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Minnesota Legislature

Office of the Revisor of Statutes

SF 10

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

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

  1.1                          A bill for an act 
  1.2             relating to state government; updating references; 
  1.3             increasing the threshold project amount for designer 
  1.4             selection board approval; modifying building code 
  1.5             language; modifying state procurement provisions; 
  1.6             eliminating a report; regulating data practices; 
  1.7             providing for the classification and dissemination of 
  1.8             certain data; providing for public access; authorizing 
  1.9             the commissioner of administration to render opinions 
  1.10            in certain circumstances; amending Minnesota Statutes 
  1.11            2002, sections 13.072, subdivisions 1, 2; 13.08, 
  1.12            subdivision 4; 13.32, by adding a subdivision; 13.37, 
  1.13            subdivision 3; 13.43, subdivision 1; 13.643, by adding 
  1.14            a subdivision; 13.746, subdivision 3; 13.785, 
  1.15            subdivision 2; 16B.054; 16B.24, subdivisions 1, 5; 
  1.16            16B.33, subdivision 3; 16B.61, subdivision 1a; 16B.62, 
  1.17            subdivision 1; 16C.06, by adding a subdivision; 
  1.18            16C.08, subdivision 4; 16C.10, subdivisions 5, 7; 
  1.19            16C.15; 16C.16, subdivision 7; 196.08; 268.19, by 
  1.20            adding a subdivision; 307.08, by adding a subdivision; 
  1.21            327A.01, subdivision 2; 349A.08, subdivision 9; 
  1.22            386.20, subdivision 1; proposing coding for new law in 
  1.23            Minnesota Statutes, chapters 13; 16C; repealing 
  1.24            Minnesota Statutes 2002, sections 13.6401, subdivision 
  1.25            4; 16C.18, subdivision 1; 270B.03, subdivision 8; Laws 
  1.26            2001, First Special Session chapter 10, article 2, 
  1.27            section 40. 
  1.28  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.29                             ARTICLE 1
  1.30                    DEPARTMENT OF ADMINISTRATION
  1.31     Section 1.  Minnesota Statutes 2002, section 16B.054, is 
  1.32  amended to read: 
  1.33     16B.054 [DEVELOPMENTAL DISABILITIES.] 
  1.34     The department of administration is designated as the 
  1.35  responsible agency to assist the Minnesota governor's council on 
  1.36  developmental disabilities in carrying out all responsibilities 
  2.1   under United States Code, title 42, section 6021 et seq. the 
  2.2   Developmental Disabilities Assistance and Bill of Rights Act of 
  2.3   2000, also known as United States Code, title 42, sections 15001 
  2.4   to 15115, and Public Law 106-402 (October 30, 2000, 106th 
  2.5   Congress), as well as those responsibilities relating to the 
  2.6   program which are not delegated to the council. 
  2.7      Sec. 2.  Minnesota Statutes 2002, section 16B.24, 
  2.8   subdivision 1, is amended to read: 
  2.9      Subdivision 1.  [OPERATION AND MAINTENANCE OF BUILDINGS.] 
  2.10  The commissioner is authorized to maintain and operate the state 
  2.11  capitol building and grounds, subject to whatever standards and 
  2.12  policies are set for its appearance and cleanliness by the 
  2.13  capitol area architectural and planning board and the 
  2.14  commissioner under section 15.50, subdivision 2, clause (j), and 
  2.15  all other buildings, cafeterias, and grounds in state-owned 
  2.16  buildings in the capitol area under section 15.50, subdivision 
  2.17  2, clause (a), the state department of public safety, bureau of 
  2.18  criminal apprehension building in St. Paul, the state department 
  2.19  of health building in Minneapolis, the Duluth government 
  2.20  services center in Duluth, 321 Grove Street buildings in St. 
  2.21  Paul, any other properties acquired by the department of 
  2.22  administration, and, when the commissioner considers it 
  2.23  advisable and practicable, any other building or premises owned 
  2.24  or rented by the state for the use of a state agency.  The 
  2.25  commissioner shall assign and reassign office space in the 
  2.26  capitol and state buildings to make an equitable division of 
  2.27  available space among agencies.  The commissioner shall 
  2.28  regularly update the long-range strategic plan for locating 
  2.29  agencies and shall follow the plan in assigning and reassigning 
  2.30  space to agencies.  The plan must include locational and urban 
  2.31  design criteria, a cost-analysis method to be used in weighing 
  2.32  state ownership against leasing of space in specific instances, 
  2.33  and a transportation management plan.  If the commissioner 
  2.34  determines that a deviation from the plan is necessary or 
  2.35  desirable in a specific instance, the commissioner shall provide 
  2.36  the legislature with a timely written explanation of the reasons 
  3.1   for the deviation.  The power granted in this subdivision does 
  3.2   not apply to state hospitals or to educational, penal, 
  3.3   correctional, or other institutions not enumerated in this 
  3.4   subdivision the control of which is vested by law in some other 
  3.5   agency.  
  3.6      Sec. 3.  Minnesota Statutes 2002, section 16B.24, 
  3.7   subdivision 5, is amended to read: 
  3.8      Subd. 5.  [RENTING OUT STATE PROPERTY.] (a)  [AUTHORITY.] 
  3.9   The commissioner may rent out state property, real or personal, 
  3.10  that is not needed for public use, if the rental is not 
  3.11  otherwise provided for or prohibited by law.  The property may 
  3.12  not be rented out for more than five years at a time without the 
  3.13  approval of the state executive council and may never be rented 
  3.14  out for more than 25 years.  A rental agreement may provide that 
  3.15  the state will reimburse a tenant for a portion of capital 
  3.16  improvements that the tenant makes to state real property if the 
  3.17  state does not permit the tenant to renew the lease at the end 
  3.18  of the rental agreement. 
  3.19     (b)  [RESTRICTIONS.] Paragraph (a) does not apply to state 
  3.20  trust fund lands, other state lands under the jurisdiction of 
  3.21  the department of natural resources, lands forfeited for 
  3.22  delinquent taxes, lands acquired under section 298.22, or lands 
  3.23  acquired under section 41.56 which are under the jurisdiction of 
  3.24  the department of agriculture.  
  3.25     (c)  [FORT SNELLING CHAPEL; RENTAL.] The Fort Snelling 
  3.26  Chapel, located within the boundaries of Fort Snelling State 
  3.27  Park, is available for use only on payment of a rental fee.  The 
  3.28  commissioner shall establish rental fees for both public and 
  3.29  private use.  The rental fee for private use by an organization 
  3.30  or individual must reflect the reasonable value of equivalent 
  3.31  rental space.  Rental fees collected under this section must be 
  3.32  deposited in the general fund.  
  3.33     (d)  [RENTAL OF LIVING ACCOMMODATIONS.] The commissioner 
  3.34  shall establish rental rates for all living accommodations 
  3.35  provided by the state for its employees.  Money collected as 
  3.36  rent by state agencies pursuant to this paragraph must be 
  4.1   deposited in the state treasury and credited to the general fund.
