relating to state government; classifying or modifying certain provisions
concerning data practices; requiring informed consent; amending definitions;
allowing disclosure of certain data; allowing access to certain records; making
technical changes; modifying certain provisions regarding transportation and
health data; modifying certain provisions regarding criminal history records,
criminal background checks, and other criminal justice data provisions; extending
for six years the sunset provision for the newborn screening advisory committee;
repealing the McGruff safe house program;amending Minnesota Statutes 2012,
sections 13.37, subdivision 1; 13.386, subdivision 3; 13.43, subdivision 2;
13.64, subdivision 2; 13.72, subdivision 10, by adding subdivisions; 144.966,
subdivisions 2, 3, by adding subdivisions; 171.07, subdivision 1a; 268.19,
subdivision 1; 299C.11, subdivision 1; 299C.46, subdivisions 1, 2, 2a, 3;
299F.035, subdivisions 1, 2; 299F.77; 340A.301, subdivision 2; 340A.402;
611A.203, subdivision 4; proposing coding for new law in Minnesota Statutes,
chapters 13; 144; 299C; repealing Minnesota Statutes 2012, section 299A.28.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [13.356] PERSONAL CONTACT AND ONLINE ACCOUNT
1.20Except where disclosure is specifically authorized by law, and notwithstanding
1.21section 13.04, subdivision 2, the following data on an individual collected, maintained, or
1.22received by a government entity for notification or informational purposes of a general
1.23nature as requested by the individual are private data on individuals:
1.24(1) telephone number;
1.25(2) e-mail address; and
1.26(3) Internet user name, password, Internet protocol address, and any other similar
1.27data related to the individual's online account or access procedures.
2.1EFFECTIVE DATE.This section is effective the day following final enactment
2.2and applies to data collected, maintained, or received before, on, or after that date.
Sec. 2. Minnesota Statutes 2012, section 13.37, subdivision 1, is amended to read:
Subdivision 1. Definitions.
As used in this section, the following terms have the
meanings given them.
(a) "Security information" means government data the disclosure of which the
responsible authority determines would be likely to substantially jeopardize the security of
information, possessions, individuals or property against theft, tampering, improper use,
attempted escape, illegal disclosure, trespass, or physical injury. "Security information"
includes crime prevention block maps and lists of volunteers who participate in community
crime prevention programs and their home and mailing
2.12e-mail addresses, Internet communication services accounts information or similar
2.13accounts information, and global positioning system locations
(b) "Trade secret information" means government data, including a formula, pattern,
compilation, program, device, method, technique or process (1) that was supplied by the
affected individual or organization, (2) that is the subject of efforts by the individual or
organization that are reasonable under the circumstances to maintain its secrecy, and (3)
that derives independent economic value, actual or potential, from not being generally
known to, and not being readily ascertainable by proper means by, other persons who can
obtain economic value from its disclosure or use.
(c) "Labor relations information" means management positions on economic and
noneconomic items that have not been presented during the collective bargaining process
or interest arbitration, including information specifically collected or created to prepare
the management position.
(d) "Parking space leasing data" means the following government data on an
applicant for, or lessee of, a parking space: residence address, home telephone number,
beginning and ending work hours, place of employment, work telephone number, and
location of the parking space.
Sec. 3. Minnesota Statutes 2012, section 13.386, subdivision 3, is amended to read:
Subd. 3. Collection, storage, use, and dissemination of genetic information. (a)
Unless otherwise expressly provided by law, genetic information about an individual:
(1) may be collected by a government entity, as defined in section
7a, or any other person only with the written informed consent of the individual;
(2) may be used only for purposes to which the individual has given written
(3) may be stored only for a period of time to which the individual has given written
informed consent; and
(4) may be disseminated only:
(i) with the individual's written informed consent; or
(ii) if necessary in order to accomplish purposes described by clause (2). A consent
to disseminate genetic information under item (i) must be signed and dated. Unless
otherwise provided by law, such a consent is valid for one year or for a lesser period
specified in the consent.
3.11(b) Newborn screening activities conducted under sections 144.125 to 144.128 are
3.12subject to paragraph (a). Other programs and activities governed under section 144.192
3.13are not subject to paragraph (a).
3.14EFFECTIVE DATE.This section is effective July 1, 2013.
Sec. 4. Minnesota Statutes 2012, section 13.43, subdivision 2, is amended to read:
Subd. 2. Public data.
(a) Except for employees described in subdivision 5 and
subject to the limitations described in subdivision 5a, the following personnel data on
current and former employees, volunteers, and independent contractors of a government
entity is public:
(1) name; employee identification number, which must not be the employee's Social
Security number; actual gross salary; salary range; terms and conditions of employment
relationship; contract fees; actual gross pension; the value and nature of employer paid
fringe benefits; and the basis for and the amount of any added remuneration, including
expense reimbursement, in addition to salary;
(2) job title and bargaining unit; job description; education and training background;
and previous work experience;
(3) date of first and last employment;
(4) the existence and status of any complaints or charges against the employee,
regardless of whether the complaint or charge resulted in a disciplinary action;
(5) the final disposition of any disciplinary action together with the specific reasons
for the action and data documenting the basis of the action, excluding data that would
identify confidential sources who are employees of the public body;
(6) the complete terms of any agreement settling any dispute arising out of an
employment relationship, including a buyout agreement as defined in section
, paragraph (a); except that the agreement must include specific reasons for
the agreement if it involves the payment of more than $10,000 of public money;
(7) work location; a work telephone number; badge number; work-related continuing
education; and honors and awards received; and
(8) payroll time sheets or other comparable data that are only used to account for
employee's work time for payroll purposes, except to the extent that release of time sheet
data would reveal the employee's reasons for the use of sick or other medical leave
or other not public data.
(b) For purposes of this subdivision, a final disposition occurs when the government
entity makes its final decision about the disciplinary action, regardless of the possibility of
any later proceedings or court proceedings. Final disposition includes a resignation by an
individual when the resignation occurs after the final decision of the government entity,
or arbitrator. In the case of arbitration proceedings arising under collective bargaining
agreements, a final disposition occurs at the conclusion of the arbitration proceedings,
or upon the failure of the employee to elect arbitration within the time provided by the
collective bargaining agreement. A disciplinary action does not become public data if an
arbitrator sustains a grievance and reverses all aspects of any disciplinary action.
