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HF 739

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
  1.1                          A bill for an act 
  1.2             relating to government data practices; classifying and 
  1.3             regulating use and release of certain government data; 
  1.4             modifying certain attorney fees; authorizing the 
  1.5             commissioner of administration to issue written 
  1.6             opinions regarding compliance with the law; 
  1.7             classifying certain data relating to electronic 
  1.8             transmissions with the state lottery; amending 
  1.9             Minnesota Statutes 2002, sections 13.072, subdivisions 
  1.10            1, 2; 13.08, subdivision 4; 13.32, subdivision 8, by 
  1.11            adding a subdivision; 13.37, subdivision 3; 13.3805, 
  1.12            subdivision 1; 13.3806, subdivision 1; 13.384, 
  1.13            subdivision 3; 13.43, subdivision 1; 13.46, 
  1.14            subdivision 2; 13.461, subdivision 1; 13.462, 
  1.15            subdivision 2; 13.643, by adding a subdivision; 
  1.16            13.746, subdivision 3; 13.785, subdivision 2; 13.85, 
  1.17            subdivision 2; 16C.06, by adding a subdivision; 
  1.18            16C.10, subdivision 7; 196.08; 197.603, subdivision 2; 
  1.19            268.19, by adding a subdivision; 307.08, by adding a 
  1.20            subdivision; 349A.08, subdivision 9; 386.20, 
  1.21            subdivision 1; proposing coding for new law in 
  1.22            Minnesota Statutes, chapter 13; repealing Minnesota 
  1.23            Statutes 2002, sections 13.6401, subdivision 4; 
  1.24            270B.03, subdivision 8; Laws 2001, First Special 
  1.25            Session chapter 10, article 2, section 40. 
  1.27     Section 1.  Minnesota Statutes 2002, section 13.072, 
  1.28  subdivision 1, is amended to read: 
  1.29     Subdivision 1.  [OPINION; WHEN REQUIRED.] (a) Upon request 
  1.30  of a state agency, statewide system, or political 
  1.31  subdivision government entity, the commissioner may give a 
  1.32  written opinion on any question relating to public access to 
  1.33  government data, rights of subjects of data, or classification 
  1.34  of data under this chapter or other Minnesota statutes governing 
  1.35  government data practices.  Upon request of any person who 
  2.1   disagrees with a determination regarding data practices made by 
  2.2   a state agency, statewide system, or political 
  2.3   subdivision government entity, the commissioner may give a 
  2.4   written opinion regarding the person's rights as a subject of 
  2.5   government data or right to have access to government data.  
  2.6      (b) Upon request of a body subject to chapter 13D, the 
  2.7   commissioner may give a written opinion on any question relating 
  2.8   to the body's duties under chapter 13D.  Upon request of a 
  2.9   person who disagrees with the manner in which members of a 
  2.10  governing body perform their duties under chapter 13D, the 
  2.11  commissioner may give a written opinion on compliance with 
  2.12  chapter 13D.  A governing body or person requesting an opinion 
  2.13  under this paragraph must pay the commissioner a fee of $........
  2.14     (c) If the commissioner determines that no opinion will be 
  2.15  issued, the commissioner shall give the state agency, statewide 
  2.16  system, political subdivision, government entity or body subject 
  2.17  to chapter 13D or person requesting the opinion notice of the 
  2.18  decision not to issue the opinion within five days of receipt of 
  2.19  the request.  If this notice is not given, the commissioner 
  2.20  shall issue an opinion within 20 days of receipt of the request. 
  2.21     (d) For good cause and upon written notice to the person 
  2.22  requesting the opinion, the commissioner may extend this 
  2.23  deadline for one additional 30-day period.  The notice must 
  2.24  state the reason for extending the deadline.  The state agency, 
  2.25  statewide system, government entity or political subdivision the 
  2.26  members of a body subject to chapter 13D must be provided a 
  2.27  reasonable opportunity to explain the reasons for its decision 
  2.28  regarding the data or how they perform their duties under 
  2.29  chapter 13D.  The commissioner or the state agency, statewide 
  2.30  system, government entity or political subdivision body subject 
  2.31  to chapter 13D may choose to give notice to the subject of the 
  2.32  data concerning the dispute regarding the data or compliance 
  2.33  with chapter 13D. 
  2.34     (b) (e) This section does not apply to a determination made 
  2.35  by the commissioner of health under section 13.3805, subdivision 
  2.36  1, paragraph (b), or 144.6581. 
  3.1      (c) (f) A written opinion issued by the attorney general 
  3.2   shall take precedence over an opinion issued by the commissioner 
  3.3   under this section. 
  3.4      Sec. 2.  Minnesota Statutes 2002, section 13.072, 
  3.5   subdivision 2, is amended to read: 
  3.6      Subd. 2.  [EFFECT.] Opinions issued by the commissioner 
  3.7   under this section are not binding on the state agency, 
  3.8   statewide system, government entity or political subdivision 
  3.9   members of a body subject to chapter 13D whose data or 
  3.10  performance of duties is the subject of the opinion, but an 
  3.11  opinion described in subdivision 1, paragraph (a), must be given 
  3.12  deference by a court in a proceeding involving the data.  The 
  3.13  commissioner shall arrange for public dissemination of opinions 
  3.14  issued under this section.  This section does not preclude a 
  3.15  person from bringing any other action under this chapter or 
  3.16  other law in addition to or instead of requesting a written 
  3.17  opinion.  A government entity, members of a body subject to 
  3.18  chapter 13D, or person that acts in conformity with a written 
  3.19  opinion of the commissioner issued to the government entity, 
  3.20  members, or person or to another party is not liable for 
  3.21  compensatory or exemplary damages or awards of attorneys fees in 
  3.22  actions under section 13.08 or for a penalty under section 13.09 
  3.23  or for fines, awards of attorney fees, or any other penalty 
  3.24  under chapter 13D.  A member of a body subject to chapter 13D is 
  3.25  not subject to forfeiture of office if the member was acting in 
  3.26  reliance on an opinion. 
