4th Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to privacy; providing for the classification 1.3 of and access to government data; clarifying data 1.4 provisions; recodifying statutes on crime of domestic 1.5 assault; providing for an information policy training 1.6 program; indexing statutes that restrict data access 1.7 and are located outside chapter 13; prescribing 1.8 penalties; appropriating money; amending Minnesota 1.9 Statutes 1994, sections 13.03, subdivision 6; 13.06, 1.10 subdivision 7; 13.072, subdivision 1, and by adding a 1.11 subdivision; 13.10, subdivision 5; 13.31, subdivision 1.12 1; 13.32, subdivision 2; 13.43, subdivisions 2, 5, and 1.13 by adding a subdivision; 13.46, subdivisions 1, 2, and 1.14 10; 13.49; 13.50, subdivision 2; 13.551; 13.79; 1.15 13.793; 13.82, subdivisions 3a, 5, 6, 10, and by 1.16 adding subdivisions; 13.83, subdivision 2; 13.89, 1.17 subdivision 1; 13.90; 13.99, subdivisions 1, 12, 20, 1.18 21a, 42a, 54, 55, 64, 78, 79, 112, and by adding 1.19 subdivisions; 41B.211; 128C.17; 144.0721, subdivision 1.20 2; 144.218, subdivision 4; 144.225, by adding a 1.21 subdivision; 144.335, subdivisions 2, and 3a; 1.22 144.3351; 148B.68, subdivision 1; 171.07, subdivision 1.23 1a; 171.12, subdivision 3; 253B.02, subdivision 4a; 1.24 259.10; 260.015, subdivision 28; 260.161, subdivision 1.25 1b; 268.0122, by adding a subdivision; 268.0124; 1.26 270B.02, subdivision 3; 270B.03, subdivision 1; 1.27 270B.12, subdivision 2; 270B.14, subdivisions 1, as 1.28 amended, and 11; 299C.11; 299C.61, subdivision 4; 1.29 336.9-407; 336.9-411; 363.061, subdivision 2; 1.30 383B.225, subdivision 6; 388.24, subdivision 4; 1.31 401.065, subdivision 3a; 518B.01, subdivision 14; 1.32 609.101, subdivision 2; 609.131, subdivision 2; 1.33 609.135, subdivisions 2 and 5a; 609.1352, subdivision 1.34 3; 609.185; 609.224, subdivisions 2 and 3; 609.268, 1.35 subdivision 1; 609.748, subdivision 6; 609.749, 1.36 subdivisions 4 and 5; 611A.031; 624.713, subdivision 1.37 1; 626.563, subdivision 1; 629.471, subdivision 3; 1.38 629.74; 630.36, subdivision 2; and 631.046, 1.39 subdivision 1; Laws 1993, chapter 192, section 110; 1.40 proposing coding for new law in Minnesota Statutes, 1.41 chapters 13; 13B; 181; 270B; 609; and 611A; repealing 1.42 Minnesota Statutes 1994, sections 13.06, subdivision 1.43 6; 13.38, subdivision 4; 13.69, subdivision 2; 13.71, 1.44 subdivisions 9, 10, 11, 12, 13, 14, 15, 16, and 17; 1.45 and 13B.04; Laws 1990, chapter 566, section 9, as 1.46 amended; and Laws 1994, chapter 618, article 1, 2.1 section 47. 2.2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.3 ARTICLE 1 2.4 DATA PRACTICES 2.5 Section 1. Minnesota Statutes 1994, section 13.06, 2.6 subdivision 7, is amended to read: 2.7 Subd. 7. [LEGISLATIVE CONSIDERATION OF TEMPORARY 2.8 CLASSIFICATIONS; EXPIRATION.] On or before January 15 of each 2.9 year, the commissioner shall submit all temporary 2.10 classifications in effect on January 1 in bill form to the 2.11 legislature. The temporary classification expires June 1 of the 2.12 year following its submission to the legislature. 2.13 Sec. 2. Minnesota Statutes 1994, section 13.072, 2.14 subdivision 1, is amended to read: 2.15 Subdivision 1. [OPINION; WHEN REQUIRED.] (a) Upon request 2.16 of a state agency, statewide system, or political subdivision, 2.17 the commissioner may give a written opinion on any question 2.18 relating to public access to government data, rights of subjects 2.19 of data, or classification of data under this chapter or other 2.20 Minnesota statutes governing government data practices. Upon 2.21 request of any person who disagrees with a determination 2.22 regarding data practices made by a state agency, statewide 2.23 system, or political subdivision, the commissioner may give a 2.24 written opinion regarding the person's rights as a subject of 2.25 government data or right to have access to government data. If 2.26 the commissioner determines that no opinion will be issued, the 2.27 commissioner shall give the state agency, statewide system, 2.28 political subdivision, or person requesting the opinion notice 2.29 of the decision not to issue the opinion within five days of 2.30 receipt of the request. If this notice is not given, the 2.31 commissioner shall issue an opinion within 20 days of receipt of 2.32 the request. For good cause and upon written notice to the 2.33 person requesting the opinion, the commissioner may extend this 2.34 deadline for one additional 30-day period. The notice must 2.35 state the reason for extending the deadline. The state agency, 2.36 statewide system, or political subdivision must be provided a 3.1 reasonable opportunity to explain the reasons for its decision 3.2 regarding the data. The commissioner or the state agency, 3.3 statewide system, or political subdivision may choose to give 3.4 notice to the subject of the data concerning the dispute 3.5 regarding the data. 3.6 (b) This section does not apply to a
question involving the3.7 exercise of a discretionary power specifically granted by3.8 statute to a responsible authority to withhold or grant access3.9 to government data in a manner different than the data's general3.10 statutory classificationdetermination made by the commissioner 3.11 of health under section 13.38, subdivision 2, paragraph (c), or 3.12 144.6581. 3.13 (c) A written opinion issued by the attorney general shall 3.14 take precedence over an opinion issued by the commissioner under 3.15 this section. 3.16 Sec. 3. Minnesota Statutes 1994, section 13.072, is 3.17 amended by adding a subdivision to read: 3.18 Subd. 4. [DATA SUBMITTED TO COMMISSIONER.] A state agency, 3.19 statewide system, or political subdivision may submit not public 3.20 data to the commissioner for the purpose of requesting or 3.21 responding to a person's request for an opinion. Government 3.22 data submitted to the commissioner by a state agency, statewide 3.23 system, or political subdivision or copies of government data 3.24 submitted by other persons have the same classification as the 3.25 data have when held by the state agency, statewide system, or 3.26 political subdivision. If the nature of the opinion is such 3.27 that the release of the opinion would reveal not public data, 3.28 the commissioner may issue an opinion using pseudonyms for 3.29 individuals. Data maintained by the commissioner, in the record 3.30 of an opinion issued using pseudonyms that would reveal the 3.31 identities of individuals protected by the use of the 3.32 pseudonyms, are private data on individuals. 3.33 Sec. 4. Minnesota Statutes 1994, section 13.10, 3.34 subdivision 5, is amended to read: 3.35 Subd. 5. [ADOPTION RECORDS.] Notwithstanding any provision 3.36 of this chapter, adoption records shall be treated as provided 4.1 in sections 259.21259.53, 259.61, 259.79, and 259.83 to 259.89. 4.2 Sec. 5. Minnesota Statutes 1994, section 13.31, 4.3 subdivision 1, is amended to read: 4.4 Subdivision 1. [DEFINITION.] As used in this section, 4.5 "benefit data" means data on individuals collected or created 4.6 because an individual seeks information about becoming, is, or 4.7 was an applicant for or a recipient of benefits or services 4.8 provided under various housing, home ownership, and4.9 rehabilitation and community action agency, head start, and food 4.10 assistance programs administered by state agencies, political 4.11 subdivisions, or statewide systems. Benefit data does not 4.12 include welfare data which shall be administered in accordance 4.13 with section 13.46. 4.14 Sec. 6. Minnesota Statutes 1994, section 13.32, 4.15 subdivision 2, is amended to read: 4.16 Subd. 2. [STUDENT HEALTH AND CENSUS DATA.] (a) Health data 4.17 concerning students, including but not limited to, data 4.18 concerning immunizations, notations of special physical or 4.19 mental problems and records of school nurses ; and pupil census4.20 data, including but not limited to, emergency information,4.21 family information and data concerning parents shall be4.22 consideredare educational data. Access by parents to student 4.23 health data shall be pursuant to section 13.02, subdivision 8. 4.24 (b) Pupil census data, including emergency information, 4.25 family information, and data concerning parents are educational 4.26 data. 4.27 Sec. 7. Minnesota Statutes 1994, section 13.43, 4.28 subdivision 2, is amended to read: 4.29 Subd. 2. [PUBLIC DATA.] (a) Except for employees described 4.30 in subdivision 5, the following personnel data on current and 4.31 former employees, volunteers, and independent contractors of a 4.32 state agency, statewide system, or political subdivision and 4.33 members of advisory boards or commissions is public: 4.34 (1) name; actual gross salary; salary range; contract fees; 4.35 actual gross pension; the value and nature of employer paid 4.36 fringe benefits; and the basis for and the amount of any added 5.1 remuneration, including expense reimbursement, in addition to 5.2 salary; 5.3 (2) job title; job description; education and training 5.4 background; and previous work experience; 5.5 (3) date of first and last employment; 5.6 (4) the existence and status of any complaints or charges 5.7 against the employee, whether or notregardless of whether the 5.8 complaint or charge resulted in a disciplinary action; 5.9 (5) the final disposition of any disciplinary action 5.10 together with the specific reasons for the action and data 5.11 documenting the basis of the action, excluding data that would 5.12 identify confidential sources who are employees of the public 5.13 body; 5.14 (6) the terms of any agreement settling any dispute arising 5.15 out of the employment relationship; 5.16 (7) work location; a work telephone number; badge number; 5.17 and honors and awards received; and 5.18 (8) payroll time sheets or other comparable data that are 5.19 only used to account for employee's work time for payroll 5.20 purposes, except to the extent that release of time sheet data 5.21 would reveal the employee's reasons for the use of sick or other 5.22 medical leave or other not public data; and city and county of 5.23 residence. 5.24 (b) For purposes of this subdivision, a final disposition 5.25 occurs when the state agency, statewide system, or political 5.26 subdivision makes its final decision about the disciplinary 5.27 action, regardless of the possibility of any later proceedings 5.28 or court proceedings. In the case of arbitration proceedings 5.29 arising under collective bargaining agreements, a final 5.30 disposition occurs at the conclusion of the arbitration 5.31 proceedings, or upon the failure of the employee to elect 5.32 arbitration within the time provided by the collective 5.33 bargaining agreement. Final disposition includes a resignation 5.34 by an individual when the resignation occurs after the final 5.35 decision of the state agency, statewide system, political 5.36 subdivision, or arbitrator. 6.1 (c) The state agency, statewide system, or political 6.2 subdivision may display a photograph of a current or former 6.3 employee to a prospective witness as part of the state agency's, 6.4 statewide system's, or political subdivision's investigation of 6.5 any complaint or charge against the employee. 6.6 (d) A complainant has access to a statement provided by the 6.7 complainant to a state agency, statewide system, or political 6.8 subdivision in connection with a complaint or charge against an 6.9 employee. 6.10 (e) Notwithstanding paragraph (a), clause (5), upon 6.11 completion of an investigation of a complaint or charge against 6.12 a public official, or if a public official resigns or is 6.13 terminated from employment while the complaint or charge is 6.14 pending, all data relating to the complaint or charge are 6.15 public, unless access to the data would jeopardize an active 6.16 investigation or reveal confidential sources. For purposes of 6.17 this paragraph, "public official" means the head of a state 6.18 agency and deputy and assistant state agency heads. 6.19 Sec. 8. Minnesota Statutes 1994, section 13.43, 6.20 subdivision 5, is amended to read: 6.21 Subd. 5. [UNDERCOVER LAW ENFORCEMENT OFFICER.] All 6.22 personnel data maintained by any state agency, statewide system 6.23 or political subdivision relating to an individual employed as 6.24 or an applicant for employment as an undercover law enforcement 6.25 officer isare private data on individuals. When the individual 6.26 is no longer assigned to an undercover position, the data 6.27 described in subdivisions 2 and 3 become public unless the law 6.28 enforcement agency determines that revealing the data would 6.29 threaten the personal safety of the officer or jeopardize an 6.30 active investigation. 6.31 Sec. 9. Minnesota Statutes 1994, section 13.43, is amended 6.32 by adding a subdivision to read: 6.33 Subd. 9. [PEER COUNSELING DEBRIEFING DATA.] (a) Data 6.34 acquired by a peer group member in a public safety peer 6.35 counseling debriefing is private data on the person being 6.36 debriefed. 7.1 (b) For purposes of this subdivision, "public safety peer 7.2 counseling debriefing" means a group process oriented debriefing 7.3 session held for peace officers, firefighters, medical emergency 7.4 persons, dispatchers, or other persons involved with public 7.5 safety emergency services, that is established by any agency 7.6 providing public safety emergency services and is designed to 7.7 help a person who has suffered an occupation-related traumatic 7.8 event begin the process of healing and effectively dealing with 7.9 posttraumatic stress. 7.10 Sec. 10. Minnesota Statutes 1994, section 13.46, 7.11 subdivision 1, is amended to read: 7.12 Subdivision 1. [DEFINITIONS.] As used in this section: 7.13 (a) "Individual" means an individual pursuant to section 7.14 13.02, subdivision 8, but does not include a vendor of services. 7.15 (b) "Program" includes all programs for which authority is 7.16 vested in a component of the welfare system pursuant to statute 7.17 or federal law, including, but not limited to, aid to families 7.18 with dependent children, medical assistance, general assistance, 7.19 work readiness, andgeneral assistance medical care, and child 7.20 support collections. 7.21 (c) "Welfare system" includes the department of human 7.22 services, local social services agencies, county welfare 7.23 agencies, the public authority responsible for child support 7.24 enforcement, human services boards, community mental health 7.25 center boards, state hospitals, state nursing homes, the 7.26 ombudsman for mental health and mental retardation, and persons, 7.27 agencies, institutions, organizations, and other entities under 7.28 contract to any of the above agencies to the extent specified in 7.29 the contract. 7.30 (d) "Mental health data" means data on individual clients 7.31 and patients of community mental health centers, established 7.32 under section 245.62, mental health divisions of counties and 7.33 other providers under contract to deliver mental health 7.34 services, or the ombudsman for mental health and mental 7.35 retardation. 7.36 (e) "Fugitive felon" means a person who has been convicted 8.1 of a felony and who has escaped from confinement or violated the 8.2 terms of probation or parole for that offense. 8.3 Sec. 11. Minnesota Statutes 1994, section 13.46, 8.4 subdivision 2, is amended to read: 8.5 Subd. 2. [GENERAL.] (a) Unless the data is summary data or 8.6 a statute specifically provides a different classification, data 8.7 on individuals collected, maintained, used, or disseminated by 8.8 the welfare system is private data on individuals, and shall not 8.9 be disclosed except: 8.10 (1) pursuant to section 13.05; 8.11 (2) pursuant to court order; 8.12 (3) pursuant to a statute specifically authorizing access 8.13 to the private data; 8.14 (4) to an agent of the welfare system, including a law 8.15 enforcement person, attorney, or investigator acting for it in 8.16 the investigation or prosecution of a criminal or civil 8.17 proceeding relating to the administration of a program; 8.18 (5) to personnel of the welfare system who require the data 8.19 to determine eligibility, amount of assistance, and the need to 8.20 provide services of additional programs to the individual; 8.21 (6) to administer federal funds or programs; 8.22 (7) between personnel of the welfare system working in the 8.23 same program; 8.24 (8) the amounts of cash public assistance and relief paid 8.25 to welfare recipients in this state, including their names and 8.26 social security numbers, upon request by the department of 8.27 revenue to administer the property tax refund law, supplemental 8.28 housing allowance, and the income tax; 8.29 (9) to the Minnesota department of economic security for 8.30 the purpose of monitoring the eligibility of the data subject 8.31 for reemployment insurance, for any employment or training 8.32 program administered, supervised, or certified by that agency, 8.33 or for the purpose of administering any rehabilitation program, 8.34 whether alone or in conjunction with the welfare system, and to 8.35 verify receipt of energy assistance for the telephone assistance 8.36 plan; 9.1 (10) to appropriate parties in connection with an emergency 9.2 if knowledge of the information is necessary to protect the 9.3 health or safety of the individual or other individuals or 9.4 persons; 9.5 (11) data maintained by residential facilitiesprograms as 9.6 defined in section 245A.02 may be disclosed to the protection 9.7 and advocacy system established in this state pursuant to Part C 9.8 of Public Law Number 98-527 to protect the legal and human 9.9 rights of persons with mental retardation or other related 9.10 conditions who live in residential facilities for these persons 9.11 if the protection and advocacy system receives a complaint by or 9.12 on behalf of that person and the person does not have a legal 9.13 guardian or the state or a designee of the state is the legal 9.14 guardian of the person; 9.15 (12) to the county medical examiner or the county coroner 9.16 for identifying or locating relatives or friends of a deceased 9.17 person; 9.18 (13) data on a child support obligor who makes payments to 9.19 the public agency may be disclosed to the higher education 9.20 coordinating board to the extent necessary to determine 9.21 eligibility under section 136A.121, subdivision 2, clause (5); 9.22 (14) participant social security numbers and names 9.23 collected by the telephone assistance program may be disclosed 9.24 to the department of revenue to conduct an electronic data match 9.25 with the property tax refund database to determine eligibility 9.26 under section 237.70, subdivision 4a; 9.27 (15) the current address of a recipient of aid to families 9.28 with dependent children may be disclosed to law enforcement 9.29 officers who provide the name and social security number of the 9.30 recipient and satisfactorily demonstrate that: (i) the 9.31 recipient is a fugitive felon, including the grounds for this 9.32 determination; (ii) the location or apprehension of the felon is 9.33 within the law enforcement officer's official duties; and (iii) 9.34 the request is made in writing and in the proper exercise of 9.35 those duties; 9.36 (16) the current address of a recipient of general 10.1 assistance, work readiness, or general assistance medical care 10.2 may be disclosed to probation officers and corrections agents 10.3 who are supervising the recipient, and to law enforcement 10.4 officers who are investigating the recipient in connection with 10.5 a felony level offense; 10.6 (17) information obtained from food stamp applicant or 10.7 recipient households may be disclosed to local, state, or 10.8 federal law enforcement officials, upon their written request, 10.9 for the purpose of investigating an alleged violation of the 10.10 food stamp act, in accordance with Code of Federal Regulations, 10.11 title 7, section 272.1(c); or10.12 (18) data on a child support obligor who is in arrears may 10.13 be disclosed for purposes of publishing the data pursuant to 10.14 section 518.575; or 10.15 (19) data on child support payments made by a child support 10.16 obligor may be disclosed to the obligee. 