HF 225

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to government data; making technical, 
  1.3             conforming, and clarifying changes to the Minnesota 
  1.4             Government Data Practices Act; defining terms; 
  1.5             modifying certain civil penalty and damages amounts; 
  1.6             classifying and regulating access to, and 
  1.7             dissemination of, certain data; regulating certain 
  1.8             fees; providing for the conduct of certain board and 
  1.9             council meetings; modifying provisions regulating 
  1.10            motor vehicle and driver applications and records; 
  1.11            modifying vehicle accident reports and procedures; 
  1.12            providing for treatment of data held by the 
  1.13            comprehensive incident-based reporting system; 
  1.14            amending Minnesota Statutes 2004, sections 11A.24, 
  1.15            subdivision 6; 13.01, subdivisions 1, 3; 13.02, 
  1.16            subdivision 7; 13.03, subdivisions 1, 2, 3, 4, 5, 6, 
  1.17            8; 13.04, subdivisions 2, 4; 13.05, subdivisions 1, 4, 
  1.18            6, 7, 8, 9; 13.06, subdivisions 1, 2, 3, 4; 13.07; 
  1.19            13.072, subdivision 4; 13.073, subdivision 3; 13.08, 
  1.20            subdivisions 1, 2, 4, 5; 13.32, by adding a 
  1.21            subdivision; 13.37, subdivisions 1, 2, 3; 13.3805, by 
  1.22            adding a subdivision; 13.43, subdivisions 1, 2, 3; 
  1.23            13.46, subdivision 4; 13.591, by adding subdivisions; 
  1.24            13.601, by adding a subdivision; 13.635, by adding a 
  1.25            subdivision; 13.72, by adding subdivisions; 13.82, 
  1.26            subdivisions 1, 16; 16C.06, subdivision 5; 116J.68, by 
  1.27            adding a subdivision; 116L.03, by adding a 
  1.28            subdivision; 116L.665, by adding a subdivision; 
  1.29            116M.15, by adding a subdivision; 116U.25; 168.346; 
  1.30            168A.04, by adding a subdivision; 169.09, subdivisions 
  1.31            1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 14, 15, by adding 
  1.32            subdivisions; 171.07, subdivisions 1, 3; 171.12, 
  1.33            subdivision 7; proposing coding for new law in 
  1.34            Minnesota Statutes, chapters 41A; 299C; repealing 
  1.35            Minnesota Statutes 2004, sections 13.04, subdivision 
  1.36            5; 169.09, subdivision 10; 170.55. 
  1.37  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.38     Section 1.  Minnesota Statutes 2004, section 11A.24, 
  1.39  subdivision 6, is amended to read: 
  1.40     Subd. 6.  [OTHER INVESTMENTS.] (a) In addition to the 
  1.41  investments authorized in subdivisions 1 to 5, and subject to 
  2.1   the provisions in paragraph (b), the state board may invest 
  2.2   funds in:  
  2.3      (1) venture capital investment businesses through 
  2.4   participation in limited partnerships, trusts, private 
  2.5   placements, limited liability corporations, limited liability 
  2.6   companies, limited liability partnerships, and corporations; 
  2.7      (2) real estate ownership interests or loans secured by 
  2.8   mortgages or deeds of trust or shares of real estate investment 
  2.9   trusts through investment in limited partnerships, bank 
  2.10  sponsored collective funds, trusts, mortgage participation 
  2.11  agreements, and insurance company commingled accounts, including 
  2.12  separate accounts; 
  2.13     (3) regional and mutual funds through bank sponsored 
  2.14  collective funds and open-end investment companies registered 
  2.15  under the Federal Investment Company Act of 1940, and closed-end 
  2.16  mutual funds listed on an exchange regulated by a governmental 
  2.17  agency; 
  2.18     (4) resource investments through limited partnerships, 
  2.19  trusts, private placements, limited liability corporations, 
  2.20  limited liability companies, limited liability partnerships, and 
  2.21  corporations; and 
  2.22     (5) international securities. 
  2.23     (b) The investments authorized in paragraph (a) must 
  2.24  conform to the following provisions:  
  2.25     (1) the aggregate value of all investments made according 
  2.26  to paragraph (a), clauses (1) to (4), may not exceed 35 percent 
  2.27  of the market value of the fund for which the state board is 
  2.28  investing; 
  2.29     (2) there must be at least four unrelated owners of the 
  2.30  investment other than the state board for investments made under 
  2.31  paragraph (a), clause (1), (2), (3), or (4); 
  2.32     (3) state board participation in an investment vehicle is 
  2.33  limited to 20 percent thereof for investments made under 
  2.34  paragraph (a), clause (1), (2), (3), or (4); and 
  2.35     (4) state board participation in a limited partnership does 
  2.36  not include a general partnership interest or other interest 
  3.1   involving general liability.  The state board may not engage in 
  3.2   any activity as a limited partner which creates general 
  3.3   liability.  
  3.4      (c) All financial or proprietary data received, prepared, 
  3.5   used, or retained by the state board in connection with 
  3.6   investments authorized by paragraph (a), clause (1), (2), or 
  3.7   (4), are nonpublic data under section 13.02, subdivision 9.  As 
  3.8   used in this paragraph, "financial or proprietary data" means 
  3.9   information, as determined by the executive director, that is of 
  3.10  a financial or proprietary nature; and the release of which 
  3.11  could cause competitive harm to the state board, the legal 
  3.12  entity in which the state board has invested or has considered 
  3.13  an investment, the managing entity of an investment, or a 
  3.14  portfolio company in which the legal entity holds an interest.  
  3.15  Regardless of whether they could be considered financial or 
  3.16  proprietary data, the following data received, prepared, used, 
  3.17  or retained by the state board in connection with investments 
  3.18  authorized by paragraph (a), clause (1), (2), or (4), are public 
  3.19  at all times: 
  3.20     (1) the name and industry group classification of the legal 
  3.21  entity in which the state board has invested or in which the 
  3.22  state board has considered an investment; 
  3.23     (2) the state board commitment amount, if any; 
  3.24     (3) the funded amount of the state board's commitment to 
  3.25  date, if any; 
  3.26     (4) the market value of the investment by the state board; 
  3.27     (5) the state board's internal rate of return for the 
  3.28  investment, including expenditures and receipts used in the 
  3.29  calculation of the investment's internal rate of return; and 
  3.30     (6) the age of the investment in years. 
  3.31     [EFFECTIVE DATE.] This section is effective the day 
  3.32  following final enactment. 
  3.33     Sec. 2.  Minnesota Statutes 2004, section 13.01, 
  3.34  subdivision 1, is amended to read: 
  3.35     Subdivision 1.  [APPLICABILITY.] All state agencies, 
  3.36  political subdivisions and statewide systems government entities 
  4.1   shall be governed by this chapter.  
  4.2      Sec. 3.  Minnesota Statutes 2004, section 13.01, 
  4.3   subdivision 3, is amended to read: 
  4.4      Subd. 3.  [SCOPE.] This chapter regulates the collection, 
  4.5   creation, storage, maintenance, dissemination, and access to 
  4.6   government data in state agencies, statewide systems, and 
  4.7   political subdivisions government entities.  It establishes a 
  4.8   presumption that government data are public and are accessible 
  4.9   by the public for both inspection and copying unless there is 
  4.10  federal law, a state statute, or a temporary classification of 
  4.11  data that provides that certain data are not public. 
  4.12     Sec. 4.  Minnesota Statutes 2004, section 13.02, 
  4.13  subdivision 7, is amended to read: 
  4.14     Subd. 7.  [GOVERNMENT DATA.] "Government data" means all 
  4.15  data collected, created, received, maintained or disseminated by 
  4.16  any state agency, political subdivision, or statewide 
  4.17  system government entity regardless of its physical form, 
  4.18  storage media or conditions of use.  
  4.19     Sec. 5.  Minnesota Statutes 2004, section 13.03, 
  4.20  subdivision 1, is amended to read: 
  4.21     Subdivision 1.  [PUBLIC DATA.] All government data 
  4.22  collected, created, received, maintained or disseminated by a 
  4.23  state agency, political subdivision, or statewide 
  4.24  system government entity shall be public unless classified by 
  4.25  statute, or temporary classification pursuant to section 13.06, 
  4.26  or federal law, as nonpublic or protected nonpublic, or with 
  4.27  respect to data on individuals, as private or confidential. The 
  4.28  responsible authority in every state agency, political 
  4.29  subdivision and statewide system government entity shall keep 
  4.30  records containing government data in such an arrangement and 
  4.31  condition as to make them easily accessible for convenient use.  
  4.32  Photographic, photostatic, microphotographic, or microfilmed 
  4.33  records shall be considered as accessible for convenient use 
  4.34  regardless of the size of such records. 
  4.35     Sec. 6.  Minnesota Statutes 2004, section 13.03, 
  4.36  subdivision 2, is amended to read: 
  5.1      Subd. 2.  [PROCEDURES.] (a) The responsible authority in 
  5.2   every state agency, political subdivision, and statewide 
  5.3   system government entity shall establish procedures, consistent 
  5.4   with this chapter, to insure that requests for government data 
  5.5   are received and complied with in an appropriate and prompt 
  5.6   manner. 
  5.7      (b) The responsible authority shall prepare public access 
  5.8   procedures in written form and update them no later than August 
  5.9   1 of each year as necessary to reflect any changes in personnel 
  5.10  or circumstances that might affect public access to government 
  5.11  data.  The responsible authority shall make copies of the 
  5.12  written public access procedures easily available to the public 
  5.13  by distributing free copies of the procedures to the public or 
  5.14  by posting a copy of the procedures in a conspicuous place 
  5.15  within the government entity that is easily accessible to the 
  5.16  public. 
  5.17     (c) Full convenience and comprehensive accessibility shall 
  5.18  be allowed to researchers including historians, genealogists and 
  5.19  other scholars to carry out extensive research and complete 
  5.20  copying of all records containing government data except as 
  5.21  otherwise expressly provided by law. 
  5.22     A responsible authority may designate one or more designees.
  5.23     Sec. 7.  Minnesota Statutes 2004, section 13.03, 
  5.24  subdivision 3, is amended to read: 
  5.25     Subd. 3.  [REQUEST FOR ACCESS TO DATA.] (a) Upon request to 
  5.26  a responsible authority or designee, a person shall be permitted 
  5.27  to inspect and copy public government data at reasonable times 
  5.28  and places, and, upon request, shall be informed of the data's 
  5.29  meaning.  If a person requests access for the purpose of 
  5.30  inspection, the responsible authority may not assess a charge or 
  5.31  require the requesting person to pay a fee to inspect data.  
  5.32     (b) For purposes of this section, "inspection" includes, 
  5.33  but is not limited to, the visual inspection of paper and 
  5.34  similar types of government data.  Inspection does not include 
  5.35  printing copies by the government entity, unless printing a copy 
  5.36  is the only method to provide for inspection of the data.  In 
  6.1   the case of data stored in electronic form and made available in 
  6.2   electronic form on a remote access basis to the public by the 
  6.3   government entity, inspection includes remote access to the data 
  6.4   by the public and the ability to print copies of or download the 
  6.5   data on the public's own computer equipment.  Nothing in this 
  6.6   section prohibits a government entity from charging a reasonable 
  6.7   fee for remote access to data under a specific statutory grant 
  6.8   of authority.  A government entity may charge a fee for remote 
  6.9   access to data where either the data or the access is enhanced 
  6.10  at the request of the person seeking access. 
  6.11     (c) The responsible authority or designee shall provide 
  6.12  copies of public data upon request.  If a person requests copies 
  6.13  or electronic transmittal of the data to the person, the 
  6.14  responsible authority may require the requesting person to pay 
  6.15  the actual costs of searching for and retrieving government 
  6.16  data, including the cost of employee time, and for making, 
  6.17  certifying, compiling, and electronically transmitting the 
  6.18  copies of the data or the data, but may not charge for 
  6.19  separating public from not public data.  However, if copies of 
  6.20  100 or fewer black and white, letter- or legal-size pages are 
  6.21  requested, actual costs shall not be used, and instead the 
  6.22  responsible authority may charge up to 25 cents for each page 
  6.23  copied.  If the responsible authority or designee is not able to 
  6.24  provide copies at the time a request is made, copies shall be 
  6.25  supplied as soon as reasonably possible. 
  6.26     (d) When a request under this subdivision involves any 
  6.27  person's receipt of copies of public government data that has 
  6.28  commercial value and is a substantial and discrete portion of or 
  6.29  an entire formula, pattern, compilation, program, device, 
  6.30  method, technique, process, database, or system developed with a 
  6.31  significant expenditure of public funds by the agency government 
  6.32  entity, the responsible authority may charge a reasonable fee 
  6.33  for the information in addition to the costs of making, 
  6.34  certifying, and compiling the copies.  Any fee charged must be 
  6.35  clearly demonstrated by the agency government entity to relate 
  6.36  to the actual development costs of the information.  The 
  7.1   responsible authority, upon the request of any person, shall 
  7.2   provide sufficient documentation to explain and justify the fee 
  7.3   being charged.  
  7.4      (e) The responsible authority of a state agency, statewide 
  7.5   system, or political subdivision government entity that 
  7.6   maintains public government data in a computer storage medium 
  7.7   shall provide to any person making a request under this section 
  7.8   a copy of any public data contained in that medium, in 
  7.9   electronic form, if the government entity can reasonably make 
  7.10  the copy or have a copy made.  This does not require a 
  7.11  government entity to provide the data in an electronic format or 
  7.12  program that is different from the format or program in which 
  7.13  the data are maintained by the government entity.  The entity 
  7.14  may require the requesting person to pay the actual cost of 
  7.15  providing the copy.  
  7.16     (f) If the responsible authority or designee determines 
  7.17  that the requested data is classified so as to deny the 
  7.18  requesting person access, the responsible authority or designee 
  7.19  shall inform the requesting person of the determination either 
  7.20  orally at the time of the request, or in writing as soon after 
  7.21  that time as possible, and shall cite the specific statutory 
  7.22  section, temporary classification, or specific provision of 
  7.23  federal law on which the determination is based.  Upon the 
  7.24  request of any person denied access to data, the responsible 
  7.25  authority or designee shall certify in writing that the request 
  7.26  has been denied and cite the specific statutory section, 
  7.27  temporary classification, or specific provision of federal law 
  7.28  upon which the denial was based.  
  7.29     Sec. 8.  Minnesota Statutes 2004, section 13.03, 
  7.30  subdivision 4, is amended to read: 
  7.31     Subd. 4.  [CHANGE IN CLASSIFICATION OF DATA; EFFECT OF 
  7.32  DISSEMINATION AMONG AGENCIES.] (a) The classification of data in 
  7.33  the possession of an agency entity shall change if it is 
  7.34  required to do so to comply with either judicial or 
  7.35  administrative rules pertaining to the conduct of legal actions 
  7.36  or with a specific statute applicable to the data in the 
  8.1   possession of the disseminating or receiving agency entity. 
  8.2      (b) If data on individuals is classified as both private 
  8.3   and confidential by this chapter, or any other statute or 
  8.4   federal law, the data is private.  
  8.5      (c) To the extent that government data is disseminated to 
  8.6   state agencies, political subdivisions, or statewide systems a 
  8.7   government entity by another state agency, political 
  8.8   subdivision, or statewide system government entity, the data 
  8.9   disseminated shall have the same classification in the hands of 
  8.10  the agency entity receiving it as it had in the hands of the 
  8.11  entity providing it. 