  3.27     Sec. 3.  Minnesota Statutes 2002, section 13.08, 
  3.28  subdivision 4, is amended to read: 
  3.29     Subd. 4.  [ACTION TO COMPEL COMPLIANCE.] (a) In addition to 
  3.30  the remedies provided in subdivisions 1 to 3 or any other law, 
  3.31  any aggrieved person seeking to enforce the person's rights 
  3.32  under this chapter or obtain access to data may bring an action 
  3.33  in district court to compel compliance with this chapter and may 
  3.34  recover costs and disbursements, including reasonable attorney's 
  3.35  fees, as determined by the court.  If the court determines that 
  3.36  an action brought under this subdivision is frivolous and 
  4.1   without merit and a basis in fact, it may award reasonable costs 
  4.2   and attorney fees to the responsible authority.  If the court 
  4.3   issues an order to compel compliance under this subdivision, the 
  4.4   court may impose a civil penalty of up to $300 against the 
  4.5   government entity.  This penalty is payable to the state general 
  4.6   fund and is in addition to damages under subdivision 1.  The 
  4.7   matter shall be heard as soon as possible.  In an action 
  4.8   involving a request for government data under section 13.03 or 
  4.9   13.04, the court may inspect in camera the government data in 
  4.10  dispute, but shall conduct its hearing in public and in a manner 
  4.11  that protects the security of data classified as not public.  If 
  4.12  the court issues an order to compel compliance under this 
  4.13  subdivision, the court shall forward a copy of the order to the 
  4.14  commissioner of administration. 
  4.15     (b) In determining whether to assess a civil penalty under 
  4.16  this subdivision, the court shall consider whether the 
  4.17  government entity has substantially complied with general data 
  4.18  practices under this chapter, including but not limited to, 
  4.19  whether the government entity has:  
  4.20     (1) designated a responsible authority under section 13.02, 
  4.21  subdivision 16; 
  4.22     (2) designated a data practices compliance official under 
  4.23  section 13.05, subdivision 13; 
  4.24     (3) prepared the public document that names the responsible 
  4.25  authority and describes the records and data on individuals that 
  4.26  are maintained by the government entity under section 13.05, 
  4.27  subdivision 1; 
  4.28     (4) developed public access procedures under section 13.03, 
  4.29  subdivision 2; procedures to guarantee the rights of data 
  4.30  subjects under section 13.05, subdivision 8; and procedures to 
  4.31  ensure that data on individuals are accurate and complete and to 
  4.32  safeguard the data's security under section 13.05, subdivision 
  4.33  5; 
  4.34     (5) sought an oral, written, or electronic opinion from the 
  4.35  commissioner of administration related to the matter at issue 
  4.36  and acted in conformity with that opinion or acted in conformity 
  5.1   with an opinion issued under section 13.072 that was sought by 
  5.2   another person; or 
  5.3      (6) provided ongoing training to government entity 
  5.4   personnel who respond to requests under this chapter. 
  5.5      (c) The court shall award reasonable attorney fees to a 
  5.6   prevailing plaintiff who has brought an action under this 
  5.7   subdivision if the government entity that is the defendant in 
  5.8   the action was also the subject of a written opinion issued 
  5.9   under section 13.072 and the court finds that the opinion is 
  5.10  directly related to the cause of action being litigated and that 
  5.11  the government entity did not act in conformity with the opinion.
  5.12     Sec. 4.  [13.15] [COMPUTER DATA.] 
  5.13     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  5.14  following terms have the meanings given. 
  5.15     (a) [ELECTRONIC ACCESS DATA.] "Electronic access data" 
  5.16  means data created, collected, or maintained about a person's 
  5.17  access to a government entity's computer for the purpose of:  
  5.18     (1) gaining access to data or information; 
  5.19     (2) transferring data or information; or 
  5.20     (3) using government services. 
  5.21     (b) [COOKIE.] "Cookie" means any data that a 
  5.22  government-operated computer electronically places on the 
  5.23  computer of a person who has gained access to a government 
  5.24  computer.  
  5.25     Subd. 2.  [CLASSIFICATION OF DATA.] Electronic access data 
  5.26  are private data on individuals or nonpublic data. 
  5.27     Subd. 3.  [NOTICE; REFUSAL TO ACCEPT COOKIE.] (a) A 
  5.28  government entity that creates, collects, or maintains 
  5.29  electronic access data or uses its computer to install a cookie 
  5.30  on a person's computer must inform persons gaining access to the 
  5.31  entity's computer of the creation, collection, or maintenance of 
  5.32  electronic access data or the entity's use of cookies before 
  5.33  requiring the person to provide any data about the person to the 
  5.34  government entity.  As part of that notice, the government 
  5.35  entity must inform the person how the data will be used and 
  5.36  disseminated, including the uses and disseminations in 
  6.1   subdivision 4. 
  6.2      (b) Notwithstanding a person's refusal to accept a cookie 
  6.3   on the person's computer, a government entity must allow the 
  6.4   person to gain access to data or information, transfer data or 
  6.5   information, or use government services by the government 
  6.6   entity's computer. 
  6.7      Subd. 4.  [USE OF ELECTRONIC ACCESS DATA.] Electronic 
  6.8   access data may be disseminated: 
  6.9      (1) to the commissioner for the purpose of evaluating 
  6.10  electronic government services; 
  6.11     (2) to another government entity to prevent unlawful 
  6.12  intrusions into government electronic systems; or 
  6.13     (3) as otherwise provided by law. 
  6.14     Sec. 5.  Minnesota Statutes 2002, section 13.32, is amended 
  6.15  by adding a subdivision to read: 
  6.16     Subd. 4a.  [NONPUBLIC SCHOOL STUDENTS.] Data collected by a 
  6.17  public school on a child, or parent of a child, whose identity 
  6.18  must be reported pursuant to section 120A.24 is private data 
  6.19  which: 
  6.20     (1) shall not be designated directory information pursuant 
  6.21  to subdivision 5 unless prior written consent is given by the 
  6.22  child's parent or guardian; and 
  6.23     (2) may be disclosed only pursuant to subdivision 3, clause 
  6.24  (a), (b), (c), or (f). 
  6.25     This provision does not apply to students who receive 
  6.26  shared time educational services from a public agency or 
  6.27  institution. 
