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HF 739

2nd 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 data practices; classifying and regulating 
  1.3             use and release of certain data; modifying certain 
  1.4             attorney fees; authorizing the commissioner of 
  1.5             administration to issue written opinions regarding 
  1.6             compliance with the law; amending Minnesota Statutes 
  1.7             2002, sections 13.072, subdivisions 1, 2; 13.08, 
  1.8             subdivision 4; 13.32, by adding a subdivision; 13.37, 
  1.9             subdivision 3, by adding subdivisions; 13.43, 
  1.10            subdivision 1; 13.462, subdivision 2; 13.643, by 
  1.11            adding a subdivision; 13.746, subdivision 3; 13.785, 
  1.12            subdivision 2; 16C.06, by adding a subdivision; 
  1.13            16C.10, subdivision 7; 196.08; 268.19, by adding a 
  1.14            subdivision; 307.08, by adding a subdivision; 349A.08, 
  1.15            subdivision 9; 386.20, subdivision 1; proposing coding 
  1.16            for new law in Minnesota Statutes, chapter 13; 
  1.17            repealing Minnesota Statutes 2002, sections 13.6401, 
  1.18            subdivision 4; 270B.03, subdivision 8; Laws 2001, 
  1.19            First Special Session chapter 10, article 2, section 
  1.20            40. 
  1.22     Section 1.  Minnesota Statutes 2002, section 13.072, 
  1.23  subdivision 1, is amended to read: 
  1.24     Subdivision 1.  [OPINION; WHEN REQUIRED.] (a) Upon request 
  1.25  of a state agency, statewide system, or political 
  1.26  subdivision government entity, the commissioner may give a 
  1.27  written opinion on any question relating to public access to 
  1.28  government data, rights of subjects of data, or classification 
  1.29  of data under this chapter or other Minnesota statutes governing 
  1.30  government data practices.  Upon request of any person who 
  1.31  disagrees with a determination regarding data practices made by 
  1.32  a state agency, statewide system, or political 
  1.33  subdivision government entity, the commissioner may give a 
  2.1   written opinion regarding the person's rights as a subject of 
  2.2   government data or right to have access to government data.  
  2.3      (b) Upon request of a body subject to chapter 13D, the 
  2.4   commissioner may give a written opinion on any question relating 
  2.5   to the body's duties under chapter 13D.  Upon request of a 
  2.6   person who disagrees with the manner in which members of a 
  2.7   governing body perform their duties under chapter 13D, the 
  2.8   commissioner may give a written opinion on compliance with 
  2.9   chapter 13D.  A governing body or person requesting an opinion 
  2.10  under this paragraph must pay the commissioner a fee of $200.  
  2.11  Money received by the commissioner under this paragraph is 
  2.12  appropriated to the commissioner. 
  2.13     (c) If the commissioner determines that no opinion will be 
  2.14  issued, the commissioner shall give the state agency, statewide 
  2.15  system, political subdivision, government entity or body subject 
  2.16  to chapter 13D or person requesting the opinion notice of the 
  2.17  decision not to issue the opinion within five days of receipt of 
  2.18  the request.  If this notice is not given, the commissioner 
  2.19  shall issue an opinion within 20 days of receipt of the request. 
  2.20     (d) For good cause and upon written notice to the person 
  2.21  requesting the opinion, the commissioner may extend this 
  2.22  deadline for one additional 30-day period.  The notice must 
  2.23  state the reason for extending the deadline.  The state agency, 
  2.24  statewide system, government entity or political subdivision the 
  2.25  members of a body subject to chapter 13D must be provided a 
  2.26  reasonable opportunity to explain the reasons for its decision 
  2.27  regarding the data or how they perform their duties under 
  2.28  chapter 13D.  The commissioner or the state agency, statewide 
  2.29  system, government entity or political subdivision body subject 
  2.30  to chapter 13D may choose to give notice to the subject of the 
  2.31  data concerning the dispute regarding the data or compliance 
  2.32  with chapter 13D. 
  2.33     (b) (e) This section does not apply to a determination made 
  2.34  by the commissioner of health under section 13.3805, subdivision 
  2.35  1, paragraph (b), or 144.6581. 