10.17 (b) Information on persons who have been treated for drug 10.18 or alcohol abuse may only be disclosed in accordance with the 10.19 requirements of Code of Federal Regulations, title 42, sections 10.20 2.1 to 2.67. 10.21 (c) Data provided to law enforcement agencies under 10.22 paragraph (a), clause (15), (16), or (17), or paragraph (b), are 10.23 investigative data and are confidential or protected nonpublic 10.24 while the investigation is active. The data are private after 10.25 the investigation becomes inactive under section 13.82, 10.26 subdivision 5, paragraph (a) or (b). 10.27 (d) Mental health data shall be treated as provided in 10.28 subdivisions 7, 8, and 9, but is not subject to the access 10.29 provisions of subdivision 10, paragraph (b). 10.30 Sec. 12. Minnesota Statutes 1994, section 13.46, 10.31 subdivision 10, is amended to read: 10.32 Subd. 10. [RESPONSIBLE AUTHORITY.] (a) Notwithstanding any 10.33 other provision of this chapter to the contrary, the responsible 10.34 authority for each component of the welfare system listed in 10.35 subdivision 1, clause (c), shall be as follows: 10.36 (1) the responsible authority for the department of human 11.1 services, state hospitals, and nursing homes is the commissioner 11.2 of the department of human services; 11.3 (2) the responsible authority of a county welfare agency is 11.4 the director of the county welfare agency; 11.5 (3) the responsible authority for a local social services 11.6 agency, human services board, or community mental health center 11.7 board is the chair of the board; and11.8 (4) the responsible authority of any person, agency, 11.9 institution, organization, or other entity under contract to any 11.10 of the components of the welfare system listed in subdivision 1, 11.11 clause (c), is the person specified in the contract; and 11.12 (5) the responsible authority of the public authority for 11.13 child support enforcement is the head of the public authority 11.14 for child support enforcement. 11.15 (b) A responsible authority shall allow another responsible 11.16 authority in the welfare system access to data classified as not 11.17 public data when access is necessary for the administration and 11.18 management of programs, or as authorized or required by statute 11.19 or federal law. 11.20 Sec. 13. Minnesota Statutes 1994, section 13.49, is 11.21 amended to read: 11.22 13.49 [SOCIAL SECURITY NUMBERS.] 11.23 Subdivision 1. [GENERAL.] The social security numbers of 11.24 individuals collected or maintained by a state agency, statewide 11.25 system, or political subdivision are private data on 11.26 individuals, except to the extent that access to the social 11.27 security number is specifically authorized by law. 11.28 Subd. 2. [COUNTY RECORDER OR REGISTRAR OF TITLES.] 11.29 Subdivision 1 does not apply to social security numbers that 11.30 appear in documents or records filed or recorded with the county 11.31 recorder or registrar of titles, other than documents filed 11.32 under section 600.23. 11.33 Sec. 14. Minnesota Statutes 1994, section 13.50, 11.34 subdivision 2, is amended to read: 11.35 Subd. 2. [PUBLIC DATA.] The data made confidential or 11.36 protected nonpublic by the provisions of subdivision 1 shall 12.1 become public upon the occurrence of any of the following: 12.2 (a) The negotiating parties exchange appraisals; 12.3 (b) The data are submitted to a court appointed 12.4 condemnation commissioner; 12.5 (c) The data are presented in court in condemnation 12.6 proceedings; or 12.7 (d) The negotiating parties enter into an agreement for the 12.8 purchase and sale of the property. 12.9 Sec. 15. Minnesota Statutes 1994, section 13.551, is 12.10 amended to read: 12.11 13.551 [ CLASSIFICATION OF SAINT PAULPORT AUTHORITY DATA.] 12.12 Subdivision 1. [SAINT PAUL PORT AUTHORITY.] The following 12.13 data not on individuals collected and maintained by the Saint 12.14 Paul port authority are classified as protected nonpublic, until 12.15 30 days before the date of a hearing on a proposed sale pursuant 12.16 to section 469.065: financial studies and reports that are part 12.17 of appraisers' estimates of value of or concerning projects as 12.18 defined in chapter 474, prepared by personnel of the port 12.19 authority or independent accountants, consultants, and 12.20 appraisers for the purpose of marketing by sale or lease a 12.21 project which the port authority has acquired or repossessed as 12.22 the result of the default under and the termination of a revenue 12.23 agreement as defined in chapter 474. 12.24 Subd. 2. [RED WING PORT AUTHORITY.] Data maintained by the 12.25 Red Wing port authority that pertain to negotiations with 12.26 property owners regarding the purchase of property are nonpublic 12.27 data not on individuals. With the exception of the authority's 12.28 evaluation of properties not purchased, all other negotiation 12.29 data become public at the time of the closing of the property 12.30 sale. 12.31 Sec. 16. [13.646] [LEGISLATIVE AND BUDGET PROPOSAL DATA.] 12.32 Subdivision 1. [DEFINITION.] As used in this section, 12.33 "state administration" means the governor's office, the 12.34 department of finance, and any state agency that is under the 12.35 direct control of the governor. 12.36 Subd. 2. [CLASSIFICATIONS.] Legislative and budget 13.1 proposals, including preliminary drafts, that are created, 13.2 collected, or maintained by the state administration are 13.3 protected nonpublic data. After the budget is presented to the 13.4 legislature by the state administration, supporting data, 13.5 including agency requests, are public data. Supporting data do 13.6 not include preliminary drafts. The state administration may 13.7 disclose any of the data within the state administration and to 13.8 the public at any time if disclosure would aid the 13.9 administration in considering and preparing its proposals. 13.10 Sec. 17. Minnesota Statutes 1994, section 13.79, is 13.11 amended to read: 13.12 13.79 [DEPARTMENT OF LABOR AND INDUSTRY DATA.] 13.13 Data that identify complaining employees and that appear on 13.14 complaint forms received by the department of labor and industry 13.15 concerning alleged violations of the fair labor standards 13.16 act or, section 181.75 or 181.9641 are classified as private 13.17 data. 13.18 Sec. 18. Minnesota Statutes 1994, section 13.793, is 13.19 amended to read: 13.20 13.793 [NATURAL RESOURCES MINERAL DATA.] 13.21 Subdivision 1. [NONPUBLIC DATA.] Except as provided in 13.22 subdivision 2, the following data received and maintained by the 13.23 commissioner of natural resources are nonpublic data: 13.24 (1) a letter or other documentation from a person that is 13.25 supplied to the commissioner before a public lease sale of 13.26 metallic or other minerals for the purpose of making suggestions 13.27 or recommendations about which state lands may be offered for 13.28 public lease sale; or13.29 (2) a written report or other documentation of private 13.30 analyses of a state-owned or controlled drill core that is 13.31 public data and is under the custody of the commissioner; or 13.32 (3) exploration data received by the commissioner under the 13.33 terms of a state mineral lease. 13.34 Subd. 2. [DATA BECOME PUBLIC.] (a) Data under subdivision 13.35 1, clause (1), become public data three years after the date the 13.36 lease sale was held or, if not held, within three years after 14.1 the date the lease sale was scheduled to be held. Except as 14.2 provided in paragraph (b), data under subdivision 1, clause (2), 14.3 become public data one year after receipt by the 14.4 commissioner. Except as provided in paragraph (c) or as 14.5 otherwise provided for by law, data under subdivision 1, clause 14.6 (3), become public data upon termination of the state mineral 14.7 lease under which the data were gathered. 14.8 (b) If data under subdivision 1, clause (2), relate to 14.9 private land that is under mineral lease to the person 14.10 submitting the data, and the mineral lease is in force at the 14.11 time the data are submitted, the data become public data only 14.12 after the mineral lease is no longer in force. The person 14.13 submitting the data that relate to private land that is under 14.14 mineral lease shall provide to the commissioner at the time the 14.15 data are submitted and annually thereafter, in a format 14.16 designated by the commissioner, satisfactory evidence that the 14.17 mineral lease is in effect. If, in a given year, satisfactory 14.18 evidence that the mineral lease is still in effect is not 14.19 provided to the commissioner before the anniversary date of 14.20 receipt of the data by the commissioner, the data immediately 14.21 become public data. 14.22 (c) If data under subdivision 1, clause (3), are nonpublic 14.23 data under the provisions of section 103I.605, subdivision 4, 14.24 clause (c), the data become public data pursuant to the 14.25 provisions of section 103I.605, subdivision 4, clauses (c) and 14.26 (d). 14.27 Sec. 19. Minnesota Statutes 1994, section 13.82, 14.28 subdivision 3a, is amended to read: 14.29 Subd. 3a. [AUDIO RECORDING OF 911 CALL.] The audio 14.30 recording of a call placed to a 911 system for the purpose of 14.31 requesting service from a law enforcement, fire, or medical 14.32 agency is private data on individuals with respect to the 14.33 individual making the call, except that a written transcript of 14.34 the audio recording is public, unless it reveals the identity of 14.35 an individual otherwise protected under subdivision 10. A 14.36 transcript shall be prepared upon request. The person 15.1 requesting the transcript shall pay the actual cost of 15.2 transcribing the call, in addition to any other applicable costs 15.3 provided under section 13.03, subdivision 3. The audio 15.4 recording may be disseminated to law enforcement agencies for 15.5 investigative purposes. The audio recording may be used for 15.6 public safety dispatcherand emergency medical services training 15.7 purposes. 15.8 Sec. 20. Minnesota Statutes 1994, section 13.82, 15.9 subdivision 5, is amended to read: 15.10 Subd. 5. [CRIMINAL INVESTIGATIVE DATA COLLECTION.] Except 15.11 for the data defined in subdivisions 2, 3, and 4, investigative 15.12 data collected or created by a law enforcement agency in order 15.13 to prepare a case against a person, whether known or unknown, 15.14 for the commission of a crime or civil wrongother offense for 15.15 which the agency has primary investigative responsibility is 15.16 confidential or protected nonpublic while the investigation is 15.17 active. Inactive investigative data is public unless the 15.18 release of the data would jeopardize another ongoing 15.19 investigation or would reveal the identity of individuals 15.20 protected under subdivision 10. Photographs which are part of 15.21 inactive investigative files and which are clearly offensive to 15.22 common sensibilities are classified as private or nonpublic 15.23 data, provided that the existence of the photographs shall be 15.24 disclosed to any person requesting access to the inactive 15.25 investigative file. An investigation becomes inactive upon the 15.26 occurrence of any of the following events: 15.27 (a) a decision by the agency or appropriate prosecutorial 15.28 authority not to pursue the case; 15.29 (b) expiration of the time to bring a charge or file a 15.30 complaint under the applicable statute of limitations, or 30 15.31 years after the commission of the offense, whichever comes 15.32 earliest; or 15.33 (c) exhaustion of or expiration of all rights of appeal by 15.34 a person convicted on the basis of the investigative data. 15.35 Any investigative data presented as evidence in court shall 15.36 be public. Data determined to be inactive under clause (a) may 16.1 become active if the agency or appropriate prosecutorial 16.2 authority decides to renew the investigation. 16.3 During the time when an investigation is active, any person 16.4 may bring an action in the district court located in the county 16.5 where the data is being maintained to authorize disclosure of 16.6 investigative data. The court may order that all or part of the 16.7 data relating to a particular investigation be released to the 16.8 public or to the person bringing the action. In making the 16.9 determination as to whether investigative data shall be 16.10 disclosed, the court shall consider whether the benefit to the 16.11 person bringing the action or to the public outweighs any harm 16.12 to the public, to the agency or to any person identified in the 16.13 data. The data in dispute shall be examined by the court in 16.14 camera. 16.15 Sec. 21. Minnesota Statutes 1994, section 13.82, is 16.16 amended by adding a subdivision to read: 16.17 Subd. 5c. [NAME CHANGE DATA.] Data on court records 16.18 relating to name changes under section 259.10, subdivision 2, 16.19 which is held by a law enforcement agency is confidential data 16.20 on an individual while an investigation is active and is private 16.21 data on an individual when the investigation becomes inactive. 16.22 Sec. 22. Minnesota Statutes 1994, section 13.82, 16.23 subdivision 10, is amended to read: 16.24 Subd. 10. [PROTECTION OF IDENTITIES.] A law enforcement 16.25 agency or a law enforcement dispatching agency working under 16.26 direction of a law enforcement agency mayshall withhold public 16.27 access to data on individuals to protect the identity of 16.28 individuals in the following circumstances: 16.29 (a) when access to the data would reveal the identity of an 16.30 undercover law enforcement officer, as provided in section 16.31 13.43, subdivision 5; 16.32 (b) when access to the data would reveal the identity of a 16.33 victim or alleged victim of criminal sexual conduct or of a 16.34 violation of section 617.246, subdivision 2; 16.35 (c) when access to the data would reveal the identity of a 16.36 paid or unpaid informant being used by the agency if the agency 17.1 reasonably determines that revealing the identity of the 17.2 informant would threaten the personal safety of the informant; 17.3 (d) when access to the data would reveal the identity of a 17.4 victim of or witness to a crime if the victim or witness 17.5 specifically requests not to be identified publicly, andunless 17.6 the agency reasonably determines that revealing the identity of 17.7 the victim or witness would not threaten the personal safety or 17.8 property of the individual; 17.9 (e) when access to the data would reveal the identity of a 17.10 deceased person whose body was unlawfully removed from a 17.11 cemetery in which it was interred; 17.12 (f) when access to the data would reveal the identity of a 17.13 person who placed a call to a 911 system or the identity or 17.14 telephone number of a service subscriber whose phone is used to 17.15 place a call to the 911 system and: (1) the agency determines 17.16 that revealing the identity may threaten the personal safety or 17.17 property of any person; or (2) the object of the call is to 17.18 receive help in a mental health emergency. For the purposes of 17.19 this paragraph, a voice recording of a call placed to the 911 17.20 system is deemed to reveal the identity of the caller; or 17.21 (g) when access to the data would reveal the identity of a 17.22 juvenile witness and the agency reasonably determines that the 17.23 subject matter of the investigation justifies protecting the 17.24 identity of the witness. 17.25 Data concerning individuals whose identities are protected 17.26 by this subdivision are private data about those individuals. 17.27 Law enforcement agencies shall establish procedures to acquire 17.28 the data and make the decisions necessary to protect the 17.29 identity of individuals described in clauses (c), (d), (f), and 17.30 (g). 17.31 Sec. 23. Minnesota Statutes 1994, section 13.82, is 17.32 amended by adding a subdivision to read: 17.33 Subd. 17. [BOOKING PHOTOGRAPHS.] (a) For purposes of this 17.34 subdivision, "booking photograph" means a photograph or 17.35 electronically produced image taken by law enforcement for 17.36 identification purposes in connection with the arrest of a 18.1 person. 18.2 (b) Except as otherwise provided in this subdivision, a 18.3 booking photograph is public data. A law enforcement agency may 18.4 temporarily withhold access to a booking photograph if the 18.5 agency determines that access will adversely affect an active 18.6 investigation. 18.7 Sec. 24. Minnesota Statutes 1994, section 13.83, 18.8 subdivision 2, is amended to read: 18.9 Subd. 2. [PUBLIC DATA.] Unless specifically classified 18.10 otherwise by state statute or federal law, the following data 18.11 created or collected by a medical examiner or coroner on a 18.12 deceased individual is public: name of the deceased; date of 18.13 birth; date of death; address; sex; race; citizenship; height; 18.14 weight; hair color; eye color; build; complexion; age, if known, 18.15 or approximate age; identifying marks, scars and amputations; a 18.16 description of the decedent's clothing; marital status; location 18.17 of death including name of hospital where applicable; name of 18.18 spouse; whether or not the decedent ever served in the armed 18.19 forces of the United States; social security number;occupation; 18.20 business; father's name (also birth name, if different); 18.21 mother's name (also birth name, if different); birthplace; 18.22 birthplace of parents; cause of death; causes of cause of death; 18.23 whether an autopsy was performed and if so, whether it was 18.24 conclusive; date and place of injury, if applicable, including 18.25 work place; how injury occurred; whether death was caused by 18.26 accident, suicide, homicide, or was of undetermined cause; 18.27 certification of attendance by physician; physician's name and 18.28 address; certification by coroner or medical examiner; name and 18.29 signature of coroner or medical examiner; type of disposition of 18.30 body; burial place name and location, if applicable; date of 18.31 burial, cremation or removal; funeral home name and address; and 18.32 name of local register or funeral director. 18.33 Sec. 25. Minnesota Statutes 1994, section 13.89, 18.34 subdivision 1, is amended to read: 18.35 Subdivision 1. [MENTAL RETARDATION.] Data on clients and 18.36 residents of facilities or programs licensed pursuant to 19.1 sections 144.50 to 144.58, 245A.01 to 245A.16, and 252.28, 19.2 subdivision 2, may be disseminated to the protection and 19.3 advocacy system established in this state pursuant to Part C of 19.4 Public Law Number 98-527 to protect the legal and human rights 19.5 of persons with mental retardation or other related conditions 19.6 who live in residential facilities or programs for these persons 19.7 if: 19.8 (1) the protection and advocacy system receives a complaint 19.9 by or on behalf of that person; and 19.10 (2) the person does not have a legal guardian or the state 19.11 or a designee of the state is the legal guardian of the person. 19.12 Sec. 26. Minnesota Statutes 1994, section 13.90, is 19.13 amended to read: 19.14 13.90 [ GOVERNMENT DATA PRACTICESJUDICIARY EXEMPT.] 19.15 Subdivision 1. [DEFINITION.] For purposes of this section, 19.16 "judiciary" means any office, officer, department, division, 19.17 board, commission, committee, or agency of the courts of this 19.18 state, whether or not of record, including but not limited to 19.19 the board of law examiners, the lawyer's professional 19.20 responsibility board, the board of judicial standards, the 19.21 lawyer's trust account board, the state law library, the state 19.22 court administrator's office, the district court administrator's 19.23 office, and the office of the court administrator. 19.24 Subd. 2. [ APPLICATIONEXEMPTION.] The judiciary shall be19.25 governed by this chapter until August 1, 1987, or until the19.26 implementation of rules adopted by the supreme court regarding19.27 access to data, whichever comes first. Any data made a part of19.28 a criminal or civil case shall not be governed by this chapter19.29 at any time.The judiciary is not governed by this chapter. 19.30 Access to data of the judiciary is governed by rules adopted by 19.31 the supreme court. 