  6.28     Sec. 6.  Minnesota Statutes 2002, section 13.32, 
  6.29  subdivision 8, is amended to read: 
  6.30     Subd. 8.  [ACCESS BY JUVENILE JUSTICE SYSTEM.] (a) Upon 
  6.31  request, the following education data shall be disclosed under 
  6.32  subdivision 3, clause (i), to the juvenile justice system:  a 
  6.33  student's full name, home address, telephone number, date of 
  6.34  birth; a student's school schedule, attendance record, and 
  6.35  photographs, if any; and parents' names, home addresses, and 
  6.36  telephone numbers.  Notwithstanding paragraphs (b) and (c), data 
  7.1   relating to the student's alleged involvement in an offense on 
  7.2   school property that would make the student subject to chapter 
  7.3   260B shall also be disclosed on request.  For purposes of this 
  7.4   subdivision, "school property" has the meaning given in section 
  7.5   609.66, subdivision 1d, paragraph (c), clause (4).  
  7.6      (b) In addition, the existence of the following data about 
  7.7   a student may be disclosed under subdivision 3, clause (i): 
  7.8      (1) use of a controlled substance, alcohol, or tobacco; 
  7.9      (2) assaultive or threatening conduct that could result in 
  7.10  dismissal from school under section 121A.45, subdivision 2, 
  7.11  clause (b) or (c); 
  7.12     (3) possession or use of weapons or look-alike weapons; 
  7.13     (4) theft; or 
  7.14     (5) vandalism or other damage to property. 
  7.15     Any request for access to data under this paragraph must 
  7.16  contain an explanation of why access to the data is necessary to 
  7.17  serve the student. 
  7.18     (c) A principal or chief administrative officer of a school 
  7.19  who receives a request to disclose information about a student 
  7.20  to the juvenile justice system under paragraph (b) shall, to the 
  7.21  extent permitted by federal law, notify the student's parent or 
  7.22  guardian by certified mail of the request to disclose 
  7.23  information before disclosing the information.  If the student's 
  7.24  parent or guardian notifies the principal or chief 
  7.25  administrative officer within ten days of receiving the 
  7.26  certified notice that the parent or guardian objects to the 
  7.27  disclosure, the principal or chief administrative officer must 
  7.28  not disclose the information.  The principal or chief 
  7.29  administrative officer must inform the requesting member of the 
  7.30  juvenile justice system of the objection. 
  7.31     (d) A principal or chief administrative officer is not 
  7.32  required to create data under this subdivision.  Information 
  7.33  provided in response to a data request under paragraph (b) shall 
  7.34  indicate only whether the data described in paragraph (b) 
  7.35  exist.  The principal or chief administrative officer is not 
  7.36  authorized under paragraph (b) to disclose the actual data or 
  8.1   other information contained in the student's education record.  
  8.2   A principal or chief administrative officer is not required to 
  8.3   provide data that are protected by court order.  A principal or 
  8.4   chief administrative officer must respond to a data request 
  8.5   within 14 days if no objection is received from the parent or 
  8.6   guardian. 
  8.7      (e) Nothing in this subdivision shall limit the disclosure 
  8.8   of educational data pursuant to court order. 
  8.9      (f) A school district, its agents, and employees who 
  8.10  provide data in good faith under this subdivision are not liable 
  8.11  for compensatory or exemplary damages or an award of attorney 
  8.12  fees in an action under section 13.08, or other law, or for a 
  8.13  penalty under section 13.09. 
  8.14     (g) Section 13.03, subdivision 4, applies to data that are 
  8.15  shared under this subdivision with a government entity.  If data 
  8.16  are shared with a member of the juvenile justice system who is 
  8.17  not a government entity, the person receiving the shared data 
  8.18  must treat the data consistent with the requirements of this 
  8.19  chapter applicable to a government entity.  
  8.20     (h) A member of the juvenile justice system who falsely 
  8.21  certifies a request for data under this section is subject to 
  8.22  the penalties under section 13.09. 
  8.23     Sec. 7.  [13.3215] [UNIVERSITY OF MINNESOTA DATA.] 
  8.24     Claims experience and all related information received from 
  8.25  carriers and claims administrators participating in a University 
  8.26  of Minnesota group health, dental, life, or disability insurance 
  8.27  plan or the University of Minnesota workers' compensation 
  8.28  program, and survey information collected from employees or 
  8.29  students participating in these plans and programs, except when 
  8.30  the university determines that release of the data will not be 
  8.31  detrimental to the plan or program, are classified as nonpublic 
  8.32  data not on individuals pursuant to section 13.02, subdivision 9.
  8.33     Sec. 8.  Minnesota Statutes 2002, section 13.37, 
  8.34  subdivision 3, is amended to read: 
  8.35     Subd. 3.  [DATA DISSEMINATION.] Crime prevention block maps 
  8.36  and names, home addresses, and telephone numbers of volunteers 
  9.1   who participate in community crime prevention programs may be 
  9.2   disseminated to volunteers participating in crime prevention 
  9.3   programs.  The location of a National Night Out event is public 
  9.4   data. 
  9.5      Sec. 9.  Minnesota Statutes 2002, section 13.3805, 
  9.6   subdivision 1, is amended to read: 
  9.7      Subdivision 1.  [HEALTH DATA GENERALLY.] (a)  
  9.8   [DEFINITIONS.] As used in this subdivision: 
  9.9      (1) "Commissioner" means the commissioner of health. 
  9.10     (2) "Health data" means data on individuals created, 
  9.11  collected, received, or maintained by the department of health, 
  9.12  political subdivisions, or statewide systems relating to the 
  9.13  identification, description, prevention, and control of disease 
  9.14  or as part of an epidemiologic investigation the commissioner 
  9.15  designates as necessary to analyze, describe, or protect the 
  9.16  public health.  
  9.17     (b)  [DATA ON INDIVIDUALS.] (1) Health data are private 
  9.18  data on individuals.  Notwithstanding section 13.05, subdivision 
  9.19  9, health data may not be disclosed except as provided in this 
  9.20  subdivision and section 13.04.  Health data may also be 
  9.21  disclosed to county personnel, or entities under contract with 
  9.22  the county, who provide welfare, public health, corrections, or 
  9.23  veterans services and who require access to private data on 
  9.24  individuals in order to coordinate services provided to those 
  9.25  individuals.  
