HF 2209

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  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 REVEALED PRIVATE DATA.] After 
  2.40  consideration of the applicant's request submitted under 
  2.41  subdivision 1, the commissioner shall not make any information 
  2.42  public information 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 public 
  3.25  information obtained by the commissioner without the 
  3.26  commissioner's authority, unless directed by a court, is guilty 
  3.27  of a misdemeanor Information 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 products shall must, 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   reports shall must contain such further information as, from 
  4.7   time to time, may be required by the commissioner.  A duplicate 
  4.8   copy thereof shall must be retained by such person, owner, or 
  4.9   operator in files, which shall must be subject to examination by 
  4.10  the commissioner at any time.  It shall be unlawful for the 
  4.11  commissioner, or any public official or employee to divulge or 
  4.12  otherwise make known in any manner any particulars set forth or 
  4.13  disclosed in any report or return required by this section, or 
  4.14  any information concerning the business transacted by any such 
  4.15  person, owner or operator so reporting, acquired from records, 
  4.16  officers or employees while examining or inspecting any books or 
  4.17  records kept and maintained as required by section 32.18, except 
  4.18  as such information is required or authorized to be disclosed in 
  4.19  a judicial proceeding by order of the district court.  Except as 
  4.20  last stated and with the authority there required, any person 
  4.21  violating the provision of this section establishing the 
  4.22  confidential character of such information and the reports or 
  4.23  returns required to be made and filed with the commissioner 
  4.24  shall be guilty of a gross misdemeanor.  
  4.25     Nothing herein contained shall be construed to prohibit the 
  4.26  commissioner from publishing statistics so classified as not to 
  4.27  disclose the identity of particular returns or reports or any 
  4.28  item 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.  All 
  5.6   facts and information Data obtained in the course of such 
  5.7   examination shall are 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 examined shall must 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.] The 
  5.14  commissioner may not be required to divulge any Except 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 of 
  5.18  insurance companies, including examination related 
  5.19  correspondence and workpapers, until is 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 the 
  5.22  form of the final public report of examinations is public data.  
  5.23  Nothing contained in this subdivision prevents or shall be 
  5.24  construed as prohibiting prohibits 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 as nonpublic private 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 commissioner shall must make a full and true 
  6.3   report of every examination conducted pursuant to this chapter, 
  6.4   which shall must 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 examination shall must be verified by the oath of the 
  6.17  examiner in charge thereof, and shall must 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 charge shall must file with the 
  6.23  department a verified written report of examination under oath.  
  6.24  Upon receipt of the verified report, the department shall must 
  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 
  6.32  shall must 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 company shall 
  7.21  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 commissioner shall must enter an 
  7.33  order as required under paragraph (c), clause (1).  
  7.34     (3) The commissioner shall must 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  department shall must 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 content 
  8.25  of the examination report as private and confidential 
  8.26  information is 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).  Thereafter After that period, the commissioner may open 
  8.29  the report for public inspection if is public data unless a 
  8.30  court of competent jurisdiction has not stayed stays its 
  8.31  publication. 
  8.32     (2) Nothing contained in this subdivision prevents or shall 
  8.33  be construed as prohibiting prohibits 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 it confidential 
  9.6   and in 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) All working papers, recorded information, documents and 
  9.11  copies thereof data 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 subdivision must be given 
  9.14  confidential treatment are private data and are not subject to 
  9.15  subpoena and may must not be made public by the commissioner or 
  9.16  any other person, except to the extent provided in paragraph 
  9.17  (e).  Access may also be granted to the National Association of 
  9.18  Insurance Commissioners.  The parties must agree in writing 
  9.19  prior to receiving the information to provide to it the same 
  9.20  confidential treatment as required by this section, unless the 
  9.21  prior written consent of the company to which it pertains has 
  9.22  been 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.137 must be 
  9.27  held as nonpublic are private data not on individuals as defined 
  9.28  in section 13.02, are not subject to subpoena, and may must not 
  9.29  be made public by the commissioner, the National Association of 
  9.30  Insurance Commissioners, or other person, except to insurance 
  9.31  departments of other states, released without the prior written 
  9.32  consent of the insurer to which it a 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.  These The reports and 
 10.9   recommendations shall not be considered to be public information 
 10.10  are private data not on individuals as defined in section 13.02. 
 10.11  There shall not be liability on the part of, or a cause of 
 10.12  action 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  confidential and may not be disclosed by the department data 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 individual 
 10.29  identification data for all Data on viators is are private and 
 10.30  confidential information and must not be disclosed by the 
 10.31  commissioner, unless required by law data 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 remain are 
 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 order orders 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 fine shall must not exceed five percent of the unpaid 
 11.23  assessment per month, except that no fine shall must 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 privacy 
 11.33  requirement or any obligation to treat the information as 
 11.34  privileged.  This disclosure does not change the data privacy or 
 11.35  privileged status of the information.  Board members shall must 
 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 TREATMENT ACCESS TO DATA.] 
 12.6      All information, documents, and copies of them Data 
 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 confidential 
 12.11  treatment and shall not be subject to subpoena and shall not be 
 12.12  made public by the commissioner, the National Association of 
 12.13  Insurance Commissioners, or any other person, except to 
 12.14  insurance departments of other states, without the prior written 
 12.15  consent of the insurer to which it pertains unless is 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  section shall must 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 termination shall must 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   insurer shall must 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 insurer shall must 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 termination shall be 
 13.11  deemed confidential by the commissioner and a privileged 
 13.12  communication is private data on individuals as defined in 
 13.13  section 13.02.  The document, record, or statement furnished to 
 13.14  the commissioner shall is a privileged communication and is not 
 13.15  be admissible 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 commissioner shall must 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 
 13.34  shall must include a statement of the specific facts 
 13.35  constituting cause for termination.  Any such information shall 
 13.36  be deemed The request is private data as defined in section 
 14.1   13.02.  The request is a confidential and privileged 
 14.2   communication, and shall must 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  commissioner shall must 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 request shall must 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 the 
 14.36  agency in discharging its statutory obligations, unless 
 15.1   otherwise specifically authorized by said owner or operator are 
 15.2   private data as defined in section 13.02.  Provided, however 
 15.3   that all such information may be used by the agency in compiling 
 15.4   or publishing analyses or summaries relating to the general 
 15.5   condition of the state's water, air and land resources so long 
 15.6   as such analyses or summaries do not identify any owner or 
 15.7   operator who has so certified.  Notwithstanding the foregoing, 
 15.8   The agency may disclose any information, whether or not 
 15.9   otherwise considered confidential which that 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 disclose Financial records 
 15.16  provided to it the office by a school pursuant to this section 
 15.17  except are 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, its a 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, shall must 
 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 section shall be are 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 agency shall must, 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 safety shall must, 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 safety shall must 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 
 16.20  shall are not be discoverable under any provision of law or rule 
 16.21  of court.  No report shall Reports 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 safety shall must 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 request 
 17.22  and shall receive information has 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 of all 
 17.27  departments, boards, bureaus, or other agencies of this state 
 17.28  except the department of revenue, and they shall provide such 
 17.29  information notwithstanding the provisions of section 268.19 or 
 17.30  any other existing law or rule to the contrary state agencies, 
 17.31  except that when 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 of any such information shall under 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 blind shall must 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 to this 
 18.14  section 171.31 may be communicated by the commissioner to 
 18.15  the department state agency from which the person received a 
 18.16  benefit.  The information received by the commissioner pursuant 
 18.17  to this section must not be divulged or otherwise made known in 
 18.18  any manner except in connection with the cancellation of 
 18.19  drivers' licenses, and then only to the person involved whose 
 18.20  license is canceled, and except for statistical purposes which 
 18.21  do 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 
 18.25  shall must 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 industry shall find finds it necessary 
 18.35  to gather information, shall must 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 such 
 19.2   information shall not be disclosed.  Every notice, order, or 
 19.3   direction given by such department shall must 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 and all records and documents of data received by the 
 19.8   department under this section are hereby declared public 
 19.9   documents data and shall must not be destroyed within 
 19.10  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.] 
