SF 1068

2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to government data; classifying data; 
  1.3             codifying temporary classifications; including 
  1.4             metropolitan area towns under the data practices act; 
  1.5             clarifying effect of advisory opinions; modifying 
  1.6             records management requirements; removing sunset on 
  1.7             law governing access to juvenile records for gang 
  1.8             investigations; extending authority for special law 
  1.9             governing property taxpayer data; amending Minnesota 
  1.10            Statutes 2000, sections 13.02, subdivision 11; 13.072, 
  1.11            subdivision 2; 13.08, subdivision 4; 13.32, by adding 
  1.12            a subdivision; 13.322, subdivision 3; 13.59; 13.594; 
  1.13            13.719, by adding a subdivision; 13.785, by adding a 
  1.14            subdivision; 136A.243, by adding a subdivision; 
  1.15            138.17, subdivision 7; 182.659, subdivision 8; 
  1.16            260B.171, subdivision 1; 299C.095, subdivision 1; 
  1.17            299C.13; 299C.61, by adding a subdivision; 386.20, by 
  1.18            adding a subdivision; 611A.19; Laws 1997, First 
  1.19            Special Session chapter 3, section 27, as amended; 
  1.20            repealing Minnesota Statutes 2000, sections 13.081; 
  1.21            13.5921. 
  1.22  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.23     Section 1.  Minnesota Statutes 2000, section 13.02, 
  1.24  subdivision 11, is amended to read: 
  1.25     Subd. 11.  [POLITICAL SUBDIVISION.] "Political subdivision" 
  1.26  means any county, statutory or home rule charter city, school 
  1.27  district, special district, metropolitan area town as described 
  1.28  in section 368.01, subdivision 1 or 1a, and any board, 
  1.29  commission, district or authority created pursuant to law, local 
  1.30  ordinance or charter provision.  It includes any nonprofit 
  1.31  corporation which is a community action agency organized 
  1.32  pursuant to the Economic Opportunity Act of 1964 (Public Law 
  1.33  Number 88-452) as amended, to qualify for public funds, or any 
  2.1   nonprofit social service agency which performs services under 
  2.2   contract to any political subdivision, statewide system or state 
  2.3   agency, to the extent that the nonprofit social service agency 
  2.4   or nonprofit corporation collects, stores, disseminates, and 
  2.5   uses data on individuals because of a contractual relationship 
  2.6   with state agencies, political subdivisions or statewide systems.
  2.7      Sec. 2.  Minnesota Statutes 2000, section 13.072, 
  2.8   subdivision 2, is amended to read: 
  2.9      Subd. 2.  [EFFECT.] Opinions issued by the commissioner 
  2.10  under this section are not binding on the state agency, 
  2.11  statewide system, or political subdivision whose data is the 
  2.12  subject of the opinion, but must be given deference by a court 
  2.13  in a proceeding involving the data.  The commissioner shall 
  2.14  arrange for public dissemination of opinions issued under this 
  2.15  section.  This section does not preclude a person from bringing 
  2.16  any other action under this chapter or other law in addition to 
  2.17  or instead of requesting a written opinion.  A state agency, 
  2.18  statewide system, political subdivision, government entity or 
  2.19  person that acts in conformity with a written opinion of the 
  2.20  commissioner issued to the government entity or person or to 
  2.21  another party is not liable for compensatory or exemplary 
  2.22  damages or awards of attorneys fees in actions under section 
  2.23  13.08 or for a penalty under section 13.09. 
  2.24     Sec. 3.  Minnesota Statutes 2000, section 13.08, 
  2.25  subdivision 4, is amended to read: 
  2.26     Subd. 4.  [ACTION TO COMPEL COMPLIANCE.] (a) In addition to 
  2.27  the remedies provided in subdivisions 1 to 3 or any other law, 
  2.28  any aggrieved person seeking to enforce the person's rights 
  2.29  under this chapter or obtain access to data may bring an action 
  2.30  in district court to compel compliance with this chapter and may 
  2.31  recover costs and disbursements, including reasonable attorney's 
  2.32  fees, as determined by the court.  If the court determines that 
  2.33  an action brought under this subdivision is frivolous and 
  2.34  without merit and a basis in fact, it may award reasonable costs 
  2.35  and attorney fees to the responsible authority.  If the court 
  2.36  issues an order to compel compliance under this subdivision, the 
  3.1   court may impose a civil penalty of up to $300 against the 
  3.2   government entity.  This penalty is payable to the state general 
  3.3   fund and is in addition to damages under subdivision 1.  The 
  3.4   matter shall be heard as soon as possible.  In an action 
  3.5   involving a request for government data under section 13.03 or 
  3.6   13.04, the court may inspect in camera the government data in 
  3.7   dispute, but shall conduct its hearing in public and in a manner 
  3.8   that protects the security of data classified as not public.  If 
  3.9   the court issues an order to compel compliance under this 
  3.10  subdivision, the court shall forward a copy of the order to the 
  3.11  commissioner of administration. 