(c) The government entity may display a photograph of a current or former employee
to a prospective witness as part of the government entity's investigation of any complaint
or charge against the employee.
(d) A complainant has access to a statement provided by the complainant to a
government entity in connection with a complaint or charge against an employee.
(e) Notwithstanding paragraph (a), clause (5), and subject to paragraph (f), upon
completion of an investigation of a complaint or charge against a public official, or if a
public official resigns or is terminated from employment while the complaint or charge is
pending, all data relating to the complaint or charge are public, unless access to the data
would jeopardize an active investigation or reveal confidential sources. For purposes
of this paragraph, "public official" means:
(1) the head of a state agency and deputy and assistant state agency heads;
(2) members of boards or commissions required by law to be appointed by the
governor or other elective officers;
(3) executive or administrative heads of departments, bureaus, divisions, or
institutions within state government; and
(4) the following employees:
(i) the chief administrative officer, or the individual acting in an equivalent position,
in all political subdivisions;
(ii) individuals required to be identified by a political subdivision pursuant to section
(iii) in a city with a population of more than 7,500 or a county with a population
of more than 5,000
, individuals in a management capacity reporting directly to the chief
5.5 administrative officer or the individual acting in an equivalent position: managers; chiefs;
5.6heads or directors of departments, divisions, bureaus, or boards; and any equivalent
(iv) in a school district
human resource directors
, and; athletic
5.9directors; chief financial officers; directors;
individuals defined as superintendents
, and directors
under Minnesota Rules, part 3512.0100; and in a charter school,
individuals employed in comparable positions.
(f) Data relating to a complaint or charge against an employee identified under
paragraph (e), clause (4), are public only if:
(1) the complaint or charge results in disciplinary action or the employee resigns or
is terminated from employment while the complaint or charge is pending; or
(2) potential legal claims arising out of the conduct that is the subject of the
complaint or charge are released as part of a settlement agreement
with another person
This paragraph and paragraph (e) do not authorize the release of data that are made
not public under other law.
5.20EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 5. Minnesota Statutes 2012, section 13.64, subdivision 2, is amended to read:
Subd. 2. Department of Administration. (a)
Security features of building
plans, building specifications, and building drawings of state-owned facilities and
non-state-owned facilities leased by the state are classified as nonpublic data when
maintained by the Department of Administration and may be shared with anyone as
needed to perform duties of the commissioner.
5.27(b) Data maintained by the Department of Administration that identifies an
5.28individual with a disability or a family member of an individual with a disability related to
5.29services funded by the federal Assistive Technology Act, United States Code, title 29,
5.30section 3002, for assistive technology device demonstrations, transition training, loans,
5.31reuse, or alternative financing are private data.
Sec. 6. Minnesota Statutes 2012, section 13.72, subdivision 10, is amended to read:
Subd. 10. Transportation service data.
Personal, medical, financial, familial, or
locational information data pertaining to applicants for or users of services providing
transportation for the disabled or elderly
, with the exception of the name of the applicant
6.2 or user of the service,
6.3EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 7. Minnesota Statutes 2012, section 13.72, is amended by adding a subdivision to
6.6 Subd. 18. Mileage-based user fees. (a) The following data pertaining to
6.7participation in the Minnesota road use test, as required by Laws 2007, chapter 143,
6.8article 1, section 3, subdivision 3, paragraph (a), clause (1), are classified as nonpublic
6.9or private data:
6.10(1) names of participants, participants' contact information, and data contained in
6.11applications for participation in the Minnesota road use test;
6.12(2) applications for the purchase, lease, or rental of the GPS navigation device;
6.13(3) participants' vehicle identification data;
6.14(4) financial and credit data; and
6.15(5) participants' road usage data.
6.16(b) Nothing in this section prohibits the production of summary data, as defined in
6.17section 13.02, subdivision 19, as it pertains to types of vehicles used and road usage
6.18data, as long as the participants' identities or any other characteristic that could uniquely
6.19identify participants are not ascertainable.
6.20(c) Notwithstanding section 13.03, subdivision 6, the Department of Transportation
6.21shall only produce the data made not public under this subdivision to federal, state, and
6.22local law enforcement authorities acting pursuant to a valid probable cause search warrant.
Sec. 8. Minnesota Statutes 2012, section 13.72, is amended by adding a subdivision to
6.25 Subd. 19. Construction manager/general contractor data. (a) When the
6.26Department of Transportation undertakes a construction manager/general contractor
6.27contract, as defined and authorized in sections 161.3207 to 161.3209, the provisions
6.28of this subdivision apply.
6.29(b) When the commissioner of transportation solicits a request for qualifications:
6.30(1) the following data are classified as protected nonpublic:
6.31(i) the statement of qualifications scoring evaluation manual; and
6.32(ii) the statement of qualifications evaluations;
6.33(2) the statement of qualifications submitted by a potential construction
6.34manager/general contractor is classified as nonpublic data; and
7.1(3) identifying information concerning the members of the Technical Review
7.2Committee is classified as private data.
7.3(c) When the commissioner of transportation announces the short list of qualified
7.4construction managers/general contractors, the following data become public:
7.5(1) the statement of qualifications scoring evaluation manual; and
7.6(2) the statement of qualifications evaluations.
7.7(d) When the commissioner of transportation solicits a request for proposals:
7.8(1) the proposal scoring manual is classified as protected nonpublic data; and
7.9(2) the following data are classified as nonpublic data:
7.10(i) the proposals submitted by a potential construction manager/general contractor;
7.12(ii) the proposal evaluations.
7.13(e) When the commissioner of transportation has completed the ranking of proposals
7.14and announces the selected construction manager/general contractor, the proposal
7.15evaluation score or rank and proposal evaluations become public data.
7.16(f) When the commissioner of transportation conducts contract negotiations
7.17with a construction manager/general contractor, government data created, collected,
7.18stored, and maintained during those negotiations are nonpublic data until a construction
7.19manager/general contractor contract is fully executed.
7.20(g) When the construction manager/general contractor contract is fully executed or
7.21when the commissioner of transportation decides to use another contract procurement
7.22process, other than the construction manager/general contractor authority, authorized
7.23under section 161.3209, subdivision 3, paragraph (b), all remaining data not already made
7.24public under this subdivision become public.