 19.17     Any employee of the department of labor and industry who 
 19.18  shall disclose the names of any Data on persons supplying 
 19.19  information at the request of such department shall be guilty of 
 19.20  a misdemeanor are private data on individuals as defined in 
 19.21  section 13.02.  Any person who, having been duly subpoenaed, 
 19.22  shall refuse refuses to attend or testify in any hearing under 
 19.23  the direction of the department of labor and industry shall be 
 19.24  is guilty of a misdemeanor.  Any owner or occupant of any place 
 19.25  of employment who shall refuse refuses to admit thereto any 
 19.26  employee of the department seeking entrance in the discharge of 
 19.27  the employee's duties, shall be is guilty of a misdemeanor.  Any 
 19.28  person, firm, or corporation, or any of its officers or agents, 
 19.29  who or which shall refuse to file with the department such the 
 19.30  reports as are required by it under the provisions of sections 
 19.31  175.24 to 175.27 shall be is 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.  Any A 
 20.3   notice shall must be written, shall set forth with reasonable 
 20.4   particularity the grounds for the notice, and shall be signed by 
 20.5   the employee or representative of employees.  A copy of the 
 20.6   notice shall must 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  notice shall are 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  commissioner shall must 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 commissioner shall so must 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 commissioner shall must 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, shall must 
 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  commissioner shall must 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 report or its copy which has been filed with 
 21.3   the commissioner of the department of labor and industry under 
 21.4   this section is not available to public inspection private data 
 21.5   as defined in section 13.02.  Any person who has access to such 
 21.6   a report shall must not disclose its contents to anyone in any 
 21.7   manner. 
 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.] 
 21.13     The contents of, and all files, records, reports, papers 
 21.14  and documents Data pertaining to, any claim for the benefits of 
 21.15  Laws 1943, chapter 420, whether pending or adjudicated, shall be 
 21.16  deemed confidential and privileged are private data on 
 21.17  individuals as defined in section 13.02 and no a disclosure 
 21.18  thereof shall must 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) to said the 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, such the 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 when such the 
 21.29  representatives have been duly certified as such by the state 
 21.30  department of any such veterans' organizations in the state of 
 21.31  Minnesota.  
 21.32     (c) (3) in any a court in the state of Minnesota which has 
 21.33  jurisdiction of over the parties to, and subject matter of, an 
 21.34  action or proceeding therein pending, as found by said the 
 21.35  court, when required to be produced by the process of such the 
 21.36  court, and then only in open court, as evidence, in such the 
 22.1   action or proceeding after a judge thereof shall have ruled 
 22.2   rules the same to be data are relevant and competent evidence in 
 22.3   such the action or proceeding according to the laws and statutes 
 22.4   of said state Minnesota.  
 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 services shall must 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 all Data 
 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 research the names or other 
 22.16  identifying characteristics of a subject of research unless 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 research may must 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  court shall must only order disclosure of only that relevant 
 22.31  information which is determined relevant.  In determining 
 22.32  whether to compel disclosure, the court shall must 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 of a the child thereby conceived.  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 physician or 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 257.74 shall must 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, whether 
 24.2   that are part of the permanent record of the court or of a file 
 24.3   in 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 party may must 
 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  court shall must 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 subdivision may must 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 commissioner shall 
 25.5   must have the right to receive from any public government 
 25.6   records the names, addresses, and information pertinent to their 
 25.7   the vocational rehabilitation of persons injured or otherwise 
 25.8   disabled.  Except as provided in subdivision 2, no information 
 25.9   obtained from these reports, nor any copy of the same, nor any 
 25.10  of the contents thereof, nor other confidential information as 
 25.11  defined by the commissioner shall be open to the public, nor 
 25.12  shall be disclosed in any manner by any official or clerk or 
 25.13  other employee of the state having access thereto, but the same 
 25.14  may be used, except as provided in subdivision 2, solely Data 
 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.] 
 25.22     It shall be unlawful for the motor vehicle registrar, 
 25.23  deputy registrars or any other public official or employee to 
 25.24  divulge or otherwise make known in any manner any particulars 
 25.25  disclosed Data 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  proceedings or upon request of the person named on the 
 25.31  certificate.  Nothing herein contained should be construed to 
 25.32  prohibit the publishing of statistics so classified as not to 
 25.33  disclose the identity of particular purchasers' certificates and 
 25.34  the contents thereof.  Any person violating the provisions of 
 25.35  this 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.] Notwithstanding 
 26.3   any law to the contrary, neither the commissioner nor a public 
 26.4   employee may reveal facts Data contained in a report or return 
 26.5   required by this chapter or and any information obtained from a 
 26.6   tax obligor; nor can any are 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 any 
 26.16  law to the contrary, neither the commissioner nor a public 
 26.17  employee may reveal facts Data contained in a sports bookmaking 
 26.18  tax return filed with the commissioner of revenue as required by 
 26.19  under this section, nor can any are 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 gross 
 26.26  misdemeanor. 
 26.27     (c) This section does not prohibit the commissioner from 
 26.28  publishing statistics that do not disclose the identity of tax 
 26.29  obligors 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 OF DATE DATA.] 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 data as deemed appropriate to, 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 1 shall be considered are 
 27.9   confidential data as defined in section 13.02 for three years 
 27.10  from the date it is the data are filed with the commissioner.  
 27.11  Nothing herein contained shall be construed to prohibit the 
 27.12  commissioner from disclosing information or publishing 
 27.13  statistics so classified as not to disclose the identity of 
 27.14  particular 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 section 
 27.20  shall 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 application to 
 27.24  the commissioner for money is a grant under this section are 
 27.25  confidential record data 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 is a 
 27.29  confidential record data on individuals.  A report at the 
 27.30  conclusion of an investigation is a public record data, except 
 27.31  that information data in a report pertaining to on the identity 
 27.32  or location of an assisted witness is are 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) is confidential private 
 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 may handle such treat the preliminary information 
 28.33  in 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.] No 
 29.3   political subdivision or its employee or agent shall disclose 
 29.4   any information about Data on individual claims or total claims 
 29.5   of an individual without the consent of the individual are 
 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 the 
 29.11  disclosure of aggregate claims for the group without 
 29.12  identification of any individual. 
 29.13     A parent or legal guardian of a minor is authorized to act 
 29.14  on 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, shall must 
 29.19  be made forthwith by telephone or in person, and shall must 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 police shall must keep the 
 29.31  report as a confidential communication and shall must not 
 29.32  disclose the name of the person making the same, and report.  
 29.33  The party making the report shall must not by reason thereof be 
 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 are not public 
 30.10  or with respect to data on individuals are confidential 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 are not public and 
 30.15  with respect to data on individuals are confidential 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  are protected nonpublic data or confidential data on 
 30.30  individuals, 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 
 30.34  protected nonpublic data or confidential data on 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 made only by 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 board shall 
 31.20  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 
 32.3   nonpublic private 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, but may must 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 DATA ON INDIVIDUALS.] "Confidential 
 32.13  data on individuals" means data which, whether on individuals or 
 32.14  not on individuals, that is made not public, by statute or 
 32.15  federal law applicable to the data and is, inaccessible to the 
 32.16  individual public and to the subject of that the 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 DATA ON INDIVIDUALS.] "Private data on 
 32.24  individuals" means data which, 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 the individual subject of that the 
 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 DATA NOT ON INDIVIDUALS.] "Public 
 32.32  data not on individuals" means data which, 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 
 33.14  state agency, political subdivision, or statewide system shall 
 33.15  be government entity are public unless classified by statute, or 
 33.16  temporary classification pursuant to under section 13.06, or 
 33.17  federal law, as nonpublic or protected nonpublic, or with 
 33.18  respect to data on individuals, as private or confidential.  The 
 33.19  responsible authority in every state agency, political 
 33.20  subdivision and statewide system shall government entity must 
 33.21  keep records containing government data in such an arrangement 
 33.22  and condition as to make that makes them easily accessible for 
 33.23  convenient use.  Photographic, photostatic, microphotographic, 
 33.24  or microfilmed records shall be are considered as accessible for 
 33.25  convenient use regardless of the size of such the records. 