  2.36     (c) (f) A written opinion issued by the attorney general 
  3.1   shall take precedence over an opinion issued by the commissioner 
  3.2   under this section. 
  3.3      Sec. 2.  Minnesota Statutes 2002, section 13.072, 
  3.4   subdivision 2, is amended to read: 
  3.5      Subd. 2.  [EFFECT.] Opinions issued by the commissioner 
  3.6   under this section are not binding on the state agency, 
  3.7   statewide system, government entity or political subdivision 
  3.8   members of a body subject to chapter 13D whose data or 
  3.9   performance of duties is the subject of the opinion, but an 
  3.10  opinion described in subdivision 1, paragraph (a), must be given 
  3.11  deference by a court in a proceeding involving the data.  The 
  3.12  commissioner shall arrange for public dissemination of opinions 
  3.13  issued under this section.  This section does not preclude a 
  3.14  person from bringing any other action under this chapter or 
  3.15  other law in addition to or instead of requesting a written 
  3.16  opinion.  A government entity, members of a body subject to 
  3.17  chapter 13D, or person that acts in conformity with a written 
  3.18  opinion of the commissioner issued to the government entity, 
  3.19  members, or person or to another party is not liable for 
  3.20  compensatory or exemplary damages or awards of attorneys fees in 
  3.21  actions under section 13.08 or for a penalty under section 13.09 
  3.22  or for fines, awards of attorney fees, or any other penalty 
  3.23  under chapter 13D.  A member of a body subject to chapter 13D is 
  3.24  not subject to forfeiture of office if the member was acting in 
  3.25  reliance on an opinion. 
  3.26     Sec. 3.  Minnesota Statutes 2002, section 13.08, 
  3.27  subdivision 4, is amended to read: 
  3.28     Subd. 4.  [ACTION TO COMPEL COMPLIANCE.] (a) In addition to 
  3.29  the remedies provided in subdivisions 1 to 3 or any other law, 
  3.30  any aggrieved person seeking to enforce the person's rights 
  3.31  under this chapter or obtain access to data may bring an action 
  3.32  in district court to compel compliance with this chapter and may 
  3.33  recover costs and disbursements, including reasonable attorney's 
  3.34  fees, as determined by the court.  If the court determines that 
  3.35  an action brought under this subdivision is frivolous and 
  3.36  without merit and a basis in fact, it may award reasonable costs 
  4.1   and attorney fees to the responsible authority.  If the court 
  4.2   issues an order to compel compliance under this subdivision, the 
  4.3   court may impose a civil penalty of up to $300 against the 
  4.4   government entity.  This penalty is payable to the state general 
  4.5   fund and is in addition to damages under subdivision 1.  The 
  4.6   matter shall be heard as soon as possible.  In an action 
  4.7   involving a request for government data under section 13.03 or 
  4.8   13.04, the court may inspect in camera the government data in 
  4.9   dispute, but shall conduct its hearing in public and in a manner 
  4.10  that protects the security of data classified as not public.  If 
  4.11  the court issues an order to compel compliance under this 
  4.12  subdivision, the court shall forward a copy of the order to the 
  4.13  commissioner of administration. 
  4.14     (b) In determining whether to assess a civil penalty under 
  4.15  this subdivision, the court shall consider whether the 
  4.16  government entity has substantially complied with general data 
  4.17  practices under this chapter, including but not limited to, 
  4.18  whether the government entity has:  
  4.19     (1) designated a responsible authority under section 13.02, 
  4.20  subdivision 16; 
  4.21     (2) designated a data practices compliance official under 
  4.22  section 13.05, subdivision 13; 
  4.23     (3) prepared the public document that names the responsible 
  4.24  authority and describes the records and data on individuals that 
  4.25  are maintained by the government entity under section 13.05, 
  4.26  subdivision 1; 
  4.27     (4) developed public access procedures under section 13.03, 
  4.28  subdivision 2; procedures to guarantee the rights of data 
  4.29  subjects under section 13.05, subdivision 8; and procedures to 
  4.30  ensure that data on individuals are accurate and complete and to 
  4.31  safeguard the data's security under section 13.05, subdivision 
  4.32  5; 
  4.33     (5) sought an oral, written, or electronic opinion from the 
  4.34  commissioner of administration related to the matter at issue 
  4.35  and acted in conformity with that opinion or acted in conformity 
  4.36  with an opinion issued under section 13.072 that was sought by 
  5.1   another person; or 
  5.2      (6) provided ongoing training to government entity 
  5.3   personnel who respond to requests under this chapter. 