19.32 Sec. 27. Minnesota Statutes 1994, section 13.99, is 19.33 amended by adding a subdivision to read: 19.34 Subd. 76a. [NAME CHANGES OF PROTECTED WITNESSES AND 19.35 VICTIMS.] Court records of name changes of participants in a 19.36 witness and victim protection program are governed by section 20.1 259.10, subdivision 2. 20.2 Sec. 28. [13B.05] [REMEDIES.] 20.3 The remedies and penalties in sections 13.08 and 13.09 20.4 apply to this chapter. 20.5 Sec. 29. Minnesota Statutes 1994, section 41B.211, is 20.6 amended to read: 20.7 41B.211 [DATA PRIVACY.] 20.8 Subdivision 1. [DATA ON INDIVIDUALS.] Financial 20.9 information, including credit reports, financial statements, and 20.10 net worth calculations, received or prepared by the authority 20.11 regarding any authority loan and the name of each individual who 20.12 is the recipient of a loan are private data on individuals, 20.13 under chapter 13, except that information obtained under the 20.14 agricultural development bond program in sections 41C.01 to 20.15 41C.13 may be released as required by federal tax law. 20.16 Subd. 2. [DATA NOT ON INDIVIDUALS.] The following data 20.17 submitted to the authority by businesses that are requesting 20.18 financial assistance are nonpublic data as defined in section 20.19 13.02: financial information about the applicant, including 20.20 credit reports, financial statements, net worth calculations, 20.21 business plans, income and expense projections, customer lists, 20.22 market and feasibility studies not paid for with public funds, 20.23 tax returns, and financial reports provided to the authority 20.24 after closing of the financial assistance. 20.25 Sec. 30. Minnesota Statutes 1994, section 128C.17, is 20.26 amended to read: 20.27 128C.17 [LEAGUE IS SUBJECT TO DATA PRACTICES ACT.] 20.28 The collection, creation, receipt, maintenance, 20.29 dissemination, or use of information by the state high school 20.30 league is subject to chapter 13. The league must make data 20.31 relating to its eligibility determinations available to the 20.32 public in the form of summary data, with all personal 20.33 identifiers removed. 20.34 Sec. 31. Minnesota Statutes 1994, section 144.0721, 20.35 subdivision 2, is amended to read: 20.36 Subd. 2. [ACCESS TO DATA.] With the exception of summary 21.1 data, data on individuals that is collected, maintained, used, 21.2 or disseminated by the commissioner of health under subdivision 21.3 1 is private data on individuals and shall not be disclosed to 21.4 others except: 21.5 (1) under section 13.05; 21.6 (2) under a valid court order; 21.7 (3) to the nursing home or boarding care home in which the 21.8 individual resided at the time the assessment was completed; or21.9 (4) to the commissioner of human services; or 21.10 (5) to county home care staff for the purpose of assisting 21.11 the individual to be discharged from a nursing home or boarding 21.12 care home and returned to the community. 21.13 Sec. 32. Minnesota Statutes 1994, section 144.218, 21.14 subdivision 4, is amended to read: 21.15 Subd. 4. [INCOMPLETE AND, INCORRECT, AND MODIFIED 21.16 CERTIFICATES.] If a court finds that a birth certificate is 21.17 incomplete, inaccurate or false, or if it is being issued 21.18 pursuant to section 259.10, subdivision 2, it may order the 21.19 registration of a new certificate, and shall, if necessary, set 21.20 forth the correct information in the order. Upon receipt of the 21.21 order the state registrar shall register a new certificate 21.22 containing the findings of the court, and the prior certificate 21.23 shall be confidential pursuant to section 13.02, subdivision 3, 21.24 and shall not be disclosed except pursuant to court order. 21.25 Sec. 33. Minnesota Statutes 1994, section 144.225, is 21.26 amended by adding a subdivision to read: 21.27 Subd. 2a. [HEALTH DATA ASSOCIATED WITH BIRTH 21.28 REGISTRATION.] Information from which an identification of risk 21.29 for disease, disability, or developmental delay in a mother or 21.30 child can be made, that is collected in conjunction with birth 21.31 registration or fetal death reporting, is private data as 21.32 defined in section 13.02, subdivision 12. The commissioner may 21.33 disclose to a local board of health, as defined in section 21.34 145A.02, subdivision 2, health data associated with birth 21.35 registration which identifies a mother or child at high risk for 21.36 serious disease, disability, or developmental delay in order to 22.1 assure access to appropriate health, social, or educational 22.2 services. 22.3 Sec. 34. Minnesota Statutes 1994, section 144.335, 22.4 subdivision 3a, is amended to read: 22.5 Subd. 3a. [PATIENT CONSENT TO RELEASE OF RECORDS; 22.6 LIABILITY.] (a) A provider, or a person who receives health 22.7 records from a provider, may not release a patient's health 22.8 records to a person without a signed and dated consent from the 22.9 patient or the patient's legally authorized representative 22.10 authorizing the release, unless the release is specifically 22.11 authorized by law. Except as provided in paragraph (c), a 22.12 consent is valid for one year or for a lesser period specified 22.13 in the consent or for a different period provided by law. 22.14 (b) This subdivision does not prohibit the release of 22.15 health records: 22.16 (1) for a medical emergency when the provider is unable to 22.17 obtain the patient's consent due to the patient's condition or 22.18 the nature of the medical emergency; or 22.19 (2) to other providers within related health care entities 22.20 when necessary for the current treatment of the patient. 22.21 (c) Notwithstanding paragraph (a), if a patient explicitly 22.22 gives informed consent to the release of health records for the 22.23 purposes and pursuant to the restrictions in clauses (1) and 22.24 (2), the consent does not expire after one year for: 22.25 (1) the release of health records to a provider who is 22.26 being advised or consulted with in connection with the current 22.27 treatment of the patient; 22.28 (2) the release of health records to an accident and health 22.29 insurer, health service plan corporation, health maintenance 22.30 organization, or third-party administrator for purposes of 22.31 payment of claims, fraud investigation, or quality of care 22.32 review and studies, provided that: 22.33 (i) the use or release of the records complies with 22.34 sections 72A.49 to 72A.505; 22.35 (ii) further use or release of the records in individually 22.36 identifiable form to a person other than the patient without the 23.1 patient's consent is prohibited; and 23.2 (iii) the recipient establishes adequate safeguards to 23.3 protect the records from unauthorized disclosure, including a 23.4 procedure for removal or destruction of information that 23.5 identifies the patient. 23.6 (d) Until June 1, 1996, paragraph (a) does not prohibit the 23.7 release of health records to qualified personnel solely for 23.8 purposes of medical or scientific research, if the patient has 23.9 not objected to a release for research purposes and the provider 23.10 who releases the records makes a reasonable effort to determine 23.11 that: 23.12 (i) the use or disclosure does not violate any limitations 23.13 under which the record was collected; 23.14 (ii) the use or disclosure in individually identifiable 23.15 form is necessary to accomplish the research or statistical 23.16 purpose for which the use or disclosure is to be made; 23.17 (iii) the recipient has established and maintains adequate 23.18 safeguards to protect the records from unauthorized disclosure, 23.19 including a procedure for removal or destruction of information 23.20 that identifies the patient; and 23.21 (iv) further use or release of the records in individually 23.22 identifiable form to a person other than the patient without the 23.23 patient's consent is prohibited. 23.24 (e) A person who negligently or intentionally releases a 23.25 health record in violation of this subdivision, or who forges a 23.26 signature on a consent form, or who obtains under false 23.27 pretenses the consent form or health records of another person, 23.28 or who, without the person's consent, alters a consent form, is 23.29 liable to the patient for compensatory damages caused by an 23.30 unauthorized release, plus costs and reasonable attorney's fees. 23.31 (f) Upon the written request of a spouse, parent, child, or 23.32 sibling of a patient being evaluated for or diagnosed with 23.33 mental illness, a provider shall inquire of a patient whether 23.34 the patient wishes to authorize a specific individual to receive 23.35 information regarding the patient's current and proposed course 23.36 of treatment. If the patient so authorizes, the provider shall 24.1 communicate to the designated individual the patient's current 24.2 and proposed course of treatment. Paragraph (a) applies to 24.3 consents given under this paragraph. 24.4 Sec. 35. Minnesota Statutes 1994, section 144.3351, is 24.5 amended to read: 24.6 144.3351 [IMMUNIZATION DATA.] 24.7 Providers as defined in section 144.335, subdivision 1, 24.8 group purchasers as defined in section 62J.03, subdivision 6, 24.9 elementary or secondary schools or child care facilities as 24.10 defined in section 123.70, subdivision 9, public or private 24.11 post-secondary educational institutions as defined in section 24.12 135A.14, subdivision 1, paragraph (b), a board of health as 24.13 defined in section 145A.02, subdivision 2, community action 24.14 agencies as defined in section 268.53, subdivision 1, and the 24.15 commissioner of health may exchange immunization data with one 24.16 another, without the patient's consent, on the date and type of24.17 immunizations administered to a patient, regardless of the date24.18 of immunization,if the person requesting access provides 24.19 services on behalf of the patient. For purposes of this section 24.20 immunization data includes: 24.21 (1) patient's name, address, date of birth, gender, parent 24.22 or guardian's name; and 24.23 (2) date vaccine was received, vaccine type, lot number, 24.24 and manufacturer of all immunizations received by the patient, 24.25 and whether there is a contraindication or an adverse reaction 24.26 indication. 24.27 This section applies to all immunization data, regardless 24.28 of when the immunization occurred. 24.29 Sec. 36. Minnesota Statutes 1994, section 171.07, 24.30 subdivision 1a, is amended to read: 24.31 Subd. 1a. [FILING PHOTOGRAPHS OR IMAGES; DATA 24.32 CLASSIFICATION.] The department shall file, or contract to file, 24.33 all photographs or electronically produced images obtained in 24.34 the process of issuing driver licenses or Minnesota 24.35 identification cards. The photographs or electronically 24.36 produced images shall be private data pursuant to section 13.02, 25.1 subdivision 12. Notwithstanding section 13.04, subdivision 3, 25.2 the department shall not be required to provide copies of 25.3 photographs or electronically produced images to data subjects. 25.4 The use of the files is restricted: 25.5 (1) to the issuance and control of driver licenses; 25.6 (2) for law enforcement purposes in the investigation and 25.7 prosecution of felonies and violations of section 169.09;25.8 169.121; 169.123; 169.129; 171.22; 171.24; 171.30; 609.41;25.9 609.487, subdivision 3; 609.631, subdivision 4, clause (3);25.10 609.821, subdivision 3, clauses (1), item (iv), and (3); or25.11 617.23crimes; and 25.12 (3) for child support enforcement purposes under section 25.13 256.978. 25.14 Sec. 37. Minnesota Statutes 1994, section 171.12, 25.15 subdivision 3, is amended to read: 25.16 Subd. 3. [APPLICATIONS AND RECORDS, WHEN DESTROYED.] The 25.17 department may cause applications for drivers' licenses and 25.18 instruction permits, and related records, to be destroyed 25.19 immediately after the period for which issued, except that: 25.20 (1) the driver's record pertaining to revocations, 25.21 suspensions, cancellations, disqualifications, convictions, and 25.22 accidents shall be cumulative and kept for a period of at least 25.23 five years; and 25.24 (2) the driver's record pertaining to the alcohol-related 25.25 offenses and licensing actions listed in section 169.121, 25.26 subdivision 3, and to violations of sections 169.1211 and 25.27 171.24, subdivision 5, shall be cumulative and kept for a period 25.28 of at least 15 years. 25.29 Sec. 38. [181.973] [EMPLOYEE PEER COUNSELING DEBRIEFING.] 25.30 A person engaged in a public safety peer counseling 25.31 debriefing shall not, without the permission of the person being 25.32 debriefed, be allowed to disclose any information or opinion 25.33 which the peer group member has acquired during the debriefing. 25.34 However, this does not prohibit a peer counselor from disclosing 25.35 information the peer counselor reasonably believes indicates 25.36 that the person may be a danger to self or others, if the 26.1 information is used only for the purpose of eliminating the 26.2 danger to the person or others. Any information or opinion 26.3 disclosed in violation of this paragraph is not admissible as 26.4 evidence in any personnel or occupational licensing matter 26.5 involving the person being debriefed. 26.6 For purposes of this paragraph, "public safety peer 26.7 counseling debriefing" means a group process oriented debriefing 26.8 session held for peace officers, firefighters, medical emergency 26.9 persons, dispatchers, or other persons involved with public 26.10 safety emergency services, that is established by any agency 26.11 providing public safety emergency services and is designed to 26.12 help a person who has suffered an occupation-related traumatic 26.13 event begin the process of healing and effectively dealing with 26.14 posttraumatic stress. 26.15 Sec. 39. Minnesota Statutes 1994, section 259.10, is 26.16 amended to read: 26.17 259.10 [ PROCEDUREGENERAL REQUIREMENTS.] 26.18 Subdivision 1. [PROCEDURE.] A person who shall have 26.19 resided in this state for six months may apply to the district 26.20 court in the county where the person resides to change the 26.21 person's name, the names of minor children, if any, and the name 26.22 of a spouse, if the spouse joins in the application, in the 26.23 manner herein specified. The person shall state in the 26.24 application the name and age of the spouse and each of the 26.25 children, if any, and shall describe all lands in the state in 26.26 or upon which the person, the children and the spouse if their 26.27 names are also to be changed by the application, claim any 26.28 interest or lien, and shall appear personally before the court 26.29 and prove identity by at least two witnesses. If the person be 26.30 a minor, the application shall be made by the person's guardian 26.31 or next of kin. The court shall accept the certificate of 26.32 dissolution prepared pursuant to section 518.148 as conclusive 26.33 evidence of the facts recited in the certificate and may not 26.34 require the person to provide the court a copy of the judgment 26.35 and decree of dissolution. Every person who, with intent to 26.36 defraud, shall make a false statement in any such application 27.1 shall be guilty of a misdemeanor provided, however, that no 27.2 minor child's name may be changed without both parents having 27.3 notice of the pending of the application for change of name, 27.4 whenever practicable, as determined by the court. 27.5 Subd. 2. [WITNESS AND VICTIM PROTECTION NAME CHANGES; 27.6 PRIVATE DATA.] If the court determines that the name change for 27.7 an individual is made in connection with the individual's 27.8 participation in a witness and victim protection program, the 27.9 court shall order that the court records of the name change are 27.10 not accessible to the public; except that they may be released, 27.11 upon request, to a law enforcement agency, probation officer, or 27.12 corrections agent conducting a lawful investigation. The 27.13 existence of an application for a name change described in this 27.14 subdivision may not be disclosed except to a law enforcement 27.15 agency conducting a lawful investigation. 27.16 Sec. 40. Minnesota Statutes 1994, section 268.0122, is 27.17 amended by adding a subdivision to read: 27.18 Subd. 6. [CLASSIFICATION OF DATA ON INDIVIDUALS.] Data 27.19 collected on individuals pursuant to a program operated by the 27.20 commissioner are private data on individuals as defined in 27.21 section 13.02, subdivision 12, unless more restrictively 27.22 classified by law. 27.23 Sec. 41. Minnesota Statutes 1994, section 268.0124, is 27.24 amended to read: 27.25 268.0124 [PLAIN LANGUAGE IN WRITTEN MATERIALS.] 27.26 (a) To the extent reasonable and consistent with the goals 27.27 of providing easily understandable and readable materials and 27.28 complying with federal and state laws governing the programs, 27.29 all written materials relating to services and determinations of 27.30 eligibility for or amounts of benefits that will be given to 27.31 applicants for or recipients of assistance under a program 27.32 administered or supervised by the commissioner of economic 27.33 security must be understandable to a person who reads at the27.34 seventh-grade level, using the Flesch scale analysis readability27.35 score as determined under section 72C.09of average intelligence 27.36 and education. 28.1 (b) All written materials relating to determinations of 28.2 eligibility for or amounts of benefits that will be given to 28.3 applicants for or recipients of assistance under programs 28.4 administered or supervised by the commissioner of economic 28.5 security must be developed to satisfy the plain language 28.6 requirements of the plain language contract act under sections 28.7 325G.29 to 325G.36. Materials may be submitted to the attorney 28.8 general for review and certification. Notwithstanding section 28.9 325G.35, subdivision 1, the attorney general shall review 28.10 submitted materials to determine whether they comply with the 28.11 requirements of section 325G.31. The remedies available 28.12 pursuant to sections 8.31 and 325G.33 to 325G.36 do not apply to 28.13 these materials. Failure to comply with this section does not 28.14 provide a basis for suspending the implementation or operation 28.15 of other laws governing programs administered by the 28.16 commissioner. 28.17 (c) The requirements of this section apply to all materials 28.18 modified or developed by the commissioner on or after July 1, 28.19 1988. The requirements of this section do not apply to 28.20 materials that must be submitted to a federal agency for 28.21 approval, to the extent that application of the requirements 28.22 prevents federal approval. 28.23 (d) Nothing in this section may be construed to prohibit a 28.24 lawsuit brought to require the commissioner to comply with this 28.25 section or to affect individual appeal rights granted pursuant 28.26 to section 268.10. 28.27 (e) The commissioner shall report annually to the chairs of 28.28 the health and human services divisions of the senate finance 28.29 committee and the house of representatives appropriations 28.30 committee on the number and outcome of cases that raise the 28.31 issue of the commissioner's compliance with this section. 28.32 Sec. 42. Minnesota Statutes 1994, section 270B.02, 28.33 subdivision 3, is amended to read: 28.34 Subd. 3. [CONFIDENTIAL DATA ON INDIVIDUALS; PROTECTED 28.35 NONPUBLIC DATA.] (a) Except as provided in paragraph (b), 28.36 namesthe name or existence of informersan informer, informer 29.1 letters, and other unsolicited data, in whatever form, given to 29.2 the department of revenue by a person, other than the data 29.3 subject, who informs that a specific taxpayer is not or may not 29.4 be in compliance with tax laws, or nontax laws administered by 29.5 the department of revenue, are confidential data on individuals 29.6 or protected nonpublic data as defined in section 13.02, 29.7 subdivisions 3 and 13. 29.8 (b) Data under paragraph (a) may be disclosed with the 29.9 consent of the informer or upon a written finding by a court 29.10 that the information provided by the informer was false and that 29.11 there is evidence that the information was provided in bad 29.12 faith. This subdivision does not alter disclosure 29.13 responsibilities or obligations under the rules of criminal 29.14 procedure. 