  8.12     (d) If a state agency, statewide system, or political 
  8.13  subdivision government entity disseminates data to another state 
  8.14  agency, statewide system, or political subdivision government 
  8.15  entity, a classification provided for by law in the hands of the 
  8.16  entity receiving the data does not affect the classification of 
  8.17  the data in the hands of the entity that disseminates the data. 
  8.18     Sec. 9.  Minnesota Statutes 2004, section 13.03, 
  8.19  subdivision 5, is amended to read: 
  8.20     Subd. 5.  [COPYRIGHT OR PATENT OF GOVERNMENT DATA.] A state 
  8.21  agency, statewide system, or political subdivision government 
  8.22  entity may enforce a copyright or acquire a patent for a 
  8.23  computer software program or components of a program created by 
  8.24  that government agency entity without statutory authority.  In 
  8.25  the event that a government agency entity acquires a patent to a 
  8.26  computer software program or component of a program, the data 
  8.27  shall be treated as trade secret information pursuant to section 
  8.28  13.37. 
  8.29     Sec. 10.  Minnesota Statutes 2004, section 13.03, 
  8.30  subdivision 6, is amended to read: 
  8.31     Subd. 6.  [DISCOVERABILITY OF NOT PUBLIC DATA.] If a state 
  8.32  agency, political subdivision, or statewide system government 
  8.33  entity opposes discovery of government data or release of data 
  8.34  pursuant to court order on the grounds that the data are 
  8.35  classified as not public, the party that seeks access to the 
  8.36  data may bring before the appropriate presiding judicial 
  9.1   officer, arbitrator, or administrative law judge an action to 
  9.2   compel discovery or an action in the nature of an action to 
  9.3   compel discovery.  
  9.4      The presiding officer shall first decide whether the data 
  9.5   are discoverable or releasable pursuant to the rules of evidence 
  9.6   and of criminal, civil, or administrative procedure appropriate 
  9.7   to the action.  
  9.8      If the data are discoverable the presiding officer shall 
  9.9   decide whether the benefit to the party seeking access to the 
  9.10  data outweighs any harm to the confidentiality interests of the 
  9.11  agency entity maintaining the data, or of any person who has 
  9.12  provided the data or who is the subject of the data, or to the 
  9.13  privacy interest of an individual identified in the data.  In 
  9.14  making the decision, the presiding officer shall consider 
  9.15  whether notice to the subject of the data is warranted and, if 
  9.16  warranted, what type of notice must be given.  The presiding 
  9.17  officer may fashion and issue any protective orders necessary to 
  9.18  assure proper handling of the data by the parties.  If the data 
  9.19  are a videotape of a child victim or alleged victim alleging, 
  9.20  explaining, denying, or describing an act of physical or sexual 
  9.21  abuse, the presiding officer shall consider the provisions of 
  9.22  section 611A.90, subdivision 2, paragraph (b).  
  9.23     Sec. 11.  Minnesota Statutes 2004, section 13.03, 
  9.24  subdivision 8, is amended to read: 
  9.25     Subd. 8.  [CHANGE TO CLASSIFICATION OF DATA NOT ON 
  9.26  INDIVIDUALS.] Except for security information, nonpublic and 
  9.27  protected nonpublic data shall become public either ten years 
  9.28  after the creation of the data by the government agency entity 
  9.29  or ten years after the data was received or collected by any 
  9.30  governmental agency entity unless the responsible authority for 
  9.31  the originating or custodial agency entity for the data 
  9.32  reasonably determines that, if the data were made available to 
  9.33  the public or to the data subject, the harm to the public or to 
  9.34  a data subject would outweigh the benefit to the public or to 
  9.35  the data subject.  If the responsible authority denies access to 
  9.36  the data, the person denied access may challenge the denial by 
 10.1   bringing an action in district court seeking release of the 
 10.2   data.  The action shall be brought in the district court located 
 10.3   in the county where the data are being maintained, or, in the 
 10.4   case of data maintained by a state agency, in any county.  The 
 10.5   data in dispute shall be examined by the court in camera.  In 
 10.6   deciding whether or not to release the data, the court shall 
 10.7   consider the benefits and harms in the same manner as set forth 
 10.8   above.  The court shall make a written statement of findings in 
 10.9   support of its decision.  
 10.10     Sec. 12.  Minnesota Statutes 2004, section 13.04, 
 10.11  subdivision 2, is amended to read: 
 10.12     Subd. 2.  [INFORMATION REQUIRED TO BE GIVEN INDIVIDUAL.] An 
 10.13  individual asked to supply private or confidential data 
 10.14  concerning the individual shall be informed of:  (a) the purpose 
 10.15  and intended use of the requested data within the collecting 
 10.16  state agency, political subdivision, or statewide 
 10.17  system government entity; (b) whether the individual may refuse 
 10.18  or is legally required to supply the requested data; (c) any 
 10.19  known consequence arising from supplying or refusing to supply 
 10.20  private or confidential data; and (d) the identity of other 
 10.21  persons or entities authorized by state or federal law to 
 10.22  receive the data.  This requirement shall not apply when an 
 10.23  individual is asked to supply investigative data, pursuant to 
 10.24  section 13.82, subdivision 7, to a law enforcement officer. 
 10.25     Sec. 13.  Minnesota Statutes 2004, section 13.04, 
 10.26  subdivision 4, is amended to read: 
 10.27     Subd. 4.  [PROCEDURE WHEN DATA IS NOT ACCURATE OR 
 10.28  COMPLETE.] (a) An individual subject of the data may contest the 
 10.29  accuracy or completeness of public or private data.  To exercise 
 10.30  this right, an individual shall notify in writing the 
 10.31  responsible authority describing the nature of the 
 10.32  disagreement.  The responsible authority shall within 30 days 
 10.33  either:  (1) correct the data found to be inaccurate or 
 10.34  incomplete and attempt to notify past recipients of inaccurate 
 10.35  or incomplete data, including recipients named by the 
 10.36  individual; or (2) notify the individual that the authority 
 11.1   believes the data to be correct.  Data in dispute shall be 
 11.2   disclosed only if the individual's statement of disagreement is 
 11.3   included with the disclosed data. 
 11.4      The determination of the responsible authority may be 
 11.5   appealed pursuant to the provisions of the Administrative 
 11.6   Procedure Act relating to contested cases.  Upon receipt of an 
 11.7   appeal by an individual, the commissioner shall, before issuing 
 11.8   the order and notice of a contested case hearing required by 
 11.9   chapter 14, try to resolve the dispute through education, 
 11.10  conference, conciliation, or persuasion.  If the parties 
 11.11  consent, the commissioner may refer the matter to mediation.  
 11.12  Following these efforts, the commissioner shall dismiss the 
 11.13  appeal or issue the order and notice of hearing. 
 11.14     (b) Data on individuals that have been successfully 
 11.15  challenged by an individual must be completed, corrected, or 
 11.16  destroyed by a state agency, political subdivision, or statewide 
 11.17  system without regard to the requirements of section 138.17. 
 11.18     After completing, correcting, or destroying successfully 
 11.19  challenged data, a state agency, political subdivision, or 
 11.20  statewide system government entity may retain a copy of the 
 11.21  commissioner of administration's order issued under chapter 14 
 11.22  or, if no order were issued, a summary of the dispute between 
 11.23  the parties that does not contain any particulars of the 
 11.24  successfully challenged data. 
 11.25     Sec. 14.  Minnesota Statutes 2004, section 13.05, 
 11.26  subdivision 1, is amended to read: 
 11.27     Subdivision 1.  [PUBLIC DOCUMENT OF DATA CATEGORIES.] The 
 11.28  responsible authority shall prepare a public document containing 
 11.29  the authority's name, title and address, and a description of 
 11.30  each category of record, file, or process relating to private or 
 11.31  confidential data on individuals maintained by the 
 11.32  authority's state agency, statewide system, or political 
 11.33  subdivision government entity.  Forms used to collect private 
 11.34  and confidential data shall be included in the public document.  
 11.35  Beginning August 1, 1977 and annually thereafter, the 
 11.36  responsible authority shall update the public document and make 
 12.1   any changes necessary to maintain the accuracy of the document.  
 12.2   The document shall be available from the responsible authority 
 12.3   to the public in accordance with the provisions of sections 
 12.4   13.03 and 15.17. 
 12.5      Sec. 15.  Minnesota Statutes 2004, section 13.05, 
 12.6   subdivision 4, is amended to read: 
 12.7      Subd. 4.  [LIMITATIONS ON COLLECTION AND USE OF DATA.] 
 12.8   Private or confidential data on an individual shall not be 
 12.9   collected, stored, used, or disseminated by political 
 12.10  subdivisions, statewide systems, or state agencies government 
 12.11  entities for any purposes other than those stated to the 
 12.12  individual at the time of collection in accordance with section 
 12.13  13.04, except as provided in this subdivision. 
 12.14     (a) Data collected prior to August 1, 1975, and which have 
 12.15  not been treated as public data, may be used, stored, and 
 12.16  disseminated for the purposes for which the data was originally 
 12.17  collected or for purposes which are specifically approved by the 
 12.18  commissioner as necessary to public health, safety, or welfare. 
 12.19     (b) Private or confidential data may be used and 
 12.20  disseminated to individuals or agencies entities specifically 
 12.21  authorized access to that data by state, local, or federal law 
 12.22  enacted or promulgated after the collection of the data. 
 12.23     (c) Private or confidential data may be used and 
 12.24  disseminated to individuals or agencies entities subsequent to 
 12.25  the collection of the data when the responsible authority 
 12.26  maintaining the data has requested approval for a new or 
 12.27  different use or dissemination of the data and that request has 
 12.28  been specifically approved by the commissioner as necessary to 
 12.29  carry out a function assigned by law. 
 12.30     (d) Private data may be used by and disseminated to any 
 12.31  person or agency entity if the individual subject or subjects of 
 12.32  the data have given their informed consent.  Whether a data 
 12.33  subject has given informed consent shall be determined by rules 
 12.34  of the commissioner.  The format for informed consent is as 
 12.35  follows, unless otherwise prescribed by the HIPAA, Standards for 
 12.36  Privacy of Individually Identifiable Health Information, 65 Fed. 
 13.1   Reg. 82, 461 (2000) (to be codified as Code of Federal 
 13.2   Regulations, title 45, section 164):  informed consent shall not 
 13.3   be deemed to have been given by an individual subject of the 
 13.4   data by the signing of any statement authorizing any person 
 13.5   or agency entity to disclose information about the individual to 
 13.6   an insurer or its authorized representative, unless the 
 13.7   statement is: 
 13.8      (1) in plain language; 
 13.9      (2) dated; 
 13.10     (3) specific in designating the particular persons or 
 13.11  agencies the data subject is authorizing to disclose information 
 13.12  about the data subject; 
 13.13     (4) specific as to the nature of the information the 
 13.14  subject is authorizing to be disclosed; 
 13.15     (5) specific as to the persons or agencies entities to whom 
 13.16  the subject is authorizing information to be disclosed; 
 13.17     (6) specific as to the purpose or purposes for which the 
 13.18  information may be used by any of the parties named in clause 
 13.19  (5), both at the time of the disclosure and at any time in the 
 13.20  future; 
 13.21     (7) specific as to its expiration date which should be 
 13.22  within a reasonable period of time, not to exceed one year 
 13.23  except in the case of authorizations given in connection with 
 13.24  applications for (i) life insurance or noncancelable or 
 13.25  guaranteed renewable health insurance and identified as such, 
 13.26  two years after the date of the policy or (ii) medical 
 13.27  assistance under chapter 256B or MinnesotaCare under chapter 
 13.28  256L, which shall be ongoing during all terms of eligibility, 
 13.29  for individual education plan health-related services provided 
 13.30  by a school district under section 125A.21, subdivision 2. 
 13.31     The responsible authority may require a person requesting 
 13.32  copies of data under this paragraph to pay the actual costs of 
 13.33  making, certifying, and compiling the copies. 
 13.34     (e) Private or confidential data on an individual may be 
 13.35  discussed at a meeting open to the public to the extent provided 
 13.36  in section 13D.05. 
 14.1      Sec. 16.  Minnesota Statutes 2004, section 13.05, 
 14.2   subdivision 6, is amended to read: 
 14.3      Subd. 6.  [CONTRACTS.] Except as provided in section 13.46, 
 14.4   subdivision 5, in any contract between a governmental 
 14.5   unit government entity subject to this chapter and any person, 
 14.6   when the contract requires that data on individuals be made 
 14.7   available to the contracting parties by the governmental unit 
 14.8   government entity, that data shall be administered consistent 
 14.9   with this chapter.  A contracting party shall maintain the data 
 14.10  on individuals which it received according to the statutory 
 14.11  provisions applicable to the data. 
 14.12     Sec. 17.  Minnesota Statutes 2004, section 13.05, 
 14.13  subdivision 7, is amended to read: 
 14.14     Subd. 7.  [PREPARATION OF SUMMARY DATA.] The use of summary 
 14.15  data derived from private or confidential data on individuals 
 14.16  under the jurisdiction of one or more responsible authorities is 
 14.17  permitted.  Unless classified pursuant to section 13.06, another 
 14.18  statute, or federal law, summary data is public.  The 
 14.19  responsible authority shall prepare summary data from private or 
 14.20  confidential data on individuals upon the request of any person 
 14.21  if the request is in writing and the cost of preparing the 
 14.22  summary data is borne by the requesting person.  The responsible 
 14.23  authority may delegate the power to prepare summary data (1) to 
 14.24  the administrative officer responsible for any central 
 14.25  repository of summary data; or (2) to a person outside of its 
 14.26  agency the entity if the person's purpose is set forth, in 
 14.27  writing, and the person agrees not to disclose, and the 
 14.28  agency entity reasonably determines that the access will not 
 14.29  compromise private or confidential data on individuals. 
 14.30     Sec. 18.  Minnesota Statutes 2004, section 13.05, 
 14.31  subdivision 8, is amended to read: 
 14.32     Subd. 8.  [PUBLICATION OF ACCESS PROCEDURES.] The 
 14.33  responsible authority shall prepare a public document setting 
 14.34  forth in writing the rights of the data subject pursuant to 
 14.35  section 13.04 and the specific procedures in effect in the state 
 14.36  agency, statewide system or political subdivision government 
 15.1   entity for access by the data subject to public or private data 
 15.2   on individuals.  
 15.3      Sec. 19.  Minnesota Statutes 2004, section 13.05, 
 15.4   subdivision 9, is amended to read: 
 15.5      Subd. 9.  [INTERGOVERNMENTAL ACCESS OF DATA.] A responsible 
 15.6   authority shall allow another responsible authority access to 
 15.7   data classified as not public only when the access is authorized 
 15.8   or required by statute or federal law.  An agency entity that 
 15.9   supplies government data under this subdivision may require the 
 15.10  requesting agency entity to pay the actual cost of supplying the 
 15.11  data.  
 15.12     Sec. 20.  Minnesota Statutes 2004, section 13.06, 
 15.13  subdivision 1, is amended to read: 
 15.14     Subdivision 1.  [APPLICATION TO COMMISSIONER.] 
 15.15  Notwithstanding the provisions of section 13.03, the responsible 
 15.16  authority of a state agency, political subdivision, or statewide 
 15.17  system government entity may apply to the commissioner for 
 15.18  permission to classify data or types of data on individuals as 
 15.19  private or confidential, or data not on individuals as nonpublic 
 15.20  or protected nonpublic, for its own use and for the use of other 
 15.21  similar agencies, political subdivisions, or statewide 
 15.22  systems government entities on a temporary basis until a 
 15.23  proposed statute can be acted upon by the legislature.  The 
 15.24  application for temporary classification is public. 