  5.4      (c) The court shall award reasonable attorney fees to a 
  5.5   prevailing plaintiff who has brought an action under this 
  5.6   subdivision if the government entity that is the defendant in 
  5.7   the action was also the subject of a written opinion issued 
  5.8   under section 13.072 and the court finds that the opinion is 
  5.9   directly related to the cause of action being litigated and that 
  5.10  the government entity did not act in conformity with the opinion.
  5.11     Sec. 4.  [13.15] [COMPUTER DATA.] 
  5.12     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  5.13  following terms have the meanings given. 
  5.14     (a) [ELECTRONIC ACCESS DATA.] "Electronic access data" 
  5.15  means data created, collected, or maintained about a person's 
  5.16  access to a government entity's computer for the purpose of:  
  5.17     (1) gaining access to data or information; 
  5.18     (2) transferring data or information; or 
  5.19     (3) using government services. 
  5.20     (b) [COOKIE.] "Cookie" means any data that a 
  5.21  government-operated computer electronically places on the 
  5.22  computer of a person who has gained access to a government 
  5.23  computer.  
  5.24     Subd. 2.  [CLASSIFICATION OF DATA.] Electronic access data 
  5.25  are private data on individuals or nonpublic data. 
  5.26     Subd. 3.  [NOTICE; REFUSAL TO ACCEPT COOKIE.] (a) A 
  5.27  government entity that creates, collects, or maintains 
  5.28  electronic access data or uses its computer to install a cookie 
  5.29  on a person's computer must inform persons gaining access to the 
  5.30  entity's computer of the creation, collection, or maintenance of 
  5.31  electronic access data or the entity's use of cookies before 
  5.32  requiring the person to provide any data about the person to the 
  5.33  government entity.  As part of that notice, the government 
  5.34  entity must inform the person how the data will be used and 
  5.35  disseminated, including the uses and disseminations in 
  5.36  subdivision 4. 
  6.1      (b) Notwithstanding a person's refusal to accept a cookie 
  6.2   on the person's computer, a government entity must allow the 
  6.3   person to gain access to data or information, transfer data or 
  6.4   information, or use government services by the government 
  6.5   entity's computer. 
  6.6      Subd. 4.  [USE OF ELECTRONIC ACCESS DATA.] Electronic 
  6.7   access data may be disseminated: 
  6.8      (1) to the commissioner for the purpose of evaluating 
  6.9   electronic government services; 
  6.10     (2) to another government entity to prevent unlawful 
  6.11  intrusions into government electronic systems; or 
  6.12     (3) as otherwise provided by law. 
  6.13     Sec. 5.  Minnesota Statutes 2002, section 13.32, is amended 
  6.14  by adding a subdivision to read: 
  6.15     Subd. 4a.  [NONPUBLIC SCHOOL STUDENTS.] Data collected by a 
  6.16  public school on a child, or parent of a child, whose identity 
  6.17  must be reported pursuant to section 120A.24 is private data 
  6.18  which: 
  6.19     (1) shall not be designated directory information pursuant 
  6.20  to subdivision 5 unless prior written consent is given by the 
  6.21  child's parent or guardian; and 
  6.22     (2) may be disclosed only pursuant to subdivision 3, clause 
  6.23  (a), (b), (c), or (f). 
  6.24     This provision does not apply to students who receive 
  6.25  shared time educational services from a public agency or 
  6.26  institution. 