29.15 Sec. 43. Minnesota Statutes 1994, section 270B.03, 29.16 subdivision 1, is amended to read: 29.17 Subdivision 1. [WHO MAY INSPECT.] Returns and return 29.18 information must, on written request, be made open to inspection 29.19 by or disclosure to the data subject. For purposes of this 29.20 chapter, the following are the data subject: 29.21 (1) in the case of an individual return, that individual; 29.22 (2) in the case of an income tax return filed jointly, 29.23 either of the individuals with respect to whom the return is 29.24 filed; 29.25 (3) in the case of a partnership return, any person who was 29.26 a member of the partnership during any part of the period 29.27 covered by the return; 29.28 (4) in the case of the return of a corporation or its 29.29 subsidiary: 29.30 (i) any person designated by resolution of the board of 29.31 directors or other similar governing body; 29.32 (ii) any officer or employee of the corporation upon 29.33 written request signed by any officer and attested to by the 29.34 secretary or another officer; 29.35 (iii) any bona fide shareholder of record owning one 29.36 percent or more of the outstanding stock of the corporation; 30.1 (iv) if the corporation is a corporation that has made an 30.2 election under section 1362 of the Internal Revenue Code of 30.3 1986, as amended through December 31, 1988, any person who was a 30.4 shareholder during any part of the period covered by the return 30.5 during which an election was in effect; or 30.6 (v) if the corporation has been dissolved, any person 30.7 authorized by state law to act for the corporation or any person 30.8 who would have been authorized if the corporation had not been 30.9 dissolved; 30.10 (5) in the case of an estate return: 30.11 (i) the personal representative or trustee of the estate; 30.12 and 30.13 (ii) any heir at law, next of kin, or beneficiary of the 30.14 estate, but only if the commissioner finds that the heir at law, 30.15 next of kin, or beneficiary has a material interest that will be 30.16 affected by information contained in the return; 30.17 (6) in the case of a trust return: 30.18 (i) the trustee or trustees, jointly or separately; and 30.19 (ii) any beneficiary of the trust, but only if the 30.20 commissioner finds that the beneficiary has a material interest 30.21 that will be affected by information contained in the return; 30.22 (7) if liability has been assessed to a transferee under 30.23 section 289A.31, subdivision 3, the transferee is the data 30.24 subject with regard to the returns and return information 30.25 relating to the assessed liability; and30.26 (8) in the case of an Indian tribal government or an Indian 30.27 tribal government-owned entity, 30.28 (i) the chair of the tribal government, or 30.29 (ii) any person authorized by the tribal government; and 30.30 (9) in the case of a successor as defined in section 30.31 270.102, subdivision 1, paragraph (b), the successor is the data 30.32 subject and information may be disclosed as provided by section 30.33 270.102, subdivision 4. 30.34 Sec. 44. [270B.085] [DISCLOSURES IN COLLECTION ACTIONS.] 30.35 Subdivision 1. [SEIZURE INFORMATION.] Following the 30.36 execution of a writ of entry under section 270.70, the 31.1 commissioner may disclose information identifying the individual 31.2 or business subject to the writ, the basis for the writ, and the 31.3 results of the execution, including lists of property seized. 31.4 Subd. 2. [LIEN PAYOFF INFORMATION.] The commissioner may 31.5 disclose the outstanding obligation secured by a lien filed 31.6 under section 270.69, subdivision 2. 31.7 Sec. 45. Minnesota Statutes 1994, section 270B.12, 31.8 subdivision 2, is amended to read: 31.9 Subd. 2. [ MUNICIPALITIESLOCAL UNITS OF GOVERNMENT.] Sales 31.10 andor use tax returns and return information are open to 31.11 inspection by or disclosure to the taxing officials of 31.12 any municipalitylocal unit of government of the state of 31.13 Minnesota that has a local sales or use tax, for the purpose of 31.14 and to the extent necessary for the administration of the local 31.15 sales andor use tax. 31.16 Sec. 46. Minnesota Statutes 1994, section 270B.14, 31.17 subdivision 1, as amended by Laws 1995, chapter 38, section 1, 31.18 is amended to read: 31.19 Subdivision 1. [DISCLOSURE TO COMMISSIONER OF HUMAN 31.20 SERVICES.] (a) On the request of the commissioner of human 31.21 services, the commissioner shall disclose return information 31.22 regarding taxes imposed by chapter 290, and claims for refunds 31.23 under chapter 290A, to the extent provided in paragraph (b) and 31.24 for the purposes set forth in paragraph (c). 31.25 (b) Data that may be disclosed are limited to data relating 31.26 to the identity, whereabouts, employment, income, and property 31.27 of a person owing or alleged to be owing an obligation of child 31.28 support. 31.29 (c) The commissioner of human services may request data 31.30 only for the purposes of carrying out the child support 31.31 enforcement program and to assist in the location of parents who 31.32 have, or appear to have, deserted their children. Data received 31.33 may be used only as set forth in section 256.978. 31.34 (d) The commissioner shall provide the records and 31.35 information necessary to administer the supplemental housing 31.36 allowance to the commissioner of human services. 32.1 (e) At the request of the commissioner of human services, 32.2 the commissioner of revenue shall electronically match the 32.3 social security numbers and names of participants in the 32.4 telephone assistance plan operated under sections 237.69 to 32.5 237.711, with those of property tax refund filers, and determine 32.6 whether each participant's household income is within the 32.7 eligibility standards for the telephone assistance plan. 32.8 (f) The commissioner may provide records and information 32.9 collected under sections 295.50 to 295.59 to the commissioner of 32.10 human services for purposes of the Medicaid Voluntary 32.11 Contribution and Provider-Specific Tax Amendments of 1991, 32.12 Public Law Number 102-234. Upon the written agreement by the 32.13 United States Department of Health and Human Services to 32.14 maintain the confidentiality of the data, the commissioner may 32.15 provide records and information collected under sections 295.50 32.16 to 295.59 to the Health Care Financing Administration section of 32.17 the United States Department of Health and Human Services for 32.18 purposes of meeting federal reporting requirements. 32.19 (g) The commissioner may provide records and information to 32.20 the commissioner of human services as necessary to administer 32.21 the early refund of refundable tax credits. 32.22 Sec. 47. Minnesota Statutes 1994, section 270B.14, 32.23 subdivision 11, is amended to read: 32.24 Subd. 11. [DISCLOSURE TO COMMISSIONER OF HEALTH.] (a) On 32.25 the request of the commissioner of health, the commissioner may 32.26 disclose return information to the extent provided in paragraph 32.27 (b) and for the purposes provided in paragraph (c). 32.28 (b) Data that may be disclosed are limited to the 32.29 taxpayer's identity, as defined in section 270B.01, subdivision 32.30 5. 32.31 (c) The commissioner of health may request data only for 32.32 the purposes of carrying out epidemiologic investigations, which 32.33 includes conducting occupational health and safety surveillance, 32.34 and locating and notifying individuals exposed to health hazards 32.35 as a result of employment. Requests for data by the 32.36 commissioner of health must be in writing and state the purpose 33.1 of the request. Data received may be used only for the purposes 33.2 of section 144.0525. 33.3 (d) The commissioner may disclose health care service 33.4 revenue data to the commissioner of health as provided by 33.5 section 62J.41, subdivision 2. 33.6 Sec. 48. [270B.161] [DATA AND INFORMATION ON MINE VALUE OF 33.7 ORE.] 33.8 Data collected from taxpayers and maintained by the 33.9 commissioner for the purpose of determining the mine value of 33.10 ore under section 298.01 are nonpublic data as defined in 33.11 section 13.02, subdivision 9. 33.12 Sec. 49. Minnesota Statutes 1994, section 299C.11, is 33.13 amended to read: 33.14 299C.11 [IDENTIFICATION DATA FURNISHED TO BUREAU.] 33.15 The sheriff of each county and the chief of police of each 33.16 city of the first, second, and third classes shall furnish the 33.17 bureau, upon such form as the superintendent shall prescribe, 33.18 with such finger and thumb prints, photographs, distinctive 33.19 physical mark identification data, and other identification data 33.20 as may be requested or required by the superintendent of the 33.21 bureau, which may be taken under the provisions of section 33.22 299C.10, of persons who shall be convicted of a felony, gross 33.23 misdemeanor, or who shall be found to have been convicted of a 33.24 felony or gross misdemeanor, within ten years next preceding 33.25 their arrest. Upon the determination of all pending criminal 33.26 actions or proceedings in favor of the arrested person, the 33.27 arrested person shall, upon demand, have all such finger and 33.28 thumb prints, photographs, distinctive physical mark 33.29 identification data, and other identification data, and all 33.30 copies and duplicates thereof, returned, provided it is not 33.31 established that the arrested person has been convicted of any 33.32 felony, either within or without the state, within the period of 33.33 ten years immediately preceding such determination. 33.34 For purposes of this section, "determination of all pending 33.35 criminal actions or proceedings in favor of the arrested person" 33.36 does not include: 34.1 (1) the sealing of a criminal record pursuant to section 34.2 152.18, subdivision 1, 242.31, or 609.168; or 34.3 (2) the arrested person's successful completion of a 34.4 diversion program. 34.5 Sec. 50. Minnesota Statutes 1994, section 336.9-407, is 34.6 amended to read: 34.7 336.9-407 [INFORMATION FROM FILING OFFICER.] 34.8 (1) If the person filing any financing statement, 34.9 termination statement, statement of assignment, or statement of 34.10 release, furnishes the filing officer a copy thereof, the filing 34.11 officer shall upon request note upon the copy the file number 34.12 and date and hour of the filing of the original and deliver or 34.13 send the copy to such person. 34.14 (2) Upon request of any person, the filing officer shall 34.15 conduct a search of the statewide computerized uniform 34.16 commercial code database for any active financing statements 34.17 naming a particular debtor. The filing officer shall report the 34.18 findings as of the date and hour of the search by issuing: 34.19 (a) a certificate listing the file number, date, and hour 34.20 of each filing and the names and addresses of each secured 34.21 party; 34.22 (b) photocopies of those original documents on file and 34.23 located in the office of the filing officer; or 34.24 (c) upon request, both the certificate and the photocopies 34.25 referred to in (b). 34.26 The uniform fee for conducting the search and for preparing 34.27 a certificate shall be $15 if the request is in the standard 34.28 form prescribed by the secretary of state. This uniform fee 34.29 shall include up to ten photocopies of original documents. If 34.30 the request for information is made on a form other than the 34.31 standard form prescribed by the secretary of state, the fee 34.32 shall be $20 and shall include up to ten photocopies of original 34.33 documents. 34.34 Another fee, at the same rate, shall also be charged for 34.35 conducting a search and preparing a certificate showing federal 34.36 and state tax liens on file with the filing officer naming a 35.1 particular debtor. 35.2 There shall be an additional fee of $1 per page for a 35.3 photocopy of each financing statement or tax lien prepared in 35.4 excess of the first ten. 35.5 Notwithstanding the fees set in this section, a natural 35.6 person who is the subject of data must, upon the person's 35.7 request, be shown the data without charge, and upon request be 35.8 provided with photocopies of the data upon payment of no more 35.9 than the actual cost of making the copies. 35.10 Notwithstanding section 13.49, a filing officer may include 35.11 social security number information in a report of the findings 35.12 following a search of the statewide computerized uniform 35.13 commercial code database or the state and federal tax liens on 35.14 file with the filing officer. A filing officer may also include 35.15 social security number information on a photocopy of an original 35.16 document on file whether provided in response to a request for 35.17 information or in response to a request made pursuant to section 35.18 13.03. 35.19 Sec. 51. Minnesota Statutes 1994, section 336.9-411, is 35.20 amended to read: 35.21 336.9-411 [COMPUTERIZED FILING SYSTEM.] 35.22 (a) The secretary of state shall develop and implement a 35.23 statewide computerized filing system to accumulate and 35.24 disseminate information relative to lien statements, financing 35.25 statements, state and federal tax lien notices, and other 35.26 uniform commercial code documents. The computerized filing 35.27 system must allow information to be entered and retrieved from 35.28 the computerized filing system by county recorders, the 35.29 department of revenue, the department of economic security, and 35.30 the Internal Revenue Service. 35.31 (b) County recorders shall enter information relative to 35.32 lien statements, financing statements, state and federal tax 35.33 lien notices, and other uniform commercial code documents filed 35.34 in their offices into a central database maintained by the 35.35 secretary of state. The information must be entered under the 35.36 rules of the secretary of state. This requirement does not 36.1 apply to tax lien notices filed under sections 268.161, 36.2 subdivision 1, paragraph (b), clause (2); 270.69, subdivision 2, 36.3 paragraph (b), clause (2); and 272.488, subdivision 1, but does 36.4 apply to entry of the date and time of receipt and county 36.5 recorder's file number of those notices. 36.6 (c) The secretary of state may allow private parties to 36.7 have electronic-view-only access to the computerized filing 36.8 system and to other computerized records maintained by the 36.9 secretary of state on a fee basis, except that visual access to 36.10 electronic display terminals at the public counters at the 36.11 secretary of state's office will be without charge and available 36.12 during public counter hours. If the computerized filing system 36.13 allows a form of electronic access to information regarding the 36.14 obligations of debtors, the access must be available 24 hours a 36.15 day, every day of the year. 36.16 Notwithstanding section 13.49, private parties who have 36.17 electronic-view-only access to computerized records may view the 36.18 social security number information about a debtor that is of 36.19 record. 36.20 (d) The secretary of state shall adopt rules to implement 36.21 the computerized filing system. The secretary of state may 36.22 adopt permanent and emergency rules. The rules must: 36.23 (1) allow filings to be made at the offices of all county 36.24 recorders and the secretary of state's office as required by 36.25 section 336.9-401; 36.26 (2) establish a central database for all information 36.27 relating to liens and security interests that are filed at the 36.28 offices of county recorders and the secretary of state; 36.29 (3) provide procedures for entering data into a central 36.30 database; 36.31 (4) allow the offices of all county recorders and the 36.32 secretary of state's office to add, modify, and delete 36.33 information in the central database as required by the uniform 36.34 commercial code; 36.35 (5) allow the offices of all county recorders and the 36.36 secretary of state's office to have access to the central 37.1 database for review and search capabilities; 37.2 (6) allow the offices of all county recorders to have 37.3 electronic-view-only access to the computerized business 37.4 information records on file with the secretary of state; 37.5 (7) require the secretary of state to maintain the central 37.6 database; 37.7 (8) provide security and protection of all information in 37.8 the central database and monitor the central database to ensure 37.9 that unauthorized entry is not allowed; 37.10 (9) require standardized information for entry into the 37.11 central database; 37.12 (10) prescribe an identification procedure for debtors and 37.13 secured parties that will enhance lien and financing statement 37.14 searches; and 37.15 (11) prescribe a procedure for phasing-in or converting 37.16 from the existing filing system to a computerized filing system. 37.17 (e) The secretary of state, county recorders, and their 37.18 employees and agents shall not be liable for any loss or damages 37.19 arising from errors in or omissions from information entered 37.20 into the computerized filing system as a result of the 37.21 electronic transmission of tax lien notices under sections 37.22 268.161, subdivision 1, paragraph (b), clause (2); 270.69, 37.23 subdivision 2, paragraph (b), clause (2); 272.483; and 272.488, 37.24 subdivisionsubdivisions 1 and 3. 37.25 Sec. 52. Minnesota Statutes 1994, section 363.061, 37.26 subdivision 2, is amended to read: 37.27 Subd. 2. [ACCESS TO OPEN FILES.] (a) Human rights 37.28 investigative data on an individual, with the exception of the 37.29 name and address of the charging party and respondent, factual 37.30 basis of the allegations, and the statute under which the action 37.31 is brought, contained in an open case file is classified as 37.32 confidential. The name and address of the charging party and 37.33 respondent, factual basis of the allegations, and the statute 37.34 under which the action is brought are classified as private data 37.35 until seven working days after the commissioner has mailed a 37.36 copy of the charge to the respondent, at which time the data 38.1 become public data, unless the commissioner determines that 38.2 release of the data would be detrimental to the investigative 38.3 and enforcement process. 38.4 (b) Human rights investigative data not on an individual 38.5 contained in an open case file is classified as protected 38.6 nonpublic data. 38.7 (c) Notwithstanding this subdivision, the commissioner may 38.8 make human rights investigative data contained in an open case 38.9 file accessible to a person, government agency, or the public if 38.10 access will aid the investigative and enforcement process. 38.11 Sec. 53. Minnesota Statutes 1994, section 383B.225, 38.12 subdivision 6, is amended to read: 38.13 Subd. 6. [INVESTIGATION PROCEDURE.] (a) Upon notification 38.14 of the death of any person, as provided in subdivision 5, the 38.15 county medical examiner or a designee may proceed to the body, 38.16 take charge of it, and order, when necessary, that there be no 38.17 interference with the body or the scene of death. Any person 38.18 violating the order of the examiner is guilty of a misdemeanor. 