Minnesota Legislature
HF 3787
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Bill Text Versions
| Engrossments | ||
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| Introduction | Posted on 03/04/2008 |
Current Version - as introduced
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A bill for an act
relating to data practices; modifying provisions governing civil investigative data
and licensing data; amending Minnesota Statutes 2006, section 13.41; proposing
coding for new law in Minnesota Statutes, chapter 13; repealing Minnesota
Statutes 2006, section 13.39, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[13.395] CIVIL INVESTIGATIVE DATA.
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new text begin Subdivision 1. new text end
new text begin Civil investigative data. new text end
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(a) "Civil investigative data" means data
collected, created, received, maintained, or disseminated by a government entity as
part of an investigation undertaken for the purpose of the commencement or defense of
a civil legal action.
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(b) A "civil legal action" includes, but is not limited to, judicial, administrative, or
arbitration proceedings.
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(c) Administrative orders issued in connection with an investigation are civil
investigative data.
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(d) Data collected, created, received, maintained, or disseminated by a government
entity as part of activities to monitor compliance with laws the government entity
administers or enforces do not become civil investigative data unless the government
entity determines that the activities are part of an investigation undertaken for the purpose
of the commencement or defense of a civil legal action.
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(e) An investigation is undertaken for the purpose of the commencement or defense
of a civil legal action if and when:
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(1) the government entity determines that there is a reasonable likelihood that it will
pursue or that it will need to defend a civil legal action; or
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(2) the government entity decides to pursue or defend a civil legal action.
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new text begin Subd. 2. new text end
new text begin Confidential or protected nonpublic data. new text end
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Civil investigative data
are classified as confidential under section 13.02, subdivision 3, in the case of data on
individuals, and protected nonpublic data under section 13.02, subdivision 13, in the case
of data not on individuals. Civil investigative data become public or may be disclosed
under subdivisions 3, 4, and 5.
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new text begin Subd. 3. new text end
new text begin Inactive civil investigative data. new text end
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(a) Civil investigative data become
inactive upon the occurrence of any of the following events:
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(1) the government entity, or the chief attorney acting for the government entity,
decides not to pursue the civil legal action;
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(2) the time to commence a civil legal action has expired under the statute of
limitations or agreement applicable to the civil legal action;
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(3) the right to appeal by either party to the civil legal action has been exhausted,
waived, or expired;
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(4) a written agreement ends the investigation or civil legal action; or
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(5) an administrative order issued by the investigating government entity is not
timely appealed.
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(b) Inactive civil investigative data are public, except as follows:
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(1) data determined to be inactive under paragraph (a), clause (1), are again classified
as confidential or protected nonpublic if the government entity or chief attorney acting for
the government entity decides to renew the civil legal action;
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(2) data remain classified as confidential or protected nonpublic if the government
entity or the chief attorney acting for the government entity decides that disclosure would
jeopardize another investigation or civil legal action;
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(3) data that are classified as other than public by another provision of this chapter or
other law retain that classification;
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(4) data protected by order of a court or other government entity with authority to
issue protective orders remain confidential or protected nonpublic;
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(5) data that identify a complainant are private or nonpublic data on the complainant;
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(6) data that relate to an individual's health and from which the individual can be
identified are private data on the individual; and
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(7) data concerning an investigation of a licensee or applicant for a license by a
licensing agency are private or nonpublic, except that a written agreement or final order
that imposes discipline or other sanction against the licensee or applicant for a license is
public. For purposes of this clause, the following terms have the meanings given them:
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(i) "license" has the meaning given in section 13.41, subdivision 1, paragraph (a); and
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(ii) "licensing agency" means a government entity that has the authority to deny,
suspend, revoke, or otherwise restrict the license as a result of an investigation, or a
government entity that has the authority to commence a proceeding against a licensee
for any of those purposes.
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new text begin Subd. 4. new text end
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Proceedings in a court or at the Office of Administrative Hearings.
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Notwithstanding subdivision 2 or 3, all civil investigative data made part of the record of a
proceeding in a court or at the Office of Administrative Hearings or in any subsequent
proceeding in the matter are public unless protected by a court or administrative law
judge order, or as otherwise provided by law.
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new text begin Subd. 5. new text end
new text begin Disclosure of civil investigative data. new text end
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Notwithstanding classification as
not public by this section, civil investigative data may be disclosed as set out in this
subdivision.
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(a) Any person may bring an action in the district court in the county where civil
investigative data are maintained to obtain disclosure of the data. The court may order that
all or some of the data be released to the public or to the person bringing the action. In
determining whether data shall be disclosed, the court shall consider whether the benefit
to the person bringing the action or to the public outweighs any harm to the public, the
government entity, or any person identified in the data. The court shall not order disclosure
of the identity of a complainant unless the complainant consents or the court determines
that the complaint was false and made in bad faith. The court shall examine the data in
dispute in camera.
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(b) If a complainant or witness provides a statement to a government entity, that
government entity must make the statement accessible to that complainant or witness.
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(c) A government entity may make any civil investigative data classified as not
public by this section accessible to any person, agency, or the public if the government
entity determines that the access will aid the law enforcement or investigative process,
promote public health or safety, or dispel widespread rumor or unrest. However, civil
investigative data may not be disclosed under this paragraph if the data are protected
by order of a court or tribunal.
