SF 361

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to data practices; providing for the
collection and dissemination of data; proposing and
modifying classifications of data; providing for
sharing and release of certain public data; allowing
certain boards to conduct meetings by telephone or
other electronic means; amending Minnesota Statutes
2004, sections 3.978, subdivision 2; 13.01,
subdivisions 1, 3; 13.02, subdivision 7; 13.03,
subdivisions 1, 2, 4, 5, 6, 8; 13.04, subdivisions 2,
4; 13.05, subdivisions 1, 4, 6, 7, 8, 9; 13.06,
subdivisions 1, 2, 3, 4; 13.07; 13.072, subdivision 4;
13.073, subdivision 3; 13.08, subdivisions 1, 2, 5;
13.203; 13.32, by adding a subdivision; 13.3805, by
adding a subdivision; 13.43, subdivisions 1, 2, 3;
13.46, subdivision 4; 13.601, by adding a subdivision;
13.82, subdivisions 1, 16; 116J.68, by adding a
subdivision; 116L.03, by adding a subdivision;
116L.665, by adding a subdivision; 116M.15, by adding
a subdivision; 116U.25; 270B.01, subdivision 5;
270B.03, subdivision 1; proposing coding for new law
in Minnesota Statutes, chapters 41A; 299C; repealing
Minnesota Statutes 2004, section 13.04, subdivision 5.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 3.978,
subdivision 2, is amended to read:

Subd. 2.

Inquiry and inspection power; duty to aid
legislative auditor.

All public officials and their deputies
and employees, and all corporations, firms, and individuals
having business involving the receipt, disbursement, or custody
of public funds shall at all times afford reasonable facilities
for examinations by the legislative auditor, make returns and
reports required by the legislative auditor, attend and answer
under oath the legislative auditor's lawful inquiries, produce
and exhibit all books, accounts, documents, new text begin data of any
classification, new text end and property that the legislative auditor
may deleted text begin desire deleted text end new text begin need new text end to inspect, and in all things aid the
legislative auditor in the performance of duties.

Sec. 2.

Minnesota Statutes 2004, section 13.01,
subdivision 1, is amended to read:

Subdivision 1.

Applicability.

All deleted text begin state agencies,
political subdivisions and statewide systems deleted text end new text begin government entities
new text end shall be governed by this chapter.

Sec. 3.

Minnesota Statutes 2004, section 13.01,
subdivision 3, is amended to read:

Subd. 3.

Scope.

This chapter regulates the collection,
creation, storage, maintenance, dissemination, and access to
government data in deleted text begin state agencies, statewide systems, and
political subdivisions deleted text end new text begin government entities new text end . It establishes a
presumption that government data are public and are accessible
by the public for both inspection and copying unless there is
federal law, a state statute, or a temporary classification of
data that provides that certain data are not public.

Sec. 4.

Minnesota Statutes 2004, section 13.02,
subdivision 7, is amended to read:

Subd. 7.

Government data.

"Government data" means all
data collected, created, received, maintained or disseminated by
any deleted text begin state agency, political subdivision, or statewide
system deleted text end new text begin government entity new text end regardless of its physical form,
storage media or conditions of use.

Sec. 5.

Minnesota Statutes 2004, section 13.03,
subdivision 1, is amended to read:

Subdivision 1.

Public data.

All government data
collected, created, received, maintained or disseminated by a
deleted text begin state agency, political subdivision, or statewide
system deleted text end new text begin government entity new text end shall be public unless classified by
statute, or temporary classification pursuant to section 13.06,
or federal law, as nonpublic or protected nonpublic, or with
respect to data on individuals, as private or confidential. The
responsible authority in every deleted text begin state agency, political
subdivision and statewide system deleted text end new text begin government entity new text end shall keep
records containing government data in such an arrangement and
condition as to make them easily accessible for convenient use.
Photographic, photostatic, microphotographic, or microfilmed
records shall be considered as accessible for convenient use
regardless of the size of such records.

Sec. 6.

Minnesota Statutes 2004, section 13.03,
subdivision 2, is amended to read:

Subd. 2.

Procedures.

(a) The responsible authority in
every deleted text begin state agency, political subdivision, and statewide
system deleted text end new text begin government entity new text end shall establish procedures, consistent
with this chapter, to insure that requests for government data
are received and complied with in an appropriate and prompt
manner.

(b) The responsible authority shall prepare public access
procedures in written form and update them no later than August
1 of each year as necessary to reflect any changes in personnel
or circumstances that might affect public access to government
data. The responsible authority shall make copies of the
written public access procedures easily available to the public
by distributing free copies of the procedures to the public or
by posting a copy of the procedures in a conspicuous place
within the government entity that is easily accessible to the
public.

(c) Full convenience and comprehensive accessibility shall
be allowed to researchers including historians, genealogists and
other scholars to carry out extensive research and complete
copying of all records containing government data except as
otherwise expressly provided by law.

A responsible authority may designate one or more designees.

Sec. 7.

Minnesota Statutes 2004, section 13.03,
subdivision 4, is amended to read:

Subd. 4.

Change in classification of data; effect of
dissemination among agencies.

(a) The classification of data in
the possession of an deleted text begin agency deleted text end new text begin entity new text end shall change if it is
required to do so to comply with either judicial or
administrative rules pertaining to the conduct of legal actions
or with a specific statute applicable to the data in the
possession of the disseminating or receiving deleted text begin agency deleted text end new text begin entity new text end .

(b) If data on individuals is classified as both private
and confidential by this chapter, or any other statute or
federal law, the data is private.

(c) To the extent that government data is disseminated to
deleted text begin state agencies, political subdivisions, or statewide systems deleted text end new text begin a
government entity new text end by another deleted text begin state agency, political
subdivision, or statewide system deleted text end new text begin government entity new text end , the data
disseminated shall have the same classification in the hands of
the deleted text begin agency deleted text end new text begin entity new text end receiving it as it had in the hands of the
entity providing it.

(d) If a deleted text begin state agency, statewide system, or political
subdivision deleted text end new text begin government entity new text end disseminates data to another deleted text begin state
agency, statewide system, or political subdivision deleted text end new text begin government
entity new text end , a classification provided for by law in the hands of the
entity receiving the data does not affect the classification of
the data in the hands of the entity that disseminates the data.

Sec. 8.

Minnesota Statutes 2004, section 13.03,
subdivision 5, is amended to read:

Subd. 5.

Copyright or patent of government data.

A deleted text begin state
agency, statewide system, or political subdivision deleted text end new text begin government
entity new text end may enforce a copyright or acquire a patent for a
computer software program or components of a program created by
that government deleted text begin agency deleted text end new text begin entity new text end without statutory authority. In
the event that a government deleted text begin agency deleted text end new text begin entity new text end acquires a patent to a
computer software program or component of a program, the data
shall be treated as trade secret information pursuant to section
13.37.

Sec. 9.

Minnesota Statutes 2004, section 13.03,
subdivision 6, is amended to read:

Subd. 6.

Discoverability of not public data.

If a deleted text begin state
agency, political subdivision, or statewide system deleted text end new text begin government
entity new text end opposes discovery of government data or release of data
pursuant to court order on the grounds that the data are
classified as not public, the party that seeks access to the
data may bring before the appropriate presiding judicial
officer, arbitrator, or administrative law judge an action to
compel discovery or an action in the nature of an action to
compel discovery.

The presiding officer shall first decide whether the data
are discoverable or releasable pursuant to the rules of evidence
and of criminal, civil, or administrative procedure appropriate
to the action.