 15.25     Upon the filing of an application for temporary 
 15.26  classification, the data which is the subject of the application 
 15.27  shall be deemed to be classified as set forth in the application 
 15.28  for a period of 45 days, or until the application is 
 15.29  disapproved, rejected, or granted by the commissioner, whichever 
 15.30  is earlier. 
 15.31     If the commissioner determines that an application has been 
 15.32  submitted for purposes not consistent with this section, the 
 15.33  commissioner may immediately reject the application, give notice 
 15.34  of that rejection to the applicant, and return the application. 
 15.35  When the applicant receives the notice of rejection from the 
 15.36  commissioner, the data which was the subject of the application 
 16.1   shall have the classification it had before the application was 
 16.2   submitted to the commissioner.  
 16.3      Sec. 21.  Minnesota Statutes 2004, section 13.06, 
 16.4   subdivision 2, is amended to read: 
 16.5      Subd. 2.  [CONTENTS OF APPLICATION FOR PRIVATE OR 
 16.6   CONFIDENTIAL DATA.] An application for temporary classification 
 16.7   of data on individuals shall include and the applicant shall 
 16.8   have the burden of clearly establishing that no statute 
 16.9   currently exists which either allows or forbids classification 
 16.10  as private or confidential; and either 
 16.11     (a) that data similar to that for which the temporary 
 16.12  classification is sought has been treated as either private or 
 16.13  confidential by other state agencies or political 
 16.14  subdivisions government entities, and by the public; or 
 16.15     (b) that a compelling need exists for immediate temporary 
 16.16  classification, which if not granted could adversely affect the 
 16.17  public interest or the health, safety, well being or reputation 
 16.18  of the data subject. 
 16.19     Sec. 22.  Minnesota Statutes 2004, section 13.06, 
 16.20  subdivision 3, is amended to read: 
 16.21     Subd. 3.  [CONTENTS OF APPLICATION FOR NONPUBLIC OR 
 16.22  NONPUBLIC PROTECTED DATA.] An application for temporary 
 16.23  classification of government data not on individuals shall 
 16.24  include and the applicant shall have the burden of clearly 
 16.25  establishing that no statute currently exists which either 
 16.26  allows or forbids classification as nonpublic or protected 
 16.27  nonpublic; and either 
 16.28     (a) that data similar to that for which the temporary 
 16.29  classification is sought has been treated as nonpublic or 
 16.30  protected nonpublic by other state agencies or political 
 16.31  subdivisions government entities, and by the public; or 
 16.32     (b) public access to the data would render unworkable a 
 16.33  program authorized by law; or 
 16.34     (c) that a compelling need exists for immediate temporary 
 16.35  classification, which if not granted could adversely affect the 
 16.36  health, safety or welfare of the public. 
 17.1      Sec. 23.  Minnesota Statutes 2004, section 13.06, 
 17.2   subdivision 4, is amended to read: 
 17.3      Subd. 4.  [PROCEDURE WHEN CLASSIFICATION AFFECTS OTHERS.] 
 17.4   If the commissioner determines that an application for temporary 
 17.5   classification involves data which would reasonably be 
 17.6   classified in the same manner by all agencies, political 
 17.7   subdivisions, or statewide systems government entities similar 
 17.8   to the one which made the application, the commissioner may 
 17.9   approve or disapprove the classification for data of the kind 
 17.10  which is the subject of the application for the use of 
 17.11  all agencies, political subdivisions, or statewide 
 17.12  systems government entities similar to the applicant.  On 
 17.13  deeming this approach advisable, the commissioner shall provide 
 17.14  notice of the proposed action by publication in the State 
 17.15  Register within ten days of receiving the application.  Within 
 17.16  30 days after publication in the State Register an 
 17.17  affected agency, political subdivision, government entity or the 
 17.18  public, or statewide system may submit comments on the 
 17.19  commissioner's proposal.  The commissioner shall consider any 
 17.20  comments received when granting or denying a classification for 
 17.21  data of the kind which is the subject of the application, for 
 17.22  the use of all agencies, political subdivisions, or statewide 
 17.23  systems government entities similar to the applicant.  Within 45 
 17.24  days after the close of the period for submitting comment, the 
 17.25  commissioner shall grant or disapprove the application.  
 17.26  Applications processed under this subdivision shall be either 
 17.27  approved or disapproved by the commissioner within 90 days of 
 17.28  the receipt of the application.  For purposes of subdivision 1, 
 17.29  the data which is the subject of the classification shall be 
 17.30  deemed to be classified as set forth in the application for a 
 17.31  period of 90 days, or until the application is disapproved or 
 17.32  granted by the commissioner, whichever is earlier.  If requested 
 17.33  in the application, or determined to be necessary by the 
 17.34  commissioner, the data in the application shall be so classified 
 17.35  for all agencies, political subdivisions, or statewide 
 17.36  systems government entities similar to the applicant until the 
 18.1   application is disapproved or granted by the commissioner, 
 18.2   whichever is earlier.  Proceedings after the grant or 
 18.3   disapproval shall be governed by the provisions of subdivision 5.
 18.4      Sec. 24.  Minnesota Statutes 2004, section 13.07, is 
 18.5   amended to read: 
 18.6      13.07 [DUTIES OF THE COMMISSIONER.] 
 18.7      The commissioner shall promulgate rules, in accordance with 
 18.8   the rulemaking procedures in the Administrative Procedure Act 
 18.9   which shall apply to state agencies, statewide systems and 
 18.10  political subdivisions government entities to implement the 
 18.11  enforcement and administration of this chapter.  The rules shall 
 18.12  not affect section 13.04, relating to rights of subjects of 
 18.13  data.  Prior to the adoption of rules authorized by this section 
 18.14  the commissioner shall give notice to all state agencies and 
 18.15  political subdivisions in the same manner and in addition to 
 18.16  other parties as required by section 14.06 of the date and place 
 18.17  of hearing, enclosing a copy of the rules to be adopted. 
 18.18     Sec. 25.  Minnesota Statutes 2004, section 13.072, 
 18.19  subdivision 4, is amended to read: 
 18.20     Subd. 4.  [DATA SUBMITTED TO COMMISSIONER.] A state agency, 
 18.21  statewide system, or political subdivision government entity may 
 18.22  submit not public data to the commissioner for the purpose of 
 18.23  requesting or responding to a person's request for an opinion.  
 18.24  Government data submitted to the commissioner by a state agency, 
 18.25  statewide system, or political subdivision government entity or 
 18.26  copies of government data submitted by other persons have the 
 18.27  same classification as the data have when held by the state 
 18.28  agency, statewide system, or political subdivision government 
 18.29  entity.  If the nature of the opinion is such that the release 
 18.30  of the opinion would reveal not public data, the commissioner 
 18.31  may issue an opinion using pseudonyms for individuals.  Data 
 18.32  maintained by the commissioner, in the record of an opinion 
 18.33  issued using pseudonyms that would reveal the identities of 
 18.34  individuals protected by the use of the pseudonyms, are private 
 18.35  data on individuals. 
 18.36     Sec. 26.  Minnesota Statutes 2004, section 13.073, 
 19.1   subdivision 3, is amended to read: 
 19.2      Subd. 3.  [BASIC TRAINING.] The basic training component 
 19.3   should be designed to meet the basic information policy needs of 
 19.4   all government employees and public officials with a focus on 
 19.5   key data practices laws and procedures that apply to all 
 19.6   government entities.  The commissioner should design the basic 
 19.7   training component in a manner that minimizes duplication of the 
 19.8   effort and cost for government entities to provide basic 
 19.9   training.  The commissioner may develop general programs and 
 19.10  materials for basic training such as video presentations, data 
 19.11  practices booklets, and training guides.  The commissioner may 
 19.12  assist state and local government agencies entities in 
 19.13  developing training expertise within their own agencies entities 
 19.14  and offer assistance for periodic training sessions for this 
 19.15  purpose. 
 19.16     Sec. 27.  Minnesota Statutes 2004, section 13.08, 
 19.17  subdivision 1, is amended to read: 
 19.18     Subdivision 1.  [ACTION FOR DAMAGES.] Notwithstanding 
 19.19  section 466.03, a political subdivision, responsible authority, 
 19.20  statewide system, or state agency government entity which 
 19.21  violates any provision of this chapter is liable to a person or 
 19.22  representative of a decedent who suffers any damage as a result 
 19.23  of the violation, and the person damaged or a representative in 
 19.24  the case of private data on decedents or confidential data on 
 19.25  decedents may bring an action against the political subdivision, 
 19.26  responsible authority, statewide system or state agency 
 19.27  government entity to cover any damages sustained, plus costs and 
 19.28  reasonable attorney fees.  In the case of a willful violation, 
 19.29  The political subdivision, statewide system or state 
 19.30  agency government entity shall, in addition, be liable to 
 19.31  exemplary damages of not less than $100 $5,000, nor more than 
 19.32  $10,000 $100,000 for each violation.  The state is deemed to 
 19.33  have waived any immunity to a cause of action brought under this 
 19.34  chapter. 
 19.35     Sec. 28.  Minnesota Statutes 2004, section 13.08, 
 19.36  subdivision 2, is amended to read: 
 20.1      Subd. 2.  [INJUNCTION.] A political subdivision, 
 20.2   responsible authority, statewide system or state agency 
 20.3   government entity which violates or proposes to violate this 
 20.4   chapter may be enjoined by the district court.  The court may 
 20.5   make any order or judgment as may be necessary to prevent the 
 20.6   use or employment by any person of any practices which violate 
 20.7   this chapter. 
 20.8      Sec. 29.  Minnesota Statutes 2004, section 13.08, 
 20.9   subdivision 4, is amended to read: 
 20.10     Subd. 4.  [ACTION TO COMPEL COMPLIANCE.] (a) In addition to 
 20.11  the remedies provided in subdivisions 1 to 3 or any other law, 
 20.12  any aggrieved person seeking to enforce the person's rights 
 20.13  under this chapter or obtain access to data may bring an action 
 20.14  in district court to compel compliance with this chapter and may 
 20.15  recover costs and disbursements, including reasonable attorney's 
 20.16  fees, as determined by the court.  If the court determines that 
 20.17  an action brought under this subdivision is frivolous and 
 20.18  without merit and a basis in fact, it may award reasonable costs 
 20.19  and attorney fees to the responsible authority.  If the court 
 20.20  issues an order to compel compliance under this subdivision, the 
 20.21  court may impose a civil penalty of up to $300 $3,000 against 
 20.22  the government entity.  This penalty is payable to the state 
 20.23  general fund and is in addition to damages under subdivision 1.  
 20.24  The matter shall be heard as soon as possible.  In an action 
 20.25  involving a request for government data under section 13.03 or 
 20.26  13.04, the court may inspect in camera the government data in 
 20.27  dispute, but shall conduct its hearing in public and in a manner 
 20.28  that protects the security of data classified as not public.  If 
 20.29  the court issues an order to compel compliance under this 
 20.30  subdivision, the court shall forward a copy of the order to the 
 20.31  commissioner of administration. 
 20.32     (b) In determining whether to assess a civil penalty under 
 20.33  this subdivision, the court shall consider whether the 
 20.34  government entity has substantially complied with general data 
 20.35  practices under this chapter, including but not limited to, 
 20.36  whether the government entity has:  
 21.1      (1) designated a responsible authority under section 13.02, 
 21.2   subdivision 16; 
 21.3      (2) designated a data practices compliance official under 
 21.4   section 13.05, subdivision 13; 
 21.5      (3) prepared the public document that names the responsible 
 21.6   authority and describes the records and data on individuals that 
 21.7   are maintained by the government entity under section 13.05, 
 21.8   subdivision 1; 
 21.9      (4) developed public access procedures under section 13.03, 
 21.10  subdivision 2; procedures to guarantee the rights of data 
 21.11  subjects under section 13.05, subdivision 8; and procedures to 
 21.12  ensure that data on individuals are accurate and complete and to 
 21.13  safeguard the data's security under section 13.05, subdivision 
 21.14  5; 
 21.15     (5) sought an oral, written, or electronic opinion from the 
 21.16  commissioner of administration related to the matter at issue 
 21.17  and acted in conformity with that opinion or acted in conformity 
 21.18  with an opinion issued under section 13.072 that was sought by 
 21.19  another person; or 
 21.20     (6) provided ongoing training to government entity 
 21.21  personnel who respond to requests under this chapter. 
 21.22     (c) The court shall award reasonable attorney fees to a 
 21.23  prevailing plaintiff who has brought an action under this 
 21.24  subdivision if the government entity that is the defendant in 
 21.25  the action was also the subject of a written opinion issued 
 21.26  under section 13.072 and the court finds that the opinion is 
 21.27  directly related to the cause of action being litigated and that 
 21.28  the government entity did not act in conformity with the opinion.
 21.29     Sec. 30.  Minnesota Statutes 2004, section 13.08, 
 21.30  subdivision 5, is amended to read: 
 21.31     Subd. 5.  [IMMUNITY FROM LIABILITY.] A state agency, 
 21.32  statewide system, political subdivision, government entity or 
 21.33  person that releases not public data pursuant to an order under 
 21.34  section 13.03, subdivision 6 is immune from civil and criminal 
 21.35  liability.  
 21.36     Sec. 31.  Minnesota Statutes 2004, section 13.32, is 
 22.1   amended by adding a subdivision to read: 
 22.2      Subd. 10.  [EDUCATION RECORDS; CHILD WITH DISABILITY.] 
 22.3   Nothing in this chapter shall be construed as limiting the 
 22.4   frequency of inspection of the educational records of a child 
 22.5   with a disability by the child's parent or guardian or by the 
 22.6   child upon the child reaching the age of majority.  An agency or 
 22.7   institution may not charge a fee to search for or to retrieve 
 22.8   the educational records.  An agency or institution that receives 
 22.9   a request for copies of the educational records of a child with 
 22.10  a disability may charge a fee that reflects the costs of 
 22.11  reproducing the records except when to do so would impair the 
 22.12  ability of the child's parent or guardian, or the child who has 
 22.13  reached the age of majority, to exercise their right to inspect 
 22.14  and review those records. 
 22.15     Sec. 32.  Minnesota Statutes 2004, section 13.37, 
 22.16  subdivision 1, is amended to read: 
 22.17     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
 22.18  following terms have the meanings given them. 
 22.19     (a) "Security information" means government data the 
 22.20  disclosure of which would be likely to substantially jeopardize 
 22.21  the security of information, possessions, individuals or 
 22.22  property against theft, tampering, improper use, attempted 
 22.23  escape, illegal disclosure, trespass, or physical injury.  
 22.24  "Security information" includes crime prevention block maps and 
 22.25  lists of volunteers who participate in community crime 
 22.26  prevention programs and their home addresses and telephone 
 22.27  numbers. 
 22.28     (b) "Trade secret information" means government data, 
 22.29  including a formula, pattern, compilation, program, device, 
 22.30  method, technique or process (1) that was supplied by the 
 22.31  affected individual or organization, (2) that is the subject of 
 22.32  efforts by the individual or organization that are reasonable 
 22.33  under the circumstances to maintain its secrecy, and (3) that 
 22.34  derives independent economic value, actual or potential, from 
 22.35  not being generally known to, and not being readily 
 22.36  ascertainable by proper means by, other persons who can obtain 
 23.1   economic value from its disclosure or use. 
 23.2      (c) "Labor relations information" means management 
 23.3   positions on economic and noneconomic items that have not been 
 23.4   presented during the collective bargaining process or interest 
 23.5   arbitration, including information specifically collected or 
 23.6   created to prepare the management position. 
 23.7      (d) "Parking space leasing data" means the following 
 23.8   government data on an applicant for, or lessee of, a parking 
 23.9   space:  residence address, home telephone number, beginning and 
 23.10  ending work hours, place of employment, work telephone number, 
 23.11  and location of the parking space. 