  6.27     Sec. 6.  [13.3215] [UNIVERSITY OF MINNESOTA DATA.] 
  6.28     Claims experience and all related information received from 
  6.29  carriers and claims administrators participating in a University 
  6.30  of Minnesota group health, dental, life, or disability insurance 
  6.31  plan or the University of Minnesota workers' compensation 
  6.32  program, and survey information collected from employees or 
  6.33  students participating in these plans and programs, except when 
  6.34  the university determines that release of the data will not be 
  6.35  detrimental to the plan or program, are classified as nonpublic 
  6.36  data not on individuals pursuant to section 13.02, subdivision 9.
  7.1      Sec. 7.  Minnesota Statutes 2002, section 13.37, 
  7.2   subdivision 3, is amended to read: 
  7.3      Subd. 3.  [DATA DISSEMINATION.] Crime prevention block maps 
  7.4   and names, home addresses, and telephone numbers of volunteers 
  7.5   who participate in community crime prevention programs may be 
  7.6   disseminated to volunteers participating in crime prevention 
  7.7   programs.  The location of a National Night Out event is public 
  7.8   data. 
  7.9      Sec. 8.  Minnesota Statutes 2002, section 13.37, is amended 
  7.10  by adding a subdivision to read: 
  7.11     Subd. 4.  [SOCIAL SECURITY NUMBERS; GENERALLY.] A person or 
  7.12  entity, not including a government entity, may not do any of the 
  7.13  following: 
  7.14     (1) publicly post or publicly display in any manner an 
  7.15  individual's social security number.  "Publicly post" or 
  7.16  "publicly display" means to intentionally communicate or 
  7.17  otherwise make available to the general public; 
  7.18     (2) print an individual's social security number on any 
  7.19  card required for the individual to access products or services 
  7.20  provided by the person or entity; 
  7.21     (3) require an individual to transmit the individual's 
  7.22  social security number over the Internet, unless the connection 
  7.23  is secure or the social security number is encrypted; 
  7.24     (4) require an individual to use the individual's social 
  7.25  security number to access an Internet Web site, unless a 
  7.26  password or unique personal identification number or other 
  7.27  authentication device is also required to access the Internet 
  7.28  Web site; or 
  7.29     (5) print a number that the person or entity knows to be an 
  7.30  individual's social security number on any materials that are 
  7.31  mailed to the individual, unless state or federal law requires 
  7.32  the social security number to be on the document to be mailed.  
  7.33  If, in connection with a transaction involving or otherwise 
  7.34  relating to an individual, a person or entity receives a number 
  7.35  from a third party, that person or entity is under no duty to 
  7.36  inquire or otherwise determine whether the number is or includes 
  8.1   that individual's social security number and may print that 
  8.2   number on materials mailed to the individual, unless the person 
  8.3   or entity receiving the number has actual knowledge that the 
  8.4   number is or includes the individual's social security number. 
  8.5      Notwithstanding clauses (1) to (5), social security numbers 
  8.6   may be included in applications and forms sent by mail, 
  8.7   including documents sent as part of an application or enrollment 
  8.8   process, or to establish, amend, or terminate an account, 
  8.9   contract, or policy, or to confirm the accuracy of the social 
  8.10  security number.  Nothing in this paragraph authorizes inclusion 
  8.11  of a social security number on the outside of a mailing. 
  8.12     Except as provided in subdivision 5, this section applies 
  8.13  only to the use of social security numbers on or after July 1, 
  8.14  2005. 
  8.15     Sec. 9.  Minnesota Statutes 2002, section 13.37, is amended 
  8.16  by adding a subdivision to read: 
  8.17     Subd. 5.  [CONTINUATION OF PRIOR USE.] A person or entity, 
  8.18  not including a government entity, that has used, prior to July 
  8.19  1, 2005, an individual's social security number in a manner 
  8.20  inconsistent with subdivision 4, may continue using that 
  8.21  individual's social security number in that manner on or after 
  8.22  July 1, 2005, if all the following conditions are met: 
  8.23     (1) The use of the social security number is continuous.  
  8.24  If the use is stopped for any reason, subdivision 4 applies. 
  8.25     (2) The individual is provided an annual disclosure, 
  8.26  commencing in 2005, that informs the individual that the 
  8.27  individual has the right to stop the use of the individual's 
  8.28  social security number in a manner prohibited by subdivision 4. 