  9.26     (2) The commissioner or a local board of health as defined 
  9.27  in section 145A.02, subdivision 2, may disclose health data to 
  9.28  the data subject's physician as necessary to locate or identify 
  9.29  a case, carrier, or suspect case, to establish a diagnosis, to 
  9.30  provide treatment, to identify persons at risk of illness, or to 
  9.31  conduct an epidemiologic investigation. 
  9.32     (3) With the approval of the commissioner, health data may 
  9.33  be disclosed to the extent necessary to assist the commissioner 
  9.34  to locate or identify a case, carrier, or suspect case, to alert 
  9.35  persons who may be threatened by illness as evidenced by 
  9.36  epidemiologic data, to control or prevent the spread of serious 
 10.1   disease, or to diminish an imminent threat to the public health. 
 10.2      (c)  [HEALTH SUMMARY DATA.] Summary data derived from data 
 10.3   collected under section 145.413 may be provided under section 
 10.4   13.05, subdivision 7. 
 10.5      Sec. 10.  Minnesota Statutes 2002, section 13.3806, 
 10.6   subdivision 1, is amended to read: 
 10.7      Subdivision 1.  [SCOPE.] The sections referred to in 
 10.8   subdivisions 2 to 20 are codified outside this chapter.  Those 
 10.9   sections classify data on public health as other than public, 
 10.10  place restrictions on access to government data, or involve data 
 10.11  sharing.  Notwithstanding any contrary provision of law, public 
 10.12  health data may be disclosed to county personnel, or entities 
 10.13  under contract with the county, who provide welfare, public 
 10.14  health, corrections, or veterans services and who require access 
 10.15  to private data on individuals in order to coordinate the 
 10.16  services provided to those individuals. 
 10.17     Sec. 11.  Minnesota Statutes 2002, section 13.384, 
 10.18  subdivision 3, is amended to read: 
 10.19     Subd. 3.  [CLASSIFICATION OF MEDICAL DATA.] Unless the data 
 10.20  is summary data or a statute specifically provides a different 
 10.21  classification, medical data are private but are available only 
 10.22  to the subject of the data as provided in section 144.335, and 
 10.23  shall not be disclosed to others except: 
 10.24     (a) Pursuant to section 13.05; 
 10.25     (b) Pursuant to section 253B.0921; 
 10.26     (c) Pursuant to a valid court order; 
 10.27     (d) To administer federal funds or programs; 
 10.28     (e) To the surviving spouse, parents, children, and 
 10.29  siblings of a deceased patient or client or, if there are no 
 10.30  surviving spouse, parents, children, or siblings, to the 
 10.31  surviving heirs of the nearest degree of kindred; 
 10.32     (f) To communicate a patient's or client's condition to a 
 10.33  family member or other appropriate person in accordance with 
 10.34  acceptable medical practice, unless the patient or client 
 10.35  directs otherwise; or 
 10.36     (g) To county personnel, or entities under contract with 
 11.1   the county, who provide welfare, public health, corrections, or 
 11.2   veterans services and who require access to private data on 
 11.3   individuals in order to coordinate the services provided to 
 11.4   those individuals; or 
 11.5      (h) As otherwise required by law.  
 11.6      Sec. 12.  Minnesota Statutes 2002, section 13.43, 
 11.7   subdivision 1, is amended to read: 
 11.8      Subdivision 1.  [DEFINITION.] As used in this section, 
 11.9   "personnel data" means data on individuals collected because the 
 11.10  individual is or was an employee of or an applicant for 
 11.11  employment by, performs services on a voluntary basis for, or 
 11.12  acts as an independent contractor with a state agency, statewide 
 11.13  system or political subdivision or is a member of or an 
 11.14  applicant for an advisory board or commission.  Personnel data 
 11.15  includes data submitted by an employee to a government entity as 
 11.16  part of an organized self-evaluation effort by the government 
 11.17  entity to request suggestions from all employees on ways to cut 
 11.18  costs, make government more efficient, or improve the operation 
 11.19  of government. 
 11.20     Sec. 13.  Minnesota Statutes 2002, section 13.46, 
 11.21  subdivision 2, is amended to read: 
 11.22     Subd. 2.  [GENERAL.] (a) Unless the data is summary data or 
 11.23  a statute specifically provides a different classification, data 
 11.24  on individuals collected, maintained, used, or disseminated by 
 11.25  the welfare system is private data on individuals, and shall not 
 11.26  be disclosed except:  
 11.27     (1) according to section 13.05; 
 11.28     (2) according to court order; 
 11.29     (3) according to a statute specifically authorizing access 
 11.30  to the private data; 
 11.31     (4) to an agent of the welfare system, including a law 
 11.32  enforcement person, attorney, or investigator acting for it in 
 11.33  the investigation or prosecution of a criminal or civil 
 11.34  proceeding relating to the administration of a program; 
 11.35     (5) to personnel of the welfare system who require the data 
 11.36  to determine eligibility, amount of assistance, and the need to 
 12.1   provide services of additional programs to the individual; 
 12.2      (6) to administer federal funds or programs; 
 12.3      (7) between personnel of the welfare system working in the 
 12.4   same program; 
 12.5      (8) the amounts of cash public assistance and relief paid 
 12.6   to welfare recipients in this state, including their names, 
 12.7   social security numbers, income, addresses, and other data as 
 12.8   required, upon request by the department of revenue to 
 12.9   administer the property tax refund law, supplemental housing 
 12.10  allowance, early refund of refundable tax credits, and the 
 12.11  income tax.  "Refundable tax credits" means the dependent care 
 12.12  credit under section 290.067, the Minnesota working family 
 12.13  credit under section 290.0671, the property tax refund under 
 12.14  section 290A.04, and, if the required federal waiver or waivers 
 12.15  are granted, the federal earned income tax credit under section 
 12.16  32 of the Internal Revenue Code; 
 12.17     (9) between the department of human services, the 
 12.18  department of children, families, and learning, and the 
 12.19  department of economic security for the purpose of monitoring 
 12.20  the eligibility of the data subject for unemployment benefits, 
 12.21  for any employment or training program administered, supervised, 
 12.22  or certified by that agency, for the purpose of administering 
 12.23  any rehabilitation program or child care assistance program, 
 12.24  whether alone or in conjunction with the welfare system, or to 