  3.12     (b) In determining whether to assess a civil penalty under 
  3.13  this subdivision, the court shall consider whether the 
  3.14  government entity has substantially complied with general data 
  3.15  practices under this chapter, including but not limited to, 
  3.16  whether the government entity has:  
  3.17     (1) designated a responsible authority under section 13.02, 
  3.18  subdivision 16; 
  3.19     (2) designated a data practices compliance official under 
  3.20  section 13.05, subdivision 13; 
  3.21     (3) prepared the public document that names the responsible 
  3.22  authority and describes the records and data on individuals that 
  3.23  are maintained by the government entity under section 13.05, 
  3.24  subdivision 1; 
  3.25     (4) developed public access procedures under section 13.03, 
  3.26  subdivision 2; procedures to guarantee the rights of data 
  3.27  subjects under section 13.05, subdivision 8; and procedures to 
  3.28  ensure that data on individuals are accurate and complete and to 
  3.29  safeguard the data's security under section 13.05, subdivision 
  3.30  5; 
  3.31     (5) sought an oral, written, or electronic opinion from the 
  3.32  commissioner of administration related to the matter at issue 
  3.33  and acted in conformity with that opinion or acted in conformity 
  3.34  with an opinion issued under section 13.072 that was sought by 
  3.35  another person; or 
  3.36     (6) provided ongoing training to government entity 
  4.1   personnel who respond to requests under this chapter. 
  4.2      Sec. 4.  Minnesota Statutes 2000, section 13.32, is amended 
  4.3   by adding a subdivision to read: 
  4.4      Subd. 5a.  [MILITARY RECRUITMENT.] A secondary institution 
  4.5   shall release to military recruiting officers the names, 
  4.6   addresses, and home telephone numbers of students in grades 11 
  4.7   and 12 within 60 days after the date of the request, except as 
  4.8   otherwise provided by this subdivision.  A secondary institution 
  4.9   shall give parents and students notice of the right to refuse 
  4.10  release of this data to military recruiting officers.  Notice 
  4.11  may be given by any means reasonably likely to inform the 
  4.12  parents and students of the right.  Data released to military 
  4.13  recruiting officers under this subdivision: 
  4.14     (1) may be used only for the purpose of providing 
  4.15  information to students about military service, state and 
  4.16  federal veterans' education benefits, and other career and 
  4.17  educational opportunities provided by the military; and 
  4.18     (2) shall not be further disseminated to any other person 
  4.19  except personnel of the recruiting services of the armed forces. 
  4.20     Sec. 5.  Minnesota Statutes 2000, section 13.322, 
  4.21  subdivision 3, is amended to read: 
  4.22     Subd. 3.  [HIGHER EDUCATION SERVICES OFFICE.] (a) 
  4.23  [GENERAL.] Data sharing involving the higher education services 
  4.24  office and other institutions is governed by section 136A.05. 
  4.25     (b) [STUDENT FINANCIAL AID.] Data collected and used by the 
  4.26  higher education services office on applicants for financial 
  4.27  assistance are classified under section 136A.162.  
  4.28     (c) [EDVEST DATA.] Account owner data, account data, and 
  4.29  data on beneficiaries of accounts under the Edvest savings 
  4.30  program are classified under section 136A.243, subdivision 10. 
  4.31     (d) [SCHOOL FINANCIAL RECORDS.] Financial records submitted 
  4.32  by schools registering with the higher education services office 
  4.33  are classified under section 136A.64.  