  8.29     (3) A written request by an individual to stop the use of 
  8.30  the individual's social security number in a manner prohibited 
  8.31  by subdivision 1 must be implemented within 30 days of the 
  8.32  receipt of the request.  A fee may not be charged for 
  8.33  implementing the request. 
  8.34     (4) A person or entity, not including a government entity, 
  8.35  shall not deny services to an individual because the individual 
  8.36  makes a written request pursuant to this subdivision. 
  9.1      Sec. 10.  Minnesota Statutes 2002, section 13.37, is 
  9.2   amended by adding a subdivision to read: 
  9.3      Subd. 6.  [CERTAIN HEALTH PLAN COMPANIES.] Notwithstanding 
  9.4   contrary provisions, subdivisions 4 and 5 apply to a health plan 
  9.5   company that is assessed less than three percent of the total 
  9.6   annual amount assessed by the Minnesota comprehensive health 
  9.7   association on and after July 1, 2006.  For purposes of this 
  9.8   calculation, "health plan company" includes its affiliates.  
  9.9      Sec. 11.  Minnesota Statutes 2002, section 13.37, is 
  9.10  amended by adding a subdivision to read: 
  9.11     Subd. 7.  [COORDINATION WITH OTHER LAW.] This section does 
  9.12  not prevent the collection, use, or release of a social security 
  9.13  number as required by state or federal law or the use of a 
  9.14  social security number for internal verification or 
  9.15  administrative purposes. 
  9.16     Sec. 12.  Minnesota Statutes 2002, section 13.37, is 
  9.17  amended by adding a subdivision to read: 
  9.18     Subd. 8.  [PUBLIC RECORDS.] This section does not apply to 
  9.19  documents that are recorded or required to be open to the public 
  9.20  pursuant to chapter 13 or by other law. 
  9.21     Sec. 13.  Minnesota Statutes 2002, section 13.37, is 
  9.22  amended by adding a subdivision to read: 
  9.23     Subd. 9.  [DEFINITIONS.] For purposes of this section, 
  9.24  "government entity" has the meaning given in section 13.02, 
  9.25  subdivision 7a, but does not include the Minnesota state 
  9.26  colleges and universities or the University of Minnesota. 
  9.27     Sec. 14.  Minnesota Statutes 2002, section 13.43, 
  9.28  subdivision 1, is amended to read: 
  9.29     Subdivision 1.  [DEFINITION.] As used in this section, 
  9.30  "personnel data" means data on individuals collected because the 
  9.31  individual is or was an employee of or an applicant for 
  9.32  employment by, performs services on a voluntary basis for, or 
  9.33  acts as an independent contractor with a state agency, statewide 
  9.34  system or political subdivision or is a member of or an 
  9.35  applicant for an advisory board or commission.  Personnel data 
  9.36  includes data submitted by an employee to a government entity as 
 10.1   part of an organized self-evaluation effort by the government 
 10.2   entity to request suggestions from all employees on ways to cut 
 10.3   costs, make government more efficient, or improve the operation 
 10.4   of government.  An employee who is identified in a suggestion 
 10.5   shall have access to all data in the suggestion except the 
 10.6   identity of the employee making the suggestion. 
 10.7      Sec. 15.  Minnesota Statutes 2002, section 13.462, 
 10.8   subdivision 2, is amended to read: 
 10.9      Subd. 2.  [PUBLIC DATA.] The names and addresses of 
 10.10  applicants for and recipients of benefits, aid, or assistance 
 10.11  through programs administered by any political subdivision, 
 10.12  state agency, or statewide system that are intended to assist 
 10.13  with the purchase of, rehabilitation, or other purposes related 
 10.14  to housing or other real property are classified as public data 
 10.15  on individuals.  If an applicant or recipient is a corporation, 
 10.16  the names and addresses of the officers of the corporation are 
 10.17  public data on individuals.  If an applicant or recipient is a 
 10.18  partnership, the names and addresses of the partners are public 
 10.19  data on individuals.  The amount or value of benefits, aid, or 
 10.20  assistance received is public data. 