  4.2      (e)  [LEASE OF SPACE IN CERTAIN STATE BUILDINGS TO STATE 
  4.3   AGENCIES.] The commissioner may lease portions of the 
  4.4   state-owned buildings in the capitol complex, the capitol square 
  4.5   building, the health building, the Duluth government center, and 
  4.6   the building at 1246 University Avenue, St. Paul, Minnesota, to 
  4.7   state agencies and the court administrator on behalf of the 
  4.8   judicial branch of state government and charge rent on the basis 
  4.9   of space occupied.  Notwithstanding any law to the contrary, all 
  4.10  money collected as rent pursuant to the terms of this section 
  4.11  shall be deposited in the state treasury.  Money collected as 
  4.12  rent to recover the bond interest costs of a building funded 
  4.13  from the state bond proceeds fund shall be credited to the 
  4.14  general fund.  Money collected as rent to recover the 
  4.15  depreciation costs of a building funded from the state bond 
  4.16  proceeds fund and money collected as rent to recover capital 
  4.17  expenditures from capital asset preservation and replacement 
  4.18  appropriations and statewide building access appropriations 
  4.19  shall be credited to a segregated account in a special revenue 
  4.20  fund.  Money in the account is appropriated to the commissioner 
  4.21  to be expended for asset preservation projects as determined by 
  4.22  the commissioner.  Money collected as rent to recover the 
  4.23  depreciation and interest costs of a building built with other 
  4.24  state dedicated funds shall be credited to the dedicated fund 
  4.25  which funded the original acquisition or construction.  All 
  4.26  other money received shall be credited to the general services 
  4.27  revolving fund. 
  4.28     Sec. 4.  Minnesota Statutes 2002, section 16B.33, 
  4.29  subdivision 3, is amended to read: 
  4.30     Subd. 3.  [AGENCIES MUST REQUEST DESIGNER.] (a) 
  4.31  [APPLICATION.] Upon undertaking a project with an estimated cost 
  4.32  greater than $750,000 $2,000,000 or a planning project with 
  4.33  estimated fees greater than $60,000 $200,000, every user agency, 
  4.34  except the capitol area architectural and planning board, shall 
  4.35  submit a written request for a primary designer for its project 
  4.36  to the commissioner, who shall forward the request to the 
  5.1   board.  The University of Minnesota and the Minnesota state 
  5.2   colleges and universities shall follow the process in 
  5.3   subdivision 3a to select designers for their projects.  The 
  5.4   written request must include a description of the project, the 
  5.5   estimated cost of completing the project, a description of any 
  5.6   special requirements or unique features of the proposed project, 
  5.7   and other information which will assist the board in carrying 
  5.8   out its duties and responsibilities set forth in this section.  
  5.9      (b)  [REACTIVATED PROJECT.] If a project for which a 
  5.10  designer has been selected by the board becomes inactive, 
  5.11  lapses, or changes as a result of project phasing, insufficient 
  5.12  appropriations, or other reasons, the commissioner, the 
  5.13  Minnesota state colleges and universities, or the University of 
  5.14  Minnesota may, if the project is reactivated, retain the same 
  5.15  designer to complete the project.  
  5.16     (c)  [FEE LIMIT REACHED AFTER DESIGNER SELECTED.] If a 
  5.17  project initially estimated to be below the cost and planning 
  5.18  fee limits of this subdivision has its cost or planning fees 
  5.19  revised so that the limits are exceeded, the project must be 
  5.20  referred to the board for designer selection even if a primary 
  5.21  designer has already been selected.  In this event, the board 
  5.22  may, without conducting interviews, elect to retain the 
  5.23  previously selected designer if it determines that the interests 
  5.24  of the state are best served by that decision and shall notify 
  5.25  the commissioner of its determination. 
  5.26     Sec. 5.  Minnesota Statutes 2002, section 16B.61, 
  5.27  subdivision 1a, is amended to read: 
  5.28     Subd. 1a.  [ADMINISTRATION BY COMMISSIONER.] The 
  5.29  commissioner shall administer and enforce the State Building 
  5.30  Code as a municipality with respect to public buildings and 
  5.31  state licensed facilities in the state.  The commissioner shall 
  5.32  establish appropriate permit, plan review, and inspection fees 
  5.33  for public buildings and state licensed facilities.  Fees and 
  5.34  surcharges for public buildings and state licensed facilities 
  5.35  must be remitted to the commissioner, who shall deposit them in 
  5.36  the state treasury for credit to the special revenue fund. 
  6.1      Municipalities other than the state having a contractual an 
  6.2   agreement with the commissioner for code administration and 
  6.3   enforcement service for public buildings and state licensed 
  6.4   facilities shall charge their customary fees, including 
  6.5   surcharge, to be paid directly to the contractual jurisdiction 
  6.6   by the applicant seeking authorization to construct a public 
  6.7   building or a state licensed facility.  The commissioner shall 
  6.8   contract sign an agreement with a municipality other than the 
  6.9   state for plan review, code administration, and code enforcement 
  6.10  service for public buildings and state licensed facilities in 
  6.11  the contractual jurisdiction if the building officials of the 
  6.12  municipality meet the requirements of section 16B.65 and wish to 
  6.13  provide those services and if the commissioner determines that 
  6.14  the municipality has enough adequately trained and qualified 
  6.15  building inspectors to provide those services for the 
  6.16  construction project. 
  6.17     The commissioner may direct the state building official to 
  6.18  assist a community that has been affected by a natural disaster 
  6.19  with building evaluation and other activities related to 
  6.20  building codes. 
  6.21     Administration and enforcement in a municipality under this 
  6.22  section must apply any optional provisions of the State Building 
  6.23  Code adopted by the municipality.  A municipality adopting any 
  6.24  optional code provision shall notify the state building official 
  6.25  within 30 days of its adoption. 
  6.26     The commissioner shall administer and enforce the 
  6.27  provisions of the code relating to elevators statewide, except 
  6.28  as provided for under section 16B.747, subdivision 3. 
  6.29     Sec. 6.  Minnesota Statutes 2002, section 16B.62, 
  6.30  subdivision 1, is amended to read: 
  6.31     Subdivision 1.  [MUNICIPAL ENFORCEMENT.] The State Building 
  6.32  Code applies statewide and supersedes the building code of any 
  6.33  municipality.  A municipality must not by ordinance or through 
  6.34  development agreement require building code provisions 
  6.35  regulating components or systems of any residential structure 
  6.36  that are different from any provision of the State Building 
  7.1   Code.  A municipality may, with the approval of the state 
  7.2   building official, adopt an ordinance that is more restrictive 
  7.3   than the State Building Code where geological conditions warrant 
  7.4   a more restrictive ordinance.  A municipality may appeal the 
  7.5   disapproval of a more restrictive ordinance to the 
  7.6   commissioner.  An appeal under this subdivision is subject to 
  7.7   the schedule, fee, procedures, cost provisions, and appeal 
  7.8   rights set out in section 16B.67.  The State Building Code does 
  7.9   not apply to agricultural buildings except with respect to state 
  7.10  inspections required or rulemaking authorized by sections 
  7.11  103F.141, 216C.19, subdivision 8, and 326.244.  All 
  7.12  municipalities shall adopt and enforce the State Building Code 
  7.13  with respect to new construction within their respective 
  7.14  jurisdictions.  