 12.25  monitor and evaluate the Minnesota family investment program by 
 12.26  exchanging data on recipients and former recipients of food 
 12.27  stamps, cash assistance under chapter 256, 256D, 256J, or 256K, 
 12.28  child care assistance under chapter 119B, or medical programs 
 12.29  under chapter 256B, 256D, or 256L; 
 12.30     (10) to appropriate parties in connection with an emergency 
 12.31  if knowledge of the information is necessary to protect the 
 12.32  health or safety of the individual or other individuals or 
 12.33  persons; 
 12.34     (11) data maintained by residential programs as defined in 
 12.35  section 245A.02 may be disclosed to the protection and advocacy 
 12.36  system established in this state according to Part C of Public 
 13.1   Law Number 98-527 to protect the legal and human rights of 
 13.2   persons with mental retardation or other related conditions who 
 13.3   live in residential facilities for these persons if the 
 13.4   protection and advocacy system receives a complaint by or on 
 13.5   behalf of that person and the person does not have a legal 
 13.6   guardian or the state or a designee of the state is the legal 
 13.7   guardian of the person; 
 13.8      (12) to the county medical examiner or the county coroner 
 13.9   for identifying or locating relatives or friends of a deceased 
 13.10  person; 
 13.11     (13) data on a child support obligor who makes payments to 
 13.12  the public agency may be disclosed to the higher education 
 13.13  services office to the extent necessary to determine eligibility 
 13.14  under section 136A.121, subdivision 2, clause (5); 
 13.15     (14) participant social security numbers and names 
 13.16  collected by the telephone assistance program may be disclosed 
 13.17  to the department of revenue to conduct an electronic data match 
 13.18  with the property tax refund database to determine eligibility 
 13.19  under section 237.70, subdivision 4a; 
 13.20     (15) the current address of a Minnesota family investment 
 13.21  program participant may be disclosed to law enforcement officers 
 13.22  who provide the name of the participant and notify the agency 
 13.23  that: 
 13.24     (i) the participant: 
 13.25     (A) is a fugitive felon fleeing to avoid prosecution, or 
 13.26  custody or confinement after conviction, for a crime or attempt 
 13.27  to commit a crime that is a felony under the laws of the 
 13.28  jurisdiction from which the individual is fleeing; or 
 13.29     (B) is violating a condition of probation or parole imposed 
 13.30  under state or federal law; 
 13.31     (ii) the location or apprehension of the felon is within 
 13.32  the law enforcement officer's official duties; and 
 13.33     (iii)  the request is made in writing and in the proper 
 13.34  exercise of those duties; 
 13.35     (16) the current address of a recipient of general 
 13.36  assistance or general assistance medical care may be disclosed 
 14.1   to probation officers and corrections agents who are supervising 
 14.2   the recipient and to law enforcement officers who are 
 14.3   investigating the recipient in connection with a felony level 
 14.4   offense; 
 14.5      (17) information obtained from food stamp applicant or 
 14.6   recipient households may be disclosed to local, state, or 
 14.7   federal law enforcement officials, upon their written request, 
 14.8   for the purpose of investigating an alleged violation of the 
 14.9   Food Stamp Act, according to Code of Federal Regulations, title 
 14.10  7, section 272.1(c); 
 14.11     (18) the address, social security number, and, if 
 14.12  available, photograph of any member of a household receiving 
 14.13  food stamps shall be made available, on request, to a local, 
 14.14  state, or federal law enforcement officer if the officer 
 14.15  furnishes the agency with the name of the member and notifies 
 14.16  the agency that:  
 14.17     (i) the member: 
 14.18     (A) is fleeing to avoid prosecution, or custody or 
 14.19  confinement after conviction, for a crime or attempt to commit a 
 14.20  crime that is a felony in the jurisdiction the member is 
 14.21  fleeing; 
 14.22     (B) is violating a condition of probation or parole imposed 
 14.23  under state or federal law; or 
 14.24     (C) has information that is necessary for the officer to 
 14.25  conduct an official duty related to conduct described in subitem 
 14.26  (A) or (B); 
 14.27     (ii) locating or apprehending the member is within the 
 14.28  officer's official duties; and 
 14.29     (iii) the request is made in writing and in the proper 
 14.30  exercise of the officer's official duty; 
 14.31     (19) the current address of a recipient of Minnesota family 
 14.32  investment program, general assistance, general assistance 
 14.33  medical care, or food stamps may be disclosed to law enforcement 
 14.34  officers who, in writing, provide the name of the recipient and 
 14.35  notify the agency that the recipient is a person required to 
 14.36  register under section 243.166, but is not residing at the 
 15.1   address at which the recipient is registered under section 
 15.2   243.166; 
 15.3      (20) certain information regarding child support obligors 
 15.4   who are in arrears may be made public according to section 
 15.5   518.575; 
 15.6      (21) data on child support payments made by a child support 
 15.7   obligor and data on the distribution of those payments excluding 
 15.8   identifying information on obligees may be disclosed to all 
 15.9   obligees to whom the obligor owes support, and data on the 
 15.10  enforcement actions undertaken by the public authority, the 
 15.11  status of those actions, and data on the income of the obligor 
 15.12  or obligee may be disclosed to the other party; 
 15.13     (22) data in the work reporting system may be disclosed 
 15.14  under section 256.998, subdivision 7; 
 15.15     (23) to the department of children, families, and learning 
 15.16  for the purpose of matching department of children, families, 
 15.17  and learning student data with public assistance data to 
 15.18  determine students eligible for free and reduced price meals, 
 15.19  meal supplements, and free milk according to United States Code, 
 15.20  title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to 
 15.21  allocate federal and state funds that are distributed based on 
 15.22  income of the student's family; and to verify receipt of energy 
 15.23  assistance for the telephone assistance plan; 
 15.24     (24) the current address and telephone number of program 
 15.25  recipients and emergency contacts may be released to the 
 15.26  commissioner of health or a local board of health as defined in 
 15.27  section 145A.02, subdivision 2, when the commissioner or local 