7.25(h) If the commissioner of transportation rejects all responses to a request for
7.26proposals before a construction manager/general contractor contract is fully executed, all
7.27data, other than that data made public under this subdivision, retains its classification
7.28until a resolicitation of the request for proposals results in a fully executed construction
7.29manager/general contractor contract or a determination is made to abandon the project. If
7.30a resolicitation of proposals does not occur within one year of the announcement of the
7.31request for proposals, the remaining data become public.
Sec. 9. Minnesota Statutes 2012, section 13.72, is amended by adding a subdivision to
7.34 Subd. 20. Transit customer data. (a) Data on applicants, users, and customers
7.35of public transit collected by or through the Metropolitan Council's personalized Web
8.1services or the regional fare collection system are private data on individuals. As used in
8.2this subdivision, the following terms have the meanings given them:
8.3(1) "regional fare collection system" means the fare collection system created and
8.4administered by the council that is used for collecting fares or providing fare cards or
8.5passes for transit services, which include:
8.6(i) regular route bus service within the metropolitan area and paratransit service,
8.7whether provided by the council or by other providers of regional transit service;
8.8(ii) light rail transit service within the metropolitan area;
8.9(iii) rideshare programs administered by the council;
8.10(iv) special transportation services provided under section 473.386; and
8.11(v) commuter rail service;
8.12(2) "personalized Web services" means services for which transit service applicants,
8.13users, and customers must establish a user account; and
8.14(3) "metropolitan area" means the area defined in section 473.121, subdivision 2.
8.15(b) The Metropolitan Council may disseminate data on user and customer transaction
8.16history and fare card use to government entities, organizations, school districts, educational
8.17institutions, and employers that subsidize or provide fare cards to their clients, students, or
8.18employees. "Data on user and customer transaction history and fare card use" includes only:
8.19(1) the date a fare card was used;
8.20(2) the time a fare card was used;
8.21(3) the mode of travel;
8.22(4) the type of fare product used; and
8.23(5) information about the date, time, and type of fare product purchased.
8.24Government entities, organizations, school districts, educational institutions, and
8.25employers may use customer transaction history and fare card use data only for
8.26the purposes of measuring and promoting fare card use and for evaluating the cost
8.27effectiveness of their fare card programs. If a user or customer requests in writing that
8.28the council limit the disclosure of transaction history and fare card use, the council may
8.29disclose only the card balance and the date a card was last used.
8.30(c) The Metropolitan Council may disseminate transit service applicant, user, and
8.32(1) to another government entity to prevent unlawful intrusion into government
8.34(2) to its Metropolitan Transit Police and other law enforcement agencies conducting
8.36(3) as otherwise provided by law.
9.1EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 10. [144.192] TREATMENT OF BIOLOGICAL SPECIMENS AND
9.3HEALTH DATA HELD BY THE DEPARTMENT OF HEALTH AND HEALTH
9.5 Subdivision 1. Definitions. (a) For purposes of this section, the following terms
9.6have the meanings given.
9.7(b) "Biological specimen" means tissue, fluids, excretions, or secretions that contain
9.8human DNA originating from an identifiable individual, either living or deceased.
9.9Biological specimen does not include infectious agents or chemicals that are isolated from a
9.10specimen. Nothing in this section or section 13.386 is intended to limit the commissioner's
9.11ability to collect, use, store, or disseminate such isolated infectious agents or chemicals.
9.12(c) "Health data" has the meaning given in section 13.3805, subdivision 1, paragraph
9.13(a), clause (2).
9.14(d) "Health oversight" means oversight of the health care system for activities
9.15authorized by law, limited to the following:
9.17(2) civil, administrative, or criminal investigations;
9.19(4) licensure or disciplinary actions;
9.20(5) civil, administrative, or criminal proceedings or actions; and
9.21(6) other activities necessary for appropriate oversight of the health care system and
9.22persons subject to such governmental regulatory programs for which biological specimens
9.23or health data are necessary for determining compliance with program standards.
9.24(e) "Individual" has the meaning given in section 13.02, subdivision 8. In addition,
9.25for a deceased individual, individual also means the representative of the decedent.
9.26(f) "Person" has the meaning given in section 13.02, subdivision 10.
9.27(g) "Program operations" means actions, testing, and procedures directly related to
9.28the operation of department programs, limited to the following:
9.29(1) diagnostic and confirmatory testing;
9.30(2) laboratory quality control assurance and improvement;
9.31(3) calibration of equipment;
9.32(4) evaluation and improvement of test accuracy;
9.33(5) method development and validation;
9.34(6) compliance with regulatory requirements; and
10.1(7) continuity of operations to ensure that testing continues in the event of an
10.3(h) "Public health practice" means actions related to disease, conditions, injuries,
10.4risk factors, or exposures taken to protect public health, limited to the following:
10.5(1) monitoring the health status of a population;
10.6(2) investigating occurrences and outbreaks;
10.7(3) comparing patterns and trends;
10.8(4) implementing prevention and control measures;
10.9(5) conducting program evaluations and making program improvements;
10.10(6) making recommendations concerning health for a population;
10.11(7) preventing or controlling known or suspected diseases and injuries; and
10.12(8) conducting other activities necessary to protect or improve the health of
10.13individuals and populations for which biological specimens or health data are necessary.
10.14(i) "Representative of the decedent" has the meaning given in section 13.10,
10.15subdivision 1, paragraph (c).
10.16(j) "Research" means activities that are not program operations, public health
10.17practice, or health oversight, and is otherwise defined in Code of Federal Regulations, title
10.1845, part 46, subpart A, section 46.102(d).
10.19 Subd. 2. Collection, use, storage, and dissemination. (a) The commissioner may
10.20collect, use, store, and disseminate biological specimens and health data, genetic or other,
10.21as provided in this section and as authorized under any other provision of applicable law,
10.22including any rules adopted on or before June 30, 2013. Any rules adopted after June 30,
10.232013, must be consistent with the requirements of this section.
10.24(b) The provisions in this section supplement other provisions of law and do not
10.25supersede or repeal other provisions of law applying to the collection, use, storage, or
10.26dissemination of biological specimens or health data.
10.27(c) For purposes of this section, genetic information is limited to biological
10.28specimens and health data.