38.19 The examiner or the examiner's designee shall make inquiry 38.20 regarding the cause and manner of death and prepare written 38.21 findings together with the report of death and its 38.22 circumstances, which shall be filed in the office of the 38.23 examiner. When it appears that death may have resulted from a 38.24 criminal act and that further investigation is advisable, a copy 38.25 of the report shall be transmitted to the county attorney. The 38.26 examiner may take possession of all property of the deceased, 38.27 mark it for identification, and make an inventory. The examiner 38.28 shall take possession of all articles useful in establishing the 38.29 cause of death, mark them for identification and retain them 38.30 securely until they are no longer needed for evidence or 38.31 investigation. The examiner shall release any property or 38.32 articles needed for any criminal investigation to law 38.33 enforcement officers conducting the investigation. When a 38.34 reasonable basis exists for not releasing property or articles 38.35 to law enforcement officers, the examiner shall consult with the 38.36 county attorney. If the county attorney determines that a 39.1 reasonable basis exists for not releasing the property or 39.2 articles, the examiner may retain them. The property or 39.3 articles shall be returned immediately upon completion of the 39.4 investigation. When the property or articles are no longer 39.5 needed for the investigation or as evidence, the examiner shall 39.6 release the property or articles to the person or persons 39.7 entitled to them. Notwithstanding any other law to the 39.8 contrary, when personal property of a decedent has come into the 39.9 possession of the examiner, and is not used for a criminal 39.10 investigation or as evidence, and has not been otherwise 39.11 released as provided in this subdivision, the name of the 39.12 decedent shall be filed with the probate court, together with a 39.13 copy of the inventory of the decedent's property. At that time, 39.14 an examination of the records of the probate court shall be made 39.15 to determine whether a will has been admitted to probate or an 39.16 administration has been commenced. Property of a nominal value, 39.17 including wearing apparel, may be released to the spouse or any 39.18 blood relative of the decedent or to the person accepting 39.19 financial responsibility for burial of the decedent. If 39.20 property has not been released by the examiner and no will has 39.21 been admitted to probate or administration commenced within six 39.22 months after death, the examiner shall sell the property at a 39.23 public auction upon notice and in a manner as the probate court 39.24 may direct; except that the examiner shall cause to be destroyed 39.25 any firearm or other weapon that is not released to or claimed 39.26 by a decedent's spouse or blood relative. If the name of the 39.27 decedent is not known, the examiner shall inventory the property 39.28 of the decedent and after six months may sell the property at a 39.29 public auction. The examiner shall be allowed reasonable 39.30 expenses for the care and sale of the property and shall deposit 39.31 the net proceeds of the sale with the county administrator, or 39.32 the administrator's designee, in the name of the decedent, if 39.33 known. If the decedent is not known, the examiner shall 39.34 establish a means of identifying the property of the decedent 39.35 with the unknown decedent and shall deposit the net proceeds of 39.36 the sale with the county administrator, or a designee, so, that, 40.1 if the unknown decedent's identity is established within six 40.2 years, the proceeds can be properly distributed. In either 40.3 case, duplicate receipts shall be provided to the examiner, one 40.4 of which shall be filed with the court, the other of which shall 40.5 be retained in the office of the examiner. If a representative 40.6 shall qualify within six years from the time of deposit, the 40.7 county administrator, or a designee, shall pay the amount of the 40.8 deposit to the representative upon order of the court. If no 40.9 order is made within six years, the proceeds of the sale shall 40.10 become a part of the general revenue of the county. 40.11 (b) For the purposes of this section, health-related 40.12 records or data on a decedent, except health data defined in 40.13 section 13.38, whose death is being investigated under this 40.14 section, whether the records or data are recorded or unrecorded, 40.15 including but not limited to those concerning medical, surgical, 40.16 psychiatric, psychological, or any other consultation, 40.17 diagnosis, or treatment, including medical imaging, shall be 40.18 made promptly available to the medical examiner, upon the 40.19 medical examiner's written request, by a person having custody 40.20 of, possession of, access to, or knowledge of the records or 40.21 data. In cases involving a stillborn infant or the death of a 40.22 fetus or an infant less than one year of age, the records on the 40.23 decedent's mother shall also be made promptly available to the 40.24 medical examiner. The medical examiner shall pay the reasonable 40.25 costs of copies of records or data provided to the medical 40.26 examiner under this section. Data collected or created pursuant 40.27 to this subdivision relating to any psychiatric, psychological, 40.28 or mental health consultation with, diagnosis of, or treatment 40.29 of the decedent whose death is being investigated shall remain 40.30 confidential or protected nonpublic data, except that the 40.31 medical examiner's report may contain a summary of such data. 40.32 Sec. 54. Minnesota Statutes 1994, section 388.24, 40.33 subdivision 4, is amended to read: 40.34 Subd. 4. [REPORTING OF DATA TO CRIMINAL JUSTICE 40.35 INFORMATION SYSTEM (CJIS).] Effective August 1, 1997, every 40.36 county attorney who establishes a diversion program under this 41.1 section shall report the following information to the bureau of 41.2 criminal apprehension: 41.3 (1) the name and date of birth of each diversion program 41.4 participant and any other identifying information the 41.5 superintendent considers necessary; 41.6 (2) the date on which the individual began to participate 41.7 in the diversion program; 41.8 (3) the date on which the individual is expected to 41.9 complete the diversion program; 41.10 (4) the date on which the individual successfully completed 41.11 the diversion program, where applicable; and 41.12 (5) the date on which the individual was removed from the 41.13 diversion program for failure to successfully complete the 41.14 individual's goals, where applicable. 41.15 The superintendent shall cause the information described in 41.16 this subdivision to be entered into and maintained in the 41.17 criminal history file of the Minnesota criminal justice 41.18 information system. 41.19 Sec. 55. Minnesota Statutes 1994, section 401.065, 41.20 subdivision 3a, is amended to read: 41.21 Subd. 3a. [REPORTING OF DATA TO CRIMINAL JUSTICE 41.22 INFORMATION SYSTEM (CJIS).] (a) Every county attorney who 41.23 establishes a diversion program under this section shall report 41.24 the following information to the bureau of criminal apprehension: 41.25 (1) the name and date of birth of each diversion program 41.26 participant and any other identifying information the 41.27 superintendent considers necessary; 41.28 (2) the date on which the individual began to participate 41.29 in the diversion program; 41.30 (3) the date on which the individual is expected to 41.31 complete the diversion program; 41.32 (4) the date on which the individual successfully completed 41.33 the diversion program, where applicable; and 41.34 (5) the date on which the individual was removed from the 41.35 diversion program for failure to successfully complete the 41.36 individual's goals, where applicable. 42.1 The superintendent shall cause the information described in 42.2 this subdivision to be entered into and maintained in the 42.3 criminal history file of the Minnesota criminal justice 42.4 information system. 42.5 (b) Effective August 1, 1997, the reporting requirements of 42.6 this subdivision shall apply to misdemeanor offenses. 42.7 Sec. 56. Laws 1993, chapter 192, section 110, is amended 42.8 to read: 42.9 Sec. 110. [REPEALER.] 42.10 (a) Minnesota Statutes 1992, section 309.502, is repealed. 42.11 (b) Minnesota Statutes 1992, sections 16A.095, subdivision 42.12 3; 16A.123; 16A.128; 16A.1281; 16A.35; 16A.45, subdivisions 2 42.13 and 3; 16A.80; and 290A.24, are repealed. 42.14 (c) Minnesota Statutes 1992, section 13.072, is repealed42.15 effective August 1, 1995.42.16 Sec. 57. [CRIMINAL AND JUVENILE INFORMATION POLICY GROUP 42.17 REPORT.] 42.18 By January 15, 1996, the criminal and juvenile information 42.19 policy group shall report to the chairs of the senate crime 42.20 prevention committee and house of representatives judiciary 42.21 committee on recommendations for additional offenses to be 42.22 subject to identification reporting requirements of Minnesota 42.23 Statutes, section 299C.10, subdivision 1, and on processes for 42.24 expungement, correction of inaccurate records, destruction of 42.25 records, and other matters relating to the privacy interests of 42.26 individuals as they relate to the development of the juvenile 42.27 criminal history system, the statewide misdemeanor system, and 42.28 the tracking system for domestic abuse orders for protection. 42.29 Sec. 58. [13.385] [HUNTINGTON'S DISEASE DATA.] 42.30 All data created, collected, received, or maintained by the 42.31 commissioner of health on individuals relating to genetic 42.32 counseling services for Huntington's Disease provided by the 42.33 department of health is private data on individuals. The data 42.34 may be permanently transferred from the department to the 42.35 Hennepin county medical center, and once transferred, shall 42.36 continue to be classified as private data on individuals. 43.1 Sec. 59. [PROCESS FOR RESOLVING DATA DISPUTES.] 43.2 The commissioner of administration in consultation with the 43.3 commissioner of human services, county attorneys, legal 43.4 services, local social service agencies, community agencies, and 43.5 interested citizens shall develop a process for resolving 43.6 disputes about the accuracy and completeness of data on 43.7 individuals at the point where the disputed data is held and for 43.8 the lowest possible cost. If the process requires legislation 43.9 to implement, the commissioner of administration shall propose 43.10 such legislation by February 1, 1996. 43.11 Sec. 60. [REPORT.] 43.12 (a) The government information access council shall report 43.13 recommendations regarding state and local government 43.14 intellectual property to the legislature by January 15, 1996. 43.15 (b) To the extent feasible, the government information 43.16 access council shall prepare an inventory of state intellectual 43.17 property and a report on the inventory to the legislature by 43.18 January 15, 1996. 43.19 Sec. 61. [FINANCIAL ASSISTANCE DATA POLICY.] 43.20 The data practices subcommittees of the house of 43.21 representatives and the senate shall study and recommend a 43.22 uniform statutory policy for the treatment of financial 43.23 assistance data. The subcommittees, in cooperation with 43.24 appropriate state agencies, statewide systems, and political 43.25 subdivisions, shall develop legislative recommendations by 43.26 January 15, 1996, based on information regarding: 43.27 (1) the purpose of the various kinds of financial 43.28 assistance available to businesses and individuals, and the 43.29 types of projects supported by the financial assistance; 43.30 (2) current practice regarding the kinds of data collected 43.31 from applicants for and recipients of financial assistance, and 43.32 how the data are collected; 43.33 (3) types of financial information and any other 43.34 information collected in order to make award determinations; 43.35 (4) the proprietary value of data collected from applicants 43.36 and recipients, including whether any data involve trade 44.1 secrets; and 44.2 (5) at what point in the application or award process 44.3 various kinds of data are collected and when, if ever, the 44.4 various kinds of data should not become public. 44.5 Sec. 62. [REPEALER.] 44.6 Minnesota Statutes 1994, sections 13.06, subdivision 6; 44.7 13.38, subdivision 4; 13.69, subdivision 2; 13.71, subdivisions 44.8 9, 10, 11, 12, 13, 14, 15, 16, and 17; 13B.04; and Laws 1990, 44.9 chapter 566, section 9, as amended by Laws 1992, chapter 569, 44.10 section 36, and Laws 1994, chapter 618, article 1, section 47, 44.11 are repealed. 44.12 Sec. 63. [EFFECTIVE DATE.] 44.13 Sections 2, 3, 42, 44, 46, 49, 50, 51, and 56 are effective 44.14 the day following final enactment. Section 36 is effective July 44.15 1, 1998. 44.16 ARTICLE 2 44.17 INFORMATION POLICY TRAINING PROGRAM 44.18 Section 1. [13.073] [PUBLIC INFORMATION POLICY TRAINING 44.19 PROGRAM.] 44.20 Subdivision 1. [ESTABLISHMENT.] The commissioner may 44.21 establish a program for training state and local government 44.22 officials and employees on public information policy, including 44.23 government data practices laws and official records and records 44.24 management statutes. The program may provide for the 44.25 development of broad-based expertise within state and local 44.26 government entities. The program components may include basic 44.27 training, specific training for specialized service sectors, and 44.28 policy analysis and support. 44.29 Subd. 2. [GENERAL PROVISIONS.] The commissioner may 44.30 publicize the development and implementation of the training 44.31 program under this section and seek input from state and local 44.32 government entities. The commissioner may prepare a training 44.33 guide that includes an overview of the training program and its 44.34 components. 44.35 Subd. 3. [BASIC TRAINING.] The basic training component 44.36 should be designed to meet the basic information policy needs of 45.1 all government employees and public officials with a focus on 45.2 key data practices laws and procedures that apply to all 45.3 government entities. The commissioner should design the basic 45.4 training component in a manner that minimizes duplication of the 45.5 effort and cost for government entities to provide basic 45.6 training. The commissioner may develop general programs and 45.7 materials for basic training such as video presentations, data 45.8 practices booklets, and training guides. The commissioner may 45.9 assist state and local government agencies in developing 45.10 training expertise within their own agencies and offer 45.11 assistance for periodic training sessions for this purpose. 45.12 Subd. 4. [SECTOR-SPECIFIC TRAINING.] (a) The 45.13 sector-specific training component should be designed to provide 45.14 for the development of specific expertise needed to deal with 45.15 information policy issues within a particular service area. 45.16 Service areas may include government entities such as state 45.17 agencies, counties, cities, or school districts, or functional 45.18 areas such as education, human services, child protection, or 45.19 law enforcement. This component should focus on training 45.20 individuals who implement or administer data practices and other 45.21 information policy laws within their government entity. 45.22 (b) The commissioner may provide technical assistance and 45.23 support and help coordinate efforts to develop sector-specific 45.24 training within different sectors. Elements of sector-specific 45.25 training should include: 45.26 (1) designation, training, and coordination of data 45.27 practices specialists with responsibility for clarification and 45.28 resolution of sector-specific information policy issues; 45.29 (2) development of telephone hot lines within different 45.30 sectors for handling information policy inquiries; 45.31 (3) development of forums under which individuals with 45.32 ongoing information policy administrative responsibilities may 45.33 meet to discuss issues arising within their sectors; 45.34 (4) availability of expertise for coaching and consultation 45.35 on specific issues; and 45.36 (5) preparation of publications, including reference guides 46.1 to materials and resource persons. 46.2 Subd. 5. [POLICY ANALYSIS AND SUPPORT.] The policy 46.3 analysis and support component should be designed to address 46.4 information policy issues at the policy level and to provide 46.5 ongoing consultation and support regarding major areas of 46.6 concern with a goal of developing a coherent and coordinated 46.7 approach to information policy within the state. The 46.8 commissioner may assist in the development and implementation of 46.9 information policy and provide a clearinghouse for ideas, 46.10 information, and resources. The commissioner may review public 46.11 information policy and identify how that policy can be updated, 46.12 simplified, and made consistent. 46.13 Sec. 2. [REPORT.] 46.14 By January 15, 1996, the commissioner of administration 46.15 shall report to the legislature on progress in implementing the 46.16 training program under section 1. The report must include 46.17 recommendations and cost estimates for accelerated 46.18 implementation of the training plan. 46.19 ARTICLE 3 46.20 TECHNICAL CHANGES DOMESTIC ASSAULT CRIME 46.21 Section 1. Minnesota Statutes 1994, section 148B.68, 46.22 subdivision 1, is amended to read: 46.23 Subdivision 1. [PROHIBITED CONDUCT.] The commissioner may 46.24 impose disciplinary action as described in section 148B.69 46.25 against any unlicensed mental health practitioner. The 46.26 following conduct is prohibited and is grounds for disciplinary 46.27 action: 46.28 (a) Conviction of a crime, including a finding or verdict 46.29 of guilt, an admission of guilt, or a no contest plea, in any 46.30 court in Minnesota or any other jurisdiction in the United 46.31 States, reasonably related to the provision of mental health 46.32 services. Conviction, as used in this subdivision, includes a 46.33 conviction of an offense which, if committed in this state, 46.34 would be deemed a felony or gross misdemeanor without regard to 46.35 its designation elsewhere, or a criminal proceeding where a 46.36 finding or verdict of guilty is made or returned but the 47.1 adjudication of guilt is either withheld or not entered. 47.2 (b) Conviction of crimes against persons. For purposes of 47.3 this chapter, a crime against a person means violations of the 47.4 following: sections 609.185; 609.19; 609.195; 609.20; 609.205; 47.5 609.21; 609.215; 609.221; 609.222; 609.223; 609.224; 609.2241; 47.6 609.23; 609.231; 609.235; 609.24; 609.245; 609.25; 609.255; 47.7 609.26, subdivision 1, clause (1) or (2); 609.265; 609.342; 47.8 609.343; 609.344; 609.345; 609.365; 609.498, subdivision 1; 47.9 609.50, clause (1); 609.561; 609.562; and 609.595. 47.10 (c) Failure to comply with the self-reporting requirements 47.11 of section 148B.63, subdivision 6. 47.12 (d) Engaging in sexual contact with a client or former 47.13 client as defined in section 148A.01, or engaging in contact 47.14 that may be reasonably interpreted by a client as sexual, or 47.15 engaging in any verbal behavior that is seductive or sexually 47.16 demeaning to the patient, or engaging in sexual exploitation of 47.17 a client or former client. 47.18 (e) Advertising that is false, fraudulent, deceptive, or 47.19 misleading. 47.20 (f) Conduct likely to deceive, defraud, or harm the public; 47.21 or demonstrating a willful or careless disregard for the health, 47.22 welfare, or safety of a client; or any other practice that may 47.23 create unnecessary danger to any client's life, health, or 47.24 safety, in any of which cases, proof of actual injury need not 47.25 be established. 47.26 (g) Adjudication as mentally incompetent, or as a person 47.27 who is dangerous to self, or adjudication pursuant to chapter 47.28 253B, as chemically dependent, mentally ill, mentally retarded, 47.29 mentally ill and dangerous to the public, or as a sexual 47.30 psychopathic personality or sexually dangerous person. 47.31 (h) Inability to provide mental health services with 47.32 reasonable safety to clients. 47.33 (i) The habitual overindulgence in the use of or the 47.34 dependence on intoxicating liquors. 47.35 (j) Improper or unauthorized personal or other use of any 47.36 legend drugs as defined in chapter 151, any chemicals as defined 48.1 in chapter 151, or any controlled substance as defined in 48.2 chapter 152. 48.3 (k) Revealing a communication from, or relating to, a 48.4 client except when otherwise required or permitted by law. 48.5 (l) Failure to comply with a client's request made under 48.6 section 144.335, or to furnish a client record or report 48.7 required by law. 48.8 (m) Splitting fees or promising to pay a portion of a fee 48.9 to any other professional other than for services rendered by 48.10 the other professional to the client. 48.11 (n) Engaging in abusive or fraudulent billing practices, 48.12 including violations of the federal Medicare and Medicaid laws 48.13 or state medical assistance laws. 48.14 (o) Failure to make reports as required by section 148B.63, 48.15 or cooperate with an investigation of the office. 