If the data are discoverable the presiding officer shall
decide whether the benefit to the party seeking access to the
data outweighs any harm to the confidentiality interests of the
deleted text begin agency deleted text end new text begin entity new text end maintaining the data, or of any person who has
provided the data or who is the subject of the data, or to the
privacy interest of an individual identified in the data. In
making the decision, the presiding officer shall consider
whether notice to the subject of the data is warranted and, if
warranted, what type of notice must be given. The presiding
officer may fashion and issue any protective orders necessary to
assure proper handling of the data by the parties. If the data
are a videotape of a child victim or alleged victim alleging,
explaining, denying, or describing an act of physical or sexual
abuse, the presiding officer shall consider the provisions of
section 611A.90, subdivision 2, paragraph (b).

Sec. 10.

Minnesota Statutes 2004, section 13.03,
subdivision 8, is amended to read:

Subd. 8.

Change to classification of data not on
individuals.

Except for security information, nonpublic and
protected nonpublic data shall become public either ten years
after the creation of the data by the government deleted text begin agency deleted text end new text begin entity
new text end or ten years after the data was received or collected by any
governmental deleted text begin agency deleted text end new text begin entity new text end unless the responsible authority for
the originating or custodial deleted text begin agency deleted text end new text begin entity new text end for the data
reasonably determines that, if the data were made available to
the public or to the data subject, the harm to the public or to
a data subject would outweigh the benefit to the public or to
the data subject. If the responsible authority denies access to
the data, the person denied access may challenge the denial by
bringing an action in district court seeking release of the
data. The action shall be brought in the district court located
in the county where the data are being maintained, or, in the
case of data maintained by a state agency, in any county. The
data in dispute shall be examined by the court in camera. In
deciding whether or not to release the data, the court shall
consider the benefits and harms in the same manner as set forth
above. The court shall make a written statement of findings in
support of its decision.

Sec. 11.

Minnesota Statutes 2004, section 13.04,
subdivision 2, is amended to read:

Subd. 2.

Information required to be given individual.

An
individual asked to supply private or confidential data
concerning the individual shall be informed of: (a) the purpose
and intended use of the requested data within the collecting
deleted text begin state agency, political subdivision, or statewide
system deleted text end new text begin government entity new text end ; (b) whether the individual may refuse
or is legally required to supply the requested data; (c) any
known consequence arising from supplying or refusing to supply
private or confidential data; and (d) the identity of other
persons or entities authorized by state or federal law to
receive the data. This requirement shall not apply when an
individual is asked to supply investigative data, pursuant to
section 13.82, subdivision 7, to a law enforcement officer.

Sec. 12.

Minnesota Statutes 2004, section 13.04,
subdivision 4, is amended to read:

Subd. 4.

Procedure when data is not accurate or
complete.

(a) An individual subject of the data may contest the
accuracy or completeness of public or private data. To exercise
this right, an individual shall notify in writing the
responsible authority describing the nature of the
disagreement. The responsible authority shall within 30 days
either: (1) correct the data found to be inaccurate or
incomplete and attempt to notify past recipients of inaccurate
or incomplete data, including recipients named by the
individual; or (2) notify the individual that the authority
believes the data to be correct. Data in dispute shall be
disclosed only if the individual's statement of disagreement is
included with the disclosed data.

The determination of the responsible authority may be
appealed pursuant to the provisions of the Administrative
Procedure Act relating to contested cases. Upon receipt of an
appeal by an individual, the commissioner shall, before issuing
the order and notice of a contested case hearing required by
chapter 14, try to resolve the dispute through education,
conference, conciliation, or persuasion. If the parties
consent, the commissioner may refer the matter to mediation.
Following these efforts, the commissioner shall dismiss the
appeal or issue the order and notice of hearing.

(b) Data on individuals that have been successfully
challenged by an individual must be completed, corrected, or
destroyed by a state agency, political subdivision, or statewide
system without regard to the requirements of section 138.17.

After completing, correcting, or destroying successfully
challenged data, a deleted text begin state agency, political subdivision, or
statewide system deleted text end new text begin government entity new text end may retain a copy of the
commissioner of administration's order issued under chapter 14
or, if no order were issued, a summary of the dispute between
the parties that does not contain any particulars of the
successfully challenged data.

Sec. 13.

Minnesota Statutes 2004, section 13.05,
subdivision 1, is amended to read:

Subdivision 1.

Public document of data categories.

The
responsible authority shall prepare a public document containing
the authority's name, title and address, and a description of
each category of record, file, or process relating to private or
confidential data on individuals maintained by the
authority's deleted text begin state agency, statewide system, or political
subdivision deleted text end new text begin government entity new text end . Forms used to collect private
and confidential data shall be included in the public document.
Beginning August 1, 1977 and annually thereafter, the
responsible authority shall update the public document and make
any changes necessary to maintain the accuracy of the document.
The document shall be available from the responsible authority
to the public in accordance with the provisions of sections
13.03 and 15.17.

Sec. 14.

Minnesota Statutes 2004, section 13.05,
subdivision 4, is amended to read:

Subd. 4.

Limitations on collection and use of data.

Private or confidential data on an individual shall not be
collected, stored, used, or disseminated by deleted text begin political
subdivisions, statewide systems, or state agencies deleted text end new text begin government
entities new text end for any purposes other than those stated to the
individual at the time of collection in accordance with section
13.04, except as provided in this subdivision.

(a) Data collected prior to August 1, 1975, and which have
not been treated as public data, may be used, stored, and
disseminated for the purposes for which the data was originally
collected or for purposes which are specifically approved by the
commissioner as necessary to public health, safety, or welfare.

(b) Private or confidential data may be used and
disseminated to individuals or deleted text begin agencies deleted text end new text begin entities new text end specifically
authorized access to that data by state, local, or federal law
enacted or promulgated after the collection of the data.

(c) Private or confidential data may be used and
disseminated to individuals or deleted text begin agencies deleted text end new text begin entities new text end subsequent to
the collection of the data when the responsible authority
maintaining the data has requested approval for a new or
different use or dissemination of the data and that request has
been specifically approved by the commissioner as necessary to
carry out a function assigned by law.

(d) Private data may be used by and disseminated to any
person or deleted text begin agency deleted text end new text begin entity new text end if the individual subject or subjects of
the data have given their informed consent. Whether a data
subject has given informed consent shall be determined by rules
of the commissioner. The format for informed consent is as
follows, unless otherwise prescribed by the HIPAA, Standards for
Privacy of Individually Identifiable Health Information, 65 Fed.
Reg. 82, 461 (2000) (to be codified as Code of Federal
Regulations, title 45, section 164): informed consent shall not
be deemed to have been given by an individual subject of the
data by the signing of any statement authorizing any person
or deleted text begin agency deleted text end new text begin entity new text end to disclose information about the individual to
an insurer or its authorized representative, unless the
statement is:

(1) in plain language;

(2) dated;

(3) specific in designating the particular persons or
agencies the data subject is authorizing to disclose information
about the data subject;

(4) specific as to the nature of the information the
subject is authorizing to be disclosed;

(5) specific as to the persons or deleted text begin agencies deleted text end new text begin entities new text end to whom
the subject is authorizing information to be disclosed;

(6) specific as to the purpose or purposes for which the
information may be used by any of the parties named in clause
(5), both at the time of the disclosure and at any time in the
future;

(7) specific as to its expiration date which should be
within a reasonable period of time, not to exceed one year
except in the case of authorizations given in connection with
applications for (i) life insurance or noncancelable or
guaranteed renewable health insurance and identified as such,
two years after the date of the policy or (ii) medical
assistance under chapter 256B or MinnesotaCare under chapter
256L, which shall be ongoing during all terms of eligibility,
for individual education plan health-related services provided
by a school district under section 125A.21, subdivision 2.