  7.15     If a city has adopted or is enforcing the State Building 
  7.16  Code on June 3, 1977, or determines by ordinance after that date 
  7.17  to undertake enforcement, it shall enforce the code within the 
  7.18  city.  A city may by ordinance and with permission of the 
  7.19  township board extend the enforcement of the code to contiguous 
  7.20  unincorporated territory not more than two miles distant from 
  7.21  its corporate limits in any direction if the code is not in 
  7.22  effect in the territory.  Where two or more noncontiguous cities 
  7.23  which have elected to enforce the code have boundaries less than 
  7.24  four miles apart, each is authorized to enforce the code on its 
  7.25  side of a line equidistant between them.  Once enforcement 
  7.26  authority is extended extraterritorially by ordinance, the 
  7.27  authority may continue to be exercised in the designated 
  7.28  territory even though another city less than four miles distant 
  7.29  later elects to enforce the code.  After the extension, the city 
  7.30  may enforce the code in the designated area to the same extent 
  7.31  as if the property were situated within its corporate limits.  
  7.32     Enforcement of the code in an extended area outside a 
  7.33  city's corporate limits includes all rules, laws, and ordinances 
  7.34  associated with administration of the code. 
  7.35     A city which, on June 3, 1977, had not adopted the code may 
  7.36  not commence enforcement of the code within or outside of its 
  8.1   jurisdiction until it has provided written notice to the 
  8.2   commissioner, the county auditor, and the town clerk of each 
  8.3   town in which it intends to enforce the code.  A public hearing 
  8.4   on the proposed enforcement must be held not less than 30 days 
  8.5   after the notice has been provided.  Enforcement of the code by 
  8.6   the city outside of its jurisdiction commences on the first day 
  8.7   of January in the year following the notice and hearing.  
  8.8      Municipalities may provide for the issuance of permits, 
  8.9   inspection, and enforcement within their jurisdictions by means 
  8.10  which are convenient, and lawful, including by means of 
  8.11  contracts with other municipalities pursuant to section 471.59, 
  8.12  and with qualified individuals.  The other municipalities or 
  8.13  qualified individuals may be reimbursed by retention or 
  8.14  remission of some or all of the building permit fee collected or 
  8.15  by other means.  In areas of the state where inspection and 
  8.16  enforcement is unavailable from qualified employees of 
  8.17  municipalities, the commissioner shall train and designate 
  8.18  individuals available to carry out inspection and enforcement on 
  8.19  a fee basis.  Nothing in this section prohibits a municipality 
  8.20  from adopting ordinances relating to zoning, subdivision, or 
  8.21  planning unless the ordinance conflicts with a provision of the 
  8.22  State Building Code that regulates components or systems of any 
  8.23  residential structure. 
  8.24     Sec. 7.  Minnesota Statutes 2002, section 16C.08, 
  8.25  subdivision 4, is amended to read: 
  8.26     Subd. 4.  [REPORTS.] (a) The commissioner shall submit to 
  8.27  the governor, the chairs of the house ways and means and senate 
  8.28  finance committees, and the legislative reference library a 
  8.29  yearly listing of all contracts for professional or technical 
  8.30  services executed.  The report must identify the contractor, 
  8.31  contract amount, duration, and services to be provided.  The 
  8.32  commissioner shall also issue yearly reports summarizing the 
  8.33  contract review activities of the department by fiscal year. 
  8.34     (b) The fiscal year report must be submitted by September 1 
  8.35  of each year and must: 
  8.36     (1) be sorted by agency and by contractor; 
  9.1      (2) show the aggregate value of contracts issued by each 
  9.2   agency and issued to each contractor; 
  9.3      (3) distinguish between contracts that are being issued for 
  9.4   the first time and contracts that are being extended; 
  9.5      (4) state the termination date of each contract; and 
  9.6      (5) identify services by commodity code, including topics 
  9.7   such as contracts for training, contracts for research and 
  9.8   opinions, and contracts for computer systems; and 
  9.9      (6) identify which contracts were awarded without following 
  9.10  the solicitation process in this chapter because it was 
  9.11  determined that there was only a single source for the services. 
  9.12     (c) Within 30 days of final completion of a contract over 
  9.13  $40,000 covered by this subdivision, the head of the agency 
  9.14  entering into the contract must submit a one-page report to the 
  9.15  commissioner who must submit a copy to the legislative reference 
  9.16  library.  The report must:  
  9.17     (1) summarize the purpose of the contract, including why it 
  9.18  was necessary to enter into a contract; 
  9.19     (2) state the amount spent on the contract; and 
  9.20     (3) explain why this amount was a cost-effective way to 
  9.21  enable the agency to provide its services or products better or 
  9.22  more efficiently; and 
  9.23     (4) if the contract was awarded without following the 
  9.24  solicitation process in this chapter because it was determined 
  9.25  that there was only a single source for the services, explain 
  9.26  why the agency determined there was only a single source for the 
  9.27  services. 
  9.28     Sec. 8.  Minnesota Statutes 2002, section 16C.10, 
  9.29  subdivision 5, is amended to read: 
  9.30     Subd. 5.  [SPECIFIC PURCHASES.] The solicitation process 
  9.31  described in this chapter is not required for acquisition of the 
  9.32  following: 
  9.33     (1) merchandise for resale purchased under policies 
  9.34  determined by the commissioner; 
  9.35     (2) farm and garden products which, as determined by the 
  9.36  commissioner, may be purchased at the prevailing market price on 
 10.1   the date of sale; 
 10.2      (3) goods and services from the Minnesota correctional 
 10.3   facilities; 
 10.4      (4) goods and services from rehabilitation facilities and 
 10.5   sheltered workshops extended employment providers that are 
 10.6   certified by the commissioner of economic security; 
 10.7      (5) goods and services for use by a community-based 
 10.8   facility operated by the commissioner of human services; 
 10.9      (6) goods purchased at auction or when submitting a sealed 
 10.10  bid at auction provided that before authorizing such an action, 
 10.11  the commissioner consult with the requesting agency to determine 
 10.12  a fair and reasonable value for the goods considering factors 
 10.13  including, but not limited to, costs associated with submitting 
 10.14  a bid, travel, transportation, and storage.  This fair and 
 10.15  reasonable value must represent the limit of the state's bid; 
 10.16  and 
 10.17     (7) utility services where no competition exists or where 
 10.18  rates are fixed by law or ordinance. 
 10.19     Sec. 9.  [16C.144] [GUARANTEED SAVINGS CONTRACTS.] 
 10.20     Subdivision 1.  [DEFINITIONS.] The following definitions 
 10.21  apply to this section.  
 10.22     (a) "Utility" means electricity, natural gas, or other 
 10.23  energy resource, water, and wastewater. 
 10.24     (b) "Utility cost-savings" means the difference between the 
 10.25  utility costs under the precontract conditions and the utility 
 10.26  costs after the changes have been made under the contract.  Such 
 10.27  savings shall be calculated in comparison to an established 
 10.28  baseline of utility costs. 