  4.34     Sec. 6.  Minnesota Statutes 2000, section 13.59, is amended 
  4.35  to read: 
  4.36     13.59 [HOUSING AND REDEVELOPMENT DATA.] 
  5.1      Subdivision 1.  [PRIVATE SURVEY DATA.] The following data 
  5.2   collected in surveys of individuals conducted by cities and 
  5.3   housing and redevelopment authorities for the purposes of 
  5.4   planning, development, and redevelopment, are classified as 
  5.5   private data pursuant to section 13.02, subdivision 12:  the 
  5.6   names and addresses of individuals and the legal descriptions of 
  5.7   property owned by individuals.  
  5.8      Subd. 2.  [NONPUBLIC SURVEY DATA.] The following data 
  5.9   collected in surveys of businesses conducted by cities and 
  5.10  housing and redevelopment authorities, for the purposes of 
  5.11  planning, development, and redevelopment, are classified as 
  5.12  nonpublic data pursuant to section 13.02, subdivision 9:  the 
  5.13  names, addresses, and legal descriptions of business properties 
  5.14  and the commercial use of the property to the extent disclosure 
  5.15  of the use would identify a particular business. 
  5.16     Subd. 3.  [FINANCIAL ASSISTANCE DATA.] (a) The following 
  5.17  data that are submitted to a housing and redevelopment authority 
  5.18  by persons who are requesting financial assistance are private 
  5.19  data on individuals or nonpublic data: 
  5.20     (1) financial statements; 
  5.21     (2) credit reports; 
  5.22     (3) business plans; 
  5.23     (4) income and expense projections; 
  5.24     (5) customer lists; 
  5.25     (6) balance sheets; 
  5.26     (7) income tax returns; and 
  5.27     (8) design, market, and feasibility studies not paid for 
  5.28  with public funds. 
  5.29     (b) Data submitted to the authority under paragraph (a) 
  5.30  become public data if the authority provides financial 
  5.31  assistance to the person, except that the following data remain 
  5.32  private or nonpublic: 
  5.33     (1) business plans; 
  5.34     (2) income and expense projections not related to the 
  5.35  financial assistance provided; 
  5.36     (3) customer lists; 
  6.1      (4) income tax returns; and 
  6.2      (5) design, market, and feasibility studies not paid for 
  6.3   with public funds. 
  6.4      Subd. 4.  [DEFINITION.] For purposes of this section, 
  6.5   "housing and redevelopment authority" has the meaning given in 
  6.6   section 469.002, subdivision 2, and includes a government entity 
  6.7   exercising powers under sections 469.001 to 469.047. 
  6.8      Sec. 7.  Minnesota Statutes 2000, section 13.594, is 
  6.9   amended to read: 
  6.10     13.594 [ECONOMIC ASSISTANCE DATA.] 
  6.11     The following data collected by cities or counties in their 
  6.12  administration of the a city or county economic development 
  6.13  assistance program are classified as nonpublic data: 
  6.14     (1) application data, except company names, addresses, and 
  6.15  other data that identify the applicant, until the application is 
  6.16  approved by the a city or county; 
  6.17     (2) application data, except company names, addresses, and 
  6.18  other data that identify the applicant, that pertain to 
  6.19  companies whose applications have been disapproved; 
  6.20     (3) attachments to applications including but, not limited 
  6.21  to, business and personal financial records, until the 
  6.22  application is approved; 
  6.23     (4) income tax returns, either personal or corporate, that 
  6.24  are filed by applicants; and 
  6.25     (5) correspondence between the program administrators and 
  6.26  the applicant until the application has been approved or 
  6.27  disapproved. 
  6.28     Sec. 8.  Minnesota Statutes 2000, section 13.719, is 
  6.29  amended by adding a subdivision to read: 
  6.30     Subd. 6.  [AUTOMOBILE INSURANCE.] (a) [GROUP SELF-INSURANCE 
  6.31  DATA.] Financial data relating to nonpublic companies that are 
  6.32  submitted to the commissioner of commerce for the purpose of 
  6.33  obtaining approval to self-insure liability for automobile 
  6.34  coverage as a group are nonpublic data. 