 33.26     Subd. 2.  [PROCEDURES.] The responsible authority in every 
 33.27  state agency, political subdivision, and statewide system 
 33.28  shall government 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 accessibility shall 
 33.32  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 person shall must be 
 34.3   permitted to inspect and copy public government data at 
 34.4   reasonable times and places, and, upon request, shall must be 
 34.5   informed of the data's meaning.  If a person requests access for 
 34.6   the purpose of inspection, the responsible authority may must 
 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   designee shall must 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 from not public private 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 
 34.19  shall must be supplied as soon as reasonably possible. 
 34.20     When a request under this subdivision involves any a 
 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 the agency government 
 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 the agency government entity to relate 
 34.30  to the actual development costs of the information.  The 
 34.31  responsible authority, upon the request of any a 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 designee shall must 
 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, and shall must 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 of any a person denied access to data, the responsible 
 35.7   authority or designee shall must 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 AMONG AGENCIES GOVERNMENT ENTITIES.] (a) The 
 35.13  classification of data in the possession of an agency shall a 
 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  receiving agency government 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 
 35.23  state agencies, political subdivisions, or statewide systems a 
 35.24  government entity by another state agency, political 
 35.25  subdivision, or statewide system government entity, the data 
 35.26  disseminated shall must have the same classification in the 
 35.27  hands of the agency government entity receiving it as it had in 
 35.28  the hands of the government entity providing it. 
 35.29     (d) If a state agency, statewide system, or political 
 35.30  subdivision government entity disseminates data to another state 
 35.31  agency, statewide system, or political subdivision government 
 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.] 
 36.1   Nothing in Neither this chapter or nor any other statute shall 
 36.2   be construed to prevent a state agency, statewide system, or 
 36.3   political subdivision prevents a government entity from 
 36.4   acquiring a copyright or patent for a computer software program 
 36.5   or components of a program created by that the government agency 
 36.6   entity.  In the event that If a government agency entity does 
 36.7   acquire a patent or copyright to a computer software program or 
 36.8   component of a program, the data shall must be treated as trade 
 36.9   secret information pursuant to section 13.37.  
 36.10     Subd. 6.  [DISCOVERABILITY OF NOT PUBLIC PRIVATE OR 
 36.11  CONFIDENTIAL DATA.] If a state agency, political subdivision, or 
 36.12  statewide system government 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 as not public private 
 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 officer shall must 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 officer shall 
 36.25  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  the agency government 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 officer shall 
 36.31  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 officer shall 
 37.2   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 as not public private or confidential by 
 37.6   this chapter or any other statute, including private data on 
 37.7   decedents and confidential data on decedents, is physically 
 37.8   transferred to the state archives, the data shall are no longer 
 37.9   be classified as not public private or confidential and access 
 37.10  to and use of the data shall be are governed by section 138.17.  
 37.11     Subd. 8.  [CHANGE TO CLASSIFICATION OF DATA NOT ON 
 37.12  INDIVIDUALS.] Except for security information, nonpublic private 
 37.13  and protected nonpublic confidential data shall become not on 
 37.14  individuals becomes public either ten years after the creation 
 37.15  of the data by the government agency entity or ten years after 
 37.16  the data was received or collected by any governmental agency a 
 37.17  government entity unless the responsible authority for the 
 37.18  originating or custodial agency government 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 action shall must 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 a state agency government 
 37.28  entity, in any county.  The data in dispute shall must be 
 37.29  examined by the court in camera.  In deciding whether or not to 
 37.30  release the data, the court shall must consider the benefits and 
 37.31  harms in the same manner as set forth above.  The court shall 
 37.32  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 
 38.10  CLASSIFIED AS NOT PUBLIC; PUBLIC MEETINGS.] Not public Private 
 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 whom the data is stored or to be stored shall be as are 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 
 38.23  state agency, political subdivision, or statewide 
 38.24  system government 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 requirement shall does 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 individual shall must be informed 
 38.34  whether the individual is the subject of stored data on 
 38.35  individuals, and whether it the 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   individuals shall must be shown the data without any charge and, 
 39.3   if desired, shall must 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   action pursuant to under this section is pending or additional 
 39.8   data on the individual has been collected or created.  The 
 39.9   responsible authority shall must 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 authority shall must comply immediately, if 
 39.15  possible, with any request made pursuant to under 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 shall so 
 39.20  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 of the data may contest the 
 39.25  accuracy or completeness of public or private data.  To exercise 
 39.26  this right, an individual shall must notify in writing the 
 39.27  responsible authority describing the nature of the 
 39.28  disagreement.  The responsible authority shall must, 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 dispute shall must 
 39.34  only be disclosed only if 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   appealed pursuant to under the provisions of the Administrative 
 40.2   Procedure Act relating to contested cases.  Upon receipt of an 
 40.3   appeal by an individual, the commissioner shall must, 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 commissioner shall must 
 40.9   dismiss the appeal or issue the order and notice of hearing. 
 40.10     (b) Data on individuals an individual that have been 
 40.11  successfully challenged by an the individual must be completed, 
 40.12  corrected, or destroyed by a state agency, political 
 40.13  subdivision, or statewide system government entity without 
 40.14  regard to the requirements of section 138.17. 
 40.15     After completing, correcting, or destroying successfully 
 40.16  challenged data, a state agency, political subdivision, or 
 40.17  statewide system government entity may retain a copy of the 
 40.18  commissioner of administration's order issued under chapter 14 
 40.19  or, if no order were was 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.] 
 40.23  Nothing in this chapter shall be construed as limiting This 
 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 upon the child reaching the 
 40.27  age of majority.  An agency A government entity or institution 
 40.28  may not charge a fee to search for or to retrieve the 
 40.29  educational records.  An agency A 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  when to do doing 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 authority shall of 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 the authority's state agency, 
 41.9   statewide system, or political subdivision government entity.  
 41.10  Forms used to collect private and confidential data shall on 
 41.11  individuals must be included in the public document.  Beginning 
 41.12  August 1, 1977 and annually thereafter, The responsible 
 41.13  authority shall must annually update the public document and 
 41.14  make any changes necessary to maintain the accuracy of the 
 41.15  document.  The document shall must be available to the public 
 41.16  from the responsible authority to the public in 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 individual shall must not be 
 41.22  collected, stored, used, or disseminated by political 
 41.23  subdivisions, statewide systems, or state agencies government 
 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 or agencies government entities 
 41.35  specifically authorized access to that the 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 or agencies government entities 
 42.4   subsequent to the collection of the data when if 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 to any a person or 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 consent shall must be determined by rules of the 
 42.14  commissioner.  Informed consent shall must not be deemed to have 
 42.15  been given by an individual subject of the data by the signing 
 42.16  of any a statement authorizing any a person or agency 
 42.17  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 a governmental unit 
 43.13  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 the governmental unit government 
 43.16  entity, that data shall must be administered consistent with 
 43.17  this chapter.  A contracting party shall must 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 authority shall must prepare a public document 
 43.24  setting forth in writing the rights of the data subject pursuant 
 43.25  to under section 13.04 and the specific procedures in effect in 
 43.26  the state agency, statewide system or political 
 43.27  subdivision government 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  authority shall must allow another responsible authority access 
 43.33  to data classified as not public private or confidential only 
 43.34  when the access is authorized or required by statute or federal 
 43.35  law.  An agency A government entity that supplies government 
 43.36  data under this subdivision may require the requesting agency 
 44.1   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 a state agency, political subdivision, or statewide 
 44.8   system government entity may apply to the commissioner for 
 44.9   permission to classify data or types of data on individuals as 
 44.10  private or confidential, or data not on individuals as nonpublic 
 44.11  or protected nonpublic, for its own use and for the use of other 
 44.12  similar agencies, political subdivisions, or statewide 
 44.13  systems government 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 data which that is the subject of the 
 44.18  application shall must 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 data which that was the subject of the 
 44.28  application shall must 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 individuals shall include must 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 
 44.36  either 
 45.1      (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 FOR NONPUBLIC OR 
 45.10  NONPUBLIC PROTECTED DATA NOT ON INDIVIDUALS.] An application for 
 45.11  temporary classification of government data not on individuals 
 45.12  shall include must state, and the applicant shall must have the 
 45.13  burden of clearly establishing, that no statute currently exists 
 45.14  which either allows or forbids classification as nonpublic 
 45.15  private or protected nonpublic confidential; and either that: 
 45.16     (a) That (1) data similar to that for which the temporary 
 45.17  classification is sought has been treated as nonpublic private 
 45.18  or protected nonpublic confidential by other state agencies or 
 45.19  political subdivisions, and by the public; or 
 45.20     (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 data which that would reasonably be 
 45.28  classified in the same manner by all agencies, political 
 45.29  subdivisions, or statewide systems government entities similar 
 45.30  to the one which that made the application, the commissioner may 
 45.31  approve or disapprove the classification for data of the 
 45.32  kind which that is the subject of the application for the use of 
 45.33  all agencies, political subdivisions, or statewide 
 45.34  systems government entities similar to the applicant.  On 
 45.35  deeming this approach advisable, the commissioner shall must 
 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   affected agency, political subdivision, government entity or the 
 46.6   public, or statewide system may submit comments on the 
 46.7   commissioner's proposal.  The commissioner shall must consider 
 46.8   any comments received when granting or denying a classification 
 46.9   for data of the kind which that is the subject of the 
 46.10  application, for the use of all agencies, political 
 46.11  subdivisions, or statewide systems government entities similar 
 46.12  to the applicant.  Within 45 days after the close of the period 
 46.13  for submitting comment, the commissioner shall must grant or 
 46.14  disapprove the application.  Applications processed under this 
 46.15  subdivision shall must 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 data which that is the 
 46.18  subject of the classification shall must be deemed to be 
 46.19  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  all agencies, political subdivisions, or statewide 
 46.25  systems government 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  disapproval shall must be governed by the provisions of 
 46.29  subdivision 5.  