 10.21     Sec. 16.  [13.468] [DATA SHARING WITHIN COUNTIES.] 
 10.22     County welfare, human services, corrections, public health, 
 10.23  and veterans service units within a county may inform each other 
 10.24  as to whether an individual or family currently is being served 
 10.25  by the county unit, without the consent of the subject of the 
 10.26  data.  Data that may be shared are limited to the following:  
 10.27  the name, telephone number, and last known address of the data 
 10.28  subject; and the identification and contact information 
 10.29  regarding personnel of the county unit responsible for working 
 10.30  with the individual or family.  If further information is 
 10.31  necessary for the county unit to carry out its duties, each 
 10.32  county unit may share additional data if the unit is authorized 
 10.33  by state statute or federal law to do so or the individual gives 
 10.34  written, informed consent.  
 10.35     Sec. 17.  Minnesota Statutes 2002, section 13.643, is 
 10.36  amended by adding a subdivision to read: 
 11.1      Subd. 5.  [DATA RECEIVED FROM FEDERAL GOVERNMENT.] All data 
 11.2   received by the department of agriculture from the United States 
 11.3   Department of Health and Human Services, the Food and Drug 
 11.4   Administration, and the Agriculture, Food Safety, and Inspection 
 11.5   Service for the purpose of carrying out the department of 
 11.6   agriculture's statutory food safety regulatory and enforcement 
 11.7   duties are classified as nonpublic data under section 13.02, 
 11.8   subdivision 9, and private data on individuals under section 
 11.9   13.02, subdivision 12. 
 11.10     Sec. 18.  Minnesota Statutes 2002, section 13.746, 
 11.11  subdivision 3, is amended to read: 
 11.12     Subd. 3.  [STATE LOTTERY.] (a)  [ACCESS TO CRIMINAL DATA.] 
 11.13  The state lottery director's access to criminal history data on 
 11.14  certain persons is governed by sections 349A.06, subdivision 4, 
 11.15  and 349A.07, subdivision 2. 
 11.16     (b)  [LOTTERY PRIZE WINNERS.] Certain data on lottery prize 
 11.17  winners are classified under section 349A.08, subdivision 9.  
 11.18     (c)  [ELECTRONIC TRANSMISSIONS.] Data on individuals 
 11.19  requesting electronic transmissions from the lottery are 
 11.20  classified in section 349A.08, subdivision 9.  
 11.21     Sec. 19.  Minnesota Statutes 2002, section 13.785, 
 11.22  subdivision 2, is amended to read: 
 11.25  Access to military certificates of discharge and to files 
 11.26  pertaining to claims for certain veterans benefits is governed 
 11.27  by section 196.08. 
 11.29  Disclosure of summary data and of the identity of a veteran 
 11.30  about whom information is received under sections 196.19 to 
 11.31  196.26, is governed by section 196.25. 
 11.32     Sec. 20.  Minnesota Statutes 2002, section 16C.06, is 
 11.33  amended by adding a subdivision to read: 
 11.34     Subd. 3a.  [INFORMATION IN BIDS AND PROPOSALS.] Data 
 11.35  relating to bids and proposals are governed by section 13.591. 
 11.36     Sec. 21.  Minnesota Statutes 2002, section 16C.10, 
 12.1   subdivision 7, is amended to read: 
 12.2      Subd. 7.  [REVERSE AUCTION.] (a) For the purpose of this 
 12.3   subdivision, "reverse auction" means a purchasing process in 
 12.4   which vendors compete to provide goods at the lowest selling 
 12.5   price in an open and interactive environment. 
 12.6      (b) The provisions of section sections 13.591, subdivision 
 12.7   3, and 16C.06, subdivisions subdivision 2 and 3, do not apply 
 12.8   when the commissioner determines that a reverse auction is the 
 12.9   appropriate purchasing process. 
 12.10     Sec. 22.  Minnesota Statutes 2002, section 196.08, is 
 12.11  amended to read: 
 12.13     (a) The contents of, and all files, records, reports, 
 12.14  papers and documents pertaining to, any claim for the benefits 
 12.15  of Laws 1943, chapter 420, whether pending or adjudicated, shall 
 12.16  be deemed confidential and privileged and no disclosure thereof 
 12.17  shall be made, without the consent in writing of the claimant 
 12.18  who has not been adjudicated incompetent, except as follows: 
 12.19     (a) (1) To said claimant personally, a duly appointed 
 12.20  guardian, an attorney in fact, or a duly authorized 
 12.21  representative, and as to personal matters, when, in the 
 12.22  judgment of the commissioner, such disclosure would not be 
 12.23  injurious to the physical or mental health of the claimant.  