 15.28  board of health has reason to believe that a program recipient 
 15.29  is a disease case, carrier, suspect case, or at risk of illness, 
 15.30  and the data are necessary to locate the person; 
 15.31     (25) to other state agencies, statewide systems, and 
 15.32  political subdivisions of this state, including the attorney 
 15.33  general, and agencies of other states, interstate information 
 15.34  networks, federal agencies, and other entities as required by 
 15.35  federal regulation or law for the administration of the child 
 15.36  support enforcement program; 
 16.1      (26) to personnel of public assistance programs as defined 
 16.2   in section 256.741, for access to the child support system 
 16.3   database for the purpose of administration, including monitoring 
 16.4   and evaluation of those public assistance programs; 
 16.5      (27) to monitor and evaluate the Minnesota family 
 16.6   investment program by exchanging data between the departments of 
 16.7   human services and children, families, and learning, on 
 16.8   recipients and former recipients of food stamps, cash assistance 
 16.9   under chapter 256, 256D, 256J, or 256K, child care assistance 
 16.10  under chapter 119B, or medical programs under chapter 256B, 
 16.11  256D, or 256L; 
 16.12     (28) to evaluate child support program performance and to 
 16.13  identify and prevent fraud in the child support program by 
 16.14  exchanging data between the department of human services, 
 16.15  department of revenue under section 270B.14, subdivision 1, 
 16.16  paragraphs (a) and (b), without regard to the limitation of use 
 16.17  in paragraph (c), department of health, department of economic 
 16.18  security, and other state agencies as is reasonably necessary to 
 16.19  perform these functions; or 
 16.20     (29) counties operating child care assistance programs 
 16.21  under chapter 119B may disseminate data on program participants, 
 16.22  applicants, and providers to the commissioner of children, 
 16.23  families, and learning; or 
 16.24     (30) to county personnel, or entities under contract with 
 16.25  the county, who provide welfare, public health, corrections, or 
 16.26  veterans services and who require access to private data on 
 16.27  individuals in order to coordinate services provided to those 
 16.28  individuals. 
 16.29     (b) Information on persons who have been treated for drug 
 16.30  or alcohol abuse may only be disclosed according to the 
 16.31  requirements of Code of Federal Regulations, title 42, sections 
 16.32  2.1 to 2.67. 
 16.33     (c) Data provided to law enforcement agencies under 
 16.34  paragraph (a), clause (15), (16), (17), or (18), or paragraph 
 16.35  (b), are investigative data and are confidential or protected 
 16.36  nonpublic while the investigation is active.  The data are 
 17.1   private after the investigation becomes inactive under section 
 17.2   13.82, subdivision 5, paragraph (a) or (b). 
 17.3      (d) Mental health data shall be treated as provided in 
 17.4   subdivisions 7, 8, and 9, but is not subject to the access 
 17.5   provisions of subdivision 10, paragraph (b), but may be 
 17.6   disclosed according to paragraph (a), clause (30). 
 17.7      For the purposes of this subdivision, a request will be 
 17.8   deemed to be made in writing if made through a computer 
 17.9   interface system. 
 17.10     Sec. 14.  Minnesota Statutes 2002, section 13.461, 
 17.11  subdivision 1, is amended to read: 
 17.12     Subdivision 1.  [SCOPE.] The sections referred to in 
 17.13  subdivisions 2 to 26 are codified outside this chapter.  Those 
 17.14  subdivisions classify human services data as other than public, 
 17.15  place restrictions on access to government data, or involve data 
 17.16  sharing.  Notwithstanding any other provision of law to the 
 17.17  contrary, data governed by subdivisions 2 to 26 may be disclosed 
 17.18  to county personnel, or entities under contract with the county, 
 17.19  who provide welfare, public health, corrections, or veterans 
 17.20  services and who require access to private data on individuals 
 17.21  in order to coordinate services provided to those individuals. 
 17.22     Sec. 15.  Minnesota Statutes 2002, section 13.462, 
 17.23  subdivision 2, is amended to read: 
 17.24     Subd. 2.  [PUBLIC DATA.] The names and addresses of 
 17.25  applicants for and recipients of benefits, aid, or assistance 
 17.26  through programs administered by any political subdivision, 
 17.27  state agency, or statewide system that are intended to assist 
 17.28  with the purchase of, rehabilitation, or other purposes related 
 17.29  to housing or other real property are classified as public data 
 17.30  on individuals.  If an applicant or recipient is a corporation, 
 17.31  the names and addresses of the officers of the corporation are 
 17.32  public data on individuals.  If an applicant or recipient is a 
 17.33  partnership, the names and addresses of the partners are public 
 17.34  data on individuals.  The amount or value of benefits, aid, or 
 17.35  assistance received is public data. 
 17.36     Sec. 16.  [13.468] [DATA SHARING WITHIN COUNTIES.] 
 18.1      County welfare, human services, corrections, public health, 
 18.2   and veterans service units within a county may inform each other 
 18.3   as to whether an individual or family currently is being served 
 18.4   by the county unit, without the consent of the subject of the 
 18.5   data.  Data that may be shared are limited to the following:  
 18.6   the name, telephone number, and last known address of the data 
 18.7   subject; and the identification and contact information 
 18.8   regarding personnel of the county unit responsible for working 
 18.9   with the individual or family.  If further information is 
 18.10  necessary for the county unit to carry out its duties, each 
 18.11  county unit may share additional data if the unit is authorized 
 18.12  by state statute or federal law to do so or the individual gives 
 18.13  written, informed consent.  
 18.14     Sec. 17.  Minnesota Statutes 2002, section 13.643, is 
 18.15  amended by adding a subdivision to read: 
 18.16     Subd. 5.  [DATA RECEIVED FROM FEDERAL GOVERNMENT.] All data 
 18.17  received by the department of agriculture from the United States 
 18.18  Department of Health and Human Services, the Food and Drug 
 18.19  Administration, and the Agriculture, Food Safety, and Inspection 
 18.20  Service for the purpose of carrying out the department of 
 18.21  agriculture's statutory food safety regulatory and enforcement 
 18.22  duties are classified as nonpublic data under section 13.02, 
 18.23  subdivision 9, and private data on individuals under section 
 18.24  13.02, subdivision 12. 