 46.30     Subd. 5.  [DETERMINATION.] The commissioner shall must 
 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 commissioner shall must set 
 46.34  forth in detail reasons for the disapproval, and shall must 
 46.35  include a statement of belief as to what classification is 
 46.36  appropriate for the data which that is the subject of the 
 47.1   application.  Twenty days after the date of the commissioner's 
 47.2   disapproval of an application, the data which that is the 
 47.3   subject of the application shall become public data, unless the 
 47.4   responsible authority submits an amended application for 
 47.5   temporary classification which that requests the classification 
 47.6   deemed appropriate by the commissioner in the statement of 
 47.7   disapproval or which that sets forth additional information 
 47.8   relating to the original proposed classification.  Upon the 
 47.9   filing of an amended application, the data which that 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  commissioner shall must 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 data which is that are the subject of the 
 47.18  application shall become 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, it shall become becomes effective immediately, 
 47.22  and the complete record relating to the application shall must 
 47.23  be submitted to the attorney general, who shall must review the 
 47.24  classification as to form and legality.  Within 25 days, the 
 47.25  attorney general shall must 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  data which is that are the subject of the classification shall 
 47.30  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 commissioner shall must submit all temporary 
 47.35  classifications in effect on January 1 in bill form to the 
 47.36  legislature.  The A 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 a state agency, statewide system, or political 
 48.7   subdivision government entity, the commissioner may give a 
 48.8   written opinion on any a 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 of any a person who 
 48.12  disagrees with a determination regarding data practices made by 
 48.13  a state agency, statewide system, or political 
 48.14  subdivision government 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  commissioner shall must give the state agency, statewide system, 
 48.19  political 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 commissioner shall must 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.  The state agency, statewide system, or political 
 48.28  subdivision government entity must be provided a reasonable 
 48.29  opportunity to explain the reasons for its decision regarding 
 48.30  the data.  The commissioner or the state agency, statewide 
 48.31  system, or political subdivision government entity may choose to 
 48.32  give notice to the subject of the data concerning the dispute 
 48.33  regarding about 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 general shall 
 49.2   take takes 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 the state agency, 
 49.6   statewide system, or political subdivision government 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   commissioner shall must 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.  A state agency, statewide system, political 
 49.14  subdivision, 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.] A state agency, 
 49.19  statewide system, or political subdivision government entity may 
 49.20  submit not public private 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 a state agency, statewide system, or 
 49.24  political subdivision government 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 the state agency, statewide system, 
 49.27  or political subdivision submitting government entity.  If the 
 49.28  nature of the opinion is such that the release of the opinion 
 49.29  would reveal not public private 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  assist state and local government agencies entities in 
 50.12  developing training expertise within their own agencies and 
 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 entities such as state 
 50.21  agencies, 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, a political subdivision, responsible authority, 
 51.11  statewide system, or state agency which government entity that 
 51.12  violates any a provision of this chapter is liable to a person 
 51.13  or representative of a decedent who suffers any damage as a 
 51.14  result of the violation, and.  The person damaged or a 
 51.15  representative of the decedent in the case of private data on 
 51.16  decedents or confidential data on decedents may bring an action 
 51.17  against the political subdivision, responsible authority, 
 51.18  statewide system or state agency to cover government entity for 
 51.19  any damages sustained, plus costs and reasonable attorney fees.  
 51.20  In the case of a willful violation, the political subdivision, 
 51.21  statewide system or state agency shall government entity is, in 
 51.22  addition, be liable to for 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 waived any immunity to a cause of action brought 
 51.25  under this chapter. 
 51.26     Subd. 2.  [INJUNCTION.] A political subdivision, 
 51.27  responsible authority, statewide system or state agency 
 51.28  which government 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 judgment as may be necessary to prevent 
 51.31  the use or employment by any person of any practices which that 
 51.32  violate this chapter. 
 51.33     Subd. 3.  [VENUE.] An action filed pursuant to under this 
 51.34  section may be commenced in the county in which where the 
 51.35  individual alleging damage or seeking relief resides, or in the 
 51.36  county wherein where 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, any 
 52.4   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, but shall must 
 52.14  conduct its hearing in public and in a manner that protects the 
 52.15  security of data classified as not public private or 
 52.16  confidential. 
 52.17     Subd. 5.  [IMMUNITY FROM LIABILITY.] A state agency, 
 52.18  statewide system, political subdivision, government entity or a 
 52.19  person that releases not public private 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 action may arise arises as a result of the release 
 52.24  of data contained in a termination or personnel settlement 
 52.25  agreement if the data were not public private 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 of the a data subject, private data and confidential data 
 52.33  shall become, respectively, private data on decedents and 
 52.34  confidential data on decedents.  Private data on decedents and 
 52.35  confidential data on decedents shall become 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 
 53.12  shall must, in the case of private data on decedents or 
 53.13  confidential data on decedents upon the death of the data 
 53.14  subject, be exercised by the representative of the 
 53.15  decedent.  Nonpublic Private data concerning a decedent, created 
 53.16  or collected after death, are accessible by the representative 
 53.17  of the decedent.  Nothing in This section may be construed to 
 53.18  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 the state, 
 53.26  a state agency or a political subdivision shall be government 
 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; 
 53.30  provided that.  However, this section shall not be construed to 
 53.31  does not affect the applicability of any statute, other than 
 53.32  this chapter and section 15.17, which that specifically requires 
 53.33  or prohibits disclosure of specific information by the attorney, 
 53.34  nor shall does this section be construed to relieve any a 
 53.35  responsible authority, other than the attorney, from duties and 
 53.36  responsibilities pursuant to under 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 by state agencies, political subdivisions, 
 54.12  or statewide systems government 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 by any political subdivision, 
 54.18  state agency, or statewide system a 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, and shall 
 54.23  must not be disclosed except pursuant to by court order or to an 
 54.24  agent of the state agency, political subdivision, or statewide 
 54.25  system government entity, including appropriate law enforcement 
 54.26  personnel, who are acting 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 data on individuals that 
 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  institution which relates to a student. 
 54.36     Records Data of instructional personnel which that are in 
 55.1   the sole possession of the maker thereof and of 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 be are not government 
 55.5   data.  
 55.6      Records Data of a law enforcement unit of a public 
 55.7   educational agency or institution which that are maintained 
 55.8   apart from education educational data and, 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 education 
 55.12  records.  However, educational data maintained by the 
 55.13  educational agency or institution that are not disclosed 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. 