  6.35     (b) [SELF-INSURANCE; PLAN ADMINISTRATOR DATA.] Financial 
  6.36  documents, including income statements, balance sheets, 
  7.1   statements of change in financial positions, and supporting 
  7.2   financial information submitted by nonpublic companies seeking 
  7.3   to self-insure their automobile liability or to be licensed as 
  7.4   self-insurance plan administrators, are nonpublic data. 
  7.5      Sec. 9.  Minnesota Statutes 2000, section 13.785, is 
  7.6   amended by adding a subdivision to read: 
  7.7      Subd. 4.  [CERTIFICATE OF DISCHARGE.] Access to 
  7.8   certificates of discharge from military service maintained by 
  7.9   county recorders is governed by section 386.20. 
  7.10     Sec. 10.  Minnesota Statutes 2000, section 136A.243, is 
  7.11  amended by adding a subdivision to read: 
  7.12     Subd. 10.  [DATA.] Account owner data, account data, and 
  7.13  data on beneficiaries of accounts are private data on 
  7.14  individuals as defined in section 13.02, except that the names 
  7.15  and addresses of the beneficiaries of accounts that receive 
  7.16  grants are public. 
  7.17     Sec. 11.  Minnesota Statutes 2000, section 138.17, 
  7.18  subdivision 7, is amended to read: 
  7.19     Subd. 7.  [RECORDS MANAGEMENT PROGRAM.] A records 
  7.20  management program for the application of efficient and 
  7.21  economical management methods to the creation, utilization, 
  7.22  maintenance, retention, preservation, and disposal of official 
  7.23  records shall be administered by the commissioner of 
  7.24  administration with assistance from the director of the 
  7.25  historical society.  The state records center which stores and 
  7.26  services state records not in state archives shall be 
  7.27  administered by the commissioner of administration.  The 
  7.28  commissioner of administration is empowered to (1) establish 
  7.29  standards, procedures, and techniques for effective management 
  7.30  of government records, (2) make continuing surveys of paper work 
  7.31  operations, and (3) recommend improvements in current records 
  7.32  management practices including the use of space, equipment, and 
  7.33  supplies employed in creating, maintaining, preserving and 
  7.34  disposing of government records.  It shall be the duty of the 
  7.35  head of each state agency and the governing body of each county, 
  7.36  municipality, and other subdivision of government to cooperate 
  8.1   with the commissioner in conducting surveys and to establish and 
  8.2   maintain an active, continuing program for the economical and 
  8.3   efficient management of the records of each agency, county, 
  8.4   municipality, or other subdivision of government.  When 
  8.5   requested by the commissioner, public officials shall assist in 
  8.6   the preparation of an inclusive inventory of records in their 
  8.7   custody, to which shall be attached a schedule, approved by the 
  8.8   head of the governmental unit or agency having custody of the 
  8.9   records and the commissioner, establishing a time period for the 
  8.10  retention or disposal of each series of records.  When the 
  8.11  schedule is unanimously approved by the records disposition 
  8.12  panel, the head of the governmental unit or agency having 
  8.13  custody of the records may dispose of the type of records listed 
  8.14  in the schedule at a time and in a manner prescribed in the 
  8.15  schedule for particular records which were created after the 
  8.16  approval.  A list of records disposed of pursuant to this 
  8.17  subdivision shall be forwarded to the commissioner and the 
  8.18  archivist maintained by the head of the governmental unit or 
  8.19  agency.  The archivist shall maintain a list of all records 
  8.20  destroyed. 
  8.21     Sec. 12.  Minnesota Statutes 2000, section 182.659, 
  8.22  subdivision 8, is amended to read: 
  8.23     Subd. 8.  Neither the commissioner nor any employee of the 
  8.24  department, including those employees of the department of 
  8.25  health providing services to the department of labor and 
  8.26  industry, pursuant to section 182.67, subdivision 1, is subject 
  8.27  to subpoena for purposes of inquiry into any occupational safety 
  8.28  and health inspection except in enforcement proceedings brought 
  8.29  under this chapter.  All written information, documentation and 
  8.30  reports gathered or prepared by the department pursuant to an 
  8.31  occupational safety and health inspection are public information 
  8.32  once the departmental inspection file is closed. Data that 
  8.33  identify individuals who provide data to the department as part 
  8.34  of an investigation conducted under this chapter shall be 
  8.35  private. 