 18.25     Sec. 18.  Minnesota Statutes 2002, section 13.746, 
 18.26  subdivision 3, is amended to read: 
 18.27     Subd. 3.  [STATE LOTTERY.] (a)  [ACCESS TO CRIMINAL DATA.] 
 18.28  The state lottery director's access to criminal history data on 
 18.29  certain persons is governed by sections 349A.06, subdivision 4, 
 18.30  and 349A.07, subdivision 2. 
 18.31     (b)  [LOTTERY PRIZE WINNERS.] Certain data on lottery prize 
 18.32  winners are classified under section 349A.08, subdivision 9.  
 18.33     (c)  [ELECTRONIC TRANSMISSIONS.] Data on individuals 
 18.34  requesting electronic transmissions from the lottery are 
 18.35  classified in section 349A.08, subdivision 9.  
 18.36     Sec. 19.  Minnesota Statutes 2002, section 13.785, 
 19.1   subdivision 2, is amended to read: 
 19.4   Access to military certificates of discharge and to files 
 19.5   pertaining to claims for certain veterans benefits is governed 
 19.6   by section 196.08. 
 19.8   Disclosure of summary data and of the identity of a veteran 
 19.9   about whom information is received under sections 196.19 to 
 19.10  196.26, is governed by section 196.25. 
 19.11     Sec. 20.  Minnesota Statutes 2002, section 13.85, 
 19.12  subdivision 2, is amended to read: 
 19.14  the data are summary data or arrest data, or a statute 
 19.15  specifically provides a different classification, corrections 
 19.16  and detention data on individuals are classified as private 
 19.17  pursuant to section 13.02, subdivision 12, to the extent that 
 19.18  the release of the data would either (a) disclose medical, 
 19.19  psychological, or financial information, or personal information 
 19.20  not related to their lawful confinement or detainment or (b) 
 19.21  endanger an individual's life.  Private corrections and 
 19.22  detention data may be disclosed to county personnel, or entities 
 19.23  under contract with the county, who provide welfare, public 
 19.24  health, corrections, or veterans services and who require access 
 19.25  to private data on individuals in order to coordinate services 
 19.26  provided to those individuals. 
 19.27     Sec. 21.  Minnesota Statutes 2002, section 16C.06, is 
 19.28  amended by adding a subdivision to read: 
 19.29     Subd. 3a.  [INFORMATION IN BIDS AND PROPOSALS.] Data 
 19.30  relating to bids and proposals are governed by section 13.591. 
 19.31     Sec. 22.  Minnesota Statutes 2002, section 16C.10, 
 19.32  subdivision 7, is amended to read: 
 19.33     Subd. 7.  [REVERSE AUCTION.] (a) For the purpose of this 
 19.34  subdivision, "reverse auction" means a purchasing process in 
 19.35  which vendors compete to provide goods at the lowest selling 
 19.36  price in an open and interactive environment. 
 20.1      (b) The provisions of section sections 13.591, subdivision 
 20.2   3, and 16C.06, subdivisions subdivision 2 and 3, do not apply 
 20.3   when the commissioner determines that a reverse auction is the 
 20.4   appropriate purchasing process. 
 20.5      Sec. 23.  Minnesota Statutes 2002, section 196.08, is 
 20.6   amended to read: 
 20.8      (a) The contents of, and all files, records, reports, 
 20.9   papers and documents pertaining to, any claim for the benefits 
 20.10  of Laws 1943, chapter 420, whether pending or adjudicated, shall 
 20.11  be deemed confidential and privileged and no disclosure thereof 
 20.12  shall be made, without the consent in writing of the claimant 
 20.13  who has not been adjudicated incompetent, except as follows: 
 20.14     (a) (1) To said claimant personally, a duly appointed 
 20.15  guardian, an attorney in fact, or a duly authorized 
 20.16  representative, and as to personal matters, when, in the 
 20.17  judgment of the commissioner, such disclosure would not be 
 20.18  injurious to the physical or mental health of the claimant.  
 20.19     (b) (2) To the representatives of veterans' organizations 
 20.20  recognized by the United States government, not exceeding five 
 20.21  from each such veterans' organizations, and when such 
 20.22  representatives have been duly certified as such by the state 
 20.23  department of any such veterans' organizations in the state of 
 20.24  Minnesota.  
 20.25     (c) (3) In any court in the state of Minnesota which has 
 20.26  jurisdiction of the parties to, and subject matter of, an action 
 20.27  or proceeding therein pending, as found by said court, when 
 20.28  required to be produced by the process of such court, and then 
 20.29  only in open court, as evidence, in such action or proceeding 
 20.30  after a judge thereof shall have ruled the same to be relevant 
 20.31  and competent evidence in such action or proceeding according to 
 20.32  the laws and statutes of said state.  
 20.33     (b) Notwithstanding section 382.16, and except as 
 20.34  authorized in paragraph (c), no government entity may release 
 20.35  the contents of, or any files, records, reports, papers, or 
 20.36  documents pertaining to, United States government form DD214 or 
 21.1   DD215 or any other certificate of discharge from military 
 21.2   service to any person unless that person: 
 21.3      (1) provides proof of identity; 
 21.4      (2) demonstrates tangible interest; and 
 21.5      (3) completes the required release form prepared by the 
 21.6   government entity. 
 21.7      (c) Nothing in this section shall prohibit release of forms 
 21.8   DD214 and DD215 or other certificates of discharge from military 
 21.9   service by an employee or official within a government entity to 
 21.10  another employee or official within that government entity for 
 21.11  purposes of performance of official duties. 
 21.12     (d) Forms DD214 and DD215 and certificates of discharge 
 21.13  from military service filed with a government agency on or after 
 21.14  January 1, 2004, are classified as private data on individuals 
 21.15  under section 13.02, subdivision 12. 
 21.16     (e) Notwithstanding section 386.015, subdivision 5, no fee 
 21.17  may be charged by a government entity for the release of 
 21.18  information to a qualified person under this section.  