48.16 (p) Obtaining money, property, or services from a client, 48.17 other than reasonable fees for services provided to the client, 48.18 through the use of undue influence, harassment, duress, 48.19 deception, or fraud. 48.20 (q) Undertaking or continuing a professional relationship 48.21 with a client in which the objectivity of the professional would 48.22 be impaired. 48.23 (r) Failure to provide the client with a copy of the client 48.24 bill of rights or violation of any provision of the client bill 48.25 of rights. 48.26 (s) Violating any order issued by the commissioner. 48.27 (t) Failure to comply with sections 148B.60 to 148B.71, and 48.28 the rules adopted under those sections. 48.29 (u) Failure to comply with any additional disciplinary 48.30 grounds established by the commissioner by rule. 48.31 Sec. 2. Minnesota Statutes 1994, section 253B.02, 48.32 subdivision 4a, is amended to read: 48.33 Subd. 4a. [CRIME AGAINST THE PERSON.] "Crime against the 48.34 person" means a violation of or attempt to violate any of the 48.35 following provisions: sections 609.185; 609.19; 609.195; 48.36 609.20; 609.205; 609.21; 609.215; 609.221; 609.222; 609.223; 49.1 609.224; 609.2241; 609.23; 609.231; 609.235; 609.24; 609.245; 49.2 609.25; 609.255; 609.265; 609.27, subdivision 1, clause (1) or 49.3 (2); 609.28 if violence or threats of violence were used; 49.4 609.322, subdivision 1, clause (2); 609.342; 609.343; 609.344; 49.5 609.345; 609.365; 609.498, subdivision 1; 609.50, clause (1); 49.6 609.561; 609.562; and 609.595. 49.7 Sec. 3. Minnesota Statutes 1994, section 260.015, 49.8 subdivision 28, is amended to read: 49.9 Subd. 28. [CHILD ABUSE.] "Child abuse" means an act that 49.10 involves a minor victim and that constitutes a violation of 49.11 section 609.221, 609.222, 609.223, 609.224, 609.2241, 609.322, 49.12 609.323, 609.324, 609.342, 609.343, 609.344, 609.345, 609.377, 49.13 609.378, or 617.246. 49.14 Sec. 4. Minnesota Statutes 1994, section 260.161, 49.15 subdivision 1b, is amended to read: 49.16 Subd. 1b. [DISPOSITION ORDER; COPY TO SCHOOL.] (a) If a 49.17 juvenile is enrolled in school, the juvenile's probation officer 49.18 shall transmit a copy of the court's disposition order to the 49.19 principal or chief administrative officer of the juvenile's 49.20 school if the juvenile has been adjudicated delinquent for 49.21 committing an act on the school's property or an act: 49.22 (1) that would be a violation of section 609.185 49.23 (first-degree murder); 609.19 (second-degree murder); 609.195 49.24 (third-degree murder); 609.20 (first-degree manslaughter); 49.25 609.205 (second-degree manslaughter); 609.21 (criminal vehicular 49.26 homicide and injury); 609.221 (first-degree assault); 609.222 49.27 (second-degree assault); 609.223 (third-degree assault); 49.28 609.2231 (fourth-degree assault); 609.224 (fifth-degree 49.29 assault); 609.2241 (domestic assault); 609.24 (simple robbery); 49.30 609.245 (aggravated robbery); 609.25 (kidnapping); 609.255 49.31 (false imprisonment); 609.342 (first-degree criminal sexual 49.32 conduct); 609.343 (second-degree criminal sexual conduct); 49.33 609.344 (third-degree criminal sexual conduct); 609.345 49.34 (fourth-degree criminal sexual conduct); 609.3451 (fifth-degree 49.35 criminal sexual conduct); 609.498 (tampering with a witness); 49.36 609.561 (first-degree arson); 609.582, subdivision 1 or 2 50.1 (burglary); 609.713 (terroristic threats); or 609.749 50.2 (harassment and stalking), if committed by an adult; 50.3 (2) that would be a violation of section 152.021 50.4 (first-degree controlled substance crime); 152.022 50.5 (second-degree controlled substance crime); 152.023 50.6 (third-degree controlled substance crime); 152.024 50.7 (fourth-degree controlled substance crime); 152.025 50.8 (fifth-degree controlled substance crime); 152.0261 (importing a 50.9 controlled substance); or 152.027 (other controlled substance 50.10 offenses), if committed by an adult; or 50.11 (3) that involved the possession or use of a dangerous 50.12 weapon as defined in section 609.02, subdivision 6. 50.13 When a disposition order is transmitted under this 50.14 paragraph, the probation officer shall notify the juvenile's 50.15 parent or legal guardian that the disposition order has been 50.16 shared with the juvenile's school. 50.17 (b) The disposition order must be accompanied by a notice 50.18 to the school that the school may obtain additional information 50.19 from the juvenile's probation officer with the consent of the 50.20 juvenile or the juvenile's parents, as applicable. The 50.21 disposition order must be maintained in the student's permanent 50.22 education record but may not be released outside of the school 50.23 district or educational entity, other than to another school 50.24 district or educational entity to which the juvenile is 50.25 transferring. Notwithstanding section 138.17, the disposition 50.26 order must be destroyed when the juvenile graduates from the 50.27 school or at the end of the academic year when the juvenile 50.28 reaches age 23, whichever date is earlier. 50.29 (c) The juvenile's probation officer shall maintain a 50.30 record of disposition orders released under this subdivision and 50.31 the basis for the release. 50.32 (d) The criminal and juvenile justice information policy 50.33 group, in consultation with representatives of probation 50.34 officers and educators, shall prepare standard forms for use by 50.35 juvenile probation officers in forwarding information to schools 50.36 under this subdivision and in maintaining a record of the 51.1 information that is released. 51.2 (e) As used in this subdivision, "school" means a public or 51.3 private elementary, middle, or secondary school. 51.4 Sec. 5. Minnesota Statutes 1994, section 299C.61, 51.5 subdivision 4, is amended to read: 51.6 Subd. 4. [CHILD ABUSE CRIME.] "Child abuse crime" means: 51.7 (1) an act committed against a minor victim that 51.8 constitutes a violation of section 609.185, clause (5); 609.221; 51.9 609.222; 609.223; 609.224; 609.2241; 609.322; 609.323; 609.324; 51.10 609.342; 609.343; 609.344; 609.345; 609.352; 609.377; or 51.11 609.378; or 51.12 (2) a violation of section 152.021, subdivision 1, clause 51.13 (4); 152.022, subdivision 1, clause (5) or (6); 152.023, 51.14 subdivision 1, clause (3) or (4); 152.023, subdivision 2, clause 51.15 (4) or (6); or 152.024, subdivision 1, clause (2), (3), or (4). 51.16 Sec. 6. Minnesota Statutes 1994, section 518B.01, 51.17 subdivision 14, is amended to read: 51.18 Subd. 14. [VIOLATION OF AN ORDER FOR PROTECTION.] (a) 51.19 Whenever an order for protection is granted pursuant to this 51.20 section, and the respondent or person to be restrained knows of 51.21 the order, violation of the order for protection is a 51.22 misdemeanor. Upon conviction, the defendant must be sentenced 51.23 to a minimum of three days imprisonment and must be ordered to 51.24 participate in counseling or other appropriate programs selected 51.25 by the court. If the court stays imposition or execution of the 51.26 jail sentence and the defendant refuses or fails to comply with 51.27 the court's treatment order, the court must impose and execute 51.28 the stayed jail sentence. A person is guilty of a gross 51.29 misdemeanor who violates this paragraph during the time period 51.30 between a previous conviction under this paragraph; sections 51.31 609.221 to 609.224; 609.2241; 609.713, subdivision 1 or 3; 51.32 609.748, subdivision 6; 609.749; or a similar law of another 51.33 state and the end of the five years following discharge from 51.34 sentence for that conviction. Upon conviction, the defendant 51.35 must be sentenced to a minimum of ten days imprisonment and must 51.36 be ordered to participate in counseling or other appropriate 52.1 programs selected by the court. Notwithstanding section 52.2 609.135, the court must impose and execute the minimum sentence 52.3 provided in this paragraph for gross misdemeanor convictions. 52.4 (b) A peace officer shall arrest without a warrant and take 52.5 into custody a person whom the peace officer has probable cause 52.6 to believe has violated an order granted pursuant to this 52.7 section restraining the person or excluding the person from the 52.8 residence or the petitioner's place of employment, even if the 52.9 violation of the order did not take place in the presence of the 52.10 peace officer, if the existence of the order can be verified by 52.11 the officer. The person shall be held in custody for at least 52.12 36 hours, excluding the day of arrest, Sundays, and holidays, 52.13 unless the person is released earlier by a judge or judicial 52.14 officer. A peace officer acting in good faith and exercising 52.15 due care in making an arrest pursuant to this paragraph is 52.16 immune from civil liability that might result from the officer's 52.17 actions. 52.18 (c) A violation of an order for protection shall also 52.19 constitute contempt of court and be subject to the penalties 52.20 therefor. 52.21 (d) If the court finds that the respondent has violated an 52.22 order for protection and that there is reason to believe that 52.23 the respondent will commit a further violation of the provisions 52.24 of the order restraining the respondent from committing acts of 52.25 domestic abuse or excluding the respondent from the petitioner's 52.26 residence, the court may require the respondent to acknowledge 52.27 an obligation to comply with the order on the record. The court 52.28 may require a bond sufficient to deter the respondent from 52.29 committing further violations of the order for protection, 52.30 considering the financial resources of the respondent, and not 52.31 to exceed $10,000. If the respondent refuses to comply with an 52.32 order to acknowledge the obligation or post a bond under this 52.33 paragraph, the court shall commit the respondent to the county 52.34 jail during the term of the order for protection or until the 52.35 respondent complies with the order under this paragraph. The 52.36 warrant must state the cause of commitment, with the sum and 53.1 time for which any bond is required. If an order is issued 53.2 under this paragraph, the court may order the costs of the 53.3 contempt action, or any part of them, to be paid by the 53.4 respondent. An order under this paragraph is appealable. 53.5 (e) Upon the filing of an affidavit by the petitioner, any 53.6 peace officer, or an interested party designated by the court, 53.7 alleging that the respondent has violated any order for 53.8 protection granted pursuant to this section, the court may issue 53.9 an order to the respondent, requiring the respondent to appear 53.10 and show cause within 14 days why the respondent should not be 53.11 found in contempt of court and punished therefor. The hearing 53.12 may be held by the court in any county in which the petitioner 53.13 or respondent temporarily or permanently resides at the time of 53.14 the alleged violation. The court also shall refer the violation 53.15 of the order for protection to the appropriate prosecuting 53.16 authority for possible prosecution under paragraph (a). 53.17 (f) If it is alleged that the respondent has violated an 53.18 order for protection issued under subdivision 6 and the court 53.19 finds that the order has expired between the time of the alleged 53.20 violation and the court's hearing on the violation, the court 53.21 may grant a new order for protection under subdivision 6 based 53.22 solely on the respondent's alleged violation of the prior order, 53.23 to be effective until the hearing on the alleged violation of 53.24 the prior order. If the court finds that the respondent has 53.25 violated the prior order, the relief granted in the new order 53.26 for protection shall be extended for a fixed period, not to 53.27 exceed one year. 53.28 (g) The admittance into petitioner's dwelling of an abusing 53.29 party excluded from the dwelling under an order for protection 53.30 is not a violation by the petitioner of the order for protection. 53.31 A peace officer is not liable under section 609.43, clause 53.32 (1), for a failure to perform a duty required by paragraph (b). 53.33 Sec. 7. Minnesota Statutes 1994, section 609.101, 53.34 subdivision 2, is amended to read: 53.35 Subd. 2. [MINIMUM FINES.] Notwithstanding any other law: 53.36 (1) when a court sentences a person convicted of violating 54.1 section 609.221, 609.267, or 609.342, it must impose a fine of 54.2 not less than $500 nor more than the maximum fine authorized by 54.3 law; 54.4 (2) when a court sentences a person convicted of violating 54.5 section 609.222, 609.223, 609.2671, 609.343, 609.344, or 54.6 609.345, it must impose a fine of not less than $300 nor more 54.7 than the maximum fine authorized by law; and 54.8 (3) when a court sentences a person convicted of violating 54.9 section 609.2231, 609.224, 609.2241, or 609.2672, it must impose 54.10 a fine of not less than $100 nor more than the maximum fine 54.11 authorized by law. 54.12 The court shall collect the portion of the fine mandated by 54.13 this subdivision and forward 70 percent of it to a local victim 54.14 assistance program that provides services locally in the county 54.15 in which the crime was committed. The court shall forward the 54.16 remaining 30 percent to the commissioner of finance to be 54.17 credited to the general fund. If more than one victim 54.18 assistance program serves the county in which the crime was 54.19 committed, the court may designate on a case-by-case basis which 54.20 program will receive the fine proceeds, giving consideration to 54.21 the nature of the crime committed, the types of victims served 54.22 by the program, and the funding needs of the program. If no 54.23 victim assistance program serves that county, the court shall 54.24 forward 100 percent of the fine proceeds to the commissioner of 54.25 finance to be credited to the general fund. Fine proceeds 54.26 received by a local victim assistance program must be used to 54.27 provide direct services to crime victims. 54.28 The minimum fine required by this subdivision is in 54.29 addition to the surcharge or assessment required by subdivision 54.30 1 and is in addition to any sentence of imprisonment or 54.31 restitution imposed or ordered by the court. 54.32 As used in this subdivision, "victim assistance program" 54.33 means victim witness programs within county attorney offices or 54.34 any of the following programs: crime victim crisis centers, 54.35 victim-witness programs, battered women shelters and nonshelter 54.36 programs, and sexual assault programs. 55.1 Sec. 8. Minnesota Statutes 1994, section 609.131, 55.2 subdivision 2, is amended to read: 55.3 Subd. 2. [CERTAIN VIOLATIONS EXCEPTED.] Subdivision 1 does 55.4 not apply to a misdemeanor violation of section 169.121; 55.5 609.224; 609.2241; 609.226; 609.324, subdivision 3; 609.52; or 55.6 617.23, or an ordinance that conforms in substantial part to any 55.7 of those sections. A violation described in this subdivision 55.8 must be treated as a misdemeanor unless the defendant consents 55.9 to the certification of the violation as a petty misdemeanor. 55.10 Sec. 9. Minnesota Statutes 1994, section 609.135, 55.11 subdivision 2, is amended to read: 55.12 Subd. 2. (a) If the conviction is for a felony the stay 55.13 shall be for not more than four years or the maximum period for 55.14 which the sentence of imprisonment might have been imposed, 55.15 whichever is longer. 55.16 (b) If the conviction is for a gross misdemeanor violation 55.17 of section 169.121 or 169.129, the stay shall be for not more 55.18 than four years. The court shall provide for unsupervised 55.19 probation for the last one year of the stay unless the court 55.20 finds that the defendant needs supervised probation for all or 55.21 part of the last one year. 55.22 (c) If the conviction is for a gross misdemeanor not 55.23 specified in paragraph (b), the stay shall be for not more than 55.24 two years. 55.25 (d) If the conviction is for any misdemeanor under section 55.26 169.121; 609.746, subdivision 1; 609.79; or 617.23; or for a 55.27 misdemeanor under section 609.2241 or 609.224, subdivision 1, in 55.28 which the victim of the crime was a family or household member 55.29 as defined in section 518B.01, the stay shall be for not more 55.30 than two years. The court shall provide for unsupervised 55.31 probation for the second year of the stay unless the court finds 55.32 that the defendant needs supervised probation for all or part of 55.33 the second year. 55.34 (e) If the conviction is for a misdemeanor not specified in 55.35 paragraph (d), the stay shall be for not more than one year. 55.36 (f) The defendant shall be discharged six months after the 56.1 term of the stay expires, unless the stay has been revoked or 56.2 extended under paragraph (g), or the defendant has already been 56.3 discharged. 56.4 (g) Notwithstanding the maximum periods specified for stays 56.5 of sentences under paragraphs (a) to (f), a court may extend a 56.6 defendant's term of probation for up to one year if it finds, at 56.7 a hearing conducted under subdivision 1a, that: 56.8 (1) the defendant has not paid court-ordered restitution or 56.9 a fine in accordance with the payment schedule or structure; and 56.10 (2) the defendant is likely to not pay the restitution or 56.11 fine the defendant owes before the term of probation expires. 56.12 This one-year extension of probation for failure to pay 56.13 restitution or a fine may be extended by the court for up to one 56.14 additional year if the court finds, at another hearing conducted 56.15 under subdivision 1a, that the defendant still has not paid the 56.16 court-ordered restitution or fine that the defendant owes. 56.17 Sec. 10. Minnesota Statutes 1994, section 609.135, 56.18 subdivision 5a, is amended to read: 56.19 Subd. 5a. [DOMESTIC ABUSE VICTIMS; ELECTRONIC MONITORING.] 56.20 (a) Until the commissioner of corrections has adopted standards 56.21 governing electronic monitoring devices used to protect victims 56.22 of domestic abuse, the court, as a condition of a stay of 56.23 imposition or execution of a sentence, may not order an offender 56.24 convicted of a crime described in paragraph (b) to use an 56.25 electronic monitoring device to protect a victim's safety. 56.26 (b) This subdivision applies to the following crimes, if 56.27 committed by the defendant against a family or household member 56.28 as defined in section 518B.01, subdivision 2: 56.29 (1) violations of orders for protection issued under 56.30 chapter 518B; 56.31 (2) assault in the first, second, third, or fifth degree 56.32 under section 609.221, 609.222, 609.223, or 609.224; or domestic 56.33 assault under section 609.2241; 56.34 (3) criminal damage to property under section 609.595; 56.35 (4) disorderly conduct under section 609.72; 56.36 (5) harassing telephone calls under section 609.79; 57.1 (6) burglary under section 609.582; 57.2 (7) trespass under section 609.605; 57.3 (8) criminal sexual conduct in the first, second, third, 57.4 fourth, or fifth degree under section 609.342, 609.343, 609.344, 57.5 609.345, or 609.3451; and 57.6 (9) terroristic threats under section 609.713. 57.7 (c) Notwithstanding paragraph (a), the judges in the tenth 57.8 judicial district may order, as a condition of a stay of 57.9 imposition or execution of a sentence, a defendant convicted of 57.10 a crime described in paragraph (b), to use an electronic 57.11 monitoring device to protect the victim's safety. The judges 57.12 shall make data on the use of electronic monitoring devices to 57.13 protect a victim's safety in the tenth judicial district 57.14 available to the commissioner of corrections to evaluate and to 57.15 aid in development of standards for the use of devices to 57.16 protect victims of domestic abuse. 