10.29 Subd. 3. Biological specimens and health data for program operations, public
10.30health practice, and health oversight. (a) The commissioner may collect, use, store, and
10.31disseminate biological specimens and health data to conduct program operations activities,
10.32public health practice activities, and health oversight activities. Unless required under
10.33other applicable law, consent of an individual is not required under this subdivision.
10.34(b) With the approval of the commissioner, biological specimens may be
10.35disseminated to establish a diagnosis, to provide treatment, to identify persons at risk of
11.1illness, to conduct an epidemiologic investigation to control or prevent the spread of
11.2serious disease, or to diminish an imminent threat to the public health.
11.3(c) For purposes of Clinical Laboratory Improvement Amendments proficiency
11.4testing, the commissioner may disseminate de-identified biological specimens to state
11.5public health laboratories that agree, pursuant to contract, not to attempt to re-identify
11.6the biological specimens.
11.7(d) Health data may be disseminated as provided in section 13.3805, subdivision 1,
11.9 Subd. 4. Research. The commissioner may collect, use, store, and disseminate
11.10biological specimens and health data to conduct research in a manner that is consistent
11.11with the federal common rule for the protection of human subjects in Code of Federal
11.12Regulations, title 45, part 46.
11.13 Subd. 5. Storage of biological specimens and health data according to storage
11.14schedules. (a) The commissioner shall store health data according to section 138.17.
11.15(b) The commissioner shall store biological specimens according to a specimen
11.16storage schedule. The commissioner shall develop the storage schedule by July 1, 2013,
11.17and post it on the department's Web site.
11.18 Subd. 6. Secure storage of biological specimens. The commissioner shall establish
11.19appropriate security safeguards for the storage of biological specimens, with regard for
11.20the privacy of the individuals from whom the biological specimens originated, and store
11.21the biological specimens accordingly. When a biological specimen is disposed of, it
11.22must be destroyed in a way that prevents determining the identity of the individual from
11.23whom it originated.
11.24 Subd. 7. Applicability to health boards. The provisions of subdivisions 2; 3,
11.25paragraphs (a), (c), and (d); and 4 to 6 pertaining to the commissioner also apply to boards
11.26of health and community health boards organized under chapter 145A. These boards
11.27may also disseminate health data pursuant to section 13.3805, subdivision 1, paragraph
11.28(b), clause (2).
11.29EFFECTIVE DATE.This section is effective July 1, 2013.
Sec. 11. Minnesota Statutes 2012, section 144.966, subdivision 2, is amended to read:
Subd. 2. Newborn Hearing Screening Advisory Committee.
commissioner of health shall establish a Newborn Hearing Screening Advisory Committee
to advise and assist the Department of Health and the Department of Education in:
(1) developing protocols and timelines for screening, rescreening, and diagnostic
audiological assessment and early medical, audiological, and educational intervention
services for children who are deaf or hard-of-hearing;
(2) designing protocols for tracking children from birth through age three that may
have passed newborn screening but are at risk for delayed or late onset of permanent
(3) designing a technical assistance program to support facilities implementing the
screening program and facilities conducting rescreening and diagnostic audiological
(4) designing implementation and evaluation of a system of follow-up and tracking;
(5) evaluating program outcomes to increase effectiveness and efficiency and ensure
culturally appropriate services for children with a confirmed hearing loss and their families.
(b) The commissioner of health shall appoint at least one member from each of the
following groups with no less than two of the members being deaf or hard-of-hearing:
(1) a representative from a consumer organization representing culturally deaf
(2) a parent with a child with hearing loss representing a parent organization;
(3) a consumer from an organization representing oral communication options;
(4) a consumer from an organization representing cued speech communication
(5) an audiologist who has experience in evaluation and intervention of infants
and young children;
(6) a speech-language pathologist who has experience in evaluation and intervention
of infants and young children;
(7) two primary care providers who have experience in the care of infants and young
children, one of which shall be a pediatrician;
(8) a representative from the early hearing detection intervention teams;
(9) a representative from the Department of Education resource center for the deaf
and hard-of-hearing or the representative's designee;
(10) a representative of the Commission of Deaf, DeafBlind and Hard-of-Hearing
(11) a representative from the Department of Human Services Deaf and
Hard-of-Hearing Services Division;
(12) one or more of the Part C coordinators from the Department of Education, the
Department of Health, or the Department of Human Services or the department's designees;
(13) the Department of Health early hearing detection and intervention coordinators;
(14) two birth hospital representatives from one rural and one urban hospital;
(15) a pediatric geneticist;
(16) an otolaryngologist;
(17) a representative from the Newborn Screening Advisory Committee under
this subdivision; and
(18) a representative of the Department of Education regional low-incidence
The commissioner must complete the appointments required under this subdivision by
September 1, 2007.
(c) The Department of Health member shall chair the first meeting of the committee.
At the first meeting, the committee shall elect a chair from its membership. The committee
shall meet at the call of the chair, at least four times a year. The committee shall adopt
written bylaws to govern its activities. The Department of Health shall provide technical
and administrative support services as required by the committee. These services shall
include technical support from individuals qualified to administer infant hearing screening,
rescreening, and diagnostic audiological assessments.
Members of the committee shall receive no compensation for their service, but
shall be reimbursed as provided in section
for expenses incurred as a result of
their duties as members of the committee.
(d) This subdivision expires June 30,
Sec. 12. Minnesota Statutes 2012, section 144.966, subdivision 3, is amended to read:
Subd. 3. Early hearing detection and intervention programs.
shall establish an early hearing detection and intervention (EHDI) program. Each EHDI
(1) in advance of any hearing screening testing, provide to the newborn's or infant's
parents or parent information concerning the nature of the screening procedure, applicable
costs of the screening procedure, the potential risks and effects of hearing loss, and the
benefits of early detection and intervention;
(2) comply with parental consent under section
(3) develop policies and procedures for screening and rescreening based on
Department of Health recommendations;
(4) provide appropriate training and monitoring of individuals responsible for
performing hearing screening tests as recommended by the Department of Health;
(5) test the newborn's hearing prior to discharge, or, if the newborn is expected to
remain in the hospital for a prolonged period, testing shall be performed prior to three
months of age or when medically feasible;
(6) develop and implement procedures for documenting the results of all hearing
(7) inform the newborn's or infant's parents or parent, primary care physician, and
the Department of Health according to recommendations of the Department of Health of
the results of the hearing screening test or rescreening if conducted, or if the newborn or
infant was not successfully tested. The hospital that discharges the newborn or infant to
home is responsible for the screening; and
(8) collect performance data specified by the Department of Health.
