HF 2305

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to government data; classifying data relating 
  1.3             to the Department of Employment and Economic 
  1.4             Development; making technical changes; amending 
  1.5             Minnesota Statutes 2002, sections 13.47, subdivision 
  1.6             4; 13.598, as amended; 270B.14, subdivision 2; 
  1.7             Minnesota Statutes 2003 Supplement, section 268.19, 
  1.8             subdivisions 1, 2; repealing Minnesota Statutes 2002, 
  1.9             section 13.475. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 2002, section 13.47, 
  1.12  subdivision 4, is amended to read: 
  1.13     Subd. 4.  [DATA PREPARATION.] To produce data required to 
  1.14  certify the eligibility of training service providers under 
  1.15  section 268.0122, subdivision 3, clause (7), the Workforce 
  1.16  Investment Act of 1998, United States Code, title 29, section 
  1.17  2801, or other studies required by law, the commissioner of 
  1.18  economic security, in consultation with the governor's Workforce 
  1.19  Development Council, employment and economic development may: 
  1.20     (1) enter into a data exchange agreement with a training 
  1.21  service provider whereby the commissioner of economic 
  1.22  security employment and economic development shall furnish to 
  1.23  the provider wage information under section 268.044 on 
  1.24  individuals who have received training services from the 
  1.25  provider.  The provider shall use this wage information to 
  1.26  prepare summary data determined necessary by the commissioner in 
  1.27  consultation with the governor's Workforce Development Council.  
  2.1   The provider may use this wage information for conducting 
  2.2   studies to improve instruction; or 
  2.3      (2) if there is no agreement under clause (1), require the 
  2.4   training service provider to furnish employment and training 
  2.5   data determined necessary by the commissioner in consultation 
  2.6   with the governor's Workforce Development Council. 
  2.7      Sec. 2.  Minnesota Statutes 2002, section 13.598, as 
  2.8   amended by Laws 2003, chapter 128, article 13, section 40, and 
  2.9   Laws 2003, First Special Session chapter 4, section 1, is 
  2.10  amended to read: 
  2.11     13.598 [EMPLOYMENT AND ECONOMIC DEVELOPMENT DATA CODED 
  2.12  ELSEWHERE.] 
  2.13     Subdivision 1.  [SCOPE.] The sections referred to in 
  2.14  subdivisions 2 to 6 12 are codified outside this chapter and 
  2.15  include classification of employment and economic development 
  2.16  data as other than public, place restrictions on access to 
  2.17  government data, or involve data sharing.  
  2.18     Subd. 2a.  [COMMISSIONER OF EMPLOYMENT AND ECONOMIC 
  2.19  DEVELOPMENT.] Data maintained by the commissioner of employment 
  2.20  and economic development are classified under sections .......; 
  2.21  268.19; and 469.154, subdivision 2. 
  2.22     Subd. 3.  [MINNESOTA TECHNOLOGY, INC.] Data on a tape of a 
  2.23  closed board meeting of Minnesota Technology, Inc. are 
  2.24  classified under section 116O.03, subdivision 6.  Certain data 
  2.25  disclosed to the board or employees of Minnesota Technology, 
  2.26  Inc. are classified under section 116O.03, subdivision 7.  
  2.27     Subd. 4.  [AIRCRAFT FACILITIES.] Specified data about an 
  2.28  airline submitted in connection with state financing of certain 
  2.29  aircraft maintenance facilities are classified under section 
  2.30  116R.02, subdivision 3.  
  2.31     Subd. 5.  [MINNESOTA BUSINESS FINANCE, INC.] Various data 
  2.32  held by Minnesota Business Finance, Inc. are classified under 
  2.33  section 116S.02, subdivision 8.  
  2.34     Subd. 6.  [LOCAL ECONOMIC DEVELOPMENT DATA.] (a) [ 
  2.35  PRELIMINARY INFORMATION.] Access to preliminary information 
  2.36  submitted to the commissioner of employment and economic 
  3.1   development under sections 469.142 to 469.151 or sections 
  3.2   469.152 to 469.165 is limited under section 469.154, subdivision 
  3.3   2.  
  3.4      (b)  [ENTERPRISE ZONES.] Data sharing between the 
  3.5   commissioner of revenue and the commissioner of employment and 
  3.6   economic development or a municipality receiving an enterprise 
  3.7   zone designation is governed by section 469.173, subdivision 5. 
  3.8      (c)  [TAX INCENTIVES.] Disclosure of data by the Department 
  3.9   of Revenue to determine eligibility for tax incentives available 
  3.10  under section 272.0212, 469.1732, or 469.1734, is governed by 
  3.11  section 469.1733, subdivision 1. 
  3.12     Subd. 7.  [PROGRAM DATA.] Program data collected on 
  3.13  individuals are classified by section 268.0122, subdivision 7. 