The responsible authority may require a person requesting
copies of data under this paragraph to pay the actual costs of
making, certifying, and compiling the copies.

(e) Private or confidential data on an individual may be
discussed at a meeting open to the public to the extent provided
in section 13D.05.

Sec. 15.

Minnesota Statutes 2004, section 13.05,
subdivision 6, is amended to read:

Subd. 6.

Contracts.

Except as provided in section 13.46,
subdivision 5, in any contract between a deleted text begin governmental
unit deleted text end new text begin government entity new text end subject to this chapter and any person,
when the contract requires that data on individuals be made
available to the contracting parties by the deleted text begin governmental unit
deleted text end new text begin government entity new text end , that data shall be administered consistent
with this chapter. A contracting party shall maintain the data
on individuals which it received according to the statutory
provisions applicable to the data.

Sec. 16.

Minnesota Statutes 2004, section 13.05,
subdivision 7, is amended to read:

Subd. 7.

Preparation of summary data.

The use of summary
data derived from private or confidential data on individuals
under the jurisdiction of one or more responsible authorities is
permitted. Unless classified pursuant to section 13.06, another
statute, or federal law, summary data is public. The
responsible authority shall prepare summary data from private or
confidential data on individuals upon the request of any person
if the request is in writing and the cost of preparing the
summary data is borne by the requesting person. The responsible
authority may delegate the power to prepare summary data (1) to
the administrative officer responsible for any central
repository of summary data; or (2) to a person outside of deleted text begin its
agency deleted text end new text begin the entity new text end if the person's purpose is set forth, in
writing, and the person agrees not to disclose, and the
deleted text begin agency deleted text end new text begin entity new text end reasonably determines that the access will not
compromise private or confidential data on individuals.

Sec. 17.

Minnesota Statutes 2004, section 13.05,
subdivision 8, is amended to read:

Subd. 8.

Publication of access procedures.

The
responsible authority shall prepare a public document setting
forth in writing the rights of the data subject pursuant to
section 13.04 and the specific procedures in effect in the deleted text begin state
agency, statewide system or political subdivision deleted text end new text begin government
entity new text end for access by the data subject to public or private data
on individuals.

Sec. 18.

Minnesota Statutes 2004, section 13.05,
subdivision 9, is amended to read:

Subd. 9.

Intergovernmental access of data.

A responsible
authority shall allow another responsible authority access to
data classified as not public only when the access is authorized
or required by statute or federal law. An deleted text begin agency deleted text end new text begin entity new text end that
supplies government data under this subdivision may require the
requesting deleted text begin agency deleted text end new text begin entity new text end to pay the actual cost of supplying the
data.

Sec. 19.

Minnesota Statutes 2004, section 13.06,
subdivision 1, is amended to read:

Subdivision 1.

Application to commissioner.

Notwithstanding the provisions of section 13.03, the responsible
authority of a deleted text begin state agency, political subdivision, or statewide
system deleted text end new text begin government entity new text end may apply to the commissioner for
permission to classify data or types of data on individuals as
private or confidential, or data not on individuals as nonpublic
or protected nonpublic, for its own use and for the use of other
similar deleted text begin agencies, political subdivisions, or statewide
systems deleted text end new text begin government entities new text end on a temporary basis until a
proposed statute can be acted upon by the legislature. The
application for temporary classification is public.

Upon the filing of an application for temporary
classification, the data which is the subject of the application
shall be deemed to be classified as set forth in the application
for a period of 45 days, or until the application is
disapproved, rejected, or granted by the commissioner, whichever
is earlier.

If the commissioner determines that an application has been
submitted for purposes not consistent with this section, the
commissioner may immediately reject the application, give notice
of that rejection to the applicant, and return the application.
When the applicant receives the notice of rejection from the
commissioner, the data which was the subject of the application
shall have the classification it had before the application was
submitted to the commissioner.

Sec. 20.

Minnesota Statutes 2004, section 13.06,
subdivision 2, is amended to read:

Subd. 2.

Contents of application for private or
confidential data.

An application for temporary classification
of data on individuals shall include and the applicant shall
have the burden of clearly establishing that no statute
currently exists which either allows or forbids classification
as private or confidential; and either

(a) that data similar to that for which the temporary
classification is sought has been treated as either private or
confidential by other deleted text begin state agencies or political
subdivisions deleted text end new text begin government entities new text end , and by the public; or

(b) that a compelling need exists for immediate temporary
classification, which if not granted could adversely affect the
public interest or the health, safety, well being or reputation
of the data subject.

Sec. 21.

Minnesota Statutes 2004, section 13.06,
subdivision 3, is amended to read:

Subd. 3.

Contents of application for nonpublic or
nonpublic protected data.

An application for temporary
classification of government data not on individuals shall
include and the applicant shall have the burden of clearly
establishing that no statute currently exists which either
allows or forbids classification as nonpublic or protected
nonpublic; and either

(a) that data similar to that for which the temporary
classification is sought has been treated as nonpublic or
protected nonpublic by other deleted text begin state agencies or political
subdivisions deleted text end new text begin government entities new text end , and by the public; or

(b) public access to the data would render unworkable a
program authorized by law; or

(c) that a compelling need exists for immediate temporary
classification, which if not granted could adversely affect the
health, safety or welfare of the public.

Sec. 22.

Minnesota Statutes 2004, section 13.06,
subdivision 4, is amended to read:

Subd. 4.

Procedure when classification affects others.

If the commissioner determines that an application for temporary
classification involves data which would reasonably be
classified in the same manner by all deleted text begin agencies, political
subdivisions, or statewide systems deleted text end new text begin government entities new text end similar
to the one which made the application, the commissioner may
approve or disapprove the classification for data of the kind
which is the subject of the application for the use of
all deleted text begin agencies, political subdivisions, or statewide
systems deleted text end new text begin government entities new text end similar to the applicant. On
deeming this approach advisable, the commissioner shall provide
notice of the proposed action by publication in the State
Register within ten days of receiving the application. Within
30 days after publication in the State Register an
affected deleted text begin agency, political subdivision, deleted text end new text begin government entity or new text end the
public deleted text begin , or statewide system deleted text end may submit comments on the
commissioner's proposal. The commissioner shall consider any
comments received when granting or denying a classification for
data of the kind which is the subject of the application, for
the use of all deleted text begin agencies, political subdivisions, or statewide
systems deleted text end new text begin government entities new text end similar to the applicant. Within 45
days after the close of the period for submitting comment, the
commissioner shall grant or disapprove the application.
Applications processed under this subdivision shall be either
approved or disapproved by the commissioner within 90 days of
the receipt of the application. For purposes of subdivision 1,
the data which is the subject of the classification shall be
deemed to be classified as set forth in the application for a
period of 90 days, or until the application is disapproved or
granted by the commissioner, whichever is earlier. If requested
in the application, or determined to be necessary by the
commissioner, the data in the application shall be so classified
for all deleted text begin agencies, political subdivisions, or statewide
systems deleted text end new text begin government entities new text end similar to the applicant until the
application is disapproved or granted by the commissioner,
whichever is earlier. Proceedings after the grant or
disapproval shall be governed by the provisions of subdivision 5.

Sec. 23.

Minnesota Statutes 2004, section 13.07, is
amended to read:

13.07 DUTIES OF THE COMMISSIONER.

The commissioner shall promulgate rules, in accordance with
the rulemaking procedures in the Administrative Procedure Act
which shall apply to deleted text begin state agencies, statewide systems and
political subdivisions deleted text end new text begin government entities new text end to implement the
enforcement and administration of this chapter. The rules shall
not affect section 13.04, relating to rights of subjects of
data. Prior to the adoption of rules authorized by this section
the commissioner shall give notice to all state agencies and
political subdivisions in the same manner and in addition to
other parties as required by section 14.06 of the date and place
of hearing, enclosing a copy of the rules to be adopted.