14.12EFFECTIVE DATE.This section is effective July 1, 2013.
Sec. 13. Minnesota Statutes 2012, section 144.966, is amended by adding a subdivision
14.15 Subd. 8. Construction. Notwithstanding anything to the contrary, nothing in this
14.16section shall be construed as constituting newborn screening activities conducted under
14.17sections 144.125 to 144.128.
14.18EFFECTIVE DATE.This section is effective July 1, 2013.
Sec. 14. Minnesota Statutes 2012, section 144.966, is amended by adding a subdivision
14.21 Subd. 9. Data collected. Data collected by or submitted to the Department of
14.22Health pursuant to this section are not subject to section 144.125, subdivisions 6 to 9.
Sec. 15. Minnesota Statutes 2012, section 171.07, subdivision 1a, is amended to read:
Subd. 1a. Filing photograph or image; data classification.
The department shall
file, or contract to file, all photographs or electronically produced images obtained in the
process of issuing drivers' licenses or Minnesota identification cards. The photographs or
electronically produced images shall be private data pursuant to section
. Notwithstanding section
13.04, subdivision 3
, the department shall not be required
to provide copies of photographs or electronically produced images to data subjects.
The use of the files is restricted:
(1) to the issuance and control of drivers' licenses;
(2) to criminal justice agencies, as defined in section
299C.46, subdivision 2
, for the
investigation and prosecution of crimes, service of process, enforcement of no contact
orders, location of missing persons, investigation and preparation of cases for criminal,
juvenile, and traffic court, and supervision of offenders;
(3) to public defenders, as defined in section
, for the investigation and
preparation of cases for criminal, juvenile, and traffic courts;
(4) to child support enforcement purposes under section
15.8(5) to a county medical examiner or coroner as required by section 390.005 as
15.9necessary to fulfill the duties under sections 390.11 and 390.25.
Sec. 16. Minnesota Statutes 2012, section 268.19, subdivision 1, is amended to read:
Subdivision 1. Use of data.
(a) Except as provided by this section, data gathered
from any person under the administration of the Minnesota Unemployment Insurance Law
are private data on individuals or nonpublic data not on individuals as defined in section
, subdivisions 9 and 12, and may not be disclosed except according to a district court
order or section
. A subpoena is not considered a district court order. These data
may be disseminated to and used by the following agencies without the consent of the
subject of the data:
(1) state and federal agencies specifically authorized access to the data by state
or federal law;
(2) any agency of any other state or any federal agency charged with the
administration of an unemployment insurance program;
(3) any agency responsible for the maintenance of a system of public employment
offices for the purpose of assisting individuals in obtaining employment;
(4) the public authority responsible for child support in Minnesota or any other
state in accordance with section
(5) human rights agencies within Minnesota that have enforcement powers;
(6) the Department of Revenue to the extent necessary for its duties under Minnesota
(7) public and private agencies responsible for administering publicly financed
assistance programs for the purpose of monitoring the eligibility of the program's recipients;
(8) the Department of Labor and Industry and the Division of Insurance Fraud
Prevention in the Department of Commerce for uses consistent with the administration of
their duties under Minnesota law;
(9) local and state welfare agencies for monitoring the eligibility of the data subject
for assistance programs, or for any employment or training program administered by those
agencies, whether alone, in combination with another welfare agency, or in conjunction
with the department or to monitor and evaluate the statewide Minnesota family investment
program by providing data on recipients and former recipients of food stamps or food
support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance
under chapter 119B, or medical programs under chapter 256B, 256D, or 256L;
(10) local and state welfare agencies for the purpose of identifying employment,
wages, and other information to assist in the collection of an overpayment debt in an
(11) local, state, and federal law enforcement agencies for the purpose of ascertaining
the last known address and employment location of an individual who is the subject of
a criminal investigation;
(12) the United States Immigration and Customs Enforcement has access to data on
specific individuals and specific employers provided the specific individual or specific
employer is the subject of an investigation by that agency;
(13) the Department of Health for the purposes of epidemiologic investigations;
(14) the Department of Corrections for the purpose of case planning for preprobation
16.17and postprobation employment tracking of offenders sentenced to probation and
preconfinement and postconfinement employment tracking of committed offenders
16.19 the purpose of case planning
(15) the state auditor to the extent necessary to conduct audits of job opportunity
building zones as required under section
(b) Data on individuals and employers that are collected, maintained, or used by
the department in an investigation under section
are confidential as to data
on individuals and protected nonpublic data not on individuals as defined in section
, subdivisions 3 and 13, and must not be disclosed except under statute or district
court order or to a party named in a criminal proceeding, administrative or judicial, for
preparation of a defense.
(c) Data gathered by the department in the administration of the Minnesota
unemployment insurance program must not be made the subject or the basis for any
suit in any civil proceedings, administrative or judicial, unless the action is initiated by
Sec. 17. Minnesota Statutes 2012, section 299C.11, subdivision 1, is amended to read:
Subdivision 1. Identification data other than DNA.
(a) Each sheriff and chief of
police shall furnish the bureau, upon such form as the superintendent shall prescribe, with
such finger and thumb prints, photographs, distinctive physical mark identification data,
information on known aliases and street names, and other identification data as may be
requested or required by the superintendent of the bureau, which must be taken under the
provisions of section
. In addition, sheriffs and chiefs of police shall furnish this
identification data to the bureau for individuals found to have been convicted of a felony,
gross misdemeanor, or targeted misdemeanor, within the ten years immediately preceding
their arrest. When the bureau learns that an individual who is the subject of a background
check has used, or is using, identifying information, including, but not limited to, name
and date of birth, other than those listed on the criminal history, the bureau may add the
new identifying information to the criminal history when supported by fingerprints.
(b) No petition under chapter 609A is required if the person has not been convicted
of any felony or gross misdemeanor, either within or without the state, within the period
of ten years immediately preceding the determination of all pending criminal actions or
proceedings in favor of the arrested person, and either of the following occurred:
(1) all charges were dismissed prior to a determination of probable cause; or
(2) the prosecuting authority declined to file any charges and a grand jury did not
return an indictment.