 55.21     Records relating to Data on a student who is employed by a 
 55.22  public educational agency or institution which are 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 purpose are classified pursuant 
 55.27  to 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 as nonpublic private data not on individuals, 
 56.14  except pursuant to court order.  Completed versions of 
 56.15  personnel, licensing, or academic examinations shall be are 
 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 authority shall must not be required to provide 
 56.21  copies of completed examinations or answer keys to any an 
 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 because that the state 
 56.30  agency or political subdivision contracts with the federal 
 56.31  agency are classified as either private or nonpublic depending 
 56.32  on whether the data are data on individuals or data not on 
 56.33  individuals.  
 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 firearms which are 
 57.3   collected by state agencies, political subdivisions or statewide 
 57.4   systems government entities pursuant to sections 624.712 to 
 57.5   624.719 are classified as private, pursuant to section 13.02, 
 57.6   subdivision 12 data 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 as nonpublic data with regard to data not on 
 57.11  individuals, pursuant to section 13.02, subdivision 9, and as 
 57.12  private data with regard to data on individuals, pursuant to 
 57.13  section 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, 
 57.20  provided except that specific labor relations information which 
 57.21  that relates to a specific labor organization is classified 
 57.22  as protected nonpublic confidential data pursuant to section 
 57.23  13.02, 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 
 57.31  state agency, political subdivision or statewide 
 57.32  system government entity. 
 57.33     Subd. 2.  [CIVIL ACTIONS.] (a) Except as provided in 
 57.34  paragraph (b), data collected by state agencies, political 
 57.35  subdivisions, or statewide systems government 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 as protected nonpublic confidential data 
 58.4   pursuant to section 13.02, subdivision 13, in the case of data 
 58.5   not on individuals and confidential pursuant to section 13.02, 
 58.6   subdivision 3, in the case of data on individuals.  Any agency, 
 58.7   political subdivision, or statewide system.  A government entity 
 58.8   may make any data classified as confidential or protected 
 58.9   nonpublic pursuant to this subdivision accessible to any person, 
 58.10  agency or the public if the agency, political subdivision, or 
 58.11  statewide system government 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 a state agency, statewide system, or political 
 58.16  subdivision government 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, any a 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 confidential or protected nonpublic under 
 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 data shall must be 
 58.25  disclosed, the court shall must 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 dispute shall must 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 as not public private or confidential data by this 
 58.35  chapter or other law.  Any Civil investigative data presented as 
 58.36  evidence in court or made part of a court record shall be are 
 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 the state agency, political subdivision, 
 59.4   or statewide system government entity or by the chief attorney 
 59.5   acting for the state agency, political subdivision, or statewide 
 59.6   system government 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 the state agency, political subdivision, statewide 
 59.14  system, 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 DATA OR PROTECTED NONPUBLIC 
 59.19  DATA.] 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 data on 
 59.24  individuals or protected nonpublic data until 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 by any state 
 60.4   agency, statewide system, or political subdivision a 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 by any state 
 60.11  agency, political subdivision, or statewide system a 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 a state 
 60.19  agency, statewide system, or political subdivision government 
 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 by any a licensing agency are classified as private, 
 60.32  pursuant to section 13.02, subdivision 12 data 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 by any a 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 the state agency, statewide system, 
 61.25  or political subdivision government entity that employs a 
 61.26  licensed peace officer. 
 61.27     The board may disseminate private data on applicants and 
 61.28  licensees as is necessary to administer law enforcement 
 61.29  licensure or to provide data under section 626.845, subdivision 
 61.30  1, to law enforcement agencies who are conducting 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 by any a licensing agency are 
 61.36  classified as confidential, pursuant to section 13.02, 
 62.1   subdivision 3:  active investigative data relating to the 
 62.2   investigation of complaints against any a 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 are classified as public, pursuant to section 13.02, 
 62.10  subdivision 15 data.  The entire record concerning the 
 62.11  disciplinary proceeding is public data pursuant to section 
 62.12  13.02, 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 are classified 
 62.19  as public 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 that a person an 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 the person individual is released by termination of 
 62.27  the person's individual's legal commitment, the directory 
 62.28  information is private data on individuals.  
 62.29     (b) If a person an 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 about If an emergency patient who 
 62.35  is unable to communicate which is public under 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 a state agency, statewide 
 63.14  system or political subdivision government 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 
 63.20  state agency, statewide system, or political 
 63.21  subdivision government 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 of any complaints 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 the public 
 64.2   body government entity; 
 64.3      (6) the terms of any an agreement settling any a 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; and 
 64.11     (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 other not public private 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 the state agency, statewide system, or political 
 64.20  subdivision government entity makes its final decision about the 
 64.21  disciplinary action, regardless of the possibility of any later 
 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 the state agency, statewide system, political 
 64.30  subdivision, government entity or arbitrator. 
 64.31     (c) The state agency, statewide system, or political 
 64.32  subdivision government entity may display a photograph of a 
 64.33  current or former employee to a prospective witness as part of 
 64.34  the state agency's, statewide system's, or political 
 64.35  subdivision's government entity's investigation of any a 
 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 a state agency, statewide system, or political 
 65.3   subdivision government 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 systems may be must 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 a state agency, statewide 
 65.31  system or political subdivision government 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  applicants shall be are 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 data is are 
 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 by any state agency, statewide system 
 66.12  or political subdivision a 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 data shall must 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 by any a 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 12 
 66.34  data on individuals.  This section shall does not be interpreted 
 66.35  to authorize 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 witness shall must be 
 67.10  available to the employee as may be necessary 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 by any a 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) A state agency, statewide 
 67.27  system, or political subdivision may government 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 a state agency, statewide 
 68.14  system, or political subdivision government 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 protect another a 
 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 agency shall must 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 to 
 69.14  section 13.02, subdivision 3 on 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 by state 
 69.22  agencies, political subdivisions or statewide systems government 
 69.23  entities, are classified as nonpublic pursuant to section 13.02, 
 69.24  subdivision 9 private 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 confidential or protected 
 74.18  nonpublic while 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 data shall must 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 data on 
 74.31  individuals pursuant to section 13.02, subdivision 3, or 
 74.32  protected nonpublic data not on individuals pursuant to section 
 74.33  13.02, subdivision 13, and shall must 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 subdivision shall be 
 75.4   classified as become 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 data on individuals under 
 76.10  section 13.02, subdivision 12, or nonpublic data under section 
 76.11  13.02, 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, 
 76.25  or protected nonpublic under 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 are not public private 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 agencies shall must 
 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 
 77.9   which 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 services shall must 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 auditor shall must be given access to all data, 
 77.19  records, and files classified as not public private or 
 77.20  confidential data.  The legislative auditor shall must 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 be is 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 authority shall must allow another 
 78.10  responsible authority in the welfare system access to data 
 78.11  classified as not public private 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 are classified as protected 
 78.20  nonpublic confidential 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 a state 
 78.26  agency, statewide system, or political subdivision government 
 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 data on 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.  [CONFIDENTIAL OR PROTECTED NONPUBLIC DATA.] 
 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 are classified 
 79.4   as confidential data on individuals or protected nonpublic data. 
 79.5      Subd. 2.  [PUBLIC DATA.] The data made confidential or 
 79.6   protected nonpublic by 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 are classified 
 79.20  as private, pursuant to section 13.02, subdivision 12, or 
 79.21  nonpublic depending on the content of the specific data:  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  private or nonpublic data pursuant to section 13.02, 
 79.30  subdivisions 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 individuals as defined in 
 80.10  section 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 
 80.16  nonpublic private 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 data pursuant to section 13.02, 
 80.24  subdivision 12 on 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 are classified as confidential data, 
 81.3   pursuant to section 13.02, subdivision 3 on 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 are classified as 
 81.13  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 are classified as 
 81.20  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.  [NONPUBLIC PRIVATE DATA.] (a) The following data 
 82.7   not on individuals maintained by the housing agency are 
 82.8   classified as nonpublic data, pursuant to section 13.02, 
 82.9   subdivision 9 private 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 data shall must 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 CLASSIFICATION PRIVATE 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  are classified as nonpublic private data pursuant to section 
 82.27  13.02, subdivision 9; or private data on individuals pursuant to 
 82.28  section 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 made not public private 
 83.5   by the provisions of subdivision 1 shall become 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 are classified as protected 
 83.21  nonpublic confidential 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 are nonpublic 
 83.34  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 are classified as 
 84.8   private, pursuant to section 13.02, subdivision 12 data 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 
 84.13  which that 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, are classified as 
 84.22  private data pursuant to section 13.02, subdivision 12 on 
 84.23  individuals:  the names and addresses of individuals and the 
 84.24  legal descriptions of property owned by individuals.  