Sec. 24.

Minnesota Statutes 2004, section 13.072,
subdivision 4, is amended to read:

Subd. 4.

Data submitted to commissioner.

A deleted text begin state agency,
statewide system, or political subdivision deleted text end new text begin government entity new text end may
submit not public data to the commissioner for the purpose of
requesting or responding to a person's request for an opinion.
Government data submitted to the commissioner by a deleted text begin state agency,
statewide system, or political subdivision deleted text end new text begin government entity new text end or
copies of government data submitted by other persons have the
same classification as the data have when held by the deleted text begin state
agency, statewide system, or political subdivision deleted text end new text begin government
entity new text end . If the nature of the opinion is such that the release
of the opinion would reveal not public data, the commissioner
may issue an opinion using pseudonyms for individuals. Data
maintained by the commissioner, in the record of an opinion
issued using pseudonyms that would reveal the identities of
individuals protected by the use of the pseudonyms, are private
data on individuals.

Sec. 25.

Minnesota Statutes 2004, section 13.073,
subdivision 3, is amended to read:

Subd. 3.

Basic training.

The basic training component
should be designed to meet the basic information policy needs of
all government employees and public officials with a focus on
key data practices laws and procedures that apply to all
government entities. The commissioner should design the basic
training component in a manner that minimizes duplication of the
effort and cost for government entities to provide basic
training. The commissioner may develop general programs and
materials for basic training such as video presentations, data
practices booklets, and training guides. The commissioner may
assist state and local government deleted text begin agencies deleted text end new text begin entities new text end in
developing training expertise within their own deleted text begin agencies deleted text end new text begin entities
new text end and offer assistance for periodic training sessions for this
purpose.

Sec. 26.

Minnesota Statutes 2004, section 13.08,
subdivision 1, is amended to read:

Subdivision 1.

Action for damages.

Notwithstanding
section 466.03, a deleted text begin political subdivision, deleted text end responsible authority deleted text begin ,
statewide system, deleted text end or deleted text begin state agency deleted text end new text begin government entity new text end which
violates any provision of this chapter is liable to a person or
representative of a decedent who suffers any damage as a result
of the violation, and the person damaged or a representative in
the case of private data on decedents or confidential data on
decedents may bring an action against the deleted text begin political subdivision,
deleted text end responsible authority deleted text begin , statewide system deleted text end or deleted text begin state agency
deleted text end new text begin government entity new text end to cover any damages sustained, plus costs and
reasonable attorney fees. In the case of a willful violation,
the deleted text begin political subdivision, statewide system or state
agency deleted text end new text begin government entity new text end shall, in addition, be liable to
exemplary damages of not less than $100, nor more than $10,000
for each violation. The state is deemed to have waived any
immunity to a cause of action brought under this chapter.

Sec. 27.

Minnesota Statutes 2004, section 13.08,
subdivision 2, is amended to read:

Subd. 2.

Injunction.

A deleted text begin political subdivision,
deleted text end responsible authority deleted text begin , statewide system deleted text end or deleted text begin state agency
deleted text end new text begin government entity new text end which violates or proposes to violate this
chapter may be enjoined by the district court. The court may
make any order or judgment as may be necessary to prevent the
use or employment by any person of any practices which violate
this chapter.

Sec. 28.

Minnesota Statutes 2004, section 13.08,
subdivision 5, is amended to read:

Subd. 5.

Immunity from liability.

A deleted text begin state agency,
statewide system, political subdivision, deleted text end new text begin government entity new text end or
person that releases not public data pursuant to an order under
section 13.03, subdivision 6 is immune from civil and criminal
liability.

Sec. 29.

Minnesota Statutes 2004, section 13.203, is
amended to read:

13.203 SERVICE COOPERATIVE CLAIMS DATA.

new text begin (a) new text end Claims experience and all related information received
from carriers and claims administrators participating in a group
health or dental plan, including any long-term disability plan,
offered through the Minnesota service cooperatives to Minnesota
school districts and other political subdivisions, and survey
information collected from employees and employers participating
in these plans and programs, except when the executive director
of a Minnesota service cooperative determines that release of
the data will not be detrimental to the plan or program, are
classified as nonpublic data not on individuals.

new text begin (b) Any data classified by this section must, upon request,
be disclosed to the following:
new text end

new text begin (1) a company bidding to provide insurance coverage to a
public entity that is provided insurance by the service
cooperative;
new text end

new text begin (2) a government entity participating in the service
cooperative;
new text end

new text begin (3) an exclusive bargaining representative that represents
employees who receive insurance through the service cooperative;
and
new text end

new text begin (4) the Minnesota commissioners of employee relations and
finance.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 30.

Minnesota Statutes 2004, section 13.32, is
amended by adding a subdivision to read:

new text begin Subd. 10. new text end

new text begin Education records; child with disability.
new text end

new text begin Nothing in this chapter shall be construed as limiting the
frequency of inspection of the educational records of a child
with a disability by the child's parent or guardian or by the
child upon the child reaching the age of majority. An agency or
institution may not charge a fee to search for or to retrieve
the educational records. An agency or institution that receives
a request for copies of the educational records of a child with
a disability may charge a fee that reflects the costs of
reproducing the records except when to do so would impair the
ability of the child's parent or guardian, or the child who has
reached the age of majority, to exercise their right to inspect
and review those records.
new text end

Sec. 31.

Minnesota Statutes 2004, section 13.3805, is
amended by adding a subdivision to read:

new text begin Subd. 3. new text end

new text begin Office of health facility complaints;
investigative data. new text end

new text begin Except for investigative data under section
626.556, all investigative data maintained by the Department of
Health's Office of Health Facility Complaints are subject to
provisions of and classified pursuant to section 626.557,
subdivision 12b, paragraphs (b) to (d). Notwithstanding
sections 626.556, subdivision 11, and 626.557, subdivision 12b,
paragraph (b), data identifying an individual substantiated as
the perpetrator are public data. For purposes of this
subdivision, an individual is substantiated as the perpetrator
if the commissioner of health determines that the individual is
the perpetrator and the determination of the commissioner is
upheld after the individual either exercises applicable
administrative appeal rights or fails to exercise these rights
within the time allowed by law.
new text end

Sec. 32.

Minnesota Statutes 2004, section 13.43,
subdivision 1, is amended to read:

Subdivision 1.

Definition.

As used in this section,
"personnel data" means data on individuals collected because the
individual is or was an employee of or an applicant for
employment by, performs services on a voluntary basis for, or
acts as an independent contractor with a deleted text begin state agency, statewide
system or political subdivision or is a member of or an
applicant for an advisory board or commission deleted text end new text begin government entity new text end .
Personnel data includes data submitted by an employee to a
government entity as part of an organized self-evaluation effort
by the government entity to request suggestions from all
employees on ways to cut costs, make government more efficient,
or improve the operation of government. An employee who is
identified in a suggestion shall have access to all data in the
suggestion except the identity of the employee making the
suggestion.

Sec. 33.

Minnesota Statutes 2004, 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 deleted text begin state agency, statewide system, or political subdivision and
members of advisory boards or commissions deleted text end new text begin government entity new text end is
public:

(1) name; employee identification number, which must not be
the employee's Social Security number; actual gross salary;
salary range; 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 terms of any agreement settling any dispute arising
out of an employment relationship, including a buyout agreement
as defined in section 123B.143, subdivision 2, 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;
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 state agency, statewide system, or political
subdivision makes its final decision about the disciplinary
action, regardless of the possibility of any later proceedings
or court proceedings. 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. Final disposition includes a resignation
by an individual when the resignation occurs after the final
decision of the state agency, statewide system, political
subdivision, or arbitrator.