Where these conditions are met, the bureau or agency shall, upon demand,
finger and thumb prints, photographs, distinctive
physical mark identification data, information on known aliases and street names, and
other identification data, and all copies and duplicates of them.
(c) Except as otherwise provided in paragraph (b), upon the determination of all
pending criminal actions or proceedings in favor of the arrested person, and the granting
of the petition of the arrested person under chapter 609A, the bureau shall seal finger and
thumb prints, photographs, distinctive physical mark identification data, information on
known aliases and street names, and other identification data, and all copies and duplicates
of them if the arrested person has not been convicted of any felony or gross misdemeanor,
either within or without the state, within the period of ten years immediately preceding
Sec. 18. Minnesota Statutes 2012, section 299C.46, subdivision 1, is amended to read:
Subdivision 1. Establishment
The commissioner of public safety
shall establish a criminal justice data communications network
17.32 interconnection of the criminal justice agencies within the state provide secure access to
17.33systems and services available from or through the Bureau of Criminal Apprehension
commissioner of public safety is authorized to lease or purchase facilities and equipment
as may be necessary to establish and maintain the data communications network.
Sec. 19. Minnesota Statutes 2012, section 299C.46, subdivision 2, is amended to read:
Subd. 2. Criminal justice agency defined.
For the purposes of sections
, "criminal justice agency" means an agency of the state or
an agency of
political subdivision or the federal government
charged with detection, enforcement,
prosecution, adjudication or incarceration in respect to the criminal or traffic laws of this
state. This definition also includes all sites identified and licensed as a detention facility
by the commissioner of corrections under section
241.021 and those federal agencies that
18.8serve part or all of the state from an office located outside the state
Sec. 20. Minnesota Statutes 2012, section 299C.46, subdivision 2a, is amended to read:
Subd. 2a. Noncriminal justice agency defined.
For the purposes of sections
, "noncriminal justice agency" means an agency of
18.12 agency of
a political subdivision of
state charged with the responsibility of performing
checks of state databases connected to the criminal justice data communications network.
Sec. 21. Minnesota Statutes 2012, section 299C.46, subdivision 3, is amended to read:
Subd. 3. Authorized use, fee.
(a) The criminal justice data communications
network shall be used exclusively by:
(1) criminal justice agencies in connection with the performance of duties required
(2) agencies investigating federal security clearances of individuals for assignment
or retention in federal employment with duties related to national security, as required by
Public Law 99-169 United States Code, title 5, section 9101
(3) other agencies to the extent necessary to provide for protection of the public or
an a declared
emergency or disaster situation;
(4) noncriminal justice agencies statutorily mandated, by state or national law, to
conduct checks into state databases prior to disbursing licenses or providing benefits;
(5) the public authority responsible for child support enforcement in connection
with the performance of its duties;
(6) the public defender, as provided in section
(7) a county attorney or the attorney general, as the county attorney's designee, for
the purpose of determining whether a petition for the civil commitment of a proposed
patient as a sexual psychopathic personality or as a sexually dangerous person should be
filed, and during the pendency of the commitment proceedings
19.1(8) an agency of the state or a political subdivision whose access to systems or
19.2services provided from or through the Bureau of Criminal Apprehension is specifically
19.3authorized by federal law or regulation or state statute; and
19.4(9) a court for access to data as authorized by federal law or regulation or state
19.5statute and related to the disposition of a pending case.
(b) The commissioner of public safety shall establish a monthly network access
charge to be paid by each participating criminal justice agency. The network access
charge shall be a standard fee established for each terminal, computer, or other equipment
directly addressable by the data communications network, as follows: January 1, 1984
to December 31, 1984, $40 connect fee per month; January 1, 1985 and thereafter, $50
connect fee per month.
(c) The commissioner of public safety is authorized to arrange for the connection
of the data communications network with the criminal justice information system of
the federal government, any
Canada country for the secure exchange
19.15of information for any of the purposes authorized in paragraph (a), clauses (1), (2), (3),
19.16(8), and (9)
19.17(d) Prior to establishing a secure connection, a criminal justice agency must:
19.18(1) agree to comply with all applicable policies governing access to, submission of,
19.19or use of the data;
19.20(2) meet the Bureau of Criminal Apprehension's security requirements;
19.21(3) agree to pay any required fees; and
19.22(4) conduct fingerprint-based state and national background checks on its employees
19.23and contractors as required by the Federal Bureau of Investigation.
19.24(e) Prior to establishing a secure connection, a noncriminal justice agency must:
19.25(1) agree to comply with all applicable policies governing access to, submission of,
19.26or use of the data;
19.27(2) meet the Bureau of Criminal Apprehension's security requirements;
19.28(3) agree to pay any required fees; and
19.29(4) conduct fingerprint-based state and national background checks on its employees
19.31(f) Those noncriminal justice agencies that do not have a secure network connection
19.32yet receive data either retrieved over the secure network by an authorized criminal justice
19.33agency or as a result of a state or federal criminal history records check shall conduct a
19.34background check as provided in paragraph (g) of those individuals who receive and
19.35review the data to determine another individual's eligibility for employment, housing, a
19.36license, or another legal right dependent on a statutorily-mandated background check.
20.1(g) The background check required by paragraph (e) or (f) is accomplished by
20.2submitting a request to the superintendent of the Bureau of Criminal Apprehension
20.3that includes a signed, written consent for the Minnesota and national criminal history
20.4records check, fingerprints, and the required fee. The superintendent may exchange
20.5the fingerprints with the Federal Bureau of Investigation for purposes of obtaining the
20.6individual's national criminal history record information.
20.7The superintendent shall return the results of the national criminal history records check to
20.8the noncriminal justice agency to determine if the individual is qualified to have access to
20.9state and federal criminal history record information or the secure network. An individual
20.10is disqualified when the state and federal criminal history record information shows any of
20.11the disqualifiers that the individual will apply to the records of others.
20.12When the individual is to have access to the secure network, the noncriminal justice
20.13agency will review the criminal history of each employee or contractor with the Criminal
20.14Justice Information Services systems officer at the Bureau of Criminal Apprehension, or
20.15the officer's designee, to determine if the employee or contractor qualifies for access to the
20.16secure network. The Criminal Justice Information Services systems officer or the designee
20.17will make the access determination based on Federal Bureau of Investigation policy and
20.18Bureau of Criminal Apprehension policy.