  8.36     Sec. 13.  Minnesota Statutes 2000, section 260B.171, 
  9.1   subdivision 1, is amended to read: 
  9.2      Subdivision 1.  [RECORDS REQUIRED TO BE KEPT.] (a) The 
  9.3   juvenile court judge shall keep such minutes and in such manner 
  9.4   as the court deems necessary and proper.  Except as provided in 
  9.5   paragraph (b), the court shall keep and maintain records 
  9.6   pertaining to delinquent adjudications until the person reaches 
  9.7   the age of 28 years and shall release the records on an 
  9.8   individual to another juvenile court that has jurisdiction of 
  9.9   the juvenile, to a requesting adult court for purposes of 
  9.10  sentencing, or to an adult court or juvenile court as required 
  9.11  by the right of confrontation of either the United States 
  9.12  Constitution or the Minnesota Constitution.  The juvenile court 
  9.13  shall provide, upon the request of any other juvenile court, 
  9.14  copies of the records concerning adjudications involving the 
  9.15  particular child.  The court also may provide copies of records 
  9.16  concerning delinquency adjudications, on request, to law 
  9.17  enforcement agencies, probation officers, and corrections agents 
  9.18  if the court finds that providing these records serves public 
  9.19  safety or is in the best interests of the child.  Until July 1, 
  9.20  2001, Juvenile court delinquency proceeding records of 
  9.21  adjudications, court transcripts, and delinquency petitions, 
  9.22  including any probable cause attachments that have been filed or 
  9.23  police officer reports relating to a petition, must be released 
  9.24  to requesting law enforcement agencies and prosecuting 
  9.25  authorities for purposes of investigating and prosecuting 
  9.26  violations of section 609.229, provided that psychological or 
  9.27  mental health reports may not be included with those records.  
  9.28  The agency receiving the records may release the records only as 
  9.29  permitted under this section or authorized by law. 
  9.30     The court shall also keep an index in which files 
  9.31  pertaining to juvenile matters shall be indexed under the name 
  9.32  of the child.  After the name of each file shall be shown the 
  9.33  file number and, if ordered by the court, the book and page of 
  9.34  the register in which the documents pertaining to such file are 
  9.35  listed.  The court shall also keep a register properly indexed 
  9.36  in which shall be listed under the name of the child all 
 10.1   documents filed pertaining to the child and in the order filed.  
 10.2   The list shall show the name of the document and the date of 
 10.3   filing thereof.  The juvenile court legal records shall be 
 10.4   deposited in files and shall include the petition, summons, 
 10.5   notice, findings, orders, decrees, judgments, and motions and 
 10.6   such other matters as the court deems necessary and proper.  
 10.7   Unless otherwise provided by law, all court records shall be 
 10.8   open at all reasonable times to the inspection of any child to 
 10.9   whom the records relate, and to the child's parent and guardian. 
 10.10     (b) The court shall retain records of the court finding 
 10.11  that a juvenile committed an act that would be a felony- or 
 10.12  gross misdemeanor level offense until the offender reaches the 
 10.13  age of 28.  If the offender commits a felony as an adult, or the 
 10.14  court convicts a child as an extended jurisdiction juvenile, the 
 10.15  court shall retain the juvenile records for as long as the 
 10.16  records would have been retained if the offender had been an 
 10.17  adult at the time of the juvenile offense.  This paragraph does 
 10.18  not apply unless the juvenile was provided counsel as required 
 10.19  by section 260B.163, subdivision 2. 
 10.20     Sec. 14.  Minnesota Statutes 2000, section 299C.095, 
 10.21  subdivision 1, is amended to read: 
 10.22     Subdivision 1.  [ACCESS TO DATA ON JUVENILES.] (a) The 
 10.23  bureau shall administer and maintain the computerized juvenile 
 10.24  history record system based on sections 260B.171 and 260C.171 
 10.25  and other statutes requiring the reporting of data on 
 10.26  juveniles.  The data in the system are private data as defined 
 10.27  in section 13.02, subdivision 12, but are accessible to criminal 
 10.28  justice agencies as defined in section 13.02, subdivision 3a, to 
 10.29  all trial courts and appellate courts, to a person who has 
 10.30  access to the juvenile court records as provided in sections 
 10.31  260B.171 and 260C.171 or under court rule, to public defenders 
 10.32  as provided in section 611.272, and to criminal justice agencies 
 10.33  in other states in the conduct of their official duties. 