 23.12     (e) "Internal competitive proposal" means a proposal to 
 23.13  provide government services that is prepared by the staff of a 
 23.14  political subdivision in competition with proposals solicited by 
 23.15  the political subdivision from the private sector. 
 23.16     Sec. 33.  Minnesota Statutes 2004, section 13.37, 
 23.17  subdivision 2, is amended to read: 
 23.18     Subd. 2.  [CLASSIFICATION.] The following government data 
 23.19  is classified as nonpublic data with regard to data not on 
 23.20  individuals, pursuant to section 13.02, subdivision 9, and as 
 23.21  private data with regard to data on individuals, pursuant to 
 23.22  section 13.02, subdivision 12:  Security information; trade 
 23.23  secret information; sealed absentee ballots prior to opening by 
 23.24  an election judge; sealed bids, including the number of bids 
 23.25  received, prior to the opening of the bids; internal competitive 
 23.26  proposals prior to the time specified by a political subdivision 
 23.27  for the receipt of private sector proposals for the services; 
 23.28  parking space leasing data; and labor relations information, 
 23.29  provided that specific labor relations information which relates 
 23.30  to a specific labor organization is classified as protected 
 23.31  nonpublic data pursuant to section 13.02, subdivision 13. 
 23.32     Sec. 34.  Minnesota Statutes 2004, section 13.37, 
 23.33  subdivision 3, is amended to read: 
 23.34     Subd. 3.  [DATA DISSEMINATION.] (a) Crime prevention block 
 23.35  maps and names, home addresses, and telephone numbers of 
 23.36  volunteers who participate in community crime prevention 
 24.1   programs may be disseminated to volunteers participating in 
 24.2   crime prevention programs.  The location of a National Night Out 
 24.3   event is public data.  
 24.4      (b) A government entity may make security information 
 24.5   accessible to any person, entity, or the public if the 
 24.6   government entity determines that the access will aid public 
 24.7   health, promote public safety, or assist law enforcement. 
 24.8      Sec. 35.  Minnesota Statutes 2004, section 13.3805, is 
 24.9   amended by adding a subdivision to read: 
 24.10     Subd. 3.  [OFFICE OF HEALTH FACILITY COMPLAINTS; 
 24.11  INVESTIGATIVE DATA.] Except for investigative data under section 
 24.12  626.556, all investigative data maintained by the Department of 
 24.13  Health's Office of Health Facility Complaints are subject to 
 24.14  provisions of and classified pursuant to section 626.557, 
 24.15  subdivision 12b, paragraphs (b) to (d).  Notwithstanding 
 24.16  sections 626.556, subdivision 11, and 626.557, subdivision 12b, 
 24.17  paragraph (b), data identifying an individual substantiated as 
 24.18  the perpetrator are public data.  For purposes of this 
 24.19  subdivision, an individual is substantiated as the perpetrator 
 24.20  if the commissioner of health determines that the individual is 
 24.21  the perpetrator and the determination of the commissioner is 
 24.22  upheld after the individual either exercises applicable 
 24.23  administrative appeal rights or fails to exercise these rights 
 24.24  within the time allowed by law. 
 24.25     Sec. 36.  Minnesota Statutes 2004, section 13.43, 
 24.26  subdivision 1, is amended to read: 
 24.27     Subdivision 1.  [DEFINITION.] As used in this section, 
 24.28  "personnel data" means data on individuals collected because the 
 24.29  individual is or was an employee of or an applicant for 
 24.30  employment by, performs services on a voluntary basis for, or 
 24.31  acts as an independent contractor with a state agency, statewide 
 24.32  system or political subdivision or is a member of or an 
 24.33  applicant for an advisory board or commission government entity. 
 24.34  Personnel data includes data submitted by an employee to a 
 24.35  government entity as part of an organized self-evaluation effort 
 24.36  by the government entity to request suggestions from all 
 25.1   employees on ways to cut costs, make government more efficient, 
 25.2   or improve the operation of government.  An employee who is 
 25.3   identified in a suggestion shall have access to all data in the 
 25.4   suggestion except the identity of the employee making the 
 25.5   suggestion. 
 25.6      Sec. 37.  Minnesota Statutes 2004, section 13.43, 
 25.7   subdivision 2, is amended to read: 
 25.8      Subd. 2.  [PUBLIC DATA.] (a) Except for employees described 
 25.9   in subdivision 5 and subject to the limitations described in 
 25.10  subdivision 5a, the following personnel data on current and 
 25.11  former employees, volunteers, and independent contractors of 
 25.12  a state agency, statewide system, or political subdivision and 
 25.13  members of advisory boards or commissions government entity is 
 25.14  public: 
 25.15     (1) name; employee identification number, which must not be 
 25.16  the employee's Social Security number; actual gross salary; 
 25.17  salary range; contract fees; actual gross pension; the value and 
 25.18  nature of employer paid fringe benefits; and the basis for and 
 25.19  the amount of any added remuneration, including expense 
 25.20  reimbursement, in addition to salary; 
 25.21     (2) job title and bargaining unit; job description; 
 25.22  education and training background; and previous work experience; 
 25.23     (3) date of first and last employment; 
 25.24     (4) the existence and status of any complaints or charges 
 25.25  against the employee, regardless of whether the complaint or 
 25.26  charge resulted in a disciplinary action; 
 25.27     (5) the final disposition of any disciplinary action 
 25.28  together with the specific reasons for the action and data 
 25.29  documenting the basis of the action, excluding data that would 
 25.30  identify confidential sources who are employees of the public 
 25.31  body; 
 25.32     (6) the terms of any agreement settling any dispute arising 
 25.33  out of an employment relationship, including a buyout agreement 
 25.34  as defined in section 123B.143, subdivision 2, paragraph (a); 
 25.35  except that the agreement must include specific reasons for the 
 25.36  agreement if it involves the payment of more than $10,000 of 
 26.1   public money; 
 26.2      (7) work location; a work telephone number; badge number; 
 26.3   and honors and awards received; and 
 26.4      (8) payroll time sheets or other comparable data that are 
 26.5   only used to account for employee's work time for payroll 
 26.6   purposes, except to the extent that release of time sheet data 
 26.7   would reveal the employee's reasons for the use of sick or other 
 26.8   medical leave or other not public data. 
 26.9      (b) For purposes of this subdivision, a final disposition 
 26.10  occurs when the state agency, statewide system, or political 
 26.11  subdivision makes its final decision about the disciplinary 
 26.12  action, regardless of the possibility of any later proceedings 
 26.13  or court proceedings.  In the case of arbitration proceedings 
 26.14  arising under collective bargaining agreements, a final 
 26.15  disposition occurs at the conclusion of the arbitration 
 26.16  proceedings, or upon the failure of the employee to elect 
 26.17  arbitration within the time provided by the collective 
 26.18  bargaining agreement.  Final disposition includes a resignation 
 26.19  by an individual when the resignation occurs after the final 
 26.20  decision of the state agency, statewide system, political 
 26.21  subdivision, or arbitrator. 
 26.22     (c) The state agency, statewide system, or political 
 26.23  subdivision may display a photograph of a current or former 
 26.24  employee to a prospective witness as part of the state agency's, 
 26.25  statewide system's, or political subdivision's investigation of 
 26.26  any complaint or charge against the employee. 
 26.27     (d) A complainant has access to a statement provided by the 
 26.28  complainant to a state agency, statewide system, or political 
 26.29  subdivision in connection with a complaint or charge against an 
 26.30  employee. 
 26.31     (e) Notwithstanding paragraph (a), clause (5), upon 
 26.32  completion of an investigation of a complaint or charge against 
 26.33  a public official, or if a public official resigns or is 
 26.34  terminated from employment while the complaint or charge is 
 26.35  pending, all data relating to the complaint or charge are 
 26.36  public, unless access to the data would jeopardize an active 
 27.1   investigation or reveal confidential sources.  For purposes of 
 27.2   this paragraph, "public official" means: 
 27.3      (1) the head of a state agency and deputy and assistant 
 27.4   state agency heads; 
 27.5      (2) members of boards or commissions required by law to be 
 27.6   appointed by the governor or other elective officers; and 
 27.7      (3) executive or administrative heads of departments, 
 27.8   bureaus, divisions, or institutions. 
 27.9      Sec. 38.  Minnesota Statutes 2004, section 13.43, 
 27.10  subdivision 3, is amended to read: 
 27.11     Subd. 3.  [APPLICANT DATA.] Except for applicants described 
 27.12  in subdivision 5, the following personnel data on current and 
 27.13  former applicants for employment by a state agency, statewide 
 27.14  system or political subdivision or appointment to an advisory 
 27.15  board or commission government entity is public:  veteran 
 27.16  status; relevant test scores; rank on eligible list; job 
 27.17  history; education and training; and work availability.  Names 
 27.18  of applicants shall be private data except when certified as 
 27.19  eligible for appointment to a vacancy or when applicants are 
 27.20  considered by the appointing authority to be finalists for a 
 27.21  position in public employment.  For purposes of this 
 27.22  subdivision, "finalist" means an individual who is selected to 
 27.23  be interviewed by the appointing authority prior to selection.  
 27.24  Names and home addresses of applicants for appointment to and 
 27.25  members of an advisory board or commission are public. 
 27.26     Sec. 39.  Minnesota Statutes 2004, section 13.46, 
 27.27  subdivision 4, is amended to read: 
 27.28     Subd. 4.  [LICENSING DATA.] (a) As used in this subdivision:
 27.29     (1) "licensing data" means all data collected, maintained, 
 27.30  used, or disseminated by the welfare system pertaining to 
 27.31  persons licensed or registered or who apply for licensure or 
 27.32  registration or who formerly were licensed or registered under 
 27.33  the authority of the commissioner of human services; 
 27.34     (2) "client" means a person who is receiving services from 
 27.35  a licensee or from an applicant for licensure; and 
 27.36     (3) "personal and personal financial data" means Social 
 28.1   Security numbers, identity of and letters of reference, 
 28.2   insurance information, reports from the Bureau of Criminal 
 28.3   Apprehension, health examination reports, and social/home 
 28.4   studies. 
 28.5      (b)(1) Except as provided in paragraph (c), the following 
 28.6   data on current and former licensees are public:  name, address, 
 28.7   telephone number of licensees, date of receipt of a completed 
 28.8   application, dates of licensure, licensed capacity, type of 
 28.9   client preferred, variances granted, record of training and 
 28.10  education in child care and child development, type of dwelling, 
 28.11  name and relationship of other family members, previous license 
 28.12  history, class of license, and the existence and status of 
 28.13  complaints, and the number of serious injuries to or deaths of 
 28.14  individuals in the licensed program as reported to the 
 28.15  commissioner of human services, the local social services 
 28.16  agency, or any other county welfare agency.  For purposes of 
 28.17  this clause, a serious injury is one that is treated by a 
 28.18  physician.  When a correction order or fine has been issued, a 
 28.19  license is suspended, immediately suspended, revoked, denied, or 
 28.20  made conditional, or a complaint is resolved, the following data 
 28.21  on current and former licensees are public:  the substance and 
 28.22  investigative findings of the licensing or maltreatment 
 28.23  complaint, licensing violation, or substantiated maltreatment; 
 28.24  the record of informal resolution of a licensing violation; 
 28.25  orders of hearing; findings of fact; conclusions of law; 
 28.26  specifications of the final correction order, fine, suspension, 
 28.27  immediate suspension, revocation, denial, or conditional license 
 28.28  contained in the record of licensing action; and the status of 
 28.29  any appeal of these actions.  When an individual licensee is a 
 28.30  substantiated perpetrator of maltreatment, and the substantiated 
 28.31  maltreatment is a reason for the licensing action, the identity 
 28.32  of the licensee as a perpetrator is public data.  For purposes 
 28.33  of this clause, a person is a substantiated perpetrator if the 
 28.34  maltreatment determination has been upheld under section 
 28.35  626.556, subdivision 10i, 626.557, subdivision 9d, or 256.045, 
 28.36  or an individual or facility has not timely exercised appeal 
 29.1   rights under these sections. 
 29.2      (2) When any person subject to disqualification under 
 29.3   section 245C.14 in connection with a license to provide family 
 29.4   day care for children, child care center services, foster care 
 29.5   for children in the provider's home, or foster care or day care 
 29.6   services for adults in the provider's home is a substantiated 
 29.7   perpetrator of maltreatment, and the substantiated maltreatment 
 29.8   is a reason for a licensing action, the identity of the 
 29.9   substantiated perpetrator of maltreatment is public data.  For 
 29.10  purposes of this clause, a person is a substantiated perpetrator 
 29.11  if the maltreatment determination has been upheld under section 
 29.12  256.045; 626.556, subdivision 10i; 626.557, subdivision 9d; or 
 29.13  chapter 14, or if an individual or facility has not timely 
 29.14  exercised appeal rights under these sections. 
 29.15     (2) (3) For applicants who withdraw their application prior 
 29.16  to licensure or denial of a license, the following data are 
 29.17  public:  the name of the applicant, the city and county in which 
 29.18  the applicant was seeking licensure, the dates of the 
 29.19  commissioner's receipt of the initial application and completed 
 29.20  application, the type of license sought, and the date of 
 29.21  withdrawal of the application. 
 29.22     (3) (4) For applicants who are denied a license, the 
 29.23  following data are public:  the name of the applicant, the city 
 29.24  and county in which the applicant was seeking licensure, the 
 29.25  dates of the commissioner's receipt of the initial application 
 29.26  and completed application, the type of license sought, the date 
 29.27  of denial of the application, the nature of the basis for the 
 29.28  denial, and the status of any appeal of the denial. 
 29.29     (4) (5) The following data on persons subject to 
 29.30  disqualification under section 245C.14 in connection with a 
 29.31  license to provide family day care for children, child care 
 29.32  center services, foster care for children in the provider's 
 29.33  home, or foster care or day care services for adults in the 
 29.34  provider's home, are public:  the nature of any disqualification 
 29.35  set aside under section 245C.22, subdivisions 2 and 4, and the 
 29.36  reasons for setting aside the disqualification; the nature of 
 30.1   any disqualification for which a variance was granted under 
 30.2   sections 245A.04, subdivision 9; and 245C.30, and the reasons 
 30.3   for granting any variance under section 245A.04, subdivision 9; 
 30.4   and, if applicable, the disclosure that any person subject to a 
 30.5   background study under section 245C.03, subdivision 1, has 
 30.6   successfully passed a background study. 
 30.7      (5) (6) When maltreatment is substantiated under section 
 30.8   626.556 or 626.557 and the victim and the substantiated 
 30.9   perpetrator are affiliated with a program licensed under chapter 
 30.10  245A, the commissioner of human services, local social services 
 30.11  agency, or county welfare agency may inform the license holder 
 30.12  where the maltreatment occurred of the identity of the 
 30.13  substantiated perpetrator and the victim. 
 30.14     (c) The following are private data on individuals under 
 30.15  section 13.02, subdivision 12, or nonpublic data under section 
 30.16  13.02, subdivision 9:  personal and personal financial data on 
 30.17  family day care program and family foster care program 
 30.18  applicants and licensees and their family members who provide 
 30.19  services under the license. 
 30.20     (d) The following are private data on individuals:  the 
 30.21  identity of persons who have made reports concerning licensees 
 30.22  or applicants that appear in inactive investigative data, and 
 30.23  the records of clients or employees of the licensee or applicant 
 30.24  for licensure whose records are received by the licensing agency 
 30.25  for purposes of review or in anticipation of a contested 
 30.26  matter.  The names of reporters under sections 626.556 and 
 30.27  626.557 may be disclosed only as provided in section 626.556, 
 30.28  subdivision 11, or 626.557, subdivision 12b. 