 10.29     (c) "Established baseline" means the precontract utilities, 
 10.30  operations, and maintenance costs.  
 10.31     (d) "Utility cost-savings measure" means a measure that 
 10.32  produces utility cost savings and/or operation and maintenance 
 10.33  cost savings.  
 10.34     (e) "Operation and maintenance cost savings" means a 
 10.35  measurable decrease in operation and maintenance costs that are 
 10.36  a direct result of the implementation of one or more utility 
 11.1   cost-savings measures but do not include savings from in-house 
 11.2   staff labor.  Such savings shall be calculated in comparison to 
 11.3   an established baseline of operation and maintenance costs. 
 11.4      (f) "Guaranteed savings contract" means a contract for the 
 11.5   evaluation, recommendation, and installation of one or more 
 11.6   utility cost-savings measures.  The contract must provide that 
 11.7   all payments are to be made over time but not to exceed ten 
 11.8   years from the date of final installation, and the savings are 
 11.9   guaranteed to the extent necessary to make payments for the 
 11.10  utility cost-savings measures.  
 11.11     (g) "Baseline adjustments" means adjusting the established 
 11.12  baselines in paragraphs (b) and (d) for changes in the following 
 11.13  variables: 
 11.14     (1) utility rates; 
 11.15     (2) number of days in the utility billing cycle; 
 11.16     (3) square footage of the facility; 
 11.17     (4) operational schedule of the facility; 
 11.18     (5) facility temperature set points; 
 11.19     (6) weather; and 
 11.20     (7) amount of equipment or lighting utilized in the 
 11.21  facility. 
 11.22     (h) "Lease purchase contract" means a contract obligating 
 11.23  the state to make regular lease payments to satisfy the lease 
 11.24  costs of the utility cost-savings measures until the final 
 11.25  payment, after which time the utility cost-savings measures 
 11.26  become the sole property of the state of Minnesota.  
 11.27     (i) "Qualified provider" means a person or business 
 11.28  experienced in the design, implementation, and installation of 
 11.29  utility cost-savings measures. 
 11.30     (j) "Engineering report" means a report prepared by a 
 11.31  professional engineer licensed by the state of Minnesota 
 11.32  summarizing estimates of all costs of installations, 
 11.33  modifications, or remodeling, including costs of design, 
 11.34  engineering, installation, maintenance, repairs, and estimates 
 11.35  of the amounts by which utility and operation and maintenance 
 11.36  costs will be reduced.  
 12.1      (k) "Capital cost avoidance" means money expended by a 
 12.2   state agency to pay for utility cost-savings measures with a 
 12.3   guaranteed savings contract so long as the measures that are 
 12.4   being implemented to achieve the cost-savings are a significant 
 12.5   portion of an overall project.  
 12.6      (l) "Guaranteed savings contracting guidelines" means 
 12.7   policies, procedures, and requirements of guaranteed savings 
 12.8   contracts established by the department of administration upon 
 12.9   enacting this legislation. 
 12.10     Subd. 2.  [GUARANTEED SAVINGS CONTRACT.] The commissioner 
 12.11  may enter into a guaranteed savings contract with a qualified 
 12.12  provider if: 
 12.13     (1) the qualified provider is selected through a 
 12.14  competitive process in accordance with the guaranteed savings 
 12.15  contracting guidelines within the department of administration; 
 12.16     (2) the qualified provider agrees to submit an engineering 
 12.17  report prior to the execution of the guaranteed savings 
 12.18  contract; 
 12.19     (3) the commissioner finds that the amount it would spend 
 12.20  on the utility cost-savings measures recommended in the 
 12.21  engineering report will not exceed the amount to be saved in 
 12.22  utility operation and maintenance costs over ten years from the 
 12.23  date of implementation of utility cost-savings measures; 
 12.24     (4) the qualified provider provides a written guarantee 
 12.25  that the utility, operation, and maintenance cost savings will 
 12.26  meet or exceed the costs of the guaranteed savings contract.  
 12.27  The qualified provider shall reimburse the state for any 
 12.28  shortfall of guaranteed utility cost-savings; and 
 12.29     (5) the qualified provider gives a sufficient bond in 
 12.30  accordance with section 574.26 to the commissioner for the 
 12.31  faithful implementation and installation of the utility 
 12.32  cost-savings measures.  
 12.33     Subd. 3.  [LEASE PURCHASE CONTRACT.] The commissioner may 
 12.34  enter into a lease purchase agreement with any party for the 
 12.35  implementation of utility cost-savings measures in accordance 
 12.36  with an engineering report.  The implementation costs of the 
 13.1   utility cost-savings measures recommended in the engineering 
 13.2   report shall not exceed the amount to be saved in utility and 
 13.3   operation and maintenance costs over the term of the lease 
 13.4   purchase agreement.  The term of the lease purchase agreement 
 13.5   shall not exceed ten years.  The lease is assignable in 
 13.6   accordance with terms approved by the commissioner of finance. 
 13.7      Subd. 4.  [USE OF CAPITAL COST AVOIDANCE.] The affected 
 13.8   state agency may contribute funds for capital cost avoidance for 
 13.9   guaranteed savings contracts.  Use of capital cost avoidance is 
 13.10  subject to the guaranteed savings contracting guidelines within 
 13.11  the department of administration. 
 13.12     Subd. 5.  [REPORT.] By January 15 of 2005 and 2007, the 
 13.13  commissioner of administration shall submit to the commissioner 
 13.14  of finance and the chairs of the senate and house of 
 13.15  representatives capital investment committees a list of projects 
 13.16  in the agency that have been funded using guaranteed energy 
 13.17  savings, as outlined in this section, during the preceding 
 13.18  biennium.  For each guaranteed savings contract entered into, 
 13.19  the commissioner of administration shall contract with an 
 13.20  independent third party to evaluate the cost-effectiveness of 
 13.21  each utility cost-savings measure implemented to ensure that 
 13.22  such measures were the least-cost measures available.  For the 
 13.23  purposes of this section, "independent third party" means an 
 13.24  entity not affiliated with the qualified provider; that is not 
 13.25  involved in creating or providing conservation project services 
 13.26  to that provider; and that has expertise (or access to 
 13.27  expertise) in energy savings practices.  
 13.28     Subd. 6.  [CONTRACT LIMITS.] Contracts may not be entered 
 13.29  into after June 30, 2007. 
 13.30     Sec. 10.  Minnesota Statutes 2002, section 16C.15, is 
 13.31  amended to read: 
 13.32     16C.15 [SHELTERED WORKSHOPS AND SERVICES WORK ACTIVITY 
 13.33  PROGRAMS REHABILITATION FACILITIES AND EXTENDED EMPLOYMENT 
 13.34  PROVIDERS.] 
 13.35     The commissioner, in consultation with the commissioner of 
 13.36  economic security, shall prepare a list containing products and 
 14.1   services of state-certified certified rehabilitation facilities, 
 14.2   sheltered workshops, and work activity programs and extended 
 14.3   employment providers as described in chapter 268A for 
 14.4   acquisition by state agencies and institutions. 