 84.25     Subd. 2.  [NONPUBLIC PRIVATE 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, are classified as 
 84.29  nonpublic private data pursuant to section 13.02, subdivision 9 
 84.30  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; PRIVATE AND NONPUBLIC DATA.] 
 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 are classified as either private data in 
 85.6   regard to claims when the insured worker is living, or nonpublic 
 85.7   data in regard to claims when the insured worker is deceased on 
 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 are classified as nonpublic private 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.  [NONPUBLIC PRIVATE DATA.] The following 
 86.20  data that are submitted to the Two Harbors development 
 86.21  commission by businesses that are requesting financial 
 86.22  assistance are nonpublic private 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 remain nonpublic private 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.  [NONPUBLIC PRIVATE 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 are nonpublic private 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 remain nonpublic private 
 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 are classified as 
 87.22  confidential or protected nonpublic data 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 
 87.27  or protected nonpublic until 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 private or 
 88.5   nonpublic:  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 
 88.13  classified as private or nonpublic data:  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 
 88.20  protected nonpublic confidential 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  are classified as confidential, pursuant to section 13.02, 
 88.33  subdivision 3 data 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 are classified as public, pursuant 
 89.6   to section 13.02, subdivision 15 data.  
 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 are classified as 
 89.12  private, pursuant to section 13.02, subdivision 12 data 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 and persons 
 89.19  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 are classified as confidential, 
 89.25  pursuant to section 13.02, subdivision 3 data 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 are classified as public, pursuant to section 
 89.30  13.02, 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 are classified as nonpublic 
 90.2   private data pursuant to section 13.02, subdivision 9 not 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, except when 
 90.28  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.  [NONPUBLIC PRIVATE 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 are nonpublic private 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 
 91.12  nonpublic private 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.  [NONPUBLIC PRIVATE 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 as nonpublic private data as defined by 
 91.25  section 13.02, subdivision 9 not 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 are classified as protected nonpublic confidential data 
 91.34  not on individuals as 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 when that the data is 
 92.28  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 are classified as private 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 are classified as nonpublic private 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 are classified as nonpublic private 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  are classified as nonpublic private 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 are classified as nonpublic private 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 in clause (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 in clause (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 eligible persons individuals and enrollees of 
 94.4   the state comprehensive health insurance plan are classified as 
 94.5   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 eligible persons individuals 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, are nonpublic 
 94.25  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 
 94.36  nonpublic private 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 private pursuant to section 13.02, subdivision 
 95.7   12 data 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 as nonpublic data with regard to 
 95.16  data not on individuals, and private data with regard to data on 
 95.17  individuals private 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 as protected 
 95.23  nonpublic data with regard to data not on individuals, and 
 95.24  confidential data with 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 
 95.31  classified as confidential data or 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 are nonpublic private 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 are classified as private data 
 96.15  pursuant 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 
 96.26  classified as protected nonpublic confidential data with regard 
 96.27  to data not on individuals pursuant to section 13.02, 
 96.28  subdivision 13, and as confidential data on individuals with 
 96.29  regard to data on individuals pursuant to section 13.02, 
 96.30  subdivision 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 
 96.35  classified as protected nonpublic confidential data with regard 
 96.36  to data not on individuals, pursuant to section 13.02, 
 97.1   subdivision 13, and as confidential data on individuals pursuant 
 97.2   to 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 are classified as private data with regard to data on 
 97.16  individuals, and as nonpublic data with regard to data not on 
 97.17  individuals until 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 
 97.25  classified as nonpublic private 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 are classified as private data with regard to data on 
 97.35  individuals and as nonpublic data with regard to data not on 
 97.36  individuals. 
 98.1      Sec. 85.  Minnesota Statutes 1998, section 13.77, 
 98.2   subdivision 1, is amended to read:  
 98.3      Subdivision 1.  [NONPUBLIC PRIVATE 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, is classified as nonpublic private 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, is classified as nonpublic data if it is data not 
 98.20  on an individual and as private data if it is data on an 
 98.21  individual. 
 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 are classified as private 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.  [NONPUBLIC PRIVATE 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  are nonpublic private 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 lease shall must 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), are nonpublic 
 99.36  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 individuals which is collected, 
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, are classified as confidential data, pursuant 
100.11  to 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 confidential or 
100.23  protected nonpublic data 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.  Photographs which that are part of inactive investigative 
100.28  files and which that are clearly offensive to common 
100.29  sensibilities are classified as private or nonpublic data, 
100.30  provided except that the existence of the photographs shall must 
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 court shall 
101.7   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 data shall 
101.17  be 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 dispute shall must 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 that becomes become 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.] Data on in 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.] Any A law enforcement 
102.10  agency may make any data classified as confidential or protected 
102.11  nonpublic pursuant to subdivision 5 data 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 are classified as confidential 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 are classified 
102.27  as either private data on individuals or nonpublic data 
102.28  depending 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  are protected nonpublic data in the case of data not on 
102.36  individuals or confidential data in the case of data on 
103.1   individuals.  
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 in This 
103.5   chapter prohibits does not prohibit the exchange of information 
103.6   other than private or confidential personnel data by law 
103.7   enforcement agencies provided if the exchanged information is 
103.8   pertinent and necessary to the requesting agency in initiating, 
103.9   furthering, or completing an investigation, except not public 
103.10  personnel 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 data on individuals or 
103.16  protected nonpublic data; provided except 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 
103.26  is are confidential data or 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 private or 
103.34  nonpublic data.  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 confidential or protected 
104.4   nonpublic.  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 private or 
104.10  nonpublic data.  Nothing in This subdivision shall be construed 
104.11  to does not make not public private 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 of nonpublic, 
104.19  protected nonpublic, private or confidential medical examiner 
104.20  data.  The petitioner shall must 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 event shall must 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 TO NONPUBLIC PRIVATE DATA.] The data made 
104.30  nonpublic private 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 
105.2   nonpublic, protected nonpublic, private or confidential by this 
105.3   section shall be classified as become 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 private pursuant to section 
105.11  13.02, subdivision 12 data 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 source shall be is 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  are classified as private pursuant to section 13.02, subdivision 
106.11  12 data 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 and shall must 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 by agencies, political subdivisions and statewide 
107.4   systems government entities are classified as private, pursuant 
107.5   to section 13.02, subdivision 12 data 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 apprehension shall must 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 data classified as accessible 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 guidelines shall must provide that all files relating 
107.20  to a case in a community dispute resolution program are to be 
107.21  classified as private data on individuals, pursuant to section 
107.22  13.02, 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 are to be classified as public 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  are to be subject 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 is nonpublic data under section 13.02, subdivision 
107.35  9, or private data on individuals under 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 are classified as private data on 
108.14  individuals under section 13.02, subdivision 12, or nonpublic 
108.15  data under section 13.02, subdivision 9.  The commissioner or 
108.16  the attorney general may disclose not public data 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 general may must 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 general may must 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 private for data on individuals as provided in section 
109.11  13.02, subdivision 12, or nonpublic for data not on individuals 
109.12  as 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, shall must 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, which shall must 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, shall must 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 agency shall 
110.22  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 agency shall must 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 is nonpublic data 
110.35  trade secret information under chapter 13 section 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 accreditation shall must file 
111.7   with the commissioner in the form required by the commissioner.  
111.8   The request shall must contain properly certified evidence that 
111.9   the association meets the standards for accreditation and shall 
111.10  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  request shall must be established pursuant to chapter 14, and 
111.16  paid by the association when the request is filed.  
111.17     (2) The commissioner shall must 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 commissioner shall 
111.22  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 data on individuals or nonpublic data, as 
111.33  defined in section 13.02, subdivision 9 or 12. 