  3.14     Subd. 8.  [UNEMPLOYMENT INSURANCE HEARINGS.] Disclosure of 
  3.15  unemployment insurance hearing data is governed by section 
  3.16  268.105, subdivision 5. 
  3.17     Subd. 9.  [MINNESOTA YOUTH PROGRAM.] Data on individuals 
  3.18  under the Minnesota Youth program are classified under section 
  3.19  268.561, subdivision 7. 
  3.20     Subd. 10.  [EMPLOYMENT AND TRAINING PROGRAMS; DATA 
  3.21  SHARING.] Data sharing of employment and training program data 
  3.22  between the commissioner of employment and economic development, 
  3.23  the commissioner of human services, state agency personnel, and 
  3.24  other users of the inventory, referral and intake system, is 
  3.25  governed by section 268.86, subdivision 10. 
  3.26     Subd. 11.  [VOCATIONAL REHABILITATION DATA.] Disclosure of 
  3.27  data obtained by the Department of Employment and Economic 
  3.28  Development regarding the vocational rehabilitation of an 
  3.29  injured or disabled employee is governed by section 268A.05. 
  3.30     Subd. 12.  [EMPLOYER DATA.] The department may disseminate 
  3.31  an employer's name, address, industry code, and the number of 
  3.32  employees by ranges of not less than 100 for the purpose of 
  3.33  assisting individuals using the Minnesota Workforce Center 
  3.34  system in obtaining employment. 
  3.35     Sec. 3.  Minnesota Statutes 2003 Supplement, section 
  3.36  268.19, subdivision 1, is amended to read: 
  4.1      Subdivision 1.  [USE OF DATA.] (a) Except as otherwise 
  4.2   provided by this section, data gathered from any employer or 
  4.3   individual pursuant to the administration of the Minnesota 
  4.4   Unemployment Insurance Law are private data on individuals or 
  4.5   nonpublic data not on individuals as defined in section 13.02, 
  4.6   subdivisions 9 and 12, and may not be disclosed except pursuant 
  4.7   to a court order or section 13.05.  A subpoena shall not be 
  4.8   considered a court order.  These data may be disseminated to and 
  4.9   used by the following agencies without the consent of the 
  4.10  subject of the data:  
  4.11     (1) state and federal agencies specifically authorized 
  4.12  access to the data by state or federal law; 
  4.13     (2) any agency of Minnesota or any other state; or any 
  4.14  federal agency charged with the administration of an employment 
  4.15  security law or unemployment insurance program; 
  4.16     (3) any agency responsible for the maintenance of a system 
  4.17  of public employment offices for the purpose of assisting 
  4.18  individuals in obtaining employment; 
  4.19     (3) (4) human rights agencies within Minnesota that have 
  4.20  enforcement powers; 
  4.21     (4) (5) the Department of Revenue must have access to 
  4.22  department private data on individuals and nonpublic data not on 
  4.23  individuals only to the extent necessary for enforcement of its 
  4.24  duties under Minnesota tax laws; 
  4.25     (5) (6) public and private agencies responsible for 
  4.26  administering publicly financed assistance programs for the 
  4.27  purpose of monitoring the eligibility of the program's 
  4.28  recipients; 
  4.29     (6) (7) the Department of Labor and Industry on an 
  4.30  interchangeable basis with the department subject to the 
  4.31  following limitations and regardless of any law to the contrary: 
  4.32     (i) the department must have access to private data on 
  4.33  individuals and nonpublic data not on individuals for uses 
  4.34  consistent with the administration of its duties under the 
  4.35  Minnesota Unemployment Insurance Law; and 
  4.36     (ii) the Department of Labor and Industry must have access 
  5.1   to private data on individuals and nonpublic data not on 
  5.2   individuals for uses consistent with the administration of its 
  5.3   duties under Minnesota law; 
  5.4      (7) the Department of Employment and Economic Development 
  5.5   may have access to private data on individual employers and 
  5.6   nonpublic data not on individual employers for its internal use 
  5.7   only; when received by the Department of Employment and Economic 
  5.8   Development, the data remain private data on individuals or 
  5.9   nonpublic data; 
  5.10     (8) local and state welfare agencies for monitoring the 
  5.11  eligibility of the data subject for assistance programs, or for 
  5.12  any employment or training program administered by those 
  5.13  agencies, whether alone, in combination with another welfare 
  5.14  agency, or in conjunction with the department or to monitor and 
  5.15  evaluate the statewide Minnesota family investment program by 
  5.16  providing data on recipients and former recipients of food 
  5.17  stamps or food support, cash assistance under chapter 256, 256D, 
  5.18  256J, or 256K, child care assistance under chapter 119B, or 
  5.19  medical programs under chapter 256B, 256D, or 256L; 
  5.20     (9) local, state, and federal law enforcement agencies for 
  5.21  the sole purpose of ascertaining the last known address and 
  5.22  employment location of the data subject, provided the data 
  5.23  subject a person who is the subject of a criminal investigation; 
  5.24     (10) the federal Immigration and Naturalization Service 
  5.25  shall have access to data on specific individuals and specific 
  5.26  employers provided the specific individual or specific employer 
  5.27  is the subject of an investigation by that agency; and 
  5.28     (11) the Department of Health may have access to private 
  5.29  data on individuals and nonpublic data not on individuals solely 
  5.30  for the purposes of epidemiologic investigations.  