 30.29     (e) Data classified as private, confidential, nonpublic, or 
 30.30  protected nonpublic under this subdivision become public data if 
 30.31  submitted to a court or administrative law judge as part of a 
 30.32  disciplinary proceeding in which there is a public hearing 
 30.33  concerning a license which has been suspended, immediately 
 30.34  suspended, revoked, or denied. 
 30.35     (f) Data generated in the course of licensing 
 30.36  investigations that relate to an alleged violation of law are 
 31.1   investigative data under subdivision 3. 
 31.2      (g) Data that are not public data collected, maintained, 
 31.3   used, or disseminated under this subdivision that relate to or 
 31.4   are derived from a report as defined in section 626.556, 
 31.5   subdivision 2, or 626.5572, subdivision 18, are subject to the 
 31.6   destruction provisions of sections 626.556, subdivision 11c, and 
 31.7   626.557, subdivision 12b.  
 31.8      (h) Upon request, not public data collected, maintained, 
 31.9   used, or disseminated under this subdivision that relate to or 
 31.10  are derived from a report of substantiated maltreatment as 
 31.11  defined in section 626.556 or 626.557 may be exchanged with the 
 31.12  Department of Health for purposes of completing background 
 31.13  studies pursuant to section 144.057 and with the Department of 
 31.14  Corrections for purposes of completing background studies 
 31.15  pursuant to section 241.021. 
 31.16     (i) Data on individuals collected according to licensing 
 31.17  activities under chapters 245A and 245C, and data on individuals 
 31.18  collected by the commissioner of human services according to 
 31.19  maltreatment investigations under sections 626.556 and 626.557, 
 31.20  may be shared with the Department of Human Rights, the 
 31.21  Department of Health, the Department of Corrections, the 
 31.22  Ombudsman for Mental Health and Retardation, and the 
 31.23  individual's professional regulatory board when there is reason 
 31.24  to believe that laws or standards under the jurisdiction of 
 31.25  those agencies may have been violated. 
 31.26     (j) In addition to the notice of determinations required 
 31.27  under section 626.556, subdivision 10f, if the commissioner or 
 31.28  the local social services agency has determined that an 
 31.29  individual is a substantiated perpetrator of maltreatment of a 
 31.30  child based on sexual abuse, as defined in section 626.556, 
 31.31  subdivision 2, and the commissioner or local social services 
 31.32  agency knows that the individual is a person responsible for a 
 31.33  child's care in another facility, the commissioner or local 
 31.34  social services agency shall notify the head of that facility of 
 31.35  this determination.  The notification must include an 
 31.36  explanation of the individual's available appeal rights and the 
 32.1   status of any appeal.  If a notice is given under this 
 32.2   paragraph, the government entity making the notification shall 
 32.3   provide a copy of the notice to the individual who is the 
 32.4   subject of the notice. 
 32.5      [EFFECTIVE DATE.] This section is effective the day 
 32.6   following final enactment. 
 32.7      Sec. 40.  Minnesota Statutes 2004, section 13.591, is 
 32.8   amended by adding a subdivision to read: 
 32.9      Subd. 4.  [CLASSIFICATION OF EVALUATIVE DATA; DATA 
 32.10  SHARING.] (a) Data created or maintained by a government entity 
 32.11  as part of the selection or evaluation process are protected 
 32.12  nonpublic until completion of the selection process or 
 32.13  completion of the evaluation process at which time the data are 
 32.14  public with the exception of trade secret data as defined and 
 32.15  classified in section 13.37. 
 32.16     (b) If a state agency asks employees of other state 
 32.17  agencies to assist with the selection of the responses to a 
 32.18  request for bid or the evaluation of responses to a request for 
 32.19  proposal, the state agency may share not public data in the 
 32.20  responses with those employees.  The employees participating in 
 32.21  the selection or evaluation may not further disseminate the not 
 32.22  public data they review. 
 32.23     Sec. 41.  Minnesota Statutes 2004, section 13.591, is 
 32.24  amended by adding a subdivision to read: 
 32.25     Subd. 5.  [INTERNAL COMPETITIVE RESPONSE.] (a) For purposes 
 32.26  of this subdivision, "internal competitive response" means a bid 
 32.27  or proposal to provide government goods or services that is 
 32.28  prepared by the staff of a government entity in competition with 
 32.29  bids or proposals solicited by (1) the same government entity 
 32.30  from the private sector or (2) a different government entity 
 32.31  from the private sector. 
 32.32     (b) Data in an internal competitive response is classified 
 32.33  as private or nonpublic data until completion of the selection 
 32.34  process or completion of the evaluation process at which time 
 32.35  the data are public with the exception of trade secret data as 
 32.36  defined and classified in section 13.37. 
 33.1      Sec. 42.  Minnesota Statutes 2004, section 13.601, is 
 33.2   amended by adding a subdivision to read: 
 33.3      Subd. 3.  [APPLICANTS FOR ELECTION OR APPOINTMENT.] All 
 33.4   data about applicants for election or appointment to a public 
 33.5   body, including those public bodies subject to chapter 13D, are 
 33.6   public. 
 33.7      Sec. 43.  Minnesota Statutes 2004, section 13.635, is 
 33.8   amended by adding a subdivision to read: 
 33.9      Subd. 1a.  [STATE BOARD OF INVESTMENT.] Certain government 
 33.10  data of the State Board of Investment related to investments are 
 33.11  classified under section 11A.24, subdivision 6. 
 33.12     [EFFECTIVE DATE.] This section is effective the day 
 33.13  following final enactment. 
 33.14     Sec. 44.  Minnesota Statutes 2004, section 13.72, is 
 33.15  amended by adding a subdivision to read: 
 33.16     Subd. 11.  [DESIGN-BUILD TRANSPORTATION PROJECT.] When the 
 33.17  Department of Transportation undertakes a design-build 
 33.18  transportation project as defined in section 161.3410, 
 33.19  subdivision 6, the statement of qualification evaluation 
 33.20  criteria and scoring methodology, statement of qualification 
 33.21  evaluations, technical proposal evaluation criteria and scoring 
 33.22  methodology, and technical proposal evaluations are classified 
 33.23  as protected nonpublic data with regard to data not on 
 33.24  individuals and as confidential data on individuals.  The 
 33.25  statement of qualification evaluation criteria and scoring 
 33.26  methodology and statement of qualification evaluations are 
 33.27  public when the Department of Transportation announces the short 
 33.28  list of qualified contractors.  The technical proposal 
 33.29  evaluation criteria, scoring methodology, and technical proposal 
 33.30  evaluations are public when the project is awarded.  
 33.31     [EFFECTIVE DATE.] This section is effective the day 
 33.32  following final enactment. 
 33.33     Sec. 45.  Minnesota Statutes 2004, section 13.72, is 
 33.34  amended by adding a subdivision to read: 
 33.35     Subd. 12.  [MEDIATION DATA.] All data received, created, or 
 33.36  maintained by the commissioner of transportation or staff during 
 34.1   the course of providing mediation services to employees are 
 34.2   classified as nonpublic data with regard to data not on 
 34.3   individuals and private data on individuals. 
 34.4      [EFFECTIVE DATE.] This section is effective the day 
 34.5   following final enactment. 
 34.6      Sec. 46.  Minnesota Statutes 2004, section 13.72, is 
 34.7   amended by adding a subdivision to read: 
 34.8      Subd. 13.  [TRANSPORTATION DEPARTMENT DATA.] When the 
 34.9   commissioner of transportation determines that the design-build 
 34.10  best value method of project delivery is appropriate for a 
 34.11  project under sections 161.3410 to 161.3428, project 
 34.12  right-of-way work maps, acquisition plat maps, relocation 
 34.13  reports, computations for relocation supplements, computations 
 34.14  for replacement housing, planimetric files, digital terrain 
 34.15  models, preliminary design drawings, and other data deemed by 
 34.16  the commissioner as necessary to preserve the design-build 
 34.17  process integrity are classified as protected nonpublic data 
 34.18  with regard to data not on individuals and confidential data on 
 34.19  individuals until the department publishes the data as part of 
 34.20  the request for proposal process.  The commissioner may release 
 34.21  design-build data to counties, cities, and other parties under 
 34.22  contract to a government entity as necessary to facilitate 
 34.23  project development.  The released data retain their 
 34.24  classification as protected nonpublic data with regard to data 
 34.25  not on individuals and confidential data on individuals as 
 34.26  provided by section 13.03, subdivision 4, paragraph (c), until 
 34.27  the department publishes the data as part of the request for 
 34.28  proposal process.  
 34.29     [EFFECTIVE DATE.] This section is effective the day 
 34.30  following final enactment. 
 34.31     Sec. 47.  Minnesota Statutes 2004, section 13.72, is 
 34.32  amended by adding a subdivision to read: 
 34.33     Subd. 14.  [ACCOUNT DATA.] The following data pertaining to 
 34.34  applicants for or users of toll facilities, and high-occupancy 
 34.35  vehicle lanes for which a user fee is charged under section 
 34.36  169.03, are classified as nonpublic data with regard to data not 
 35.1   on individuals and as private data with regard to data on 
 35.2   individuals:  data contained in applications for the purchase, 
 35.3   lease, or rental of a device such as an electronic vehicle 
 35.4   transponder which automatically assesses charges for a vehicle's 
 35.5   use of toll roads; personal and vehicle identification data; 
 35.6   financial and credit data; and toll road usage data.  Nothing in 
 35.7   this subdivision prohibits the production of summary data as 
 35.8   defined in section 13.02, subdivision 19. 
 35.9      [EFFECTIVE DATE.] This section is effective the day 
 35.10  following final enactment. 
 35.11     Sec. 48.  Minnesota Statutes 2004, section 13.82, 
 35.12  subdivision 1, is amended to read: 
 35.13     Subdivision 1.  [APPLICATION.] This section shall apply to 
 35.14  agencies which carry on a law enforcement function, including 
 35.15  but not limited to municipal police departments, county sheriff 
 35.16  departments, fire departments, the Bureau of Criminal 
 35.17  Apprehension, the Minnesota State Patrol, the Board of Peace 
 35.18  Officer Standards and Training, the Division of Insurance Fraud 
 35.19  Prevention in the Department of Commerce, and the program 
 35.20  integrity section of, and county human service agency client and 
 35.21  provider fraud prevention and control units operated or 
 35.22  supervised by the Department of Human Services. 
 35.23     [EFFECTIVE DATE.] This section is effective the day 
 35.24  following final enactment. 
 35.25     Sec. 49.  Minnesota Statutes 2004, section 13.82, 
 35.26  subdivision 16, is amended to read: 
 35.27     Subd. 16.  [PUBLIC ACCESS.] When data is classified as 
 35.28  public under this section, a law enforcement agency shall not be 
 35.29  required to make the actual physical data available to the 
 35.30  public if it is not administratively feasible to segregate the 
 35.31  public data from the confidential not public.  However, the 
 35.32  agency must make the information described as public data 
 35.33  available to the public in a reasonable manner.  When 
 35.34  investigative data becomes inactive, as described in subdivision 
 35.35  7, the actual physical data associated with that investigation, 
 35.36  including the public data, shall be available for public access. 
 36.1      [EFFECTIVE DATE.] This section is effective the day 
 36.2   following final enactment. 
 36.3      Sec. 50.  Minnesota Statutes 2004, section 16C.06, 
 36.4   subdivision 5, is amended to read: 
 36.5      Subd. 5.  [STATE AS RESPONDER.] The head of an agency, in 
 36.6   consultation with the requesting agency and the commissioner, 
 36.7   may respond to a solicitation or request if the goods and 
 36.8   services meet the needs of the requesting agency and provide the 
 36.9   state with the best value.  When an agency responds to a 
 36.10  solicitation, all work product relating to the response is 
 36.11  nonpublic data as defined in section 13.02, and shall become 
 36.12  public information in accordance with subdivision 3 classified 
 36.13  by section 13.591, subdivision 4. 
 36.14     Sec. 51.  [41A.0235] [BOARD MEETINGS BY TELEPHONE OR OTHER 
 36.15  ELECTRONIC MEANS.] 
 36.16     (a) If compliance with section 13D.02 is impractical, the 
 36.17  Minnesota Agricultural and Economic Development Board may 
 36.18  conduct a meeting of its members by telephone or other 
 36.19  electronic means so long as the following conditions are met:  
 36.20     (1) all members of the board participating in the meeting, 
 36.21  wherever their physical location, can hear one another and can 
 36.22  hear all discussion and testimony; 
 36.23     (2) members of the public present at the regular meeting 
 36.24  location of the board can hear clearly all discussion and 
 36.25  testimony and all votes of members of the board; 
 36.26     (3) at least one member of the board is physically present 
 36.27  at the regular meeting location; and 
 36.28     (4) all votes are conducted by roll call, so each member's 
 36.29  vote on each issue can be identified and recorded.  
 36.30     (b) Each member of the board participating in a meeting by 
 36.31  telephone or other electronic means is considered present at the 
 36.32  meeting for purposes of determining a quorum and participating 
 36.33  in all proceedings.  
 36.34     (c) If telephone or other electronic means is used to 
 36.35  conduct a meeting, the board, to the extent practical, shall 
 36.36  allow a person to monitor the meeting electronically from a 
 37.1   remote location.  The board may require the person making such a 
 37.2   connection to pay for documented marginal costs that the board 
 37.3   incurs as a result of the additional connection.  
 37.4      (d) If telephone or other electronic means is used to 
 37.5   conduct a regular, special, or emergency meeting, the board 
 37.6   shall provide notice of the regular meeting location, of the 
 37.7   fact that some members may participate by telephone or other 
 37.8   electronic means, and of the provisions of paragraph (c).  The 
 37.9   timing and method of providing notice is governed by section 
 37.10  13D.04. 
 37.11     Sec. 52.  Minnesota Statutes 2004, section 116J.68, is 
 37.12  amended by adding a subdivision to read: 
 37.13     Subd. 5.  [ADVISORY BOARD MEETINGS.] (a) If compliance with 
 37.14  section 13D.02 is impractical, the Small Business Development 
 37.15  Center Advisory Board, created pursuant to United State Code, 
 37.16  title 15, section 648, may conduct a meeting of its members by 
 37.17  telephone or other electronic means so long as the following 
 37.18  conditions are met:  
 37.19     (1) all members of the board participating in the meeting, 
 37.20  wherever their physical location, can hear one another and can 
 37.21  hear all discussion and testimony; 
 37.22     (2) members of the public present at the regular meeting 
 37.23  location of the board can hear clearly all discussion and 
 37.24  testimony and all votes of members of the board; 
 37.25     (3) at least one member of the board is physically present 
 37.26  at the regular meeting location; and 
 37.27     (4) all votes are conducted by roll call, so each member's 
 37.28  vote on each issue can be identified and recorded.  
 37.29     (b) Each member of the board participating in a meeting by 
 37.30  telephone or other electronic means is considered present at the 
 37.31  meeting for purposes of determining a quorum and participating 
 37.32  in all proceedings.  
 37.33     (c) If telephone or other electronic means is used to 
 37.34  conduct a meeting, the board, to the extent practical, shall 
 37.35  allow a person to monitor the meeting electronically from a 
 37.36  remote location.  The board may require the person making such a 
 38.1   connection to pay for documented marginal costs that the board 
 38.2   incurs as a result of the additional connection.  
 38.3      (d) If telephone or other electronic means is used to 
 38.4   conduct a regular, special, or emergency meeting, the board 
 38.5   shall provide notice of the regular meeting location, of the 
 38.6   fact that some members may participate by telephone or other 
 38.7   electronic means, and of the provisions of paragraph (c).  The 
 38.8   timing and method of providing notice is governed by section 
 38.9   13D.04. 