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(d) Disclosure of civil investigative data to the subject of the investigation or to
others under this section does not make the data public.
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Sec. 2.
Minnesota Statutes 2006, section 13.41, is amended to read:
13.41 LICENSING DATA.
Subdivision 1.
Definition.
As used in this sectionnew text begin , the following terms have the
meanings given them.
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(a) "License" means a credential specified in Minnesota Statutes as a license,
certification, registration, permit, or any other credential issued by a government entity
that is required in order for a person to engage in an occupation, trade, or business
regulated by law.
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new text begin (b) new text end "Licensing agency" means any deleted text begin board, department or agency of this state whichdeleted text end
new text begin government entity that new text end is given the statutory authority to issue professional or other types
of licenses, except the various agencies primarily administered by the commissioner
of human services. Data pertaining to persons or agencies licensed or registered under
authority of the commissioner of human services shall be administered pursuant to section
13.46.
Subd. 2.
Private new text begin and nonpublic new text end data; designated addresses and telephone
numbers.
(a) new text begin Except as provided in this chapter or other law, new text end the following data collected,
created or maintained by any licensing agency are classified as private, pursuant to section
13.02, subdivision 12new text begin , in the case of data on individuals, or nonpublic, under section 13.02,
subdivision 9, in the case of data not on individualsnew text end : new text begin all new text end datanew text begin related to an application for a
licensenew text end , other than deleted text begin their namesdeleted text end new text begin the applicant's name new text end and designated deleted text begin addressesdeleted text end new text begin addressnew text end ,
deleted text begin submitted by applicants for licenses; the identity of complainants who have made reports
concerning licensees or applicants which appear in inactive complaint data unless the
complainant consents to the disclosure; the nature or content of unsubstantiated complaints
when the information is not maintained in anticipation of legal action; the identity of
patients whose medical records are received by any health licensing agency for purposes
of review or in anticipation of a contested matter; inactive investigative data relating to
violations of statutes or rules; and the record of any disciplinary proceeding except as
limited by subdivision 5deleted text end new text begin the license period for which the applicant applied, and whether
the application is approved, disapproved, withdrawn, or pendingnew text end .
(b) An applicant for a license shall designate on the application a residence or
business address and telephone number at which the applicant can be contacted in
connection with the license application. A licensee shall designate a residence or business
address and telephone number at which the licensee can be contacted in connection with
the license. By designating an address under this paragraph other than a residence address,
the applicant or licensee consents to accept personal service of process by service on the
licensing agency for legal or administrative proceedings. The licensing agency shall mail
a copy of the documents to the applicant or licensee at the last known residence addressnew text begin , in
the case of an applicant or licensee who is an individual, or to the last known address, in
the case of an applicant or licensee that is not an individualnew text end .
Subd. 3.
Board of Peace Officer Standards and Training.
The following
government data of the Board of Peace Officer Standards and Training are private data:
(1) home addresses of licensees and applicants for licenses; and
(2) data that identify the state agency, statewide system, or political subdivision that
employs a licensed peace officer.
The board may disseminate private data on applicants and licensees as is necessary
to administer law enforcement licensure or to provide data under section 626.845,
subdivision 1, to law enforcement agencies who are conducting employment background
investigations.
deleted text begin Subd. 4. deleted text end
deleted text begin Confidential data. deleted text end
deleted text begin
The following data collected, created or maintained by
any licensing agency are classified as confidential, pursuant to section deleted text begin 13.02, subdivision
3deleted text end : active investigative data relating to the investigation of complaints against any licensee.
deleted text end
Subd. 5.
Public data.
Licensing agency minutesdeleted text begin ,deleted text end new text begin and new text end application data on licensees
except nondesignated addressesdeleted text begin , orders for hearing, findings of fact, conclusions of law
and specification of the final disciplinary action contained in the record of the disciplinary
actiondeleted text end new text begin and Social Security numbers new text end are classified as public, pursuant to section 13.02,
subdivision 15. deleted text begin The entire record concerning the disciplinary proceeding is public data
pursuant to section 13.02, subdivision 15, in those instances where there is a public
hearing concerning the disciplinary action. If the licensee and the licensing agency agree
to resolve a complaint without a hearing, the agreement and the specific reasons for
the agreement are public data.deleted text end The license numbers, the license status, and continuing
education records issued or maintained by the Board of Peace Officer Standards and
Training are classified as public data, pursuant to section 13.02, subdivision 15.
new text begin Subd. 5a. new text end
new text begin Complaints and investigations. new text end
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All data related to complaints against or
investigations about a licensee or applicant for a license are governed by section 13.395.
new text end
Subd. 6.
Releasing data.
Any licensing agency may make any data classified as
deleted text begin private or confidentialdeleted text end new text begin not public new text end pursuant to this section accessible to deleted text begin an appropriate
person or agencydeleted text end new text begin any person, government entity, or the public new text end if the licensing agency
determines that deleted text begin failure to make the data accessible is likely to create a clear and present
danger to public health or safetydeleted text end new text begin the access will aid the law enforcement or investigative
process, provide due process rights, promote public health or safety, or dispel widespread
rumor or unrestnew text end .
Sec. 3. new text begin REPEALER.
new text end
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Minnesota Statutes 2006, section 13.39, subdivision 1,
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is repealed.
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