 14.5      Sec. 11.  Minnesota Statutes 2002, section 16C.16, 
 14.6   subdivision 7, is amended to read: 
 14.7      Subd. 7.  [ECONOMICALLY DISADVANTAGED AREAS.] (a) Except as 
 14.8   otherwise provided in paragraph (b), the commissioner may award 
 14.9   up to a six percent preference in the amount bid on state 
 14.10  procurement to small businesses located in an economically 
 14.11  disadvantaged area.  
 14.12     (b) The commissioner may award up to a four percent 
 14.13  preference in the amount bid on state construction to small 
 14.14  businesses located in an economically disadvantaged area.  
 14.15     (c) A business is located in an economically disadvantaged 
 14.16  area if: 
 14.17     (1) the owner resides in or the business is located in a 
 14.18  county in which the median income for married couples is less 
 14.19  than 70 percent of the state median income for married couples; 
 14.20     (2) the owner resides in or the business is located in an 
 14.21  area designated a labor surplus area by the United States 
 14.22  Department of Labor; or 
 14.23     (3) the business is a certified rehabilitation facility or 
 14.24  work activity program extended employment provider as described 
 14.25  in chapter 268A. 
 14.26     (d) The commissioner may designate one or more areas 
 14.27  designated as targeted neighborhoods under section 469.202 or as 
 14.28  enterprise zones under section 469.167 as economically 
 14.29  disadvantaged areas for purposes of this subdivision if the 
 14.30  commissioner determines that this designation would further the 
 14.31  purposes of this section.  If the owner of a small business 
 14.32  resides or is employed in a designated area, the small business 
 14.33  is eligible for any preference provided under this subdivision. 
 14.34     (e) The department of revenue shall gather data necessary 
 14.35  to make the determinations required by paragraph (c), clause 
 14.36  (1), and shall annually certify counties that qualify under 
 15.1   paragraph (c), clause (1).  An area designated a labor surplus 
 15.2   area retains that status for 120 days after certified small 
 15.3   businesses in the area are notified of the termination of the 
 15.4   designation by the United States Department of Labor. 
 15.5      Sec. 12.  Minnesota Statutes 2002, section 327A.01, 
 15.6   subdivision 2, is amended to read: 
 15.7      Subd. 2.  [BUILDING STANDARDS.] "Building standards" means 
 15.8   the materials and installation standards of the State Building 
 15.9   Code, adopted by the commissioner of administration pursuant to 
 15.10  sections 16B.59 to 16B.75, that is in effect at the time of the 
 15.11  construction or remodeling. 
 15.12     Sec. 13.  [REPEALER.] 
 15.13     Minnesota Statutes 2002, section 16C.18, subdivision 1, is 
 15.14  repealed. 
 15.15     Sec. 14.  [EFFECTIVE DATE.] 
 15.16     Section 9 is effective the day following final enactment. 
 15.17                             ARTICLE 2
 15.18                           DATA PRACTICES
 15.19     Section 1.  Minnesota Statutes 2002, section 13.072, 
 15.20  subdivision 1, is amended to read: 
 15.21     Subdivision 1.  [OPINION; WHEN REQUIRED.] (a) Upon request 
 15.22  of a state agency, statewide system, or political 
 15.23  subdivision government entity, the commissioner may give a 
 15.24  written opinion on any question relating to public access to 
 15.25  government data, rights of subjects of data, or classification 
 15.26  of data under this chapter or other Minnesota statutes governing 
 15.27  government data practices.  Upon request of any person who 
 15.28  disagrees with a determination regarding data practices made by 
 15.29  a state agency, statewide system, or political 
 15.30  subdivision government entity, the commissioner may give a 
 15.31  written opinion regarding the person's rights as a subject of 
 15.32  government data or right to have access to government data.  
 15.33     (b) Upon request of a body subject to chapter 13D, the 
 15.34  commissioner may give a written opinion on any question relating 
 15.35  to the body's duties under chapter 13D.  Upon request of a 
 15.36  person who disagrees with the manner in which members of a 
 16.1   governing body perform their duties under chapter 13D, the 
 16.2   commissioner may give a written opinion on compliance with 
 16.3   chapter 13D.  A governing body or person requesting an opinion 
 16.4   under this paragraph must pay the commissioner a fee of $200.  
 16.5   Money received by the commissioner under this paragraph is 
 16.6   appropriated to the commissioner for the purposes of this 
 16.7   section.  
 16.8      (c) If the commissioner determines that no opinion will be 
 16.9   issued, the commissioner shall give the state agency, statewide 
 16.10  system, political subdivision, government entity or body subject 
 16.11  to chapter 13D or person requesting the opinion notice of the 
 16.12  decision not to issue the opinion within five days of receipt of 
 16.13  the request.  If this notice is not given, the commissioner 
 16.14  shall issue an opinion within 20 days of receipt of the request. 
 16.15     (d) For good cause and upon written notice to the person 
 16.16  requesting the opinion, the commissioner may extend this 
 16.17  deadline for one additional 30-day period.  The notice must 
 16.18  state the reason for extending the deadline.  The state agency, 
 16.19  statewide system, government entity or political subdivision the 
 16.20  members of a body subject to chapter 13D must be provided a 
 16.21  reasonable opportunity to explain the reasons for its decision 
 16.22  regarding the data or how they perform their duties under 
 16.23  chapter 13D.  The commissioner or the state agency, statewide 
 16.24  system, government entity or political subdivision body subject 
 16.25  to chapter 13D may choose to give notice to the subject of the 
 16.26  data concerning the dispute regarding the data or compliance 
 16.27  with chapter 13D. 
 16.28     (b) (e) This section does not apply to a determination made 
 16.29  by the commissioner of health under section 13.3805, subdivision 
 16.30  1, paragraph (b), or 144.6581. 
 16.31     (c) (f) A written opinion issued by the attorney general 
 16.32  shall take precedence over an opinion issued by the commissioner 
 16.33  under this section. 
 16.34     Sec. 2.  Minnesota Statutes 2002, section 13.072, 
 16.35  subdivision 2, is amended to read: 
 16.36     Subd. 2.  [EFFECT.] Opinions issued by the commissioner 
 17.1   under this section are not binding on the state agency, 
 17.2   statewide system, government entity or political subdivision 
 17.3   members of a body subject to chapter 13D whose data or 
 17.4   performance of duties is the subject of the opinion, but an 
 17.5   opinion described in subdivision 1, paragraph (a), must be given 
 17.6   deference by a court in a proceeding involving the data.  The 
 17.7   commissioner shall arrange for public dissemination of opinions 
 17.8   issued under this section.  This section does not preclude a 
 17.9   person from bringing any other action under this chapter or 
 17.10  other law in addition to or instead of requesting a written 
 17.11  opinion.  A government entity, members of a body subject to 
 17.12  chapter 13D, or person that acts in conformity with a written 
 17.13  opinion of the commissioner issued to the government entity, 
 17.14  members, or person or to another party is not liable for 
 17.15  compensatory or exemplary damages or awards of attorneys fees in 
 17.16  actions under section 13.08 or for a penalty under section 13.09 
 17.17  or for fines, awards of attorney fees, or any other penalty 
 17.18  under chapter 13D.  A member of a body subject to chapter 13D is 
 17.19  not subject to forfeiture of office if the member was acting in 
 17.20  reliance on an opinion. 