(c) The state agency, statewide system, or political
subdivision may display a photograph of a current or former
employee to a prospective witness as part of the state agency's,
statewide system's, or political subdivision's investigation of
any complaint or charge against the employee.

(d) A complainant has access to a statement provided by the
complainant to a state agency, statewide system, or political
subdivision in connection with a complaint or charge against an
employee.

(e) Notwithstanding paragraph (a), clause (5), 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; and

(3) executive or administrative heads of departments,
bureaus, divisions, or institutions.

Sec. 34.

Minnesota Statutes 2004, section 13.43,
subdivision 3, is amended to read:

Subd. 3.

Applicant data.

Except for applicants described
in subdivision 5, the following personnel data on current and
former applicants for employment by a deleted text begin state agency, statewide
system or political subdivision or appointment to an advisory
board or commission deleted text end new text begin government entity new text end is public: veteran
status; relevant test scores; rank on eligible list; job
history; education and training; and work availability. Names
of applicants shall be private data except when certified as
eligible for appointment to a vacancy or when applicants are
considered by the appointing authority to be finalists for a
position in public employment. For purposes of this
subdivision, "finalist" means an individual who is selected to
be interviewed by the appointing authority prior to selection.
deleted text begin Names and home addresses of applicants for appointment to and
members of an advisory board or commission are public.
deleted text end

Sec. 35.

Minnesota Statutes 2004, section 13.46,
subdivision 4, is amended to read:

Subd. 4.

Licensing data.

(a) As used in this subdivision:

(1) "licensing data" means all data collected, maintained,
used, or disseminated by the welfare system pertaining to
persons licensed or registered or who apply for licensure or
registration or who formerly were licensed or registered under
the authority of the commissioner of human services;

(2) "client" means a person who is receiving services from
a licensee or from an applicant for licensure; and

(3) "personal and personal financial data" means Social
Security numbers, identity of and letters of reference,
insurance information, reports from the Bureau of Criminal
Apprehension, health examination reports, and social/home
studies.

(b)(1) Except as provided in paragraph (c), the following
data on current and former licensees are public: name, address,
telephone number of licensees, date of receipt of a completed
application, dates of licensure, licensed capacity, type of
client preferred, variances granted, new text begin record of training and
education in child care and child development, new text end type of dwelling,
name and relationship of other family members, previous license
history, class of license, deleted text begin and deleted text end the existence and status of
complaints new text begin , and the number of serious injuries to or deaths of
individuals in the licensed program as reported to the
commissioner of human services, the local social services
agency, or any other county welfare agency. For purposes of
this clause, a serious injury is one that is treated by a
physician new text end . When a correction order or fine has been issued, a
license is suspended, immediately suspended, revoked, denied, or
made conditional, or a complaint is resolved, the following data
on current and former licensees are public: the substance and
investigative findings of the new text begin licensing or maltreatment
new text end complaint, licensing violation, or substantiated maltreatment;
the record of informal resolution of a licensing violation;
orders of hearing; findings of fact; conclusions of law;
specifications of the final correction order, fine, suspension,
immediate suspension, revocation, denial, or conditional license
contained in the record of licensing action; and the status of
any appeal of these actions. deleted text begin When an individual licensee is a
substantiated perpetrator of maltreatment, and the substantiated
maltreatment is a reason for the licensing action, the identity
of the licensee as a perpetrator is public data. For purposes
of this clause, a person is a substantiated perpetrator if the
maltreatment determination has been upheld under section
626.556, subdivision 10i, 626.557, subdivision 9d, or 256.045,
or an individual or facility has not timely exercised appeal
rights under these sections.
deleted text end

new text begin (2) Notwithstanding sections 626.556, subdivision 11, and
626.557, subdivision 12b, when any person subject to
disqualification under section 245C.14 in connection with a
license to provide family day care for children, child care
center services, foster care for children in the provider's
home, or foster care or day care services for adults in the
provider's home is a substantiated perpetrator of maltreatment,
and the substantiated maltreatment is a reason for a licensing
action, the identity of the substantiated perpetrator of
maltreatment is public data. For purposes of this clause, a
person is a substantiated perpetrator if the maltreatment
determination has been upheld under section 256.045; 626.556,
subdivision 10i; 626.557, subdivision 9d; or chapter 14, or if
an individual or facility has not timely exercised appeal rights
under these sections.
new text end

deleted text begin (2) deleted text end new text begin (3) new text end For applicants who withdraw their application prior
to licensure or denial of a license, the following data are
public: the name of the applicant, the city and county in which
the applicant was seeking licensure, the dates of the
commissioner's receipt of the initial application and completed
application, the type of license sought, and the date of
withdrawal of the application.

deleted text begin (3) deleted text end new text begin (4) new text end For applicants who are denied a license, the
following data are public: the name of the applicant, the city
and county in which the applicant was seeking licensure, the
dates of the commissioner's receipt of the initial application
and completed application, the type of license sought, the date
of denial of the application, the nature of the basis for the
denial, and the status of any appeal of the denial.

deleted text begin (4) deleted text end new text begin (5) new text end The following data on persons subject to
disqualification under section 245C.14 in connection with a
license to provide family day care for children, child care
center services, foster care for children in the provider's
home, or foster care or day care services for adults in the
provider's home, are public: the nature of any disqualification
set aside under section 245C.22, subdivisions 2 and 4, and the
reasons for setting aside the disqualification; new text begin the nature of
any disqualification for which a variance was granted under
sections 245A.04, subdivision 9; and 245C.30, new text end and the reasons
for granting any variance under section 245A.04, subdivision 9 new text begin ;
and, if applicable, the disclosure that any person subject to a
background study under section 245C.03, subdivision 1, has
successfully passed a background study new text end .

deleted text begin (5) deleted text end new text begin (6) new text end When maltreatment is substantiated under section
626.556 or 626.557 and the victim and the substantiated
perpetrator are affiliated with a program licensed under chapter
245A, the commissioner of human services, local social services
agency, or county welfare agency may inform the license holder
where the maltreatment occurred of the identity of the
substantiated perpetrator and the victim.

(c) The following are private data on individuals under
section 13.02, subdivision 12, or nonpublic data under section
13.02, subdivision 9: personal and personal financial data on
family day care program and family foster care program
applicants and licensees and their family members who provide
services under the license.

(d) The following are private data on individuals: the
identity of persons who have made reports concerning licensees
or applicants that appear in inactive investigative data, and
the records of clients or employees of the licensee or applicant
for licensure whose records are received by the licensing agency
for purposes of review or in anticipation of a contested
matter. The names of reporters under sections 626.556 and
626.557 may be disclosed only as provided in section 626.556,
subdivision 11, or 626.557, subdivision 12b.

(e) Data classified as private, confidential, nonpublic, or
protected nonpublic under this subdivision become public data if
submitted to a court or administrative law judge as part of a
disciplinary proceeding in which there is a public hearing
concerning a license which has been suspended, immediately
suspended, revoked, or denied.

(f) Data generated in the course of licensing
investigations that relate to an alleged violation of law are
investigative data under subdivision 3.

(g) Data that are not public data collected, maintained,
used, or disseminated under this subdivision that relate to or
are derived from a report as defined in section 626.556,
subdivision 2, or 626.5572, subdivision 18, are subject to the
destruction provisions of sections 626.556, subdivision 11c, and
626.557, subdivision 12b.

