described in section 475.54, 165.3 subdivision 5a, or obligations to which a tender option has been 165.4 attached in connection with the performance of such person's 165.5 duties as tender agent, or purchaser of the obligations. 165.6 A municipality or its agent may use the information in a 165.7 register for purposes of offering obligations under a bond 165.8 reinvestment program. 165.9 Sec. 188. Minnesota Statutes 1998, section 583.29, is 165.10 amended to read: 165.11 583.29 [PRIVATE DATA.] 165.12 All data regarding the finances of individual debtors and 165.13 creditors created, collected, and maintained by the mediators or 165.14 the director areclassified asprivate dataon individualsunder 165.15 section 13.02, subdivision 12, or nonpublic data under section165.1613.02, subdivision 9. 165.17 Sec. 189. Minnesota Statutes 1998, section 626.558, 165.18 subdivision 3, is amended to read: 165.19 Subd. 3. [INFORMATION SHARING.] (a) The local welfare 165.20 agency may make available to the case consultation committee or 165.21 subcommittee, all records collected and maintained by the agency 165.22 under section 626.556 and in connection with case consultation. 165.23 A case consultation committee or subcommittee member may share 165.24 information acquired in the member's professional capacity with 165.25 the committee or subcommittee to assist in case consultation. 165.26 (b) Case consultation committee or subcommittee members 165.27 must annually sign a data sharing agreement, approved by the 165.28 commissioner of human services, assuring compliance with chapter 165.29 13.Not publicPrivate data, as defined by section 13.02, 165.30 subdivision8a12, and confidential data, as defined by section 165.31 13.02, subdivision 3, may be shared with members appointed to 165.32 the committee or subcommittee in connection with an individual 165.33 case when the members have signed the data sharing agreement. 165.34 (c) All data acquired by the case consultation committee or 165.35 subcommittee in exercising case consultation duties, are 165.36 confidential as defined in section 13.02, subdivision 3, and 166.1shallmust not be disclosed except to the extent necessary to 166.2 perform case consultation, and shall not be subject to subpoena 166.3 or discovery. 166.4 (d)NoMembers of a case consultation committee or 166.5 subcommittee meetingshallmust not disclose what transpired at 166.6 a case consultation meeting, except to the extent necessary to 166.7 carry out the case consultation plan. The proceedings and 166.8 records of the case consultation meeting are not subject to 166.9 discovery, and may not be introduced into evidence in any civil 166.10 or criminal action against a professional or local welfare 166.11 agency arising out of the matter or matters which are the 166.12 subject of consideration of the case consultation meeting. 166.13 Information, documents, or records otherwise available from 166.14 original sources are not immune from discovery or use in any 166.15 civil or criminal action merely because they were presented 166.16 during a case consultation meeting. Any person who presented 166.17 information before the consultation committee or subcommittee or 166.18 who is a member shall not be prevented from testifying as to 166.19 matters within the person's knowledge. However, in a civil or 166.20 criminal proceeding a person shall not be questioned about the 166.21 person's presentation of information before the case 166.22 consultation committee or subcommittee or about opinions formed 166.23 as a result of the case consultation meetings. 166.24 A person who violates this subdivision is subject to the 166.25 civil remedies and penalties provided under chapter 13. 166.26 Sec. 190. [REPEALER.] 166.27 Minnesota Statutes 1998, sections 13.02, subdivisions 4, 166.28 8a, 9, 13, and 15; 13.10, subdivision 1; 13.528; 13.54, 166.29 subdivisions 3 and 5; and 13.77, subdivision 2, are repealed.