Sec. 22. [299C.72] MINNESOTA CRIMINAL HISTORY CHECKS.
20.20 Subdivision 1. Definitions. For purposes of this section, the following terms have
20.21the meanings given.
20.22(a) "Applicant for employment" means an individual who seeks either county or city
20.23employment or has applied to serve as a volunteer in the county or city.
20.24(b) "Applicant for licensure" means an individual who seeks a license issued by the
20.25county or city which is not subject to a federal or state-mandated background check.
20.26(c) "Authorized law enforcement agency" means the county sheriff for checks
20.27conducted for county purposes, the police department for checks conducted for city
20.28purposes, or the county sheriff for checks conducted for city purposes where there is no
20.30(d) "Criminal history check" means retrieval of criminal history data via the secure
20.31network described in section 299C.46.
20.32(e) "Criminal history data" means adult convictions and adult open arrests less than
20.33one year old found in the Minnesota computerized criminal history repository.
20.34(f) "Informed consent" has the meaning given in section 13.05, subdivision 4,
21.1 Subd. 2. Criminal history check authorized. (a) The criminal history check
21.2authorized by this section cannot be used in place of a statutorily-mandated or authorized
21.4(b) An authorized law enforcement agency may conduct a criminal history check
21.5of an individual who is an applicant for employment or applicant for licensure. Prior
21.6to conducting the criminal history check, the authorized law enforcement agency must
21.7receive the informed consent of the individual.
21.8(c) The authorized law enforcement agency cannot disseminate criminal history
21.9data and must maintain the data securely with the agency's office. The authorized law
21.10enforcement agency can indicate whether the applicant for employment or applicant for
21.11licensure has a criminal history that would prevent hire or acceptance as a volunteer
21.12to a hiring authority, or would prevent the issuance of a license to the department that
21.13issues the license.
Sec. 23. Minnesota Statutes 2012, section 299F.035, subdivision 1, is amended to read:
Subdivision 1. Definitions.
(a) The definitions in this subdivision apply to this
has the meaning given in section
21.18adult convictions and juvenile adjudications
"Criminal justice agency" has the meaning given in section
"Fire department" has the meaning given in section
299N.01, subdivision 2
"Private data" has the meaning given in section
13.02, subdivision 12
Sec. 24. Minnesota Statutes 2012, section 299F.035, subdivision 2, is amended to read:
Subd. 2. Plan for access to data.
The superintendent of the Bureau of Criminal
21.25 Apprehension, in consultation with the state fire marshal, shall develop and implement
21.26 a plan for fire departments to have access to criminal history data A background check
21.27must be conducted on all applicants for employment and may be conducted on current
21.28employees at a fire department. The fire chief must conduct a Minnesota criminal history
21.29record check. For applicants for employment who have lived in Minnesota for less than
21.30five years, or on the request of the fire chief, a national criminal history record check
21.31must also be conducted
(b) The plan must include:
21.33 (1) security procedures to prevent unauthorized use or disclosure of private data; and
22.1 (2) a procedure for the hiring or employing authority in each fire department to
22.2 fingerprint job applicants or employees, submit requests to the Bureau of Criminal
22.3 Apprehension, and obtain state and federal criminal history data reports for a nominal fee.
22.4(b) For a Minnesota criminal history record check, the fire chief must either (i)
22.5submit the signed informed consent of the applicant or employee and the required fee to
22.6the superintendent, or (ii) submit the signed informed consent to the chief of police. The
22.7superintendent or chief must retrieve Minnesota criminal history data and provide the
22.8data to the fire chief for review.
22.9(c) For a national criminal history record check, the fire chief must submit the
22.10signed informed consent and fingerprints of the applicant or employee, and the required
22.11fee, to the superintendent. The superintendent may exchange the fingerprints with the
22.12Federal Bureau of Investigation to obtain the individual's national criminal history record
22.13information. The superintendent must return the results of the national criminal history
22.14record check to the fire chief for the purpose of determining if the applicant is qualified to
22.15be employed or if a current employee is able to retain the employee's position.
Sec. 25. Minnesota Statutes 2012, section 299F.77, is amended to read:
22.17299F.77 ISSUANCE TO CERTAIN PERSONS PROHIBITED.
22.18 Subdivision 1. Disqualifiers.
The following persons shall not be entitled to receive
an explosives license or permit:
(1) a person under the age of 18 years;
(2) a person who has been convicted in this state or elsewhere of a crime of violence,
as defined in section
299F.72, subdivision 1b
, unless ten years have elapsed since the
person's civil rights have been restored or the sentence has expired, whichever occurs first,
and during that time the person has not been convicted of any other crime of violence. For
purposes of this section, crime of violence includes crimes in other states or jurisdictions
that would have been crimes of violence if they had been committed in this state;
(3) a person who is or has ever been confined or committed in Minnesota or
elsewhere as a person who is mentally ill, developmentally disabled, or mentally ill and
dangerous to the public, as defined in section
, to a treatment facility, unless the
person possesses a certificate of a medical doctor or psychiatrist licensed in Minnesota, or
other satisfactory proof, that the person is no longer suffering from this disability;
(4) a person who has been convicted in Minnesota or elsewhere for the unlawful
use, possession, or sale of a controlled substance other than conviction for possession of
a small amount of marijuana, as defined in section
152.01, subdivision 16
, or who is or
has ever been hospitalized or committed for treatment for the habitual use of a controlled
substance or marijuana, as defined in sections
, unless the person
possesses a certificate of a medical doctor or psychiatrist licensed in Minnesota, or other
satisfactory proof, that the person has not abused a controlled substance or marijuana
during the previous two years; and
(5) a person who has been confined or committed to a treatment facility in Minnesota
or elsewhere as chemically dependent, as defined in section
, unless the person
has completed treatment.
23.8 Subd. 2. Background check. (a) For licenses issued by the commissioner under
23.9section 299F.73, the applicant for licensure must provide the commissioner with all
23.10of the information required by Code of Federal Regulations, title 28, section 25.7.
23.11The commissioner will forward the information to the superintendent of the Bureau of
23.12Criminal Apprehension so that criminal records, histories, and warrant information on the
23.13applicant can be retrieved from the Minnesota Crime Information System and the National
23.14Instant Criminal Background Check System, as well as the civil commitment records
23.15maintained by the Department of Human Services. The results must be returned to the
23.16commissioner to determine if the individual applicant is qualified to receive a license.