  5.31     (b) Data on individuals and employers that are collected, 
  5.32  maintained, or used by the department in an investigation 
  5.33  pursuant to section 268.182 are confidential as to data on 
  5.34  individuals and protected nonpublic data not on individuals as 
  5.35  defined in section 13.02, subdivisions 3 and 13, and must not be 
  5.36  disclosed except pursuant to statute or court order or to a 
  6.1   party named in a criminal proceeding, administrative or 
  6.2   judicial, for preparation of a defense.  
  6.3      (c) Tape recordings and transcripts of recordings of 
  6.4   proceedings conducted in accordance with section 268.105 and 
  6.5   exhibits received into evidence at those proceedings are private 
  6.6   data on individuals and nonpublic data not on individuals and 
  6.7   must be disclosed only pursuant to the administration of section 
  6.8   268.105, or pursuant to a court order.  
  6.9      (d) The department may disseminate an employer's name, 
  6.10  address, industry code, occupations employed, and the number of 
  6.11  employees by ranges of not less than 100 for the purpose of 
  6.12  assisting individuals using the Minnesota Workforce Center 
  6.13  system in obtaining employment. 
  6.14     (e) The general aptitude test battery and the nonverbal 
  6.15  aptitude test battery as administered by the department are 
  6.16  private data on individuals or nonpublic data.  
  6.17     (f) Data gathered by the department pursuant to the 
  6.18  administration of the Minnesota unemployment insurance program 
  6.19  and the job service must not be made the subject or the basis 
  6.20  for any suit in any civil proceedings, administrative or 
  6.21  judicial, unless the action is initiated by the department. 
  6.22     Sec. 4.  Minnesota Statutes 2003 Supplement, section 
  6.23  268.19, subdivision 2, is amended to read: 
  6.24     Subd. 2.  [EMPLOYER INFORMATION; ABSOLUTE PRIVILEGE.] (a) 
  6.25  Regardless of any provision of law to the contrary, an employer 
  6.26  may provide the commissioner with information on an applicant so 
  6.27  that the commissioner can determine an applicant's entitlement 
  6.28  to unemployment benefits under the Minnesota Unemployment 
  6.29  Insurance Law. 
  6.30     (b) The commissioner may disseminate to an applicant an 
  6.31  employer's name and address and any other information obtained 
  6.32  from any employer necessary to administer the Minnesota 
  6.33  Unemployment Insurance Program. 
  6.34     (c) Information obtained pursuant to the Minnesota 
  6.35  Unemployment Insurance Law, in order to determine an applicant's 
  6.36  entitlement to unemployment benefits, shall be absolutely 
  7.1   privileged and shall not be made the subject matter or the basis 
  7.2   for any civil proceeding, administrative, or judicial.  
  7.3      Sec. 5.  Minnesota Statutes 2002, section 270B.14, 
  7.4   subdivision 2, is amended to read: 
  7.5      Subd. 2.  [DISCLOSURE TO DEPARTMENT OF EMPLOYMENT AND 
  7.6   ECONOMIC SECURITY DEVELOPMENT.] (a) Data relating to individuals 
  7.7   are treated as follows: 
  7.8      (1) Return information may be disclosed to the Department 
  7.9   of Employment and Economic Security Development to the extent 
  7.10  provided in clause (2) and for the purposes provided in clause 
  7.11  (3). 
  7.12     (2) The data that may be disclosed is limited to the amount 
  7.13  of gross income earned by an individual, the total amounts of 
  7.14  earnings from each employer, and the employer's name. 
  7.15     (3) Data may be requested pertaining only to individuals 
  7.16  who have claimed benefits under sections 268.03 to 268.23 and 
  7.17  only if the individuals are the subject of investigations based 
  7.18  on other information available to the Department of Employment 
  7.19  and Economic Security Development.  Data received may be used 
  7.20  only as set forth in section 268.19, clause (d) subdivision 1, 
  7.21  paragraph (b). 
  7.22     (b) Data pertaining to corporations or other employing 
  7.23  units may be disclosed to the Department of Employment and 
  7.24  Economic Security Development to the extent necessary for the 
  7.25  proper enforcement of chapter 268. 
  7.26     Sec. 6.  [REPEALER.] 
  7.27     Minnesota Statutes 2002, section 13.475, is repealed.