 10.34     (b) Except for access authorized under paragraph (a), the 
 10.35  bureau shall only disseminate a juvenile adjudication history 
 10.36  record in connection with a background check required by statute 
 11.1   or rule and performed on a licensee, license applicant, or 
 11.2   employment applicant or performed under section 299C.62 or 
 11.3   624.713.  If the background check is performed under section 
 11.4   299C.62, juvenile adjudication history disseminated under this 
 11.5   paragraph is limited to offenses that would constitute a 
 11.6   background check crime as defined in section 299C.61, 
 11.7   subdivision 2.  A consent for release of information from an 
 11.8   individual who is the subject of a juvenile adjudication history 
 11.9   is not effective and the bureau shall not release a juvenile 
 11.10  adjudication history record and shall not release information in 
 11.11  a manner that reveals the existence of the record. 
 11.12     Sec. 15.  Minnesota Statutes 2000, section 299C.13, is 
 11.13  amended to read: 
 11.14     299C.13 [INFORMATION FURNISHED TO PEACE OFFICER.] 
 11.15     Upon receipt of information data as to any arrested person, 
 11.16  the bureau shall immediately ascertain whether the person 
 11.17  arrested has a criminal record or is a fugitive from justice, 
 11.18  and shall at once inform the arresting officer of the facts 
 11.19  ascertained, including references to any juvenile or adult court 
 11.20  disposition data that are not in the criminal history system.  
 11.21  Upon application by any sheriff, chief of police, or other peace 
 11.22  officer in the state, or by an officer of the United States or 
 11.23  by an officer of another state, territory, or government duly 
 11.24  authorized to receive the same and effecting reciprocal 
 11.25  interchange of similar information with the division, it shall 
 11.26  be the duty of the bureau to furnish all information in its 
 11.27  possession pertaining to the identification of any person.  If 
 11.28  the bureau has a sealed record on the arrested person, it shall 
 11.29  notify the requesting peace officer of that fact and of the 
 11.30  right to seek a court order to open the record for purposes of 
 11.31  law enforcement.  A criminal justice agency shall be notified, 
 11.32  upon request, of the existence and contents of a sealed record 
 11.33  containing conviction information about an applicant for 
 11.34  employment.  For purposes of this section a "criminal justice 
 11.35  agency" means courts or a government agency that performs the 
 11.36  administration of criminal justice under statutory authority. 
 12.1      Sec. 16.  Minnesota Statutes 2000, section 299C.61, is 
 12.2   amended by adding a subdivision to read: 
 12.3      Subd. 8a.  [CONVICTION.] "Conviction" means a criminal 
 12.4   conviction or an adjudication of delinquency for an offense that 
 12.5   would be a crime if committed by an adult. 
 12.6      Sec. 17.  Minnesota Statutes 2000, section 386.20, is 
 12.7   amended by adding a subdivision to read: 
 12.8      Subd. 4.  [COUNTY RECORDER DESIGNEE; DATA 
 12.9   CLASSIFICATION.] (a) The county recorder may designate another 
 12.10  county office or deputize an officer to perform the duties of 
 12.11  the county recorder under this section.  
 12.12     (b) Certificates of discharge filed with the county 
 12.13  recorder or designee after January 1, 2002, are private data on 
 12.14  individuals as defined in section 13.02, but are accessible to a 
 12.15  personal representative of the estate, guardian or conservator, 
 12.16  or agent of the subject of the data. 
 12.17     Sec. 18.  Minnesota Statutes 2000, section 611A.19, is 
 12.18  amended to read: 