23.17(b) For permits issued by a county sheriff or chief of police under section 299F.75,
23.18the applicant for a permit must provide the county sheriff or chief of police with all of
23.19the information required by Code of Federal Regulations, title 28, section 25.7. The
23.20county sheriff or chief of police must check, by means of electronic data transfer, criminal
23.21records, histories, and warrant information on each applicant through the Minnesota Crime
23.22Information System and the National Instant Criminal Background Check System, as
23.23well as the civil commitment records maintained by the Department of Human Services.
23.24The county sheriff or police chief shall use the results of the query to determine if the
23.25individual applicant is qualified to receive a permit.
Sec. 26. Minnesota Statutes 2012, section 340A.301, subdivision 2, is amended to read:
Subd. 2. Persons eligible. (a)
Licenses under this section may be issued only to
a person who:
(1) is of good moral character and repute;
(2) is 21 years of age or older;
(3) has not had a license issued under this chapter revoked within five years of the
date of license application, or to any person who at the time of the violation owns any
interest, whether as a holder of more than five percent of the capital stock of a corporation
licensee, as a partner or otherwise, in the premises or in the business conducted thereon,
or to a corporation, partnership, association, enterprise, business, or firm in which any
such person is in any manner interested; and
(4) has not been convicted within five years of the date of license application of a
felony, or of a willful violation of a federal or state law, or local ordinance governing
the manufacture, sale, distribution, or possession for sale or distribution of alcoholic
beverages. The Alcohol and Gambling Enforcement Division may require that fingerprints
be taken and may forward the fingerprints to the Federal Bureau of Investigation for
purposes of a criminal history check.
24.9(b) In order to determine if an individual has a felony or willful violation of federal
24.10or state law governing the manufacture, sale, distribution, or possession for sale or
24.11distribution of an alcoholic beverage, the applicant for a license to manufacture or sell at
24.12wholesale must provide the commissioner with the applicant's signed, written informed
24.13consent to conduct a background check. The commissioner may query the Minnesota
24.14criminal history repository for records on the applicant. If the commissioner conducts a
24.15national criminal history record check, the commissioner must obtain fingerprints from
24.16the applicant and forward them and the required fee to the superintendent of the Bureau
24.17of Criminal Apprehension. The superintendent may exchange the fingerprints with the
24.18Federal Bureau of Investigation for purposes of obtaining the applicant's national criminal
24.19history record information. The superintendent shall return the results of the national
24.20criminal history records check to the commissioner for the purpose of determining if the
24.21applicant is qualified to receive a license.
Sec. 27. Minnesota Statutes 2012, section 340A.402, is amended to read:
24.23340A.402 PERSONS ELIGIBLE.
24.24 Subdivision 1. Disqualifiers.
No retail license may be issued to:
(1) a person under 21 years of age;
(2) a person who has had an intoxicating liquor or 3.2 percent malt liquor license
revoked within five years of the license application, or to any person who at the time of
the violation owns any interest, whether as a holder of more than five percent of the capital
stock of a corporation licensee, as a partner or otherwise, in the premises or in the business
conducted thereon, or to a corporation, partnership, association, enterprise, business, or
firm in which any such person is in any manner interested;
(3) a person not of good moral character and repute; or
(4) a person who has a direct or indirect interest in a manufacturer, brewer, or
In addition, no new retail license may be issued to, and the governing body of a
municipality may refuse to renew the license of, a person who, within five years of the
license application, has been convicted of a felony or a willful violation of a federal or
state law or local ordinance governing the manufacture, sale, distribution, or possession
for sale or distribution of an alcoholic beverage. The Alcohol and Gambling Enforcement
Division or licensing authority may require that fingerprints be taken and forwarded to the
Federal Bureau of Investigation for purposes of a criminal history check.
25.8 Subd. 2. Background check. (a) A retail liquor license may be issued by a city,
25.9a county, or the commissioner. The chief of police is responsible for the background
25.10checks prior to a city issuing a retail liquor license. A county sheriff is responsible for the
25.11background checks prior to the county issuing a retail liquor license and for those cities
25.12that do not have a police department. The commissioner is responsible for the background
25.13checks prior to the state issuing a retail liquor license.
25.14(b) The applicant for a retail license must provide the appropriate authority with
25.15the applicant's signed, written informed consent to conduct a background check. The
25.16appropriate authority is authorized to query the Minnesota criminal history repository for
25.17records on the applicant. If the appropriate authority conducts a national criminal history
25.18records check, the appropriate authority must obtain fingerprints from the applicant
25.19and forward the fingerprints and the required fee to the superintendent of the Bureau
25.20of Criminal Apprehension. The superintendent may exchange the fingerprints with the
25.21Federal Bureau of Investigation for purposes of obtaining the applicant's national criminal
25.22history record information. The superintendent shall return the results of the national
25.23criminal history records check to the appropriate authority for the purpose of determining
25.24if the applicant is qualified to receive a license.
Sec. 28. Minnesota Statutes 2012, section 611A.203, subdivision 4, is amended to read:
Subd. 4. Duties; access to data.
(a) The domestic fatality review team shall collect,
review, and analyze death certificates and death data, including investigative reports,
medical and counseling records, victim service records, employment records, child abuse
reports, or other information concerning domestic violence deaths, survivor interviews
and surveys, and other information deemed by the team as necessary and appropriate
concerning the causes and manner of domestic violence deaths.
(b) The review team has access to the following not public data, as defined in
13.02, subdivision 8a
, relating to a case being reviewed by the team: inactive
law enforcement investigative data under section
; autopsy records and coroner or
medical examiner investigative data under section
; hospital, public health, or other
medical records of the victim under section
; records under section
by social service agencies that provided services to the victim, the alleged perpetrator, or
another victim who experienced or was threatened with domestic abuse by the perpetrator;
and child maltreatment records under section
, relating to the victim or a family or
household member of the victim. Access to medical records under this paragraph also
includes records governed by sections
. The review team has access to
26.7corrections and detention data as provided in section 13.85.
(c) As part of any review, the domestic fatality review team may compel the
production of other records by applying to the district court for a subpoena, which will be
effective throughout the state according to the Rules of Civil Procedure.
26.11EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 29. REPEALER.
26.13Minnesota Statutes 2012, section 299A.28, is repealed.