(h) Upon request, not public data collected, maintained,
used, or disseminated under this subdivision that relate to or
are derived from a report of substantiated maltreatment as
defined in section 626.556 or 626.557 may be exchanged with the
Department of Health for purposes of completing background
studies pursuant to section 144.057 and with the Department of
Corrections for purposes of completing background studies
pursuant to section 241.021.

(i) Data on individuals collected according to licensing
activities under chapters 245A and 245C, and data on individuals
collected by the commissioner of human services according to
maltreatment investigations under sections 626.556 and 626.557,
may be shared with the Department of Human Rights, the
Department of Health, the Department of Corrections, the
Ombudsman for Mental Health and Retardation, and the
individual's professional regulatory board when there is reason
to believe that laws or standards under the jurisdiction of
those agencies may have been violated.

(j) In addition to the notice of determinations required
under section 626.556, subdivision 10f, if the commissioner or
the local social services agency has determined that an
individual is a substantiated perpetrator of maltreatment of a
child based on sexual abuse, as defined in section 626.556,
subdivision 2, and the commissioner or local social services
agency knows that the individual is a person responsible for a
child's care in another facility, the commissioner or local
social services agency shall notify the head of that facility of
this determination. The notification must include an
explanation of the individual's available appeal rights and the
status of any appeal. If a notice is given under this
paragraph, the government entity making the notification shall
provide a copy of the notice to the individual who is the
subject of the notice.

Sec. 36.

Minnesota Statutes 2004, section 13.601, is
amended by adding a subdivision to read:

new text begin Subd. 3. new text end

new text begin Applicants for election or appointment. new text end

new text begin All
data about applicants for election or appointment to a public
body, including those public bodies subject to chapter 13D, are
public.
new text end

Sec. 37.

Minnesota Statutes 2004, section 13.82,
subdivision 1, is amended to read:

Subdivision 1.

Application.

This section shall apply to
agencies which carry on a law enforcement function, including
but not limited to municipal police departments, county sheriff
departments, fire departments, the Bureau of Criminal
Apprehension, the Minnesota State Patrol, the Board of Peace
Officer Standards and Training, deleted text begin the Division of Insurance Fraud
Prevention in deleted text end the Department of Commerce, and the program
integrity section of, and county human service agency client and
provider fraud prevention and control units operated or
supervised by the Department of Human Services.

Sec. 38.

Minnesota Statutes 2004, section 13.82,
subdivision 16, is amended to read:

Subd. 16.

Public access.

When data is classified as
public under this section, a law enforcement agency shall not be
required to make the actual physical data available to the
public if it is not administratively feasible to segregate the
public data from the deleted text begin confidential deleted text end new text begin not public new text end . However, the
agency must make the information described as public data
available to the public in a reasonable manner. When
investigative data becomes inactive, as described in subdivision
7, the actual physical data associated with that investigation,
including the public data, shall be available for public access.

Sec. 39.

new text begin [41A.0235] BOARD MEETINGS BY TELEPHONE OR OTHER
ELECTRONIC MEANS.
new text end

new text begin (a) If compliance with section 13D.02 is impractical, the
Minnesota Agricultural and Economic Development Board may
conduct a meeting of its members by telephone or other
electronic means so long as the following conditions are met:
new text end

new text begin (1) all members of the board participating in the meeting,
wherever their physical location, can hear one another and can
hear all discussion and testimony;
new text end

new text begin (2) members of the public present at the regular meeting
location of the board can hear clearly and understand all
discussion and testimony and all votes of members of the board;
new text end

new text begin (3) at least one member of the board is physically present
at the regular meeting location; and
new text end

new text begin (4) all votes are conducted by roll call, so each member's
vote on each issue can be identified and recorded.
new text end

new text begin (b) Each member of the board participating in a meeting by
telephone or other electronic means is considered present at the
meeting for purposes of determining a quorum and participating
in all proceedings.
new text end

new text begin (c) If telephone or other electronic means is used to
conduct a meeting, the board, to the extent practical, shall
allow a person to monitor the meeting electronically from a
remote location. The board may require the person making such a
connection to pay for documented marginal costs that the board
incurs as a result of the additional connection.
new text end

new text begin (d) If telephone or other electronic means is used to
conduct a regular, special, or emergency meeting, the board
shall provide notice of the regular meeting location, of the
fact that some members may participate by telephone or other
electronic means, and of the provisions of paragraph (c). The
timing and method of providing notice is governed by section
13D.04.
new text end

Sec. 40.

Minnesota Statutes 2004, section 116J.68, is
amended by adding a subdivision to read:

new text begin Subd. 5. new text end

new text begin Advisory board meetings. new text end

new text begin (a) If compliance with
section 13D.02 is impractical, the Small Business Development
Center Advisory Board, created pursuant to United State Code,
title 15, section 648, may conduct a meeting of its members by
telephone or other electronic means so long as the following
conditions are met:
new text end

new text begin (1) all members of the board participating in the meeting,
wherever their physical location, can hear one another and can
hear all discussion and testimony;
new text end

new text begin (2) members of the public present at the regular meeting
location of the board can hear clearly and understand all
discussion and testimony and all votes of members of the board;
new text end

new text begin (3) at least one member of the board is physically present
at the regular meeting location; and
new text end

new text begin (4) all votes are conducted by roll call, so each member's
vote on each issue can be identified and recorded.
new text end

new text begin (b) Each member of the board participating in a meeting by
telephone or other electronic means is considered present at the
meeting for purposes of determining a quorum and participating
in all proceedings.
new text end

new text begin (c) If telephone or other electronic means is used to
conduct a meeting, the board, to the extent practical, shall
allow a person to monitor the meeting electronically from a
remote location. The board may require the person making such a
connection to pay for documented marginal costs that the board
incurs as a result of the additional connection.
new text end

new text begin (d) If telephone or other electronic means is used to
conduct a regular, special, or emergency meeting, the board
shall provide notice of the regular meeting location, of the
fact that some members may participate by telephone or other
electronic means, and of the provisions of paragraph (c). The
timing and method of providing notice is governed by section
13D.04.
new text end

Sec. 41.

Minnesota Statutes 2004, section 116L.03, is
amended by adding a subdivision to read:

new text begin Subd. 8. new text end

new text begin Board meetings. new text end

new text begin (a) If compliance with section
13D.02 is impractical, the Minnesota Job Skills Partnership
Board may conduct a meeting of its members by telephone or other
electronic means so long as the following conditions are met:
new text end

new text begin (1) all members of the board participating in the meeting,
wherever their physical location, can hear one another and can
hear all discussion and testimony;
new text end

new text begin (2) members of the public present at the regular meeting
location of the board can hear clearly and understand all
discussion and testimony and all votes of members of the board;
new text end

new text begin (3) at least one member of the board is physically present
at the regular meeting location; and
new text end

new text begin (4) all votes are conducted by roll call, so each member's
vote on each issue can be identified and recorded.
new text end

new text begin (b) Each member of the board participating in a meeting by
telephone or other electronic means is considered present at the
meeting for purposes of determining a quorum and participating
in all proceedings.
new text end

new text begin (c) If telephone or other electronic means is used to
conduct a meeting, the board, to the extent practical, shall
allow a person to monitor the meeting electronically from a
remote location. The board may require the person making such a
connection to pay for documented marginal costs that the board
incurs as a result of the additional connection.
new text end

new text begin (d) If telephone or other electronic means is used to
conduct a regular, special, or emergency meeting, the board
shall provide notice of the regular meeting location, of the
fact that some members may participate by telephone or other
electronic means, and of the provisions of paragraph (c). The
timing and method of providing notice is governed by section
13D.04.
new text end

Sec. 42.