 38.10     Sec. 53.  Minnesota Statutes 2004, section 116L.03, is 
 38.11  amended by adding a subdivision to read: 
 38.12     Subd. 8.  [BOARD MEETINGS.] (a) If compliance with section 
 38.13  13D.02 is impractical, the Minnesota Job Skills Partnership 
 38.14  Board may conduct a meeting of its members by telephone or other 
 38.15  electronic means so long as the following conditions are met:  
 38.16     (1) all members of the board participating in the meeting, 
 38.17  wherever their physical location, can hear one another and can 
 38.18  hear all discussion and testimony; 
 38.19     (2) members of the public present at the regular meeting 
 38.20  location of the board can hear clearly all discussion and 
 38.21  testimony and all votes of members of the board; 
 38.22     (3) at least one member of the board is physically present 
 38.23  at the regular meeting location; and 
 38.24     (4) all votes are conducted by roll call, so each member's 
 38.25  vote on each issue can be identified and recorded.  
 38.26     (b) Each member of the board participating in a meeting by 
 38.27  telephone or other electronic means is considered present at the 
 38.28  meeting for purposes of determining a quorum and participating 
 38.29  in all proceedings.  
 38.30     (c) If telephone or other electronic means is used to 
 38.31  conduct a meeting, the board, to the extent practical, shall 
 38.32  allow a person to monitor the meeting electronically from a 
 38.33  remote location.  The board may require the person making such a 
 38.34  connection to pay for documented marginal costs that the board 
 38.35  incurs as a result of the additional connection.  
 38.36     (d) If telephone or other electronic means is used to 
 39.1   conduct a regular, special, or emergency meeting, the board 
 39.2   shall provide notice of the regular meeting location, of the 
 39.3   fact that some members may participate by telephone or other 
 39.4   electronic means, and of the provisions of paragraph (c).  The 
 39.5   timing and method of providing notice is governed by section 
 39.6   13D.04. 
 39.7      Sec. 54.  Minnesota Statutes 2004, section 116L.665, is 
 39.8   amended by adding a subdivision to read: 
 39.9      Subd. 2a.  [COUNCIL MEETINGS.] (a) If compliance with 
 39.10  section 13D.02 is impractical, the Governor's Workforce 
 39.11  Development Council may conduct a meeting of its members by 
 39.12  telephone or other electronic means so long as the following 
 39.13  conditions are met:  
 39.14     (1) all members of the council participating in the 
 39.15  meeting, wherever their physical location, can hear one another 
 39.16  and can hear all discussion and testimony; 
 39.17     (2) members of the public present at the regular meeting 
 39.18  location of the council can hear clearly all discussion and 
 39.19  testimony and all votes of members of the council; 
 39.20     (3) at least one member of the council is physically 
 39.21  present at the regular meeting location; and 
 39.22     (4) all votes are conducted by roll call, so each member's 
 39.23  vote on each issue can be identified and recorded.  
 39.24     (b) Each member of the council participating in a meeting 
 39.25  by telephone or other electronic means is considered present at 
 39.26  the meeting for purposes of determining a quorum and 
 39.27  participating in all proceedings.  
 39.28     (c) If telephone or other electronic means is used to 
 39.29  conduct a meeting, the council, to the extent practical, shall 
 39.30  allow a person to monitor the meeting electronically from a 
 39.31  remote location.  The council may require the person making such 
 39.32  a connection to pay for documented marginal costs that the 
 39.33  council incurs as a result of the additional connection.  
 39.34     (d) If telephone or other electronic means is used to 
 39.35  conduct a regular, special, or emergency meeting, the council 
 39.36  shall provide notice of the regular meeting location, of the 
 40.1   fact that some members may participate by telephone or other 
 40.2   electronic means, and of the provisions of paragraph (c).  The 
 40.3   timing and method of providing notice is governed by section 
 40.4   13D.04. 
 40.5      Sec. 55.  Minnesota Statutes 2004, section 116M.15, is 
 40.6   amended by adding a subdivision to read: 
 40.7      Subd. 5.  [BOARD MEETING.] (a) If compliance with section 
 40.8   13D.02 is impractical, the Urban Initiative Board may conduct a 
 40.9   meeting of its members by telephone or other electronic means so 
 40.10  long as the following conditions are met:  
 40.11     (1) all members of the board participating in the meeting, 
 40.12  wherever their physical location, can hear one another and can 
 40.13  hear all discussion and testimony; 
 40.14     (2) members of the public present at the regular meeting 
 40.15  location of the board can hear clearly all discussion and 
 40.16  testimony and all votes of members of the board; 
 40.17     (3) at least one member of the board is physically present 
 40.18  at the regular meeting location; and 
 40.19     (4) all votes are conducted by roll call, so each member's 
 40.20  vote on each issue can be identified and recorded.  
 40.21     (b) Each member of the board participating in a meeting by 
 40.22  telephone or other electronic means is considered present at the 
 40.23  meeting for purposes of determining a quorum and participating 
 40.24  in all proceedings.  
 40.25     (c) If telephone or other electronic means is used to 
 40.26  conduct a meeting, the board, to the extent practical, shall 
 40.27  allow a person to monitor the meeting electronically from a 
 40.28  remote location.  The board may require the person making such a 
 40.29  connection to pay for documented marginal costs that the board 
 40.30  incurs as a result of the additional connection.  
 40.31     (d) If telephone or other electronic means is used to 
 40.32  conduct a regular, special, or emergency meeting, the board 
 40.33  shall provide notice of the regular meeting location, of the 
 40.34  fact that some members may participate by telephone or other 
 40.35  electronic means, and of the provisions of paragraph (c).  The 
 40.36  timing and method of providing notice is governed by section 
 41.1   13D.04. 
 41.2      Sec. 56.  Minnesota Statutes 2004, section 116U.25, is 
 41.3   amended to read: 
 41.4      116U.25 [EXPLORE MINNESOTA TOURISM COUNCIL.] 
 41.5      (a) The director shall be advised by the Explore Minnesota 
 41.6   Tourism Council consisting of up to 28 voting members appointed 
 41.7   by the governor for four-year terms, including: 
 41.8      (1) the director of Explore Minnesota Tourism who serves as 
 41.9   the chair; 
 41.10     (2) eleven representatives of statewide associations 
 41.11  representing bed and breakfast establishments, golf, festivals 
 41.12  and events, counties, convention and visitor bureaus, lodging, 
 41.13  resorts, trails, campgrounds, restaurants, and chambers of 
 41.14  commerce; 
 41.15     (3) one representative from each of the four tourism 
 41.16  marketing regions of the state as designated by the office; 
 41.17     (4) six representatives of the tourism business 
 41.18  representing transportation, retail, travel agencies, tour 
 41.19  operators, travel media, and convention facilities; 
 41.20     (5) one or more ex-officio nonvoting members including at 
 41.21  least one from the University of Minnesota Tourism Center; 
 41.22     (6) four legislators, two from each house, one each from 
 41.23  the two largest political party caucuses in each house, 
 41.24  appointed according to the rules of the respective houses; and 
 41.25     (7) other persons, if any, as designated from time to time 
 41.26  by the governor. 
 41.27     (b) The council shall act to serve the broader interests of 
 41.28  tourism in Minnesota by promoting activities that support, 
 41.29  maintain, and expand the state's domestic and international 
 41.30  travel market, thereby generating increased visitor 
 41.31  expenditures, tax revenue, and employment. 
 41.32     (c) Filling of membership vacancies is as provided in 
 41.33  section 15.059.  The terms of one-half of the members shall be 
 41.34  coterminous with the governor and the terms of the remaining 
 41.35  one-half of the members shall end on the first Monday in January 
 41.36  one year after the terms of the other members.  Members may 
 42.1   serve until their successors are appointed and qualify.  Members 
 42.2   are not compensated.  A member may be reappointed. 
 42.3      (d) The council shall meet at least four times per year and 
 42.4   at other times determined by the council.  Notwithstanding 
 42.5   section 15.059, the council does not expire. 
 42.6      (e) If compliance with section 13D.02 is impractical, the 
 42.7   Explore Minnesota Tourism Council may conduct a meeting of its 
 42.8   members by telephone or other electronic means so long as the 
 42.9   following conditions are met:  
 42.10     (1) all members of the council participating in the 
 42.11  meeting, wherever their physical location, can hear one another 
 42.12  and can hear all discussion and testimony; 
 42.13     (2) members of the public present at the regular meeting 
 42.14  location of the council can hear clearly all discussion and 
 42.15  testimony and all votes of members of the council; 
 42.16     (3) at least one member of the council is physically 
 42.17  present at the regular meeting location; and 
 42.18     (4) all votes are conducted by roll call, so each member's 
 42.19  vote on each issue can be identified and recorded.  
 42.20     (f) Each member of the council participating in a meeting 
 42.21  by telephone or other electronic means is considered present at 
 42.22  the meeting for purposes of determining a quorum and 
 42.23  participating in all proceedings.  
 42.24     (g) If telephone or other electronic means is used to 
 42.25  conduct a meeting, the council, to the extent practical, shall 
 42.26  allow a person to monitor the meeting electronically from a 
 42.27  remote location.  The council may require the person making such 
 42.28  a connection to pay for documented marginal costs that the 
 42.29  council incurs as a result of the additional connection.  
 42.30     (h) If telephone or other electronic means is used to 
 42.31  conduct a regular, special, or emergency meeting, the council 
 42.32  shall provide notice of the regular meeting location, of the 
 42.33  fact that some members may participate by telephone or other 
 42.34  electronic means, and of the provisions of paragraph (g).  The 
 42.35  timing and method of providing notice is governed by section 
 42.36  13D.04. 
 43.1      Sec. 57.  Minnesota Statutes 2004, section 168.346, is 
 43.2   amended to read: 
 43.3      168.346 [PRIVACY OF NAME OR RESIDENCE ADDRESS PERSONAL 
 43.4   INFORMATION.] 
 43.5      (a) The registered owner of a motor vehicle may request in 
 43.6   writing that the owner's residence address or name and residence 
 43.7   address be classified as private data on individuals, as defined 
 43.8   in section 13.02, subdivision 12.  The commissioner shall grant 
 43.9   the classification upon receipt of a signed statement by the 
 43.10  owner that the classification is required for the safety of the 
 43.11  owner or the owner's family, if the statement also provides a 
 43.12  valid, existing address where the owner consents to receive 
 43.13  service of process.  The commissioner shall use the mailing 
 43.14  address in place of the residence address in all documents and 
 43.15  notices pertaining to the motor vehicle.  The residence address 
 43.16  or name and residence address and any information provided in 
 43.17  the classification request, other than the mailing address, are 
 43.18  private data on individuals and may be provided to requesting 
 43.19  law enforcement agencies, probation and parole agencies, and 
 43.20  public authorities, as defined in section 518.54, subdivision 
 43.21  9.  Subdivision 1.  [VEHICLE REGISTRATION DATA; FEDERAL 
 43.22  COMPLIANCE.] (a) Data on an individual provided to register a 
 43.23  vehicle is public data on individuals.  The commissioner shall 
 43.24  disclose this data if permitted by United States Code, title 18, 
 43.25  section 2721, subsection (b). 
 43.26     (b) An individual The registered owner of a motor vehicle 
 43.27  must be informed in a clear and conspicuous manner on the forms 
 43.28  for issuance or renewal of titles and registrations, that the 
 43.29  owner's personal information who is an individual may be 
 43.30  disclosed consent in writing to the commissioner to disclose the 
 43.31  individual's personal information exempted by United States 
 43.32  Code, title 18, section 2721, subsection (b), to any person who 
 43.33  makes a written request for the personal information, and that, 
 43.34  except for uses permitted by United States Code, title 18, 
 43.35  section 2721, subsection (b),.  If the registered owner may 
 43.36  prohibit disclosure of the personal information by so indicating 
 44.1   on the form is an individual and so authorizes disclosure, the 
 44.2   commissioner shall implement the request.  For purposes of this 
 44.3   paragraph, access by requesters making requests described in 
 44.4   section 168.345, subdivision 4, is deemed to be related to 
 44.5   public safety. 
 44.6      (c) At the time of registration or renewal, If authorized 
 44.7   by the individual registered owner of a motor vehicle must also 
 44.8   be informed in a clear and conspicuous manner on forms that as 
 44.9   indicated in paragraph (b), the registered owner's personal 
 44.10  information may be used, rented, or sold solely for bulk 
 44.11  distribution by organizations for business purposes including 
 44.12  surveys, marketing, and or solicitation.  The commissioner shall 
 44.13  implement methods and procedures that enable the registered 
 44.14  owner to request that bulk surveys, marketing, or solicitation 
 44.15  not be directed to the owner.  If the registered owner so 
 44.16  requests, the commissioner shall implement the request in a 
 44.17  timely manner and the personal information may not be so used. 
 44.18     (d) Subd. 2.  [PERSONAL INFORMATION DISCLOSURE FOR PUBLIC 
 44.19  SAFETY.] The commissioner shall disclose personal information 
 44.20  when the use is related to the operation or use of a motor 
 44.21  vehicle or to public safety.  The use of personal information is 
 44.22  related to public safety if it concerns the physical safety or 
 44.23  security of drivers, vehicles, pedestrians, or property.  The 
 44.24  commissioner may refuse to disclose data under this paragraph 
 44.25  subdivision when the commissioner concludes that the requester 
 44.26  is likely to use the data for illegal, improper, or 
 44.27  noninvestigative purposes. 
 44.28     (e) To the extent permitted by United States Code, title 
 44.29  18, section 2721, data on individuals provided to register a 
 44.30  motor vehicle is public data on individuals and shall be 
 44.31  disclosed as permitted by United States Code, title 18, section 
 44.32  2721, subsection (b).  Subd. 3.  [PRIVACY CLASSIFICATION FOR 
 44.33  PERSONAL SAFETY.] The registered owner of a vehicle who is an 
 44.34  individual may request, in writing, that the registered owner's 
 44.35  residence address or name and residence address be classified as 
 44.36  "private data on individuals," as defined in section 13.02, 
 45.1   subdivision 12.  The commissioner shall grant the classification 
 45.2   on receipt of a signed statement by the registered owner that 
 45.3   the classification is required for the safety of the registered 
 45.4   owner or the registered owner's family, if the statement also 
 45.5   provides a valid, existing address where the registered owner 
 45.6   consents to receive service of process.  The commissioner shall 
 45.7   use the service of process mailing address in place of the 
 45.8   registered owner's residence address in all documents and 
 45.9   notices pertaining to the vehicle.  The residence address or 
 45.10  name and residence address and any information provided in the 
 45.11  classification request, other than the individual's service for 
 45.12  process mailing address, are private data on individuals but may 
 45.13  be provided to requesting law enforcement agencies, probation 
 45.14  and parole agencies, and public authorities, as defined in 
 45.15  section 518.54, subdivision 9. 
 45.16     Sec. 58.  Minnesota Statutes 2004, section 168A.04, is 
 45.17  amended by adding a subdivision to read: 
 45.18     Subd. 2a.  [ALTERNATE MAILING ADDRESS.] If the United 
 45.19  States Postal Service will not deliver mail to the residence 
 45.20  address of a registered owner who is an individual as listed on 
 45.21  the title application, then the registered owner must provide 
 45.22  verification from the United States Postal Service that mail 
 45.23  will not be delivered to the registered owner's residence 
 45.24  address and that mail will be delivered to a specified alternate 
 45.25  mailing address.  When an applicant provides an alternate 
 45.26  mailing address under this subdivision, the commissioner shall 
 45.27  use the alternate mailing address in lieu of the residence 
 45.28  address for all notices and mailings to the registered owner. 