 17.21     Sec. 3.  Minnesota Statutes 2002, section 13.08, 
 17.22  subdivision 4, is amended to read: 
 17.23     Subd. 4.  [ACTION TO COMPEL COMPLIANCE.] (a) In addition to 
 17.24  the remedies provided in subdivisions 1 to 3 or any other law, 
 17.25  any aggrieved person seeking to enforce the person's rights 
 17.26  under this chapter or obtain access to data may bring an action 
 17.27  in district court to compel compliance with this chapter and may 
 17.28  recover costs and disbursements, including reasonable attorney's 
 17.29  fees, as determined by the court.  If the court determines that 
 17.30  an action brought under this subdivision is frivolous and 
 17.31  without merit and a basis in fact, it may award reasonable costs 
 17.32  and attorney fees to the responsible authority.  If the court 
 17.33  issues an order to compel compliance under this subdivision, the 
 17.34  court may impose a civil penalty of up to $300 against the 
 17.35  government entity.  This penalty is payable to the state general 
 17.36  fund and is in addition to damages under subdivision 1.  The 
 18.1   matter shall be heard as soon as possible.  In an action 
 18.2   involving a request for government data under section 13.03 or 
 18.3   13.04, the court may inspect in camera the government data in 
 18.4   dispute, but shall conduct its hearing in public and in a manner 
 18.5   that protects the security of data classified as not public.  If 
 18.6   the court issues an order to compel compliance under this 
 18.7   subdivision, the court shall forward a copy of the order to the 
 18.8   commissioner of administration. 
 18.9      (b) In determining whether to assess a civil penalty under 
 18.10  this subdivision, the court shall consider whether the 
 18.11  government entity has substantially complied with general data 
 18.12  practices under this chapter, including but not limited to, 
 18.13  whether the government entity has:  
 18.14     (1) designated a responsible authority under section 13.02, 
 18.15  subdivision 16; 
 18.16     (2) designated a data practices compliance official under 
 18.17  section 13.05, subdivision 13; 
 18.18     (3) prepared the public document that names the responsible 
 18.19  authority and describes the records and data on individuals that 
 18.20  are maintained by the government entity under section 13.05, 
 18.21  subdivision 1; 
 18.22     (4) developed public access procedures under section 13.03, 
 18.23  subdivision 2; procedures to guarantee the rights of data 
 18.24  subjects under section 13.05, subdivision 8; and procedures to 
 18.25  ensure that data on individuals are accurate and complete and to 
 18.26  safeguard the data's security under section 13.05, subdivision 
 18.27  5; 
 18.28     (5) sought an oral, written, or electronic opinion from the 
 18.29  commissioner of administration related to the matter at issue 
 18.30  and acted in conformity with that opinion or acted in conformity 
 18.31  with an opinion issued under section 13.072 that was sought by 
 18.32  another person; or 
 18.33     (6) provided ongoing training to government entity 
 18.34  personnel who respond to requests under this chapter. 
 18.35     (c) The court shall award reasonable attorney fees to a 
 18.36  prevailing plaintiff who has brought an action under this 
 19.1   subdivision if the government entity that is the defendant in 
 19.2   the action was also the subject of a written opinion issued 
 19.3   under section 13.072 and the court finds that the opinion is 
 19.4   directly related to the cause of action being litigated and that 
 19.5   the government entity did not act in conformity with the opinion.
 19.6      Sec. 4.  [13.15] [COMPUTER DATA.] 
 19.7      Subdivision 1.  [DEFINITIONS.] As used in this section, the 
 19.8   following terms have the meanings given. 
 19.9      (a) [ELECTRONIC ACCESS DATA.] "Electronic access data" 
 19.10  means data created, collected, or maintained about a person's 
 19.11  access to a government entity's computer for the purpose of:  
 19.12     (1) gaining access to data or information; 
 19.13     (2) transferring data or information; or 
 19.14     (3) using government services. 
 19.15     (b) [COOKIE.] "Cookie" means any data that a 
 19.16  government-operated computer electronically places on the 
 19.17  computer of a person who has gained access to a government 
 19.18  computer.  
 19.19     Subd. 2.  [CLASSIFICATION OF DATA.] Electronic access data 
 19.20  are private data on individuals or nonpublic data. 
 19.21     Subd. 3.  [NOTICE; REFUSAL TO ACCEPT COOKIE.] (a) A 
 19.22  government entity that creates, collects, or maintains 
 19.23  electronic access data or uses its computer to install a cookie 
 19.24  on a person's computer must inform persons gaining access to the 
 19.25  entity's computer of the creation, collection, or maintenance of 
 19.26  electronic access data or the entity's use of cookies before 
 19.27  requiring the person to provide any data about the person to the 
 19.28  government entity.  As part of that notice, the government 
 19.29  entity must inform the person how the data will be used and 
 19.30  disseminated, including the uses and disseminations in 
 19.31  subdivision 4. 
 19.32     (b) Notwithstanding a person's refusal to accept a cookie 
 19.33  on the person's computer, a government entity must allow the 
 19.34  person to gain access to data or information, transfer data or 
 19.35  information, or use government services by the government 
 19.36  entity's computer. 
 20.1      Subd. 4.  [USE OF ELECTRONIC ACCESS DATA.] Electronic 
 20.2   access data may be disseminated: 
 20.3      (1) to the commissioner for the purpose of evaluating 
 20.4   electronic government services; 
 20.5      (2) to another government entity to prevent unlawful 
 20.6   intrusions into government electronic systems; or 
 20.7      (3) as otherwise provided by law. 
 20.8      Sec. 5.  Minnesota Statutes 2002, section 13.32, is amended 
 20.9   by adding a subdivision to read: 
 20.10     Subd. 4a.  [NONPUBLIC SCHOOL STUDENTS.] Data collected by a 
 20.11  public school on a child or parent of a child, whose identity 
 20.12  must be reported pursuant to section 120A.24, is private data 
 20.13  which: 
 20.14     (1) shall not be designated directory information pursuant 
 20.15  to subdivision 5 unless prior written consent is given by the 
 20.16  child's parent or guardian; and 
 20.17     (2) may be disclosed only pursuant to subdivision 3, clause 
 20.18  (a), (b), (c), or (f). 
 20.19     This provision does not apply to students who receive 
 20.20  shared time educational services from a public agency or 
 20.21  institution. 
 20.22     Sec. 6.  [13.3215] [UNIVERSITY OF MINNESOTA DATA.] 
 20.23     Claims experience and all related information received from 
 20.24  carriers and claims administrators participating in a University 
 20.25  of Minnesota group health, dental, life, or disability insurance 
 20.26  plan or the University of Minnesota workers' compensation 
 20.27  program, and survey information collected from employees or 
 20.28  students participating in these plans and programs, except when 
 20.29  the university determines that release of the data will not be 
 20.30  detrimental to the plan or program, are classified as nonpublic 
 20.31  data not on individuals pursuant to section 13.02, subdivision 9.