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 data with regard to data on 
112.26  individuals and as nonpublic data with regard to data not on 
112.27  individuals under 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  chapter shall be classified is private data or nonpublic data 
113.1   pursuant to chapter 13 as defined in section 13.02, subdivision 
113.2   12.  That classification shall must 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 are nonpublic data 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 private with respect to data on 
113.23  individuals and nonpublic with respect to data not on 
113.24  individuals data 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 confidential or protected nonpublic 
114.9   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 commissioner shall endeavor to must: 
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 state shall must 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 applicant shall must 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 private under the 
115.17  Minnesota Government Data Practices Act data 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 be given nonpublic classification classified 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 commissioner shall 
115.25  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 
116.5   shall must 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 are classified confidential or 
116.12  protected nonpublic for purposes of the Minnesota Government 
116.13  Data Practices Act data 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  private or nonpublic pursuant to the Minnesota Government Data 
116.23  Practices Act data 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 data on individuals or nonpublic data as 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, and shall must be maintained by the commissioner as 
117.8   nonpublic private data not on individuals as defined in section 
117.9   13.02, subdivision 9 12.  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 are nonpublic private 
117.21  data as defined in section 13.02, subdivision 9 12. 
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 
117.31  shall be considered nonpublic is 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 commissioner shall must 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 plans that identify 
118.13  individuals are private data as defined in section 13.02, 
118.14  subdivision 12.  Transition plans that do not identify 
118.15  individuals 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 data on individuals as defined in section 13.02, 
118.22  subdivision 12.  Data not on individuals are nonpublic data.  
118.23  The commissioner shall must 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, shall 
119.3   retain retains the classification designated under this section 
119.4   and shall must 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 data includes nonpublic 
119.10  include private data not on individuals. 
119.11     (e) Notwithstanding paragraph (a), the commissioner may 
119.12  publish nonpublic or private 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 commissioner may must not 
119.18  make public any patient identifying information except as 
119.19  specified in law.  The commissioner shall must 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 commissioner shall must 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  purchaser shall must 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 data shall must remain private or nonpublic during 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 
120.18  shall be are classified as private or nonpublic data, 
120.19  as applicable defined in section 13.02, subdivision 12, unless 
120.20  given a different classification in this subdivision.  Data 
120.21  classified as private or nonpublic under this subdivision may 
120.22  must only be released or disclosed only as 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 or nonpublic data not 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 institute shall retain the classification designated under 
120.31  this chapter and shall must 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   contractor shall be able to may provide the data with or without 
121.6   patient consent, and may must 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 participant shall must 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 data may must only be disclosed 
121.18  only as permitted under subdivision 3. 
121.19     (e) Industry participant identifying data which is not 
121.20  patient identifying data may must only be disclosed only by 
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 that is are not patient identifying data and not 
121.25  industry participant identifying data is are 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 that does do not identify patients or industry 
121.29  participants or identifies them only in connection with their 
121.30  involvement with the health data institute, is are 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 institute may must 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.  Such The 
122.5   draft analysis is private or nonpublic data, as applicable 
122.6   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 hearing 
122.11  shall be borne by The industry participant requesting the 
122.12  hearing is responsible for the cost of the hearing. 
122.13     (b) The health data institute shall must establish the 
122.14  hearing procedure in writing.  The hearing procedure shall must 
122.15  include the following: 
122.16     (1) the provision of reasonable notice of the health data 
122.17  institute's intention to make such the 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 to such the 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 private or 
123.2   nonpublic data. 
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 of not public private 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 provide not public private 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 retain retains 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 
123.31  nonpublic and private data, the health data institute may 
123.32  provide nonpublic and private 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 agency shall retain nonpublic or remains 
123.35  private classification, as applicable data. 
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 information shall be classified as are 
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 as are 
124.12  investigative data under section 13.39, except that inactive 
124.13  investigative data shall be classified as are 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 is nonpublic private 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 members shall must not have access to unaggregated 
124.32  data on individuals or health plan companies.  The 
124.33  association shall must 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  commerce shall must 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 are designated as private 
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 are designated as 
125.8   nonpublic private 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 section is intended to prohibit prohibits 
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, or in section 72A.12, subdivisions 3 and 4, shall must 
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 premiums shall must 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 
126.13  shall must 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 clause shall must 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 commissioner shall must 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 is nonpublic private 
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 committee shall must meet and shall advise 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 who may have has 
127.13  a conflict of interest in reviewing the financial data shall 
127.14  must not have access to the data nor participate in the 
127.15  discussions concerning the applicant.  Financial data received 
127.16  from the commissioner is nonpublic are private data not on 
127.17  individuals as defined in section 13.02, subdivision 12.  The 
127.18  committee shall must advise the commissioner if it has any 
127.19  information that any a 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 district shall must 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 is nonpublic private data not on individuals as defined 
128.16  in section 13.02, subdivision 9 12. 
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 are classified as nonpublic private 
129.13  data not on individuals as defined in section 13.02, subdivision 
129.14  9 12, 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 facility shall must 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 data on 
129.22  individuals as defined in section 13.02, subdivision 12, with 
129.23  regard to data on individuals, or nonpublic data as defined in 
129.24  section 13.02, subdivision 9, with regard to data not on 
129.25  individuals. 
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 4 is are 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 commissioner shall must classify the data as private 
129.36  or nonpublic data as defined in section 13.02.  Notwithstanding 
130.1   any other law to the contrary, data classified as private or 
130.2   nonpublic data 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 revenue shall be nonpublic or is 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  commissioner shall must classify the data as private or 
130.32  nonpublic data as defined in section 13.02.  Data classified as 
130.33  Private or nonpublic data 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 are nonpublic private data not on 
131.7   individuals under chapter 13 section 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 agency shall must 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  tests shall must 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 applicant shall must 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 is classified as nonpublic private data, 
131.29  pursuant to section 13.02, subdivision 9, or private data on 
131.30  individuals, pursuant to section 13.02, subdivision 12. 
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 1 is are 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 as nonpublic private data not on individuals 
132.5   as defined in section 13.02.  The agency may disclose data 
132.6   classified as nonpublic private 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 is nonpublic 
132.21  private data not on individuals under section 13.02, subdivision 
132.22  9. 
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 is classified as private data with regard to data 
132.27  on individuals under section 13.02, subdivision 12, or as 
132.28  nonpublic data with regard to data not on individuals under 
132.29  section 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 finance shall must review the financial condition of the 
133.11  proposed lessee or lessees of the project or projects, and any 
133.12  related person.  The commissioner shall must exercise due 
133.13  diligence in the review.  The commissioner shall must 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 
133.18  shall must 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, are nonpublic private data not on 
133.29  individuals, as defined in section 13.02, subdivision 9 12.  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 commissioner shall 
134.7   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 data with 
135.6   regard to data on individuals under section 13.02, subdivision 
135.7   12, or as nonpublic data with regard to data not on individuals 
135.8   under 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 commissioner shall must 
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 hospitals shall be classified as nonpublic are 
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; NONPUBLIC PRIVATE 
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 is nonpublic private 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 commissioner may must 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 commissioner shall must 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, the nonpublic private 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.  [NONPUBLIC PRIVATE AND CONFIDENTIAL DATA.] 
136.29  Data contained in a health directive are classified as protected 
136.30  nonpublic confidential data under 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  data shall have the classification accorded it is 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 are nonpublic private data 
137.25  not on individuals under section 13.02, subdivision 9 12.  
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 data on individuals or nonpublic data not on 
138.10  individuals, 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 data on individuals or nonpublic data as 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 are classified as confidential data or protected nonpublic 
138.25  data as 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 1 shall be is classified 
138.35  as nonpublic or private data as defined in section 13.02, 
138.36  subdivisions 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 secret shall be is classified as 
139.5   nonpublic or private data as defined in section 13.02, 
139.6   subdivisions 9 and 12.  Information classified as nonpublic or 
139.7   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 214.24 shall be are classified as investigative data 
139.17  under section 13.39 except that inactive investigative data 
139.18  shall be are classified as private data under section 13.02, 
139.19  subdivision 12, or nonpublic data under section 13.02, 
139.20  subdivision 9, in the case of data not on individuals. 