 12.19     611A.19 [TESTING OF SEX OFFENDER FOR HUMAN IMMUNODEFICIENCY 
 12.20  VIRUS.] 
 12.21     Subdivision 1.  [TESTING ON REQUEST OF VICTIM.] (a) Upon 
 12.22  the request or with the consent of the victim, the prosecutor 
 12.23  shall make a motion in camera and the sentencing court shall 
 12.24  issue an order requiring an adult convicted of or a juvenile 
 12.25  adjudicated delinquent for violating section 609.342 (criminal 
 12.26  sexual conduct in the first degree), 609.343 (criminal sexual 
 12.27  conduct in the second degree), 609.344 (criminal sexual conduct 
 12.28  in the third degree), 609.345 (criminal sexual conduct in the 
 12.29  fourth degree), or any other violent crime, as defined in 
 12.30  section 609.1095, to submit to testing to determine the presence 
 12.31  of human immunodeficiency virus (HIV) antibody if:  
 12.32     (1) the crime involved sexual penetration, however slight, 
 12.33  as defined in section 609.341, subdivision 12; or 
 12.34     (2) evidence exists that the broken skin or mucous membrane 
 12.35  of the victim was exposed to or had contact with the offender's 
 12.36  semen or blood during the commission of the crime in a manner 
 13.1   which has been demonstrated epidemiologically to transmit the 
 13.2   human immunodeficiency virus (HIV).  
 13.3      (b) When the court orders an offender to submit to testing 
 13.4   under paragraph (a), the court shall order that the test be 
 13.5   performed by an appropriate health professional who is trained 
 13.6   to provide the counseling described in section 144.7414, and 
 13.7   that no reference to the test, the motion requesting the test, 
 13.8   the test order, or the test results may appear in the criminal 
 13.9   record or be maintained in any record of the court or court 
 13.10  services, except in the medical record maintained by the 
 13.11  department of corrections.  
 13.12     Subd. 2.  [DISCLOSURE OF TEST RESULTS.] The date and 
 13.13  results of a test performed under subdivision 1 are private data 
 13.14  as defined in section 13.02, subdivision 12, when maintained by 
 13.15  a person subject to chapter 13, or may be released only with the 
 13.16  subject's consent, if maintained by a person not subject to 
 13.17  chapter 13.  The results are available, on request, to the 
 13.18  victim or, if the victim is a minor, to the victim's parent or 
 13.19  guardian and positive test results shall be reported to the 
 13.20  commissioner of health.  Any test results given to a victim or 
 13.21  victim's parent or guardian shall be provided by a health 
 13.22  professional who is trained to provide the counseling described 
 13.23  in section 144.7414.  Data regarding administration and results 
 13.24  of the test are not accessible to any other person for any 
 13.25  purpose and shall not be maintained in any record of the court 
 13.26  or court services or any other record.  After the test results 
 13.27  are given to the victim or the victim's parent or guardian, data 
 13.28  on the test must be removed from any medical data or health 
 13.29  records maintained under section 13.384 or 144.335 and 
 13.30  destroyed, except for those medical records maintained by the 
 13.31  department of corrections. 
 13.32     Sec. 19.  Laws 1997, First Special Session chapter 3, 
 13.33  section 27, as amended by Laws 1999, chapter 243, article 5, 
 13.34  section 45, is amended to read: 
 13.35     Sec. 27.  [TAXPAYER'S PERSONAL INFORMATION; DISCLOSURE.] 
 13.36     (a) An owner of property in Washington or Ramsey county 
 14.1   that is subject to property taxation must be informed in a clear 
 14.2   and conspicuous manner in writing on a form sent to property 
 14.3   taxpayers that the property owner's name, address, and other 
 14.4   information may be used, rented, or sold for business purposes, 
 14.5   including surveys, marketing, and solicitation. 
 14.6      (b) If the property owner so requests on the form provided, 
 14.7   then any such list generated by the county and sold for business 
 14.8   purposes must exclude the owner's name and address if the 
 14.9   business purpose is conducting surveys, marketing, or 
 14.10  solicitation. 
 14.11     (c) This section expires August 1, 2001 2003. 
 14.12     Sec. 20.  [EMERGENCY MEDICAL SERVICES STUDY.] 
 14.13     Data on an emergency medical services provider 
 14.14  organization, private or nonprofit payor, or provider that are 
 14.15  collected and maintained as part of a study of emergency medical 
 14.16  services required by the legislature during the 2001 legislative 
 14.17  session are private data on individuals or nonpublic data as 
 14.18  defined in Minnesota Statutes, section 13.02. 
 14.19     Sec. 21.  [REPEALER.] 
 14.20     Minnesota Statutes 2000, sections 13.081 and 13.5921, are 
 14.21  repealed. 
 14.22     Sec. 22.  [EFFECTIVE DATE.] 
 14.23     Section 4 is effective the day following final enactment.