 20.32     Sec. 7.  Minnesota Statutes 2002, section 13.37, 
 20.33  subdivision 3, is amended to read: 
 20.34     Subd. 3.  [DATA DISSEMINATION.] Crime prevention block maps 
 20.35  and names, home addresses, and telephone numbers of volunteers 
 20.36  who participate in community crime prevention programs may be 
 21.1   disseminated to volunteers participating in crime prevention 
 21.2   programs.  The location of a National Night Out event is public 
 21.3   data. 
 21.4      Sec. 8.  Minnesota Statutes 2002, section 13.43, 
 21.5   subdivision 1, is amended to read: 
 21.6      Subdivision 1.  [DEFINITION.] As used in this section, 
 21.7   "personnel data" means data on individuals collected because the 
 21.8   individual is or was an employee of or an applicant for 
 21.9   employment by, performs services on a voluntary basis for, or 
 21.10  acts as an independent contractor with a state agency, statewide 
 21.11  system or political subdivision or is a member of or an 
 21.12  applicant for an advisory board or commission.  Personnel data 
 21.13  includes data submitted by an employee to a government entity as 
 21.14  part of an organized self-evaluation effort by the government 
 21.15  entity to request suggestions from all employees on ways to cut 
 21.16  costs, make government more efficient, or improve the operation 
 21.17  of government.  An employee who is identified in a suggestion 
 21.18  shall have access to all data in the suggestion except the 
 21.19  identity of the employee making the suggestion. 
 21.20     Sec. 9.  [13.468] [DATA SHARING WITHIN COUNTIES.] 
 21.21     County welfare, human services, corrections, public health, 
 21.22  and veterans service units within a county may inform each other 
 21.23  as to whether an individual or family currently is being served 
 21.24  by the county unit, without the consent of the subject of the 
 21.25  data.  Data that may be shared are limited to the following:  
 21.26  the name, telephone number, and last known address of the data 
 21.27  subject; and the identification and contact information 
 21.28  regarding personnel of the county unit responsible for working 
 21.29  with the individual or family.  If further information is 
 21.30  necessary for the county unit to carry out its duties, each 
 21.31  county unit may share additional data if the unit is authorized 
 21.32  by state statute or federal law to do so or the individual gives 
 21.33  written, informed consent.  
 21.34     Sec. 10.  Minnesota Statutes 2002, section 13.643, is 
 21.35  amended by adding a subdivision to read: 
 21.36     Subd. 5.  [DATA RECEIVED FROM FEDERAL GOVERNMENT.] All data 
 22.1   received by the department of agriculture from the United States 
 22.2   Department of Health and Human Services, the Food and Drug 
 22.3   Administration, and the Agriculture, Food Safety, and Inspection 
 22.4   Service that is necessary for the purpose of carrying out the 
 22.5   department of agriculture's statutory food safety regulatory and 
 22.6   enforcement duties are classified as nonpublic data under 
 22.7   section 13.02, subdivision 9, and private data on individuals 
 22.8   under section 13.02, subdivision 12.  This section does not 
 22.9   preclude the obligation of the department of agriculture to 
 22.10  appropriately inform consumers of issues that could affect 
 22.11  public health. 
 22.12     Sec. 11.  Minnesota Statutes 2002, section 13.746, 
 22.13  subdivision 3, is amended to read: 
 22.14     Subd. 3.  [STATE LOTTERY.] (a)  [ACCESS TO CRIMINAL DATA.] 
 22.15  The state lottery director's access to criminal history data on 
 22.16  certain persons is governed by sections 349A.06, subdivision 4, 
 22.17  and 349A.07, subdivision 2. 
 22.18     (b)  [LOTTERY PRIZE WINNERS.] Certain data on lottery prize 
 22.19  winners are classified under section 349A.08, subdivision 9.  
 22.20     (c)  [ELECTRONIC TRANSMISSIONS.] Data on individuals 
 22.21  requesting electronic transmissions from the lottery are 
 22.22  classified in section 349A.08, subdivision 9.  
 22.23     Sec. 12.  Minnesota Statutes 2002, section 13.785, 
 22.24  subdivision 2, is amended to read: 
 22.25     Subd. 2.  [DEPARTMENT OF VETERANS AFFAIRS.] (a)  [CERTAIN 
 22.26  VETERANS BENEFITS AND MILITARY CERTIFICATES OF DISCHARGE.] 
 22.27  Access to military certificates of discharge and to files 
 22.28  pertaining to claims for certain veterans benefits is governed 
 22.29  by section 196.08. 
 22.30     (b)  [AGENT ORANGE INFORMATION AND ASSISTANCE ACT.] 
 22.31  Disclosure of summary data and of the identity of a veteran 
 22.32  about whom information is received under sections 196.19 to 
 22.33  196.26, is governed by section 196.25. 
 22.34     Sec. 13.  Minnesota Statutes 2002, section 16C.06, is 
 22.35  amended by adding a subdivision to read: 
 22.36     Subd. 3a.  [INFORMATION IN BIDS AND PROPOSALS.] Data 
 23.1   relating to bids and proposals are governed by section 13.591. 
 23.2      Sec. 14.  Minnesota Statutes 2002, section 16C.10, 
 23.3   subdivision 7, is amended to read: 
 23.4      Subd. 7.  [REVERSE AUCTION.] (a) For the purpose of this 
 23.5   subdivision, "reverse auction" means a purchasing process in 
 23.6   which vendors compete to provide goods at the lowest selling 
 23.7   price in an open and interactive environment. 
 23.8      (b) The provisions of section sections 13.591, subdivision 
 23.9   3, and 16C.06, subdivisions subdivision 2 and 3, do not apply 
 23.10  when the commissioner determines that a reverse auction is the 
 23.11  appropriate purchasing process. 
 23.12     Sec. 15.  Minnesota Statutes 2002, section 196.08, is 
 23.13  amended to read: 
 23.14     196.08 [FILES AND RECORDS CONFIDENTIAL.] 
 23.15     (a) The contents of, and all files, records, reports, 
 23.16  papers and documents pertaining to, any claim for the benefits 
 23.17  of Laws 1943, chapter 420, whether pending or adjudicated, shall 
 23.18  be deemed confidential and privileged and no disclosure thereof 
 23.19  shall be made, without the consent in writing of the claimant 
 23.20  who has not been adjudicated incompetent, except as follows: 
 23.21     (a) (1) To said claimant personally, a duly appointed 
 23.22  guardian, an attorney in fact, or a duly authorized 
 23.23  representative, and as to personal matters, when, in the 
 23.24  judgment of the commissioner, such disclosure would not be 
 23.25  injurious to the physical or mental health of the claimant.  
 23.26     (b) (2) To the representatives of veterans' organizations 
 23.27  recognized by the United States government, not exceeding five 
 23.28  from each such veterans' organizations, and when such 
 23.29  representatives have been duly certified as such by the state 
 23.30  department of any such veterans' organizations in the state of 
 23.31  Minnesota.  
 23.32     (c) (3) In any court in the state of Minnesota which has 
 23.33  jurisdiction of the parties to, and subject matter of, an action 
 23.34  or proceeding therein pending, as found by said court, when 
 23.35  required to be produced by the process of such court, and then 
 23.36  only in open court, as evidence, in such action or proceeding 
 24.1   after a judge thereof shall have ruled the same to be relevant 
 24.2   and competent evidence in such action or proceeding according to 
 24.3   the laws and statutes of said state.  