 45.29     Sec. 59.  Minnesota Statutes 2004, section 169.09, 
 45.30  subdivision 1, is amended to read: 
 45.31     Subdivision 1.  [DRIVER TO STOP FOR ACCIDENT WITH 
 45.32  PERSON INDIVIDUAL.] The driver of any motor vehicle involved in 
 45.33  an accident resulting in immediately demonstrable bodily injury 
 45.34  to or death of any person individual shall immediately stop the 
 45.35  vehicle at the scene of the accident, or as close to the scene 
 45.36  as possible, but shall then return to and in every event, shall 
 46.1   remain at, the scene of the accident, until the driver has 
 46.2   fulfilled the requirements of this chapter section as to the 
 46.3   giving of information.  The stop shall must be made without 
 46.4   unnecessarily obstructing traffic. 
 46.5      Sec. 60.  Minnesota Statutes 2004, section 169.09, 
 46.6   subdivision 2, is amended to read: 
 46.7      Subd. 2.  [DRIVER TO STOP FOR ACCIDENT TO PROPERTY.] The 
 46.8   driver of any motor vehicle involved in an accident to a vehicle 
 46.9   which is driven or attended by any person individual shall 
 46.10  immediately stop such the motor vehicle at the scene of such the 
 46.11  accident, or as close thereto to the accident as possible, but 
 46.12  shall forthwith return to, and in every event shall remain at, 
 46.13  the scene of the accident, until the driver has fulfilled the 
 46.14  requirements of this chapter section as to the giving of 
 46.15  information.  Every such The stop shall must be made without 
 46.16  unnecessarily obstructing traffic more than is necessary. 
 46.17     Sec. 61.  Minnesota Statutes 2004, section 169.09, 
 46.18  subdivision 3, is amended to read: 
 46.19     Subd. 3.  [DRIVER TO GIVE INFORMATION.] (a) The driver of 
 46.20  any motor vehicle involved in an accident resulting in bodily 
 46.21  injury to or death of any person individual, or damage to any 
 46.22  vehicle which is driven or attended by any person individual, 
 46.23  shall stop and give the driver's name, address, and date of 
 46.24  birth and the registration plate number of the vehicle being 
 46.25  driven, and.  The driver shall, upon request and if available, 
 46.26  exhibit the driver's license or permit to drive to the person 
 46.27  individual struck or the driver or occupant of or person 
 46.28  individual attending any vehicle collided with.  The driver also 
 46.29  shall give the information and upon request exhibit the license 
 46.30  or permit to any police peace officer at the scene of the 
 46.31  accident or who is investigating the accident.  The driver shall 
 46.32  render reasonable assistance to any person individual injured in 
 46.33  the accident. 
 46.34     (b) If not given at the scene of the accident, the driver, 
 46.35  within 72 hours thereafter after the accident, shall give upon, 
 46.36  on request to any person individual involved in the accident or 
 47.1   to a peace officer investigating the accident, the name and 
 47.2   address of the insurer providing automobile vehicle liability 
 47.3   insurance coverage, and the local insurance agent for the 
 47.4   insurer.  
 47.5      Sec. 62.  Minnesota Statutes 2004, section 169.09, 
 47.6   subdivision 4, is amended to read: 
 47.7      Subd. 4.  [COLLISION WITH UNATTENDED VEHICLE.] The driver 
 47.8   of any motor vehicle which that collides with and damages any 
 47.9   vehicle which that is unattended shall immediately stop and 
 47.10  either locate and notify the driver or owner of the vehicle of 
 47.11  the name and address of the driver and registered owner of the 
 47.12  vehicle striking the unattended vehicle, shall report the this 
 47.13  same information to a police peace officer, or shall leave in a 
 47.14  conspicuous place in or secured to the vehicle struck, a written 
 47.15  notice giving the name and address of the driver and of 
 47.16  the registered owner of the vehicle doing the striking. 
 47.17     Sec. 63.  Minnesota Statutes 2004, section 169.09, 
 47.18  subdivision 5, is amended to read: 
 47.19     Subd. 5.  [NOTIFY OWNER OF DAMAGED PROPERTY.] The driver of 
 47.20  any vehicle involved in an accident resulting only in damage to 
 47.21  fixtures legally upon or adjacent to a highway shall take 
 47.22  reasonable steps to locate and notify the owner or person in 
 47.23  charge of such the property of such that fact and, of the 
 47.24  driver's name and address, and of the registration plate number 
 47.25  of the vehicle being driven and shall, upon request and if 
 47.26  available, exhibit the driver's or chauffeur's license, and make 
 47.27  report of such the accident in every case.  The report shall 
 47.28  must be made in the same manner as a report made pursuant to 
 47.29  subdivision 7. 
 47.30     Sec. 64.  Minnesota Statutes 2004, section 169.09, 
 47.31  subdivision 6, is amended to read: 
 47.32     Subd. 6.  [NOTIFY POLICE NOTICE OF PERSONAL INJURY.] The 
 47.33  driver of a vehicle involved in an accident resulting in bodily 
 47.34  injury to or death of any person individual shall, after 
 47.35  compliance with the provisions of this section, and by the 
 47.36  quickest means of communication, give notice of the accident to 
 48.1   the local police department, if the accident occurs within a 
 48.2   municipality, or to a State Patrol officer if the accident 
 48.3   occurs on a trunk highway, or to the office of the sheriff of 
 48.4   the county. 
 48.5      Sec. 65.  Minnesota Statutes 2004, section 169.09, 
 48.6   subdivision 7, is amended to read: 
 48.7      Subd. 7.  [ACCIDENT REPORT TO COMMISSIONER.] (a) The driver 
 48.8   of a vehicle involved in an accident resulting in bodily injury 
 48.9   to or death of any person individual or total property damage to 
 48.10  an apparent extent of $1,000 or more, shall forward a written 
 48.11  report of the accident to the commissioner of public safety 
 48.12  within ten days thereof of the accident.  On the required 
 48.13  report, the driver shall provide the commissioner with the name 
 48.14  and policy number of the insurer providing vehicle 
 48.15  liability insurance coverage at the time of the accident.  
 48.16     (b) On determining that the original report of any driver 
 48.17  of a vehicle involved in an accident of which report must be 
 48.18  made as provided in this section is insufficient, the 
 48.19  commissioner of public safety may require the driver to file 
 48.20  supplementary reports information. 
 48.21     Sec. 66.  Minnesota Statutes 2004, section 169.09, 
 48.22  subdivision 8, is amended to read: 
 48.23     Subd. 8.  [OFFICER TO REPORT ACCIDENT TO COMMISSIONER.] 
 48.24  A law enforcement peace officer who, in the regular course of 
 48.25  duty, investigates a motor vehicle an accident that must be 
 48.26  reported under this section shall, within ten days after the 
 48.27  date of the accident, forward an electronic or written report of 
 48.28  the accident to as prescribed by the commissioner of public 
 48.29  safety. 
 48.30     Sec. 67.  Minnesota Statutes 2004, section 169.09, 
 48.31  subdivision 9, is amended to read: 
 48.32     Subd. 9.  [ACCIDENT REPORT FORMS FORMAT.] The Department 
 48.33  commissioner of public safety shall prepare electronic or 
 48.34  written forms prescribe the format for the accident reports 
 48.35  required under this section.  Upon request the 
 48.36  department commissioner shall supply make available the forms 
 49.1   format to police departments, coroners, sheriffs, garages, and 
 49.2   other suitable agencies or individuals.  The forms must be 
 49.3   appropriate with respect to the persons required to make the 
 49.4   reports and the purposes to be served.  The electronic or 
 49.5   written report forms to be completed by persons individuals 
 49.6   involved in accidents and by investigating peace officers 
 49.7   must call for sufficiently detailed information to disclose with 
 49.8   reference to a traffic accident the causes, existing conditions 
 49.9   then existing, and the persons individuals and vehicles involved.
 49.10     Sec. 68.  Minnesota Statutes 2004, section 169.09, 
 49.11  subdivision 11, is amended to read: 
 49.12     Subd. 11.  [CORONER TO REPORT DEATH.] Every coroner or 
 49.13  other official performing like functions shall report in writing 
 49.14  to the Department commissioner of public safety the death of any 
 49.15  person individual within the coroner's jurisdiction as the 
 49.16  result of an accident involving a motor vehicle and the 
 49.17  circumstances of the accident.  The report shall must be made 
 49.18  within 15 days after the death. 
 49.19     In the case of drivers killed in motor vehicle accidents 
 49.20  and of the death of pedestrians 16 years of age or older, who 
 49.21  die within four hours after an accident, the coroner or other 
 49.22  official performing like functions shall examine the body and 
 49.23  shall make tests as are necessary to determine the presence and 
 49.24  percentage concentration of alcohol, and drugs if feasible, in 
 49.25  the blood of the victim.  This information shall must be 
 49.26  included in each report submitted pursuant to the provisions of 
 49.27  this subdivision and shall be tabulated on a monthly basis by 
 49.28  the Department commissioner of public safety.  This information 
 49.29  may be used only for statistical purposes which that do not 
 49.30  reveal the identity of the deceased. 
 49.31     Sec. 69.  Minnesota Statutes 2004, section 169.09, 
 49.32  subdivision 12, is amended to read: 
 49.33     Subd. 12.  [GARAGE TO REPORT BULLET DAMAGE.] The 
 49.34  person individual in charge of any garage or repair shop to 
 49.35  which is brought any motor vehicle which that shows evidence of 
 49.36  having been struck by any bullet shall immediately report to the 
 50.1   local police or sheriff and to the commissioner of public safety 
 50.2   within 24 hours after such motor the vehicle is received, giving 
 50.3   the engine number if any, registration plate number, and the 
 50.4   name and address of the registered owner or operator of such the 
 50.5   vehicle. 
 50.6      Sec. 70.  Minnesota Statutes 2004, section 169.09, 
 50.7   subdivision 14, is amended to read: 
 50.8      Subd. 14.  [PENALTIES.] (a) The driver of any vehicle who 
 50.9   violates subdivision 1 or 6 and who did not cause the accident 
 50.10  is punishable as follows:  
 50.11     (1) if the accident results in the death of any person 
 50.12  individual, the driver is guilty of a felony and may be 
 50.13  sentenced to imprisonment for not more than three years, or to 
 50.14  payment of a fine of not more than $5,000, or both; 
 50.15     (2) if the accident results in great bodily harm to any 
 50.16  person individual, as defined in section 609.02, subdivision 8, 
 50.17  the driver is guilty of a felony and may be sentenced to 
 50.18  imprisonment for not more than two years, or to payment of a 
 50.19  fine of not more than $4,000, or both; or 
 50.20     (3) if the accident results in substantial bodily harm to 
 50.21  any person individual, as defined in section 609.02, subdivision 
 50.22  7a, the driver may be sentenced to imprisonment for not more 
 50.23  than one year, or to payment of a fine of not more than $3,000, 
 50.24  or both.  
 50.25     (b) The driver of any vehicle involved in an accident not 
 50.26  resulting in substantial bodily harm or death who violates 
 50.27  subdivision 1 or 6 may be sentenced to imprisonment for not more 
 50.28  than one year, or to payment of a fine of not more than $3,000, 
 50.29  or both.  
 50.30     (c) Any person who violates subdivision 2, 3, 4, 5, 7, 8, 
 50.31  10, 11, or 12 is guilty of a misdemeanor. 
 50.32     (d) The attorney in the jurisdiction in which the violation 
 50.33  occurred who is responsible for prosecution of misdemeanor 
 50.34  violations of this section shall also be responsible for 
 50.35  prosecution of gross misdemeanor violations of this section. 
 50.36     Sec. 71.  Minnesota Statutes 2004, section 169.09, 
 51.1   subdivision 15, is amended to read: 
 51.2      Subd. 15.  [DEFENSE.] It is an affirmative defense to 
 51.3   prosecution under subdivisions 1, 2, and 6 that the driver left 
 51.4   the scene of the accident to take any person individual 
 51.5   suffering immediately demonstrable bodily injury in the accident 
 51.6   to receive emergency medical care if the driver of the involved 
 51.7   vehicle gives notice to a law enforcement agency as required by 
 51.8   subdivision 6 as soon as reasonably feasible after the emergency 
 51.9   medical care has been undertaken.  
 51.10     Sec. 72.  Minnesota Statutes 2004, section 169.09, is 
 51.11  amended by adding a subdivision to read: 
 51.12     Subd. 16.  [COMMISSIONER AS AGENT FOR SERVICE OF 
 51.13  PROCESS.] The use and operation by a resident of this state or 
 51.14  the resident's agent, or by a nonresident or the nonresident's 
 51.15  agent, of a motor vehicle within the state of Minnesota, is 
 51.16  deemed an irrevocable appointment by the resident if absent from 
 51.17  this state continuously for six months or more following an 
 51.18  accident, or by the nonresident at any time, of the commissioner 
 51.19  of public safety to be the resident's or nonresident's true and 
 51.20  lawful attorney upon whom may be served all legal process in any 
 51.21  action or proceeding against the resident or nonresident or the 
 51.22  executor, administrator, or personal representative of the 
 51.23  resident or nonresident growing out of the use and operation of 
 51.24  a motor vehicle within this state, resulting in damages or loss 
 51.25  to person or property, whether the damage or loss occurs on a 
 51.26  highway or on abutting public or private property.  This 
 51.27  appointment is binding upon the nonresident's executor, 
 51.28  administrator, or personal representative.  The use or operation 
 51.29  of a motor vehicle by the resident or nonresident is a 
 51.30  signification of agreement that any process in any action 
 51.31  against the resident or nonresident or executor, administrator, 
 51.32  or personal representative of the resident or nonresident that 
 51.33  is so served has the same legal force and validity as if served 
 51.34  upon the resident or nonresident personally or on the executor, 
 51.35  administrator, or personal representative of the resident or 
 51.36  nonresident.  Service of process must be made by serving a copy 
 52.1   thereof upon the commissioner or by filing a copy in the 
 52.2   commissioner's office, together with payment of a fee of $20, 
 52.3   and is deemed sufficient service upon the absent resident or the 
 52.4   nonresident or the executor, administrator, or personal 
 52.5   representative of the resident or nonresident; provided that 
 52.6   notice of service and a copy of the process are sent by mail by 
 52.7   the plaintiff within ten days to the defendant at the 
 52.8   defendant's last known address and that the plaintiff's 
 52.9   affidavit of compliance with the provisions of this chapter is 
 52.10  attached to the summons.  
 52.11     Sec. 73.  Minnesota Statutes 2004, section 169.09, is 
 52.12  amended by adding a subdivision to read: 
 52.13     Subd. 17.  [CONTINUANCE OF COURT PROCEEDING; COSTS.] The 
 52.14  court in which the action is pending may order a continuance as 
 52.15  may be necessary to afford the defendant reasonable opportunity 
 52.16  to defend the action, not exceeding 90 days from the date of 
 52.17  filing of the action in that court.  The fee of $20 paid by the 
 52.18  plaintiff to the commissioner at the time of service of the 
 52.19  proceedings must be taxed in the plaintiff's cost if the 
 52.20  plaintiff prevails in the suit.  The commissioner shall keep a 
 52.21  record of all processes so served, which must show the day and 
 52.22  hour of service.  
 52.23     Sec. 74.  Minnesota Statutes 2004, section 171.07, 
 52.24  subdivision 1, is amended to read: 
 52.25     Subdivision 1.  [LICENSE; CONTENTS.] (a) Upon the payment 
 52.26  of the required fee, the department shall issue to every 
 52.27  qualifying applicant a license designating the type or class of 
 52.28  vehicles the applicant is authorized to drive as applied for.  