57.17 Sec. 11. Minnesota Statutes 1994, section 609.1352, 57.18 subdivision 3, is amended to read: 57.19 Subd. 3. [DANGER TO PUBLIC SAFETY.] The court shall base 57.20 its finding that the offender is a danger to public safety on 57.21 either of the following factors: 57.22 (1) the crime involved an aggravating factor that would 57.23 justify a durational departure from the presumptive sentence 57.24 under the sentencing guidelines; or 57.25 (2) the offender previously committed or attempted to 57.26 commit a predatory crime or a violation of section 609.224 or 57.27 609.2241, including an offense committed as a juvenile that 57.28 would have been a predatory crime or a violation of section 57.29 609.224 or 609.2241 if committed by an adult. 57.30 Sec. 12. Minnesota Statutes 1994, section 609.185, is 57.31 amended to read: 57.32 609.185 [MURDER IN THE FIRST DEGREE.] 57.33 Whoever does any of the following is guilty of murder in 57.34 the first degree and shall be sentenced to imprisonment for life: 57.35 (1) causes the death of a human being with premeditation 57.36 and with intent to effect the death of the person or of another; 58.1 (2) causes the death of a human being while committing or 58.2 attempting to commit criminal sexual conduct in the first or 58.3 second degree with force or violence, either upon or affecting 58.4 the person or another; 58.5 (3) causes the death of a human being with intent to effect 58.6 the death of the person or another, while committing or 58.7 attempting to commit burglary, aggravated robbery, kidnapping, 58.8 arson in the first or second degree, tampering with a witness in 58.9 the first degree, escape from custody, or any felony violation 58.10 of chapter 152 involving the unlawful sale of a controlled 58.11 substance; 58.12 (4) causes the death of a peace officer or a guard employed 58.13 at a Minnesota state or local correctional facility, with intent 58.14 to effect the death of that person or another, while the peace 58.15 officer or guard is engaged in the performance of official 58.16 duties; 58.17 (5) causes the death of a minor under circumstances other 58.18 than those described in clause (1) or (2) while committing child 58.19 abuse, when the perpetrator has engaged in a past pattern of 58.20 child abuse upon the child and the death occurs under 58.21 circumstances manifesting an extreme indifference to human life; 58.22 or 58.23 (6) causes the death of a human being under circumstances 58.24 other than those described in clause (1), (2), or (5) while 58.25 committing domestic abuse, when the perpetrator has engaged in a 58.26 past pattern of domestic abuse upon the victim and the death 58.27 occurs under circumstances manifesting an extreme indifference 58.28 to human life. 58.29 For purposes of clause (5), "child abuse" means an act 58.30 committed against a minor victim that constitutes a violation of 58.31 the following laws of this state or any similar laws of the 58.32 United States or any other state: section 609.221; 609.222; 58.33 609.223; 609.224; 609.2241; 609.342; 609.343; 609.344; 609.345; 58.34 609.377; 609.378; or 609.713. 58.35 For purposes of clause (6), "domestic abuse" means an act 58.36 that: 59.1 (1) constitutes a violation of section 609.221, 609.222, 59.2 609.223, 609.224, 609.2241, 609.342, 609.343, 609.344, 609.345, 59.3 609.713, or any similar laws of the United States or any other 59.4 state; and 59.5 (2) is committed against the victim who is a family or 59.6 household member as defined in section 518B.01, subdivision 2, 59.7 paragraph (b). 59.8 Sec. 13. Minnesota Statutes 1994, section 609.224, 59.9 subdivision 2, is amended to read: 59.10 Subd. 2. [GROSS MISDEMEANOR.] (a) Whoever violates the 59.11 provisions of subdivision 1 against the same victim during the 59.12 time period between a previous conviction under this section, 59.13 sections 609.221 to 609.2231, 609.342 to 609.345, or 609.713, or 59.14 any similar law of another state, and the end of the five years 59.15 following discharge from sentence for that conviction, is guilty 59.16 of a gross misdemeanor and may be sentenced to imprisonment for 59.17 not more than one year or to payment of a fine of not more than 59.18 $3,000, or both. Whoever violates the provisions of subdivision59.19 1 against a family or household member as defined in section59.20 518B.01, subdivision 2, during the time period between a59.21 previous conviction under this section or sections 609.221 to59.22 609.2231, 609.342 to 609.345, or 609.713 against a family or59.23 household member, and the end of the five years following59.24 discharge from sentence for that conviction is guilty of a gross59.25 misdemeanor and may be sentenced to imprisonment for not more59.26 than one year or to payment of a fine of not more than $3,000,59.27 or both.59.28 (b) Whoever violates the provisions of subdivision 1 within 59.29 two years of a previous conviction under this section or 59.30 sections 609.221 to 609.2231 or 609.713 is guilty of a gross 59.31 misdemeanor and may be sentenced to imprisonment for not more 59.32 than one year or to payment of a fine of not more than $3,000, 59.33 or both. 59.34 Sec. 14. Minnesota Statutes 1994, section 609.224, 59.35 subdivision 3, is amended to read: 59.36 Subd. 3. [ DOMESTIC ASSAULTS;FIREARMS.] (a) When a person 60.1 is convicted of a violation of this section or section 609.221, 60.2 609.222, or 609.223, the court shall determine and make written 60.3 findings on the record as to whether: 60.4 (1) the assault was committed against a family or household60.5 member, as defined in section 518B.01, subdivision 2;60.6 (2)the defendant owns or possesses a firearm; and 60.7 (3)(2) the firearm was used in any way during the 60.8 commission of the assault. 60.9 (b) If the court determines that the assault was of a60.10 family or household member, and that the offender owns or60.11 possesses a firearm and used it in any way during the commission60.12 of the assault, it shall order that the firearm be summarily60.13 forfeited under section 609.5316, subdivision 3.60.14 (c) When a person is convicted of assaulting a family or60.15 household member and is determined by the court to have used a60.16 firearm in any way during commission of the assault the court60.17 may order that the person is prohibited from possessing any type60.18 of firearm for any period longer than three years or for the60.19 remainder of the person's life. A person who violates this60.20 firearm possession prohibition is guilty of a gross60.21 misdemeanor. At the time of the conviction, the court shall60.22 inform the defendant whether and for how long the defendant is60.23 prohibited from possessing a firearm and that it is a gross60.24 misdemeanor to violate this prohibition. The failure of the60.25 court to provide this information to a defendant does not affect60.26 the applicability of the firearm possession prohibition or the60.27 gross misdemeanor penalty to that defendant.60.28 (d) Except as otherwise provided in paragraph (c), when a60.29 person is convicted of a violation of this section and the court60.30 determines that the victim was a family or household member, the60.31 court shall inform the defendant that the defendant is60.32 prohibited from possessing a pistol for a period of three years60.33 from the date of conviction and that it is a gross misdemeanor60.34 offense to violate this prohibition. The failure of the court60.35 to provide this information to a defendant does not affect the60.36 applicability of the pistol possession prohibition or the gross61.1 misdemeanor penalty to that defendant.61.2 (e)(b) Except as otherwise provided in paragraph (c)61.3 section 609.2241, subdivision 3, paragraph (c), a person is not 61.4 entitled to possess a pistol if :61.5 (1)the person has been convicted after August 1, 1992, of 61.6 assault in the fifth degree if the offense was committed within 61.7 three years of a previous conviction under sections 609.221 to 61.8 609.224 ; or61.9 (2) the person has been convicted after August 1, 1992, of61.10 assault in the fifth degree under section 609.224 and the61.11 assault victim was a family or household member as defined in61.12 section 518B.01, subdivision 2, unless three years have elapsed 61.13 from the date of conviction and, during that time, the person 61.14 has not been convicted of any other violation of section 61.15 609.224. Property rights may not be abated but access may be 61.16 restricted by the courts. A person who possesses a pistol in 61.17 violation of this paragraph is guilty of a gross misdemeanor. 61.18 Sec. 15. [609.2241] [DOMESTIC ASSAULT.] 61.19 Subdivision 1. [MISDEMEANOR.] Whoever does any of the 61.20 following against a family or household member as defined in 61.21 section 518B.01, subdivision 2, commits an assault and is guilty 61.22 of a misdemeanor: 61.23 (1) commits an act with intent to cause fear in another of 61.24 immediate bodily harm or death; or 61.25 (2) intentionally inflicts or attempts to inflict bodily 61.26 harm upon another. 61.27 Subd. 2. [GROSS MISDEMEANOR.] Whoever violates subdivision 61.28 1 during the time period between a previous conviction under 61.29 this section or sections 609.221 to 609.2231, 609.224, 609.342 61.30 to 609.345, or 609.713 against a family or household member as 61.31 defined in section 518B.01, subdivision 2, and the end of the 61.32 five years following discharge from sentence for that conviction 61.33 is guilty of a gross misdemeanor and may be sentenced to 61.34 imprisonment for not more than one year or to payment of a fine 61.35 of not more than $3,000, or both. 61.36 Subd. 3. [DOMESTIC ASSAULTS; FIREARMS.] (a) When a person 62.1 is convicted of a violation of section 609.221, 609.222, 62.2 609.223, 609.224, or 609.2241, the court shall determine and 62.3 make written findings on the record as to whether: 62.4 (1) the assault was committed against a family or household 62.5 member, as defined in section 518B.01, subdivision 2; 62.6 (2) the defendant owns or possesses a firearm; and 62.7 (3) the firearm was used in any way during the commission 62.8 of the assault. 62.9 (b) If the court determines that the assault was of a 62.10 family or household member, and that the offender owns or 62.11 possesses a firearm and used it in any way during the commission 62.12 of the assault, it shall order that the firearm be summarily 62.13 forfeited under section 609.5316, subdivision 3. 62.14 (c) When a person is convicted of assaulting a family or 62.15 household member and is determined by the court to have used a 62.16 firearm in any way during commission of the assault, the court 62.17 may order that the person is prohibited from possessing any type 62.18 of firearm for any period longer than three years or for the 62.19 remainder of the person's life. A person who violates this 62.20 paragraph is guilty of a gross misdemeanor. At the time of the 62.21 conviction, the court shall inform the defendant whether and for 62.22 how long the defendant is prohibited from possessing a firearm 62.23 and that it is a gross misdemeanor to violate this paragraph. 62.24 The failure of the court to provide this information to a 62.25 defendant does not affect the applicability of the firearm 62.26 possession prohibition or the gross misdemeanor penalty to that 62.27 defendant. 62.28 (d) Except as otherwise provided in paragraph (c), when a 62.29 person is convicted of a violation of section 609.224 or 62.30 609.2241 and the court determines that the victim was a family 62.31 or household member, the court shall inform the defendant that 62.32 the defendant is prohibited from possessing a pistol for three 62.33 years from the date of conviction and that it is a gross 62.34 misdemeanor offense to violate this prohibition. The failure of 62.35 the court to provide this information to a defendant does not 62.36 affect the applicability of the pistol possession prohibition or 63.1 the gross misdemeanor penalty to that defendant. 63.2 (e) Except as otherwise provided in paragraph (c), a person 63.3 is not entitled to possess a pistol if the person has been 63.4 convicted after August 1, 1992, of domestic assault under 63.5 609.2241 or assault in the fifth degree under section 609.224 63.6 and the assault victim was a family or household member as 63.7 defined in section 518B.01, subdivision 2, unless three years 63.8 have elapsed from the date of conviction and, during that time, 63.9 the person has not been convicted of any other violation of 63.10 section 609.224 or 609.2241. Property rights may not be abated 63.11 but access may be restricted by the courts. A person who 63.12 possesses a pistol in violation of this paragraph is guilty of a 63.13 gross misdemeanor. 63.14 Subd. 4. [FELONY.] Whoever violates the provisions of 63.15 section 609.224, subdivision 1, or 609.2241, against the same 63.16 victim during the time period between the first of two or more 63.17 previous convictions under this section or sections 609.221 to 63.18 609.2231, 609.224, 609.342 to 609.345, or 609.713, and the end 63.19 of the five years following discharge from sentence for that 63.20 conviction is guilty of a felony and may be sentenced to 63.21 imprisonment for not more than five years or payment of a fine 63.22 of not more than $10,000, or both. 63.23 Sec. 16. Minnesota Statutes 1994, section 609.268, 63.24 subdivision 1, is amended to read: 63.25 Subdivision 1. [DEATH OF AN UNBORN CHILD.] Whoever, in the 63.26 commission of a felony or in a violation of section 609.224, 63.27 609.2241, 609.23, or 609.231, causes the death of an unborn 63.28 child is guilty of a felony and may be sentenced to imprisonment 63.29 for not more than 15 years or to payment of a fine not more than 63.30 $30,000, or both. As used in this subdivision, "felony" does 63.31 not include a violation of sections 609.185 to 609.21, 609.221 63.32 to 609.2231, or 609.2661 to 609.2665. 63.33 Sec. 17. Minnesota Statutes 1994, section 609.748, 63.34 subdivision 6, is amended to read: 63.35 Subd. 6. [VIOLATION OF RESTRAINING ORDER.] (a) When a 63.36 temporary restraining order or a restraining order is granted 64.1 under this section and the respondent knows of the order, 64.2 violation of the order is a misdemeanor. A person is guilty of 64.3 a gross misdemeanor who knowingly violates the order during the 64.4 time period between a previous conviction under this 64.5 subdivision; sections 609.221 to 609.224609.2241; 518B.01, 64.6 subdivision 14; 609.713, subdivisions 1 or 3; or 609.749; and 64.7 the end of the five years following discharge from sentence for 64.8 that conviction. 64.9 (b) A peace officer shall arrest without a warrant and take 64.10 into custody a person whom the peace officer has probable cause 64.11 to believe has violated an order issued under subdivision 4 or 5 64.12 if the existence of the order can be verified by the officer. 64.13 (c) A violation of a temporary restraining order or 64.14 restraining order shall also constitute contempt of court. 64.15 (d) Upon the filing of an affidavit by the petitioner, any 64.16 peace officer, or an interested party designated by the court, 64.17 alleging that the respondent has violated an order issued under 64.18 subdivision 4 or 5, the court may issue an order to the 64.19 respondent requiring the respondent to appear within 14 days and 64.20 show cause why the respondent should not be held in contempt of 64.21 court. The court also shall refer the violation of the order to 64.22 the appropriate prosecuting authority for possible prosecution 64.23 under paragraph (a). 64.24 Sec. 18. Minnesota Statutes 1994, section 609.749, 64.25 subdivision 4, is amended to read: 64.26 Subd. 4. [SECOND OR SUBSEQUENT VIOLATIONS; FELONY.] A 64.27 person is guilty of a felony who violates any provision of 64.28 subdivision 2 during the time period between a previous 64.29 conviction under this section; sections 609.221 to 609.22464.30 609.2241; 518B.01, subdivision 14; 609.748, subdivision 6; or 64.31 609.713, subdivision 1 or 3; and the end of the ten years 64.32 following discharge from sentence for that conviction. 64.33 Sec. 19. Minnesota Statutes 1994, section 609.749, 64.34 subdivision 5, is amended to read: 64.35 Subd. 5. [PATTERN OF HARASSING CONDUCT.] (a) A person who 64.36 engages in a pattern of harassing conduct with respect to a 65.1 single victim or one or more members of a single household in a 65.2 manner that would cause a reasonable person under the 65.3 circumstances to feel terrorized or to fear bodily harm and that 65.4 does cause this reaction on the part of the victim, is guilty of 65.5 a felony and may be sentenced to imprisonment for not more than 65.6 ten years or to payment of a fine of not more than $20,000, or 65.7 both. 65.8 (b) For purposes of this subdivision, a "pattern of 65.9 harassing conduct" means two or more acts within a five-year 65.10 period that violate the provisions of any of the following: 65.11 (1) this section; 65.12 (2) section 609.713; 65.13 (3) section 609.224; 65.14 (4) section 609.2241; 65.15 (5) section 518B.01, subdivision 14; 65.16 (5)(6) section 609.748, subdivision 6; 65.17 (6)(7) section 609.605, subdivision 1, paragraph (b), 65.18 clause (7); 65.19 (7)(8) section 609.79; or 65.20 (8)(9) section 609.795. 65.21 Sec. 20. Minnesota Statutes 1994, section 611A.031, is 65.22 amended to read: 65.23 611A.031 [VICTIM INPUT REGARDING PRETRIAL DIVERSION.] 65.24 A prosecutor shall make every reasonable effort to notify 65.25 and seek input from the victim prior to referring a person into 65.26 a pretrial diversion program in lieu of prosecution for a 65.27 violation of sections 609.185, 609.19, 609.195, 609.20, 609.205, 65.28 609.221, 609.222, 609.223, 609.224, 609.2241, 609.24, 609.245, 65.29 609.25, 609.255, 609.342, 609.343, 609.344, 609.345, 609.365, 65.30 609.498, 609.561, 609.582, subdivision 1, 609.687, 609.713, and 65.31 609.749. 