 12.24     (b) (2) To the representatives of veterans' organizations 
 12.25  recognized by the United States government, not exceeding five 
 12.26  from each such veterans' organizations, and when such 
 12.27  representatives have been duly certified as such by the state 
 12.28  department of any such veterans' organizations in the state of 
 12.29  Minnesota.  
 12.30     (c) (3) In any court in the state of Minnesota which has 
 12.31  jurisdiction of the parties to, and subject matter of, an action 
 12.32  or proceeding therein pending, as found by said court, when 
 12.33  required to be produced by the process of such court, and then 
 12.34  only in open court, as evidence, in such action or proceeding 
 12.35  after a judge thereof shall have ruled the same to be relevant 
 12.36  and competent evidence in such action or proceeding according to 
 13.1   the laws and statutes of said state.  
 13.2      (b) Notwithstanding section 382.16, and except as 
 13.3   authorized in paragraph (c), no government entity may release 
 13.4   the contents of, or any files, records, reports, papers, or 
 13.5   documents pertaining to, United States government form DD214 or 
 13.6   DD215 or any other certificate of discharge from military 
 13.7   service to any person unless that person: 
 13.8      (1) provides proof of identity; 
 13.9      (2) demonstrates tangible interest; and 
 13.10     (3) completes the required release form prepared by the 
 13.11  government entity. 
 13.12     (c) Nothing in this section shall prohibit release of forms 
 13.13  DD214 and DD215 or other certificates of discharge from military 
 13.14  service by an employee or official within a government entity to 
 13.15  another employee or official within that government entity for 
 13.16  purposes of performance of official duties. 
 13.17     (d) Forms DD214 and DD215 and certificates of discharge 
 13.18  from military service filed with a government agency on or after 
 13.19  January 1, 2004, are classified as private data on individuals 
 13.20  under section 13.02, subdivision 12. 
 13.21     (e) Notwithstanding section 386.015, subdivision 5, no fee 
 13.22  may be charged by a government entity for the release of 
 13.23  information to a qualified person under this section.  
 13.24     (f) For purposes of paragraph (b), a person who has a 
 13.25  tangible interest is: 
 13.26     (1) the subject of the record, report, paper, or document; 
 13.27     (2) the surviving spouse of the subject, if the subject is 
 13.28  deceased; 
 13.29     (3) a surviving child of the subject, if the subject is 
 13.30  deceased and there is no surviving spouse; 
 13.31     (4) a surviving parent of the subject, if the subject is 
 13.32  deceased and there is no surviving spouse or surviving children; 
 13.33  and 
 13.34     (5) a duly appointed guardian, an attorney in fact, or a 
 13.35  duly authorized representative. 
 13.36     (g) For purposes of this section, the term "government 
 14.1   entity" has the meaning given in section 13.02, subdivision 7a. 
 14.2      Sec. 23.  Minnesota Statutes 2002, section 268.19, is 
 14.3   amended by adding a subdivision to read: 
 14.4      Subdivision 1a.  [WAGE DETAIL DATA.] (a) Wage and 
 14.5   employment data gathered pursuant to section 268.044 may be 
 14.6   disseminated to and used, without the consent of the subject of 
 14.7   the data, by an agency of another state that is designated as 
 14.8   the performance accountability and consumer information agency 
 14.9   for that state pursuant to Code of Federal Regulations, volume 
 14.10  20, part 663.510(c), in order to carry out the requirements of 
 14.11  the Workforce Investment Act of 1998, United States Code, title 
 14.12  29, sections 2842 and 2871. 