 52.29  This license must bear a distinguishing number assigned to the 
 52.30  licensee,; the licensee's full name, date of birth, and 
 52.31  residence address and permanent mailing address if different,; a 
 52.32  description of the licensee in a manner as the commissioner 
 52.33  deems necessary,; and the usual signature of the licensee.  No 
 52.34  license is valid unless it bears the usual signature of the 
 52.35  licensee.  Every license must bear a colored photograph or an 
 52.36  electronically produced image of the licensee. 
 53.1      (b) If the United States Postal Service will not deliver 
 53.2   mail to the applicant's residence address as listed on the 
 53.3   license, then the applicant shall provide verification from the 
 53.4   United States Postal Service that mail will not be delivered to 
 53.5   the applicant's residence address and that mail will be 
 53.6   delivered to a specified alternate mailing address.  When an 
 53.7   applicant provides an alternate mailing address under this 
 53.8   subdivision, the commissioner shall use the alternate mailing 
 53.9   address in lieu of the applicant's residence address for all 
 53.10  notices and mailings to the applicant. 
 53.11     (c) Every license issued to an applicant under the age of 
 53.12  21 must be of a distinguishing color and plainly marked 
 53.13  "Under-21." 
 53.14     (c) (d) The department shall use processes in issuing a 
 53.15  license that prohibit, as nearly as possible, the ability to 
 53.16  alter or reproduce a license, or prohibit the ability to 
 53.17  superimpose a photograph or electronically produced image on a 
 53.18  license, without ready detection. 
 53.19     (d) (e) A license issued to an applicant age 65 or over 
 53.20  must be plainly marked "senior" if requested by the applicant. 
 53.21     Sec. 75.  Minnesota Statutes 2004, section 171.07, 
 53.22  subdivision 3, is amended to read: 
 53.23     Subd. 3.  [IDENTIFICATION CARD; FEE.] (a) Upon payment of 
 53.24  the required fee, the department shall issue to every qualifying 
 53.25  applicant a Minnesota identification card.  The department may 
 53.26  not issue a Minnesota identification card to a person an 
 53.27  individual who has a driver's license, other than a limited 
 53.28  license.  The card must bear a distinguishing number assigned to 
 53.29  the applicant; a colored photograph or an electronically 
 53.30  produced image of the applicant; the applicant's full name, date 
 53.31  of birth, and residence address; a description of the applicant 
 53.32  in the manner as the commissioner deems necessary; and the usual 
 53.33  signature of the applicant. 
 53.34     (b) If the United States Postal Service will not deliver 
 53.35  mail to the applicant's residence address as listed on the 
 53.36  Minnesota identification card, then the applicant shall provide 
 54.1   verification from the United States Postal Service that mail 
 54.2   will not be delivered to the applicant's residence address and 
 54.3   that mail will be delivered to a specified alternate mailing 
 54.4   address.  When an applicant provides an alternate mailing 
 54.5   address under this subdivision, the commissioner shall use the 
 54.6   alternate mailing address in lieu of the applicant's residence 
 54.7   address for all notices and mailings to the applicant. 
 54.8      (c) Each identification card issued to an applicant under 
 54.9   the age of 21 must be of a distinguishing color and plainly 
 54.10  marked "Under-21." 
 54.11     (c) (d) Each Minnesota identification card must be plainly 
 54.12  marked "Minnesota identification card - not a driver's license." 
 54.13     (d) (e) The fee for a Minnesota identification card is 50 
 54.14  cents when issued to a person who is mentally retarded, as 
 54.15  defined in section 252A.02, subdivision 2; a physically disabled 
 54.16  person, as defined in section 169.345, subdivision 2; or, a 
 54.17  person with mental illness, as described in section 245.462, 
 54.18  subdivision 20, paragraph (c). 
 54.19     Sec. 76.  Minnesota Statutes 2004, section 171.12, 
 54.20  subdivision 7, is amended to read: 
 54.21     Subd. 7.  [PRIVACY OF RESIDENCE ADDRESS DATA.] (a) An 
 54.22  applicant for Data on individuals provided to obtain a driver's 
 54.23  license or a Minnesota identification card may request that the 
 54.24  applicant's residence address be classified as private is public 
 54.25  data on individuals, as defined in section 13.02, subdivision 
 54.26  12.  The commissioner shall grant the classification upon 
 54.27  receipt of a signed statement by the individual that the 
 54.28  classification is required for the safety of the applicant or 
 54.29  the applicant's family, if the statement also provides a valid, 
 54.30  existing address where the applicant consents to receive service 
 54.31  of process.  The commissioner shall use the mailing address in 
 54.32  place of the residence address in all documents and notices 
 54.33  pertaining to the driver's license or identification card.  The 
 54.34  residence address and any information provided in the 
 54.35  classification request, other than the mailing address, are 
 54.36  private data on individuals and may be provided to requesting 
 55.1   law enforcement agencies, probation and parole agencies, and 
 55.2   public authorities, as defined in section 518.54, subdivision 9 
 55.3   The commissioner shall disclose this data if permitted by United 
 55.4   States Code, title 18, section 2721, subsection (b). 
 55.5      (b) An applicant for a driver's license or a Minnesota 
 55.6   identification card must be informed in a clear and conspicuous 
 55.7   manner on the forms for the issuance or renewal that may 
 55.8   consent, in writing, to the commissioner to disclose the 
 55.9   applicant's personal information may be disclosed exempted by 
 55.10  United States Code, title 18, section 2721, subsection (b), to 
 55.11  any person who makes a request for the personal information, and 
 55.12  that except for uses permitted by United States Code, title 18, 
 55.13  section 2721, subsection (b), the applicant may prohibit 
 55.14  disclosure of the personal information by so indicating on the 
 55.15  form.  If the applicant so authorizes disclosures, the 
 55.16  commissioner shall implement the request and the information may 
 55.17  be used. 
 55.18     (c) If authorized by an applicant for a driver's license or 
 55.19  a Minnesota identification card must be also informed in a clear 
 55.20  and conspicuous manner on forms that, as indicated in paragraph 
 55.21  (b), the applicant's personal information may be used, rented, 
 55.22  or sold solely for bulk distribution by organizations for 
 55.23  business purposes, including surveys, marketing, or 
 55.24  solicitation.  The commissioner shall implement methods and 
 55.25  procedures that enable the applicant to request that bulk 
 55.26  surveys, marketing, or solicitation not be directed to the 
 55.27  applicant.  If the applicant so requests, the commissioner shall 
 55.28  implement the request in a timely manner and the personal 
 55.29  information may not be so used. 
 55.30     (d) To the extent permitted by United States Code, title 
 55.31  18, section 2721, data on individuals provided to obtain a 
 55.32  Minnesota identification card or a driver's license is public 
 55.33  data on individuals and shall be disclosed as permitted by 
 55.34  United States Code, title 18, section 2721, subsection (b).  An 
 55.35  applicant for a driver's license, instruction permit, or 
 55.36  Minnesota identification card may request that the applicant's 
 56.1   residence address be classified as "private data on 
 56.2   individuals," as defined in section 13.02, subdivision 12.  The 
 56.3   commissioner shall grant the classification on receipt of a 
 56.4   signed statement by the individual that the classification is 
 56.5   required for the safety of the applicant or the applicant's 
 56.6   family, if the statement also provides a valid, existing address 
 56.7   where the applicant consents to receive service of process.  The 
 56.8   commissioner shall use the service for process mailing address 
 56.9   in place of the residence address in all documents and notices 
 56.10  pertaining to the driver's license, instruction permit, or 
 56.11  Minnesota identification card.  The residence address and any 
 56.12  information provided in the classification request, other than 
 56.13  the mailing address, are private data on individuals and may be 
 56.14  provided to requesting law enforcement agencies, probation and 
 56.15  parole agencies, and public authorities, as defined in section 
 56.16  518.54, subdivision 9. 
 56.17     Sec. 77.  [299C.40] [COMPREHENSIVE INCIDENT-BASED REPORTING 
 56.18  SYSTEM.] 
 56.19     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
 56.20  subdivision apply to this section. 
 56.21     (b) "CIBRS" means the Comprehensive Incident-Based 
 56.22  Reporting System, located in the Department of Public Safety and 
 56.23  managed by the Bureau of Criminal Apprehension, Criminal Justice 
 56.24  Information Systems Section.  A reference in this section to 
 56.25  "CIBRS" includes the Bureau of Criminal Apprehension. 
 56.26     (c) "Law enforcement agency" means a Minnesota municipal 
 56.27  police department, the Metropolitan Transit Police, the 
 56.28  Metropolitan Airports Police, the University of Minnesota Police 
 56.29  Department, a Minnesota county sheriff's department, the Bureau 
 56.30  of Criminal Apprehension, or the Minnesota State Patrol. 
 56.31     Subd. 2.  [PURPOSE.] CIBRS is a statewide system containing 
 56.32  data from law enforcement agencies.  Data in CIBRS must be made 
 56.33  available to law enforcement agencies in order to prepare a case 
 56.34  against a person, whether known or unknown, for the commission 
 56.35  of a crime or other offense for which the agency has 
 56.36  investigative authority, or for purposes of background 
 57.1   investigations required by section 626.87. 
 57.2      Subd. 3.  [DATA PRACTICES ACT GOVERNS.] The provisions of 
 57.3   chapter 13 apply to this section. 
 57.4      Subd. 4.  [DATA CLASSIFICATION; GENERAL RULE; CHANGES IN 
 57.5   CLASSIFICATION; AUDIT TRAIL.] (a) The classification of data in 
 57.6   the law enforcement agency does not change after the data is 
 57.7   submitted to CIBRS. 
 57.8      (b) Data on individuals created, collected, received, 
 57.9   maintained, or disseminated by CIBRS is classified as 
 57.10  confidential data on individuals as defined in section 13.02, 
 57.11  subdivision 3, and becomes private data on individuals as 
 57.12  defined in section 13.02, subdivision 12, as provided by this 
 57.13  section. 
 57.14     (c) Data not on individuals created, collected, received, 
 57.15  maintained, or disseminated by CIBRS is classified as protected 
 57.16  nonpublic data as defined in section 13.02, subdivision 13, and 
 57.17  becomes nonpublic data as defined in section 13.02, subdivision 
 57.18  9, as provided by this section.  
 57.19     (d) Confidential or protected nonpublic data created, 
 57.20  collected, received, maintained, or disseminated by CIBRS must 
 57.21  automatically change classification from confidential data to 
 57.22  private data or from protected nonpublic data to nonpublic data 
 57.23  on the earlier of the following dates: 
 57.24     (1) upon receipt by CIBRS of notice from a law enforcement 
 57.25  agency that an investigation has become inactive; or 
 57.26     (2) when the data has not been updated by the law 
 57.27  enforcement agency that submitted it for a period of 120 days.  
 57.28     (e) For the purposes of this section, an investigation 
 57.29  becomes inactive upon the occurrence of any of the events listed 
 57.30  in section 13.82, subdivision 7, clauses (a) to (c). 
 57.31     (f) Ten days before making a data classification change 
 57.32  because data has not been updated, CIBRS must notify the law 
 57.33  enforcement agency that submitted the data that a classification 
 57.34  change will be made on the 120th day.  The notification must 
 57.35  inform the law enforcement agency that the data will retain its 
 57.36  classification as confidential or protected nonpublic data if 
 58.1   the law enforcement agency updates the data or notifies CIBRS 
 58.2   that the investigation is still active before the 120th day.  A 
 58.3   new 120-day period begins if the data is updated or if a law 
 58.4   enforcement agency notifies CIBRS that an active investigation 
 58.5   is continuing. 
 58.6      (g) A law enforcement agency that submits data to CIBRS 
 58.7   must notify CIBRS if an investigation has become inactive so 
 58.8   that the data is classified as private data or nonpublic data. 
 58.9   The law enforcement agency must provide this notice to CIBRS 
 58.10  within ten days after an investigation becomes inactive. 
 58.11     (h) All queries and responses and all actions in which data 
 58.12  is submitted to CIBRS, changes classification, or is 
 58.13  disseminated by CIBRS to any law enforcement agency must be 
 58.14  recorded in the CIBRS audit trail. 
 58.15     Subd. 5.  [ACCESS TO CIBRS DATA BY LAW ENFORCEMENT AGENCY 
 58.16  PERSONNEL.] Only law enforcement agency personnel with 
 58.17  certification from the Bureau of Criminal Apprehension may 
 58.18  enter, update, or access CIBRS data.  The ability of particular 
 58.19  law enforcement agency personnel to enter, update, or access 
 58.20  CIBRS data must be limited through the use of purpose codes that 
 58.21  correspond to the official duties and training level of the 
 58.22  personnel.  
 58.23     Subd. 6.  [ACCESS TO CIBRS DATA BY DATA SUBJECT.] Upon 
 58.24  request to the Bureau of Criminal Apprehension or to a law 
 58.25  enforcement agency participating in CIBRS an individual shall be 
 58.26  informed whether the individual is the subject of private or 
 58.27  confidential data held by CIBRS.  An individual who is the 
 58.28  subject of private data held by CIBRS may obtain access to the 
 58.29  data by making a request to the Bureau of Criminal Apprehension 
 58.30  or to a participating law enforcement agency.  Private data 
 58.31  provided to the subject under this subdivision must also include 
 58.32  the name of the law enforcement agency that submitted the data 
 58.33  to CIBRS and the name, telephone number, and address of the 
 58.34  responsible authority of that law enforcement agency. 
 58.35     Subd. 7.  [CHALLENGE TO COMPLETENESS AND ACCURACY OF DATA.] 
 58.36  An individual who is the subject of public or private data held 
 59.1   by CIBRS and who wants to challenge the completeness or accuracy 
 59.2   of the data under section 13.04, subdivision 4, must notify in 
 59.3   writing the responsible authority of the participating law 
 59.4   enforcement agency.  A law enforcement agency must notify the 
 59.5   Bureau of Criminal Apprehension when data held by CIBRS is 
 59.6   challenged.  The notification must identify the data that was 
 59.7   challenged and the subject of the data.  CIBRS must include any 
 59.8   notification received under this paragraph whenever 
 59.9   disseminating data about which no determination has been made.  
 59.10  When the responsible authority of a law enforcement agency 
 59.11  completes, corrects, or destroys successfully challenged data, 
 59.12  the corrected data must be submitted to CIBRS and any future 
 59.13  dissemination must be of the corrected data. 
 59.14     Sec. 78. [REPORT TO LEGISLATURE.] 
 59.15     By January 15, 2006, the commissioner of public safety must 
 59.16  report to the chair of the House Public Safety Policy and 
 59.17  Finance Committee and the chair of the Senate Crime Prevention 
 59.18  and Public Safety Committee and make legislative recommendations 
 59.19  on possible use of CIBRS data for background checks required by 
 59.20  law, a process for criminal records expungement by the subject 
 59.21  of CIBRS data, and retention schedules for CIBRS data. 
 59.22     Sec. 79.  [INSTRUCTION TO REVISOR.] 
 59.23     The revisor of statutes shall renumber each section of 
 59.24  Minnesota Statutes in column A with the number in column B.  The 
 59.25  revisor shall also make any necessary cross-reference changes. 
 59.26            Column A                  Column B 
 59.27             170.24           169.09, subdivision 14a 
 59.28             170.54           169.09, subdivision 5a 
 59.29     Sec. 80.  [REPEALER.] 
 59.30     Minnesota Statutes 2004, sections 13.04, subdivision 5; 
 59.31  169.09, subdivision 10; and 170.55, are repealed.