Minnesota Statutes 2004, section 116L.665, is
amended by adding a subdivision to read:

new text begin Subd. 2a. new text end

new text begin Council meetings. new text end

new text begin (a) If compliance with
section 13D.02 is impractical, the Governor's Workforce
Development Council may conduct a meeting of its members by
telephone or other electronic means so long as the following
conditions are met:
new text end

new text begin (1) all members of the council participating in the
meeting, wherever their physical location, can hear one another
and can hear all discussion and testimony;
new text end

new text begin (2) members of the public present at the regular meeting
location of the council can hear clearly and understand all
discussion and testimony and all votes of members of the
council;
new text end

new text begin (3) at least one member of the council is physically
present at the regular meeting location; and
new text end

new text begin (4) all votes are conducted by roll call, so each member's
vote on each issue can be identified and recorded.
new text end

new text begin (b) Each member of the council participating in a meeting
by telephone or other electronic means is considered present at
the meeting for purposes of determining a quorum and
participating in all proceedings.
new text end

new text begin (c) If telephone or other electronic means is used to
conduct a meeting, the council, to the extent practical, shall
allow a person to monitor the meeting electronically from a
remote location. The council may require the person making such
a connection to pay for documented marginal costs that the
council incurs as a result of the additional connection.
new text end

new text begin (d) If telephone or other electronic means is used to
conduct a regular, special, or emergency meeting, the council
shall provide notice of the regular meeting location, of the
fact that some members may participate by telephone or other
electronic means, and of the provisions of paragraph (c). The
timing and method of providing notice is governed by section
13D.04.
new text end

Sec. 43.

Minnesota Statutes 2004, section 116M.15, is
amended by adding a subdivision to read:

new text begin Subd. 5. new text end

new text begin Board meeting. new text end

new text begin (a) If compliance with section
13D.02 is impractical, the Urban Initiative Board may conduct a
meeting of its members by telephone or other electronic means so
long as the following conditions are met:
new text end

new text begin (1) all members of the board participating in the meeting,
wherever their physical location, can hear one another and can
hear all discussion and testimony;
new text end

new text begin (2) members of the public present at the regular meeting
location of the board can hear clearly and understand all
discussion and testimony and all votes of members of the board;
new text end

new text begin (3) at least one member of the board is physically present
at the regular meeting location; and
new text end

new text begin (4) all votes are conducted by roll call, so each member's
vote on each issue can be identified and recorded.
new text end

new text begin (b) Each member of the board participating in a meeting by
telephone or other electronic means is considered present at the
meeting for purposes of determining a quorum and participating
in all proceedings.
new text end

new text begin (c) If telephone or other electronic means is used to
conduct a meeting, the board, to the extent practical, shall
allow a person to monitor the meeting electronically from a
remote location. The board may require the person making such a
connection to pay for documented marginal costs that the board
incurs as a result of the additional connection.
new text end

new text begin (d) If telephone or other electronic means is used to
conduct a regular, special, or emergency meeting, the board
shall provide notice of the regular meeting location, of the
fact that some members may participate by telephone or other
electronic means, and of the provisions of paragraph (c). The
timing and method of providing notice is governed by section
13D.04.
new text end

Sec. 44.

Minnesota Statutes 2004, section 116U.25, is
amended to read:

116U.25 EXPLORE MINNESOTA TOURISM COUNCIL.

(a) The director shall be advised by the Explore Minnesota
Tourism Council consisting of up to 28 voting members appointed
by the governor for four-year terms, including:

(1) the director of Explore Minnesota Tourism who serves as
the chair;

(2) eleven representatives of statewide associations
representing bed and breakfast establishments, golf, festivals
and events, counties, convention and visitor bureaus, lodging,
resorts, trails, campgrounds, restaurants, and chambers of
commerce;

(3) one representative from each of the four tourism
marketing regions of the state as designated by the office;

(4) six representatives of the tourism business
representing transportation, retail, travel agencies, tour
operators, travel media, and convention facilities;

(5) one or more ex-officio nonvoting members including at
least one from the University of Minnesota Tourism Center;

(6) four legislators, two from each house, one each from
the two largest political party caucuses in each house,
appointed according to the rules of the respective houses; and

(7) other persons, if any, as designated from time to time
by the governor.

(b) The council shall act to serve the broader interests of
tourism in Minnesota by promoting activities that support,
maintain, and expand the state's domestic and international
travel market, thereby generating increased visitor
expenditures, tax revenue, and employment.

(c) Filling of membership vacancies is as provided in
section 15.059. The terms of one-half of the members shall be
coterminous with the governor and the terms of the remaining
one-half of the members shall end on the first Monday in January
one year after the terms of the other members. Members may
serve until their successors are appointed and qualify. Members
are not compensated. A member may be reappointed.

(d) The council shall meet at least four times per year and
at other times determined by the council. Notwithstanding
section 15.059, the council does not expire.

new text begin (e) If compliance with section 13D.02 is impractical, the
Explore Minnesota Tourism Council may conduct a meeting of its
members by telephone or other electronic means so long as the
following conditions are met:
new text end

new text begin (1) all members of the council participating in the
meeting, wherever their physical location, can hear one another
and can hear all discussion and testimony;
new text end

new text begin (2) members of the public present at the regular meeting
location of the council can hear clearly and understand all
discussion and testimony and all votes of members of the
council;
new text end

new text begin (3) at least one member of the council is physically
present at the regular meeting location; and
new text end

new text begin (4) all votes are conducted by roll call, so each member's
vote on each issue can be identified and recorded.
new text end

new text begin (f) Each member of the council participating in a meeting
by telephone or other electronic means is considered present at
the meeting for purposes of determining a quorum and
participating in all proceedings.
new text end

new text begin (g) If telephone or other electronic means is used to
conduct a meeting, the council, to the extent practical, shall
allow a person to monitor the meeting electronically from a
remote location. The council may require the person making such
a connection to pay for documented marginal costs that the
council incurs as a result of the additional connection.
new text end

new text begin (h) If telephone or other electronic means is used to
conduct a regular, special, or emergency meeting, the council
shall provide notice of the regular meeting location, of the
fact that some members may participate by telephone or other
electronic means, and of the provisions of paragraph (g). The
timing and method of providing notice is governed by section
13D.04.
new text end

Sec. 45.

Minnesota Statutes 2004, section 270B.01,
subdivision 5, is amended to read:

Subd. 5.

Taxpayer identity.

"Taxpayer identity" means
the name of a person with respect to whom a return is filed, or
the person's mailing address, or the person's taxpayer
identifying number. new text begin "Taxpayer identity" does not include the
state taxpayer identifying number of a business entity, which is
classified as public data.
new text end

Sec. 46.

Minnesota Statutes 2004, section 270B.03,
subdivision 1, is amended to read:

Subdivision 1.

Who may inspect.