 14.13     (b) The commissioner may enter into a data exchange 
 14.14  agreement with an employment and training service provider under 
 14.15  section 116L.17, or the Workforce Investment Act of 1998, United 
 14.16  States Code, title 29, section 2864, under which the 
 14.17  commissioner, with the consent of the subject of the data, may 
 14.18  furnish data on the quarterly wages paid and number of hours 
 14.19  worked on those individuals who have received employment and 
 14.20  training services from the provider.  With the initial consent 
 14.21  of the subject of the data, this data may be shared for up to 
 14.22  three years after termination of the employment and training 
 14.23  services provided to the individual without execution of an 
 14.24  additional consent.  This data shall be furnished solely for the 
 14.25  purpose of evaluating the employment and training services 
 14.26  provided.  The data subject's ability to receive service is not 
 14.27  affected by a refusal to give consent under this paragraph.  The 
 14.28  consent form must state this fact. 
 14.29     Sec. 24.  Minnesota Statutes 2002, section 307.08, is 
 14.30  amended by adding a subdivision to read: 
 14.31     Subd. 11.  [BURIAL SITES DATA.] Burial sites locational and 
 14.32  related data maintained by the office of the state archaeologist 
 14.33  and accessible through the office's "Unplatted Burial Sites and 
 14.34  Earthworks in Minnesota" Web site are security information for 
 14.35  purposes of section 13.37.  Persons who gain access to the data 
 14.36  maintained on the site are subject to liability under section 
 15.1   13.08 and the penalty established by section 13.09 if they 
 15.2   improperly use or further disseminate the data. 
 15.3      Sec. 25.  Minnesota Statutes 2002, section 349A.08, 
 15.4   subdivision 9, is amended to read: 
 15.5      Subd. 9.  [PRIVACY.] (a) The phone number and street 
 15.6   address of a winner of a lottery prize is private data on 
 15.7   individuals under chapter 13. 
 15.8      (b) Data on an individual, including name, physical and 
 15.9   electronic address, and telephone number, that are given to the 
 15.10  lottery for direct marketing purposes are private data on 
 15.11  individuals as defined in section 13.02.  For purposes of this 
 15.12  subdivision, "direct marketing" means marketing conducted by the 
 15.13  lottery directly with the consumer.  
 15.14     Sec. 26.  Minnesota Statutes 2002, section 386.20, 
 15.15  subdivision 1, is amended to read: 
 15.16     Subdivision 1.  [RECORDATION.] (a) Certificates of 
 15.17  discharge from the United States army, the United States navy, 
 15.18  and the United States marine corps and releases or transfers 
 15.19  from active duty therein may be recorded in the office of the 
 15.20  county recorder of any county in this state by the person to 
 15.21  whom such discharge, release or transfer was issued without the 
 15.22  payment of any fee to the county recorder for recording the 
 15.23  same.  Upon the request of the person having such instrument 
 15.24  recorded, the county recorder shall not stamp, mark, or make any 
 15.25  endorsement upon any such certificate of discharge, release or 
 15.26  transfer, but after the recording thereof has been completed the 
 15.27  recorder shall return the certificate of discharge, release, or 
 15.28  transfer in the condition received.  
 15.29     (b) In any county where the compensation of the county 
 15.30  recorder consists of fees only, the county recorder shall be 
 15.31  entitled to a fee of 60 cents for recording such instrument, 
 15.32  which shall be paid by the county upon presentation of a 
 15.33  verified claim by the county recorder. 
 15.34     (c) The release of any information pertaining to military 
 15.35  certificates of discharge is governed by section 196.08. 
 15.36     Sec. 27.  [REPEALER.] 
 16.1      Minnesota Statutes 2002, sections 13.6401, subdivision 4; 
 16.2   270B.03, subdivision 8; Laws 2001, First Special Session chapter 
 16.3   10, article 2, section 40, are repealed. 
 16.4      Sec. 28.  [EFFECTIVE DATE; APPLICATION.] 
 16.5      Section 3 is effective August 1, 2003, and applies to 
 16.6   actions commenced on and after that date. 
 16.7      Sections 8 to 13 are effective July 1, 2005. 
 16.8      Sections 19, 22, and 26 are effective January 1, 2004. 
 16.9      Sections 18 and 25 are effective the day following final 
 16.10  enactment.