139.21     (b) Notwithstanding section 13.05, subdivision 9, data 
139.22  addressed in this subdivision shall must 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 which shall be are 
139.35  classified as private data under section 13.02, subdivision 12, 
139.36  or nonpublic data under section 13.02, subdivision 9, in the 
140.1   case of data not on individuals.  Data and agreements shall must 
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   as nonpublic private 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, is classified 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, 
140.23  with respect to data on individuals, and nonpublic data, with 
140.24  respect to data not on individuals under 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  data on individuals or nonpublic data by this subdivision to 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 commissioner shall must 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 statement shall must 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 statement shall must 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 statement shall must 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 
141.34  or nonpublic data 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   commissioner shall must 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 general shall must each designate a representative to 
142.9   the child mortality review panel.  Other panel members shall 
142.10  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 panel shall must 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 to not public private 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  commissioner shall must 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   subdivision shall must provide the data upon request of the 
143.8   commissioner.  Not public Private 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  is protected nonpublic or confidential 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, but shall must not disclose 
143.19  data that was classified as confidential data or private data on 
143.20  decedents, under section 13.10, or private, data on individuals 
143.21  or confidential, or protected nonpublic data 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 
143.31  protected nonpublic confidential data not on individuals as 
143.32  defined in section 13.02, subdivision 13 3, 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   panel shall must not be prevented from testifying about matters 
144.6   within the person's knowledge.  However, in a civil or criminal 
144.7   proceeding a person shall must 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 data on individuals or nonpublic 
144.15  data as defined in section 13.02, subdivision 9 or 12, 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 data on 
144.25  individuals or nonpublic data not on individuals as defined in 
144.26  section 13.02, subdivisions subdivision 9 and 12, 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 data on individuals and nonpublic data not on 
145.4   individuals as 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 data on 
145.15  individuals and nonpublic data not on individuals as 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 data on individuals and nonpublic data not on 
145.21  individuals as 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 on individual employers and 
145.26  nonpublic data not on individual employers for its internal use 
145.27  only; when received by the department of trade and economic 
145.28  development, the data remain private data on individuals or 
145.29  nonpublic 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, provided if 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   data on individuals and nonpublic data not on individuals as 
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 confidential as to data on 
146.15  individuals and protected nonpublic data not on individuals as 
146.16  defined in section 13.02, subdivisions subdivision 3 and 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  data on individuals and nonpublic data not on individuals as 
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 data on individuals or nonpublic data as 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 data on individuals or nonpublic data as defined in 
147.11  section 13.02, subdivisions 9 and subdivision 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 NONPUBLIC CONFIDENTIAL DATA.] The 
147.20  following are protected nonpublic confidential data as defined 
147.21  in section 13.02, subdivision 13 3: 
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 DATA ON INDIVIDUALS; PROTECTED 
147.29  NONPUBLIC 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 data on individuals or protected 
148.1   nonpublic data as defined in section 13.02, subdivisions 
148.2   subdivision 3 and 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  data on individuals or public data not on individuals, as 
148.14  defined in section 13.02, subdivisions subdivision 14 and 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 
148.21  classified as private data on individuals or nonpublic data as 
148.22  defined in section 13.02, subdivisions 9 and subdivision 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 as nonpublic data, protected 
148.29  nonpublic data, private data on individuals, or confidential 
148.30  data on individuals remain so classified. 
148.31     Subd. 6.  [CLIENT LISTS; THIRD-PARTY BULK FILERS.] Client 
148.32  lists required under section 290.92, subdivision 30, are 
148.33  classified as private data on individuals or nonpublic data, as 
148.34  defined in section 13.02, subdivisions 9 and subdivision 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 either shall must 
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.  Contract Contracts for 
149.9   deeds deed are subject to recording under section 507.235, 
149.10  subdivision 1.  Value shall must, 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 value shall must 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  certificate shall must 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 revenue shall must promulgate administrative 
149.22  rules specifying the financing terms and conditions which must 
149.23  be included on the certificate.  Pursuant to the authority of 
149.24  the commissioner of revenue in section 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 data on individuals or nonpublic data as defined in 
149.29  section 13.02, subdivisions 9 and subdivision 12, but, 
149.30  notwithstanding that section, the private or nonpublic data 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 collected is classified as are 
150.4   private or nonpublic data 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 data on individuals or nonpublic data, as defined in 
150.12  section 13.02, subdivision 9 or 12. 
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 department shall must:  
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 
151.2   nonpublic private data not on individuals within the meaning of 
151.3   section 13.02, subdivision 9 12. 
151.4      Sec. 173.  Minnesota Statutes 1998, section 299F.096, 
151.5   subdivision 1, is amended to read: 
151.6      Subdivision 1.  [NONPUBLIC PRIVATE 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 department shall must establish security 
151.10  procedures to prevent unauthorized use or disclosure 
151.11  of nonpublic private data not on individuals.  Nonpublic 
151.12  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  of nonpublic private 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 of nonpublic 
151.20  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 private or nonpublic data as 
151.35  defined in section 13.02.  Notwithstanding any other law to the 
151.36  contrary, data classified as private or nonpublic under 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 applicant shall must 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 employees shall must faithfully 
152.16  observe all of the laws of Minnesota and of the United States 
152.17  and shall must 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 applicant shall must 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 data on individuals or nonpublic 
153.17  data, 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 data on 
153.27  individuals or protected nonpublic data as 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 data on 
153.31  individuals or nonpublic data as 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 data on individuals 
154.8   or nonpublic data as 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 center shall must 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 are nonpublic private data under not on 
155.11  individuals, as defined in section 13.02, subdivision 9 12, 
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 designee shall must 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, which shall must 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 report shall must 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 examiner shall must 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 examiner shall must 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 examiner shall must 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  articles shall must 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 examiner shall 
156.31  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   court shall must 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 examiner shall must release all firearms of a deceased 
157.16  person to the law enforcement agency handling the investigation 
157.17  and shall cause to be destroyed must 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 examiner shall must 
157.22  inventory the property of the decedent and after six months may 
157.23  sell the property at a public auction.  The examiner shall must 
157.24  be allowed reasonable expenses for the care and sale of the 
157.25  property and shall must 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 examiner shall must establish a means of identifying 
157.29  the property of the decedent with the unknown decedent and shall 
157.30  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  receipts shall must be provided to the examiner, one of which 
157.35  shall must be filed with the court, the other of which shall 
157.36  must be retained in the office of the examiner.  If a 
158.1   representative shall must qualify within six years from the time 
158.2   of deposit, the county administrator, or a designee, shall must 
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 sale shall must 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, shall must 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 mother shall must 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 investigated shall must remain confidential or protected 
158.27  nonpublic data, 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 examiner shall must give 
158.32  approval for cremation and shall must 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, shall must 
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 
159.19  shall must 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  investigated shall must remain confidential or protected 
159.25  nonpublic data, 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, shall must 
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 examiner shall must 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 investigated shall must remain 
160.16  confidential or protected nonpublic data, 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 board shall 
160.23  determine determines. 
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.  It shall be is 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 interest shall must 
160.33  be carried into the tax becoming due and payable in January of 
160.34  the following year, and shall must 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, shall become delinquent 
161.2   and be subject 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 private or nonpublic data as 
161.15  defined in section 13.02, subdivision 9 or 12. 
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  data with regard to data on individuals as defined in section 
161.23  13.02, subdivision 12 and nonpublic data with regard to data not 
161.24  on 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 arena is are 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 data shall be is confidential 
161.36  data on individuals under section 13.02, subdivision 3, or 
162.1   protected nonpublic data under section 13.02, subdivision 13, as 
162.2   the 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 data shall be are private data on 
162.7   individuals under section 13.02, subdivision 12, or nonpublic 
162.8   data 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 which is are 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 which is are 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 be are 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), are nonpublic private data as defined in section 
164.3   13.02, subdivision 9 12. 
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 private or nonpublic data 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 is nonpublic data as defined in section 13.02, 
164.24  subdivision 9, or private data on individuals as 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 are classified as private data on individuals under 
165.15  section 13.02, subdivision 12, or nonpublic data under section 
165.16  13.02, 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 public Private data, as defined by section 13.02, 
165.30  subdivision 8a 12, 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 
166.1   shall must 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) No Members of a case consultation committee or 
166.5   subcommittee meeting shall must 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.