 24.4      (b) Notwithstanding section 382.16, and except as 
 24.5   authorized in paragraph (c), no government entity may release 
 24.6   the contents of, or any files, records, reports, papers, or 
 24.7   documents pertaining to, United States government form DD214 or 
 24.8   DD215 or any other certificate of discharge from military 
 24.9   service to any person unless that person: 
 24.10     (1) provides proof of identity; 
 24.11     (2) demonstrates tangible interest; and 
 24.12     (3) completes the required release form prepared by the 
 24.13  government entity. 
 24.14     (c) This section does not prohibit release of forms DD214 
 24.15  and DD215 or other certificates of discharge from military 
 24.16  service by an employee or official within a government entity to 
 24.17  another employee or official within that government entity for 
 24.18  purposes of performance of official duties. 
 24.19     (d) Forms DD214 and DD215 and certificates of discharge 
 24.20  from military service filed with a government agency on or after 
 24.21  January 1, 2004, are classified as private data on individuals 
 24.22  under section 13.02, subdivision 12. 
 24.23     (e) Notwithstanding section 386.015, subdivision 5, no fee 
 24.24  may be charged by a government entity for the release of 
 24.25  information to a qualified person under this section.  
 24.26     (f) For purposes of paragraph (b), a person who has a 
 24.27  tangible interest is: 
 24.28     (1) the subject of the record, report, paper, or document; 
 24.29     (2) the surviving spouse of the subject, if the subject is 
 24.30  deceased; 
 24.31     (3) a surviving child of the subject, if the subject is 
 24.32  deceased and there is no surviving spouse; 
 24.33     (4) a surviving parent of the subject, if the subject is 
 24.34  deceased and there is no surviving spouse or surviving children; 
 24.35  and 
 24.36     (5) a duly appointed guardian, an attorney in fact, or a 
 25.1   duly authorized representative. 
 25.2      (g) For purposes of this section, the term "government 
 25.3   entity" has the meaning given in section 13.02, subdivision 7a. 
 25.4      Sec. 16.  Minnesota Statutes 2002, section 268.19, is 
 25.5   amended by adding a subdivision to read: 
 25.6      Subd. 1a.  [WAGE DETAIL DATA.] (a) Wage and employment data 
 25.7   gathered pursuant to section 268.044 may be disseminated to and 
 25.8   used, without the consent of the subject of the data, by an 
 25.9   agency of another state that is designated as the performance 
 25.10  accountability and consumer information agency for that state 
 25.11  pursuant to Code of Federal Regulations, volume 20, part 
 25.12  663.510(c), in order to carry out the requirements of the 
 25.13  Workforce Investment Act of 1998, United States Code, title 29, 
 25.14  sections 2842 and 2871. 
 25.15     (b) The commissioner may enter into a data exchange 
 25.16  agreement with an employment and training service provider under 
 25.17  section 116L.17, or the Workforce Investment Act of 1998, United 
 25.18  States Code, title 29, section 2864, under which the 
 25.19  commissioner, with the consent of the subject of the data, may 
 25.20  furnish data on the quarterly wages paid and number of hours 
 25.21  worked on those individuals who have received employment and 
 25.22  training services from the provider.  With the initial consent 
 25.23  of the subject of the data, this data may be shared for up to 
 25.24  three years after termination of the employment and training 
 25.25  services provided to the individual without execution of an 
 25.26  additional consent.  This data shall be furnished solely for the 
 25.27  purpose of evaluating the employment and training services 
 25.28  provided.  The data subject's ability to receive service is not 
 25.29  affected by a refusal to give consent under this paragraph.  The 
 25.30  consent form must state this fact. 
 25.31     Sec. 17.  Minnesota Statutes 2002, section 307.08, is 
 25.32  amended by adding a subdivision to read: 
 25.33     Subd. 11.  [BURIAL SITES DATA.] Burial sites locational and 
 25.34  related data maintained by the office of the state archaeologist 
 25.35  and accessible through the office's "Unplatted Burial Sites and 
 25.36  Earthworks in Minnesota" Web site are security information for 
 26.1   purposes of section 13.37.  Persons who gain access to the data 
 26.2   maintained on the site are subject to liability under section 
 26.3   13.08 and the penalty established by section 13.09 if they 
 26.4   improperly use or further disseminate the data. 
 26.5      Sec. 18.  Minnesota Statutes 2002, section 349A.08, 
 26.6   subdivision 9, is amended to read: 
 26.7      Subd. 9.  [PRIVACY.] (a) The phone number and street 
 26.8   address of a winner of a lottery prize is private data on 
 26.9   individuals under chapter 13. 
 26.10     (b) Data on an individual, including name, physical and 
 26.11  electronic address, and telephone number, that are given to the 
 26.12  lottery for direct marketing purposes are private data on 
 26.13  individuals as defined in section 13.02.  For purposes of this 
 26.14  subdivision, "direct marketing" means marketing conducted by the 
 26.15  lottery directly with the consumer.  
 26.16     Sec. 19.  Minnesota Statutes 2002, section 386.20, 
 26.17  subdivision 1, is amended to read: 
 26.18     Subdivision 1.  [RECORDATION.] (a) Certificates of 
 26.19  discharge from the United States army, the United States navy, 
 26.20  and the United States marine corps and releases or transfers 
 26.21  from active duty therein may be recorded in the office of the 
 26.22  county recorder of any county in this state by the person to 
 26.23  whom such discharge, release or transfer was issued without the 
 26.24  payment of any fee to the county recorder for recording the 
 26.25  same.  Upon the request of the person having such instrument 
 26.26  recorded, the county recorder shall not stamp, mark, or make any 
 26.27  endorsement upon any such certificate of discharge, release or 
 26.28  transfer, but after the recording thereof has been completed the 
 26.29  recorder shall return the certificate of discharge, release, or 
 26.30  transfer in the condition received.  
 26.31     (b) In any county where the compensation of the county 
 26.32  recorder consists of fees only, the county recorder shall be 
 26.33  entitled to a fee of 60 cents for recording such instrument, 
 26.34  which shall be paid by the county upon presentation of a 
 26.35  verified claim by the county recorder. 
 26.36     (c) The release of any information pertaining to military 
 27.1   certificates of discharge is governed by section 196.08. 
 27.2      Sec. 20.  [REPEALER.] 
 27.3      Minnesota Statutes 2002, sections 13.6401, subdivision 4; 
 27.4   and 270B.03, subdivision 8; and Laws 2001, First Special Session 
 27.5   chapter 10, article 2, section 40, are repealed. 
 27.6      Sec. 21.  [EFFECTIVE DATE; APPLICATION.] 
 27.7      (a) Section 3 is effective August 1, 2003, and applies to 
 27.8   actions commenced on and after that date. 
 27.9      (b) Sections 12, 15, and 19 are effective January 1, 2004. 
 27.10     (c) Sections 11 and 18 are effective the day following 
 27.11  enactment.