Returns and return
information must, on request, be made open to inspection by or
disclosure to the data subject. The request must be made in
writing or in accordance with written procedures of the chief
disclosure officer of the department that have been approved by
the commissioner to establish the identification of the person
making the request as the data subject. For purposes of this
chapter, the following are the data subject:

(1) in the case of an individual return, that individual;

(2) in the case of an income tax return filed jointly,
either of the individuals with respect to whom the return is
filed;

(3) deleted text begin in the case of a partnership return, any person who was
a member of the partnership during any part of the period
covered by the return;
deleted text end

deleted text begin (4) in the case of the return of a corporation or its
subsidiary:
deleted text end

deleted text begin (i) any person designated by resolution of the board of
directors or other similar governing body;
deleted text end

deleted text begin (ii) any officer or employee of the corporation upon
written request signed by any officer and attested to by the
secretary or another officer;
deleted text end

deleted text begin (iii) any bona fide shareholder of record owning one
percent or more of the outstanding stock of the corporation;
deleted text end

deleted text begin (iv) if the corporation is a corporation that has made an
election under section 1362 of the Internal Revenue Code of
1986, as amended through December 31, 1988, any person who was a
shareholder during any part of the period covered by the return
during which an election was in effect; or
deleted text end

deleted text begin (v) if the corporation has been dissolved, any person
authorized by state law to act for the corporation or any person
who would have been authorized if the corporation had not been
dissolved deleted text end new text begin in the case of a return filed by a business entity, an
officer of a corporation, a shareholder owning more than one
percent of the stock, or any shareholder of an S corporation; a
general partner in a partnership; the owner of a sole
proprietorship; a member or manager of a limited liability
company; a participant in a joint venture; the individual who
signed the return on behalf of the business entity; or an
employee who is responsible for handling the tax matters of the
business entity, such as the tax manager, bookkeeper, or
managing agent new text end ;

deleted text begin (5) deleted text end new text begin (4) new text end in the case of an estate return:

(i) the personal representative or trustee of the estate;
and

(ii) any beneficiary of the estate as shown on the federal
estate tax return;

deleted text begin (6) deleted text end new text begin (5) new text end in the case of a trust return:

(i) the trustee or trustees, jointly or separately; and

(ii) any beneficiary of the trust as shown in the trust
instrument;

deleted text begin (7) deleted text end new text begin (6) new text end if liability has been assessed to a transferee
under section 289A.31, subdivision 3, the transferee is the data
subject with regard to the returns and return information
relating to the assessed liability;

deleted text begin (8) deleted text end new text begin (7) new text end in the case of an Indian tribal government or an
Indian tribal government-owned entity,

(i) the chair of the tribal government, or

(ii) any person authorized by the tribal government; and

deleted text begin (9) deleted text end new text begin (8) new text end in the case of a successor as defined in section
270.102, subdivision 1, paragraph (b), the successor is the data
subject and information may be disclosed as provided by section
270.102, subdivision 4.

Sec. 47.

new text begin [299C.40] COMPREHENSIVE INCIDENT-BASED REPORTING
SYSTEM.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this
subdivision apply to this section.
new text end

new text begin (b) "CIBRS" means the Comprehensive Incident-Based
Reporting System, located in the Department of Public Safety and
managed by the Bureau of Criminal Apprehension, Criminal Justice
Information Systems Section. A reference in this section to
"CIBRS" includes the Bureau of Criminal Apprehension.
new text end

new text begin (c) "Law enforcement agency" means a Minnesota municipal
police department, a Minnesota county sheriff's department, the
Bureau of Criminal Apprehension, or the Minnesota State Patrol.
new text end

new text begin Subd. 2. new text end

new text begin Purpose. new text end

new text begin CIBRS is a statewide system containing
data from law enforcement agencies. Data in CIBRS must be made
available to law enforcement agencies only for purposes of
criminal investigations being conducted in order to prepare a
case against a person, whether known or unknown, for the
commission of a crime or other offense, or for purposes of
background investigations required by state statute.
new text end

new text begin Subd. 3. new text end

new text begin Data classification; general rule; changes in
classification; audit trail. new text end

new text begin (a) The classification of data in
the law enforcement agency does not change after the data is
submitted to CIBRS.
new text end

new text begin (b) Data on individuals created, collected, received,
maintained, or disseminated by CIBRS is classified as
confidential data on individuals as defined in section 13.02,
subdivision 3, and becomes private data on individuals as
defined in section 13.02, subdivision 12, as provided by this
section.
new text end

new text begin (c) Data not on individuals created, collected, received,
maintained, or disseminated by CIBRS is classified as protected
nonpublic data as defined in section 13.02, subdivision 13, and
becomes nonpublic data as defined in section 13.02, subdivision
9, as provided by this section.
new text end

new text begin (d) Confidential or protected nonpublic data created,
collected, received, maintained, or disseminated by CIBRS must
automatically change classification from confidential data to
private data or from protected nonpublic data to nonpublic data
on the earlier of the following dates:
new text end

new text begin (1) upon receipt by CIBRS of notice from a law enforcement
agency that an investigation has become inactive; or
new text end

new text begin (2) when the data has not been updated by the law
enforcement agency that submitted it for a period of 120 days.
new text end

new text begin (e) For the purposes of this section, an investigation
becomes inactive upon the occurrence of any of the events listed
in section 13.82, subdivision 7, clauses (a) to (c).
new text end

new text begin (f) Ten days before making a data classification change
because data has not been updated, CIBRS must notify the law
enforcement agency that submitted the data that a classification
change will be made on the 120th day. The notification must
inform the law enforcement agency that the data will retain its
classification as confidential or protected nonpublic data if
the law enforcement agency updates the data or notifies CIBRS
that the investigation is still active before the 120th day. A
new 120-day period begins if the data is updated or if a law
enforcement agency notifies CIBRS that an active investigation
is continuing.
new text end

new text begin (g) A law enforcement agency that submits data to CIBRS
must notify CIBRS if an investigation has become inactive so
that the data is classified as private data or nonpublic data.
The law enforcement agency must provide this notice to CIBRS
within ten days after an investigation becomes inactive.
new text end

new text begin (h) All queries and responses and all actions in which data
is submitted to CIBRS, changes classification, or is
disseminated by CIBRS to any law enforcement agency must be
recorded in the CIBRS audit trail.
new text end

new text begin Subd. 4. new text end

new text begin Access to cibrs data by law enforcement agency
personnel. new text end

new text begin Only law enforcement agency personnel with
certification from the Bureau of Criminal Apprehension may
access CIBRS data. The bureau shall by rule under chapter 14
provide procedures for certification of law enforcement agency
personnel allowed access to CIBRS data. Access to CIBRS data by
particular law enforcement agency personnel may be limited
through the use of purpose codes that correspond to the official
duties and training level of the personnel. The bureau may
designate persons who may have access to CIBRS data only as
necessary to operate or maintain CIBRS.
new text end

new text begin Subd. 5. new text end

new text begin Access to cibrs data by data subject. new text end

new text begin Upon
request to the Bureau of Criminal Apprehension or to a law
enforcement agency participating in CIBRS, an individual shall
be informed whether the individual is the subject of private or
confidential data held by CIBRS. An individual who is the
subject of private data held by CIBRS may obtain access to the
data by making a request to the Bureau of Criminal Apprehension
or to a participating law enforcement agency. Private data
provided to the subject under this subdivision must also include
the name of the law enforcement agency that submitted the data
to CIBRS and the name, telephone number, and address of the
responsible authority of that law enforcement agency.
new text end

new text begin Subd. 6. new text end

new text begin Challenge to completeness and accuracy of data.
new text end

new text begin An individual who is the subject of public or private data held
by CIBRS and who wants to challenge the completeness or accuracy
of the data under section 13.04, subdivision 4, must notify in
writing the responsible authority of the participating law
enforcement agency. A law enforcement agency must notify the
Bureau of Criminal Apprehension when data held by CIBRS is
challenged. The notification must identify the data that was
challenged and the subject of the data. CIBRS must include any
notification received under this paragraph whenever
disseminating data about which no determination has been made.
When the responsible authority of a law enforcement agency
completes, corrects, or destroys successfully challenged data,
the corrected data must be submitted to CIBRS and any future
dissemination must be of the corrected data.
new text end

Sec. 48. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 13.04, subdivision 5, is
repealed.
new text end