 21.19     (f) For purposes of paragraph (b), a person who has a 
 21.20  tangible interest is: 
 21.21     (1) the subject of the record, report, paper, or document; 
 21.22     (2) the surviving spouse of the subject, if the subject is 
 21.23  deceased; 
 21.24     (3) a surviving child of the subject, if the subject is 
 21.25  deceased and there is no surviving spouse; 
 21.26     (4) a surviving parent of the subject, if the subject is 
 21.27  deceased and there is no surviving spouse or surviving children; 
 21.28  and 
 21.29     (5) a duly appointed guardian, an attorney in fact, or a 
 21.30  duly authorized representative. 
 21.31     (g) For purposes of this section, the term "government 
 21.32  entity" has the meaning given in section 13.02, subdivision 7a. 
 21.33     Sec. 24.  Minnesota Statutes 2002, section 197.603, 
 21.34  subdivision 2, is amended to read: 
 21.35     Subd. 2.  Pursuant to chapter 13 the veterans service 
 21.36  officer is the responsible authority with respect to all records 
 22.1   in the officer's custody.  The data on clients' applications for 
 22.2   assistance is private data on individuals, as defined in section 
 22.3   13.02, subdivision 12.  The data on clients' applications for 
 22.4   assistance may be disclosed to county personnel, or entities 
 22.5   under contract with the county, who provide welfare, public 
 22.6   health, corrections, or veterans services and who require access 
 22.7   to private data on individuals in order to coordinate services 
 22.8   provided to those individuals. 
 22.9      Sec. 25.  Minnesota Statutes 2002, section 268.19, is 
 22.10  amended by adding a subdivision to read: 
 22.11     Subdivision 1a.  [WAGE DETAIL DATA.] (a) Wage and 
 22.12  employment data gathered pursuant to section 268.044 may be 
 22.13  disseminated to and used, without the consent of the subject of 
 22.14  the data, by an agency of another state that is designated as 
 22.15  the performance accountability and consumer information agency 
 22.16  for that state pursuant to Code of Federal Regulations, volume 
 22.17  20, part 663.510(c), in order to carry out the requirements of 
 22.18  the Workforce Investment Act of 1998, United States Code, title 
 22.19  29, sections 2842 and 2871. 
 22.20     (b) The commissioner may enter into a data exchange 
 22.21  agreement with an employment and training service provider under 
 22.22  sections 116L.17, or the Workforce Investment Act of 1998, 
 22.23  United States Code, title 29, section 2864, under which the 
 22.24  commissioner, with the consent of the subject of the data, may 
 22.25  furnish data on the quarterly wages paid and number of hours 
 22.26  worked on those individuals who have received employment and 
 22.27  training services from the provider.  With the initial consent 
 22.28  of the subject of the data, this data may be shared for up to 
 22.29  three years after termination of the employment and training 
 22.30  services provided to the individual without execution of an 
 22.31  additional consent.  This data shall be furnished solely for the 
 22.32  purpose of evaluating the employment and training services 
 22.33  provided.  The data subject's ability to receive service is not 
 22.34  affected by a refusal to give consent under this paragraph.  The 
 22.35  consent form must state this fact. 
 22.36     Sec. 26.  Minnesota Statutes 2002, section 307.08, is 
 23.1   amended by adding a subdivision to read: 
 23.2      Subd. 11.  [BURIAL SITES DATA.] Burial sites locational and 
 23.3   related data maintained by the office of the state archaeologist 
 23.4   and accessible through the office's "Unplatted Burial Sites and 
 23.5   Earthworks in Minnesota" Web site are security information for 
 23.6   purposes of section 13.37.  Persons who gain access to the data 
 23.7   maintained on the site are subject to liability under section 
 23.8   13.08 and the penalty established by section 13.09 if they 
 23.9   improperly use or further disseminate the data. 
 23.10     Sec. 27.  Minnesota Statutes 2002, section 349A.08, 
 23.11  subdivision 9, is amended to read: 
 23.12     Subd. 9.  [PRIVACY.] (a) The phone number and street 
 23.13  address of a winner of a lottery prize is private data on 
 23.14  individuals under chapter 13. 
 23.15     (b) Data on an individual, including name, physical and 
 23.16  electronic address, and telephone number, that are given to the 
 23.17  lottery for direct marketing purposes are private data on 
 23.18  individuals as defined in section 13.02.  For purposes of this 
 23.19  subdivision, "direct marketing" means marketing conducted by the 
 23.20  lottery directly with the consumer.  
 23.21     Sec. 28.  Minnesota Statutes 2002, section 386.20, 
 23.22  subdivision 1, is amended to read: 
 23.23     Subdivision 1.  [RECORDATION.] (a) Certificates of 
 23.24  discharge from the United States army, the United States navy, 
 23.25  and the United States marine corps and releases or transfers 
 23.26  from active duty therein may be recorded in the office of the 
 23.27  county recorder of any county in this state by the person to 
 23.28  whom such discharge, release or transfer was issued without the 
 23.29  payment of any fee to the county recorder for recording the 
 23.30  same.  Upon the request of the person having such instrument 
 23.31  recorded, the county recorder shall not stamp, mark, or make any 
 23.32  endorsement upon any such certificate of discharge, release or 
 23.33  transfer, but after the recording thereof has been completed the 
 23.34  recorder shall return the certificate of discharge, release, or 
 23.35  transfer in the condition received.  
 23.36     (b) In any county where the compensation of the county 
 24.1   recorder consists of fees only, the county recorder shall be 
 24.2   entitled to a fee of 60 cents for recording such instrument, 
 24.3   which shall be paid by the county upon presentation of a 
 24.4   verified claim by the county recorder. 
 24.5      (c) The release of any information pertaining to military 
 24.6   certificates of discharge is governed by section 196.08. 
 24.7      Sec. 29.  [REPEALER.] 
 24.8      Minnesota Statutes 2002, section 13.6401, subdivision 4; 
 24.9   270B.03, subdivision 8; Laws 2001, First Special Session chapter 
 24.10  10, article 2, section 40, are repealed. 
 24.11     Sec. 30.  [EFFECTIVE DATE; APPLICATION.] 
 24.12     Section 1 is effective August 1, 2003, and applies to 
 24.13  actions commenced on and after that date. 
 24.14     Sections 7, 19, and 22 are effective January 1, 2004. 
 24.15     Sections 9 to 11, 13, 14, 18, 20, 24, and 27 are effective 
 24.16  the day following final enactment.