65.32 Sec. 21. Minnesota Statutes 1994, section 624.713, 65.33 subdivision 1, is amended to read: 65.34 Subdivision 1. [INELIGIBLE PERSONS.] The following persons 65.35 shall not be entitled to possess a pistol or semiautomatic 65.36 military-style assault weapon or, except for paragraph (a), any 66.1 other firearm: 66.2 (a) a person under the age of 18 years except that a person 66.3 under 18 may carry or possess a pistol or semiautomatic 66.4 military-style assault weapon (i) in the actual presence or 66.5 under the direct supervision of the person's parent or guardian, 66.6 (ii) for the purpose of military drill under the auspices of a 66.7 legally recognized military organization and under competent 66.8 supervision, (iii) for the purpose of instruction, competition, 66.9 or target practice on a firing range approved by the chief of 66.10 police or county sheriff in whose jurisdiction the range is 66.11 located and under direct supervision; or (iv) if the person has 66.12 successfully completed a course designed to teach marksmanship 66.13 and safety with a pistol or semiautomatic military-style assault 66.14 weapon and approved by the commissioner of natural resources; 66.15 (b) except as otherwise provided in clause (i), a person 66.16 who has been convicted of, or adjudicated delinquent or 66.17 convicted as an extended jurisdiction juvenile for committing, 66.18 in this state or elsewhere, a crime of violence unless ten years 66.19 have elapsed since the person has been restored to civil rights 66.20 or the sentence or disposition has expired, whichever occurs 66.21 first, and during that time the person has not been convicted of 66.22 or adjudicated for any other crime of violence. For purposes of 66.23 this section, crime of violence includes crimes in other states 66.24 or jurisdictions which would have been crimes of violence as 66.25 herein defined if they had been committed in this state; 66.26 (c) a person who is or has ever been confined in Minnesota 66.27 or elsewhere as a "mentally ill," "mentally retarded," or 66.28 "mentally ill and dangerous to the public" person as defined in 66.29 section 253B.02, to a treatment facility, or who has ever been 66.30 found incompetent to stand trial or not guilty by reason of 66.31 mental illness, unless the person possesses a certificate of a 66.32 medical doctor or psychiatrist licensed in Minnesota, or other 66.33 satisfactory proof that the person is no longer suffering from 66.34 this disability; 66.35 (d) a person who has been convicted in Minnesota or 66.36 elsewhere of a misdemeanor or gross misdemeanor violation of 67.1 chapter 152, or a person who is or has ever been hospitalized or 67.2 committed for treatment for the habitual use of a controlled 67.3 substance or marijuana, as defined in sections 152.01 and 67.4 152.02, unless the person possesses a certificate of a medical 67.5 doctor or psychiatrist licensed in Minnesota, or other 67.6 satisfactory proof, that the person has not abused a controlled 67.7 substance or marijuana during the previous two years; 67.8 (e) a person who has been confined or committed to a 67.9 treatment facility in Minnesota or elsewhere as "chemically 67.10 dependent" as defined in section 253B.02, unless the person has 67.11 completed treatment. Property rights may not be abated but 67.12 access may be restricted by the courts; 67.13 (f) a peace officer who is informally admitted to a 67.14 treatment facility pursuant to section 253B.04 for chemical 67.15 dependency, unless the officer possesses a certificate from the 67.16 head of the treatment facility discharging or provisionally 67.17 discharging the officer from the treatment facility. Property 67.18 rights may not be abated but access may be restricted by the 67.19 courts; 67.20 (g) a person, including a person under the jurisdiction of 67.21 the juvenile court, who has been charged with committing a crime 67.22 of violence and has been placed in a pretrial diversion program 67.23 by the court before disposition, until the person has completed 67.24 the diversion program and the charge of committing the crime of 67.25 violence has been dismissed; 67.26 (h) except as otherwise provided in clause (i), a person 67.27 who has been convicted in another state of committing an offense 67.28 similar to the offense described in section 609.224, subdivision 67.29 3, against a family or household member or section 609.2241, 67.30 subdivision 3, unless three years have elapsed since the date of 67.31 conviction and, during that time, the person has not been 67.32 convicted of any other violation of section 609.224, subdivision 67.33 3, or 609.2241, subdivision 3, or a similar law of another 67.34 state; 67.35 (i) a person who has been convicted in this state or 67.36 elsewhere of assaulting a family or household member and who was 68.1 found by the court to have used a firearm in any way during 68.2 commission of the assault is prohibited from possessing any type 68.3 of firearm for the period determined by the sentencing court; or 68.4 (j) a person who: 68.5 (1) has been convicted in any court of a crime punishable 68.6 by imprisonment for a term exceeding one year; 68.7 (2) is a fugitive from justice as a result of having fled 68.8 from any state to avoid prosecution for a crime or to avoid 68.9 giving testimony in any criminal proceeding; 68.10 (3) is an unlawful user of any controlled substance as 68.11 defined in chapter 152; 68.12 (4) has been judicially committed to a treatment facility 68.13 in Minnesota or elsewhere as a "mentally ill," "mentally 68.14 retarded," or "mentally ill and dangerous to the public" person 68.15 as defined in section 253B.02; 68.16 (5) is an alien who is illegally or unlawfully in the 68.17 United States; 68.18 (6) has been discharged from the armed forces of the United 68.19 States under dishonorable conditions; or 68.20 (7) has renounced the person's citizenship having been a 68.21 citizen of the United States. 68.22 A person who issues a certificate pursuant to this 68.23 subdivision in good faith is not liable for damages resulting or 68.24 arising from the actions or misconduct with a firearm committed 68.25 by the individual who is the subject of the certificate. 68.26 The prohibition in this subdivision relating to the 68.27 possession of firearms other than pistols and semiautomatic 68.28 military-style assault weapons does not apply retroactively to 68.29 persons who are prohibited from possessing a pistol or 68.30 semiautomatic military-style assault weapon under this 68.31 subdivision before August 1, 1994. 68.32 Sec. 22. Minnesota Statutes 1994, section 626.563, 68.33 subdivision 1, is amended to read: 68.34 Subdivision 1. [DEFINITIONS.] The definitions in this 68.35 subdivision apply to this section. 68.36 (a) "Child abuse" means any act which involves a minor 69.1 victim and which constitutes a violation of section 609.221, 69.2 609.222, 609.223, 609.224, 609.2241, 609.255, 609.342, 609.343, 69.3 609.344, 609.345, 609.377, or 609.378. 69.4 (b) "Significant relationship" means a relationship as 69.5 defined by section 609.341, subdivision 15. 69.6 (c) "Child" means a person under the age of 18 who is the 69.7 alleged victim of child abuse perpetrated by an adult who has a 69.8 significant relationship with the child victim. 69.9 Sec. 23. Minnesota Statutes 1994, section 629.471, 69.10 subdivision 3, is amended to read: 69.11 Subd. 3. [SIX TIMES THE FINE.] For offenses under sections 69.12 518B.01 and, 609.224, and 609.2241, the maximum cash bail that 69.13 may be required for a person charged with a misdemeanor or gross 69.14 misdemeanor violation is six times the highest cash fine that 69.15 may be imposed for the offense. 69.16 Sec. 24. Minnesota Statutes 1994, section 629.74, is 69.17 amended to read: 69.18 629.74 [PRETRIAL BAIL EVALUATION.] 69.19 The local corrections department or its designee shall 69.20 conduct a pretrial bail evaluation of each defendant arrested 69.21 and detained for committing a crime of violence as defined in 69.22 section 624.712, subdivision 5, a gross misdemeanor violation of 69.23 section 609.224 or 609.2241, or a nonfelony violation of section 69.24 518B.01, 609.2231, 609.3451, 609.748, or 609.749. In cases 69.25 where the defendant requests appointed counsel, the evaluation 69.26 shall include completion of the financial statement required by 69.27 section 611.17. The local corrections department shall be 69.28 reimbursed $25 by the department of corrections for each 69.29 evaluation performed. The conference of chief judges, in 69.30 consultation with the department of corrections, shall approve 69.31 the pretrial evaluation form to be used in each county. 69.32 Sec. 25. Minnesota Statutes 1994, section 630.36, 69.33 subdivision 2, is amended to read: 69.34 Subd. 2. [CHILD ABUSE DEFINED.] As used in subdivision 1, 69.35 "child abuse" means any act which involves a minor victim and 69.36 which constitutes a violation of section 609.221, 609.222, 70.1 609.223, 609.2231, 609.2241, 609.255, 609.321, 609.322, 609.323, 70.2 609.324, 609.342, 609.343, 609.344, 609.345, 609.377, 609.378, 70.3 617.246, or 609.224 if the minor victim is a family or household 70.4 member of the defendant. 70.5 Sec. 26. Minnesota Statutes 1994, section 631.046, 70.6 subdivision 1, is amended to read: 70.7 Subdivision 1. [CHILD ABUSE AND VIOLENT CRIME CASES.] 70.8 Notwithstanding any other law, a prosecuting witness under 18 70.9 years of age in a case involving child abuse as defined in 70.10 section 630.36, subdivision 2, a crime of violence, as defined 70.11 in section 624.712, subdivision 5, or an assault under section 70.12 609.224 or 609.2241, may choose to have in attendance or be 70.13 accompanied by a parent, guardian, or other supportive person, 70.14 whether or not a witness, at the omnibus hearing or at the 70.15 trial, during testimony of the prosecuting witness. If the 70.16 person so chosen is also a prosecuting witness, the prosecution 70.17 shall present on noticed motion, evidence that the person's 70.18 attendance is both desired by the prosecuting witness for 70.19 support and will be helpful to the prosecuting witness. Upon 70.20 that showing the court shall grant the request unless 70.21 information presented by the defendant or noticed by the court 70.22 establishes that the support person's attendance during the 70.23 testimony of the prosecuting witness would pose a substantial 70.24 risk of influencing or affecting the content of that testimony. 70.25 Sec. 27. [EFFECTIVE DATE.] 70.26 Sections 1 to 26, are effective August 1, 1995, and apply 70.27 to prosecutions commenced on or after that date. 70.28 ARTICLE 4 70.29 CHILD ABUSE VICTIM VIDEOTAPES 70.30 Section 1. Minnesota Statutes 1994, section 13.03, 70.31 subdivision 6, is amended to read: 70.32 Subd. 6. [DISCOVERABILITY OF NOT PUBLIC DATA.] If a state 70.33 agency, political subdivision, or statewide system opposes 70.34 discovery of government data or release of data pursuant to 70.35 court order on the grounds that the data are classified as not 70.36 public, the party that seeks access to the data may bring before 71.1 the appropriate presiding judicial officer, arbitrator, or 71.2 administrative law judge an action to compel discovery or an 71.3 action in the nature of an action to compel discovery. 71.4 The presiding officer shall first decide whether the data 71.5 are discoverable or releasable pursuant to the rules of evidence 71.6 and of criminal, civil, or administrative procedure appropriate 71.7 to the action. 71.8 If the data are discoverable the presiding officer shall 71.9 decide whether the benefit to the party seeking access to the 71.10 data outweighs any harm to the confidentiality interests of the 71.11 agency maintaining the data, or of any person who has provided 71.12 the data or who is the subject of the data, or to the privacy 71.13 interest of an individual identified in the data. In making the 71.14 decision, the presiding officer shall consider whether notice to 71.15 the subject of the data is warranted and, if warranted, what 71.16 type of notice must be given. The presiding officer may fashion 71.17 and issue any protective orders necessary to assure proper 71.18 handling of the data by the parties. If the data are a 71.19 videotape of a child victim or alleged victim alleging, 71.20 explaining, denying, or describing an act of physical or sexual 71.21 abuse, the presiding officer shall consider the provisions of 71.22 section 611A.90, subdivision 2, paragraph (b). 71.23 Sec. 2. [13.391] [VIDEOTAPES OF CHILD ABUSE VICTIMS.] 71.24 (a) Notwithstanding section 13.04, subdivision 3, an 71.25 individual subject of data may not obtain a copy of a videotape 71.26 in which a child victim or alleged victim is alleging, 71.27 explaining, denying, or describing an act of physical or sexual 71.28 abuse without a court order under section 13.03, subdivision 6, 71.29 or 611A.90. The definitions of physical abuse and sexual abuse 71.30 in section 626.556, subdivision 2, apply to this section, except 71.31 that abuse is not limited to acts by a person responsible for 71.32 the child's care or in a significant relationship with the child 71.33 or position of authority. 71.34 (b) This section does not limit other rights of access to 71.35 data by an individual under section 13.04, subdivision 3, other 71.36 than the right to obtain a copy of the videotape, nor limit 72.1 rights of access pursuant to discovery in a court proceeding. 72.2 Sec. 3. Minnesota Statutes 1994, section 13.82, 72.3 subdivision 6, is amended to read: 72.4 Subd. 6. [ACCESS TO DATA FOR CRIME VICTIMS.] On receipt of 72.5 a written request, the prosecuting authority shall release 72.6 investigative data collected by a law enforcement agency to the 72.7 victim of a criminal act or alleged criminal act or to the 72.8 victim's legal representative unless the release to the 72.9 individual subject of the data would be prohibited under section 72.10 13.391 or the prosecuting authority reasonably believes: 72.11 (a) that the release of that data will interfere with the 72.12 investigation; or 72.13 (b) that the request is prompted by a desire on the part of 72.14 the requester to engage in unlawful activities. 72.15 Sec. 4. Minnesota Statutes 1994, section 13.99, is amended 72.16 by adding a subdivision to read: 72.17 Subd. 110. [CHILD ABUSE VIDEO TAPES.] Access to child 72.18 abuse video tapes prepared as part of an investigation or 72.19 evaluation is governed by sections 13.391 and 611A.90. 72.20 Sec. 5. Minnesota Statutes 1994, section 144.335, 72.21 subdivision 2, is amended to read: 72.22 Subd. 2. [PATIENT ACCESS.] (a) Upon request, a provider 72.23 shall supply to a patient complete and current information 72.24 possessed by that provider concerning any diagnosis, treatment 72.25 and prognosis of the patient in terms and language the patient 72.26 can reasonably be expected to understand. 72.27 (b) Except as provided in paragraph (e), upon a patient's 72.28 written request, a provider, at a reasonable cost to the 72.29 patient, shall promptly furnish to the patient (1) copies of the 72.30 patient's health record, including but not limited to laboratory 72.31 reports, X-rays, prescriptions, and other technical information 72.32 used in assessing the patient's health condition, or (2) the 72.33 pertinent portion of the record relating to a condition 72.34 specified by the patient. With the consent of the patient, the 72.35 provider may instead furnish only a summary of the record. The 72.36 provider may exclude from the health record written speculations 73.1 about the patient's health condition, except that all 73.2 information necessary for the patient's informed consent must be 73.3 provided. 73.4 (c) If a provider, as defined in subdivision 1, clause 73.5 (b)(1), reasonably determines that the information is 73.6 detrimental to the physical or mental health of the patient, or 73.7 is likely to cause the patient to inflict self harm, or to harm 73.8 another, the provider may withhold the information from the 73.9 patient and may supply the information to an appropriate third 73.10 party or to another provider, as defined in subdivision 1, 73.11 clause (b)(1). The other provider or third party may release 73.12 the information to the patient. 73.13 (d) A provider as defined in subdivision 1, clause (b)(3), 73.14 shall release information upon written request unless, prior to 73.15 the request, a provider as defined in subdivision 1, clause 73.16 (b)(1), has designated and described a specific basis for 73.17 withholding the information as authorized by paragraph (c). 73.18 (e) A provider may not release a copy of a videotape of a 73.19 child victim or alleged victim of physical or sexual abuse 73.20 without a court order under section 13.03, subdivision 6, or as 73.21 provided in section 611A.90. This paragraph does not limit the 73.22 right of a patient to view the videotape. 73.23 Sec. 6. [611A.90] [RELEASE OF VIDEOTAPES OF CHILD ABUSE 73.24 VICTIMS.] 73.25 Subdivision 1. [DEFINITION.] For purposes of this section, 73.26 "physical abuse" and "sexual abuse" have the meanings given in 73.27 section 626.556, subdivision 2, except that abuse is not limited 73.28 to acts by a person responsible for the child's care or in a 73.29 significant relationship with the child or position of authority. 73.30 Subd. 2. [COURT ORDER REQUIRED.] (a) A custodian of a 73.31 videotape of a child victim or alleged victim alleging, 73.32 explaining, denying, or describing an act of physical or sexual 73.33 abuse as part of an investigation or evaluation of the abuse may 73.34 not release a copy of the videotape without a court order, 73.35 notwithstanding that the subject has consented to the release of 73.36 the videotape or that the release is authorized under law. 74.1 (b) The court order may govern the purposes for which the 74.2 videotape may be used, reproduction, release to other persons, 74.3 retention and return of copies, and other requirements 74.4 reasonably necessary for protection of the privacy and best 74.5 interests of the child. 74.6 Subd. 3. [PETITION.] An individual subject of data, as 74.7 defined in section 13.02, or a patient, as defined in section 74.8 144.335, who is seeking a copy of a videotape governed by this 74.9 section may petition the district court in the county where the 74.10 alleged abuse took place or where the custodian of the videotape 74.11 resides for an order releasing a copy of the videotape under 74.12 subdivision 2. Nothing in this section establishes a right to 74.13 obtain access to a videotape by any other person nor limits a 74.14 right of a person to obtain access if access is otherwise 74.15 authorized by law or pursuant to discovery in a court proceeding. 74.16 ARTICLE 5 74.17 INDEX OF CLASSIFICATIONS OUTSIDE OF CHAPTER 13 74.18 Section 1. Minnesota Statutes 1994, section 13.99, 74.19 subdivision 1, is amended to read: 74.20 Subdivision 1. [PROVISIONS CODED IN OTHER CHAPTERS.] The 74.21 laws enumerated in this section are codified outside of this 74.22 chapter and classify government data as other than public or 74.23 place restrictions on access to government data. Except for 74.24 records of the judiciary, the definitions and general provisions 74.25 in sections 13.01 to 13.07 and the remedies and penalties 74.26 provided in sections 13.08 and 13.09 also apply to data and 74.27 records listed in this section and to other provisions of 74.28 statute that provide access to government data and records or 74.29 rights regarding government data similar to those established by 74.30 section 13.04. 74.31 Sec. 2. Minnesota Statutes 1994, section 13.99, is amended 74.32 by adding a subdivision to read: 74.33 Subd. 5a. [ETHICAL PRACTICES BOARD OPINIONS.] A request 74.34 for an ethical practices board advisory opinion and the opinion 74.35 itself are classified under section 10A.02, subdivision 12. 74.36 Sec. 3. Minnesota Statutes 1994, section 13.99, is amended 75.1 by adding a subdivision to read: 75.2 Subd. 6d. [AGRICULTURAL COMMODITY HANDLERS.] Access to 75.3 data filed with the commissioner of agriculture by agricultural 75.4 commodity handlers is governed by section 17.694, subdivision 1. 75.5 Sec. 4. Minnesota Statutes 1994, section 13.99, is amended 75.6 by adding a subdivision to read: 75.7 Subd. 11a. [CERTAIN DATA RECEIVED BY COMMISSIONER OF 75.8 COMMERCE.] Certain data received because of the participation of 75.9 the commissioner of commerce in various organizations are 75.10 classified under section 45.012. 75.11 Sec. 5. Minnesota Statutes 1994, section 13.99, is amended 75.12 by adding a subdivision to read: 75.13 Subd. 11b. [BANK INCORPORATORS DATA.] Financial data on 75.14 individuals submitted by incorporators proposing to organize a 75.15 bank are classified under section 46.041, subdivision 1. 75.16 Sec. 6. Minnesota Statutes 1994, section 13.99, 75.17 subdivision 12, is amended to read: 75.18 Subd. 12. [COMMERCE DEPARTMENT DATA ON FINANCIAL 75.19 INSTITUTIONS.] The disclosure by the commissioner of commerce of 75.20 facts and information obtained in the course of examining 75.21 financial institutions and in relation to complaints filed with 75.22 the commissioner is governed by section 46.07, subdivision75.23 subdivisions 2 and 3. 75.24 Sec. 7. Minnesota Statutes 1994, section 13.99, is amended 75.25 by adding a subdivision to read: 75.26 Subd. 12a. [ELECTRONIC FINANCIAL TERMINAL DATA.] 75.27 Information obtained by the commissioner of commerce in the 75.28 course of verifying electronic financial terminal equipment is 75.29 classified under section 47.66. 75.30 Sec. 8. Minnesota Statutes 1994, section 13.99, is amended 75.31 by adding a subdivision to read: 75.32 Subd. 14a. [SURPLUS LINES INSURER DATA.] Reports and 75.33 recommendations on the financial condition of eligible surplus 75.34 lines insurers submitted to the commissioner of commerce are 75.35 classified under section 60A.208, subdivision 7. 75.36 Sec. 9. Minnesota Statutes 1994, section 13.99, is amended 76.1 by adding a subdivision to read: 76.2 Subd. 17b. [INSURER FINANCIAL CONDITION DATA.] 76.3 Recommendations on the financial condition of an insurer 76.4 submitted to the commissioner of commerce by the insurance 76.5 guaranty association are classified under section 60C.15. 76.6 Sec. 10. Minnesota Statutes 1994, section 13.99, is 76.7 amended by adding a subdivision to read: 76.8 Subd. 18a. [INSURER SUPERVISION DATA.] Data on insurers 76.9 supervised by the commissioner of commerce under chapter 60G are 76.10 classified under section 60G.03, subdivision 1. 76.11 Sec. 11. Minnesota Statutes 1994, section 13.99, is 76.12 amended by adding a subdivision to read: 76.13 Subd. 18b. [INSURANCE AGENT TERMINATION.] Access to data 76.14 on insurance agent terminations held by the commissioner of 76.15 commerce is governed by section 60K.10. 76.16 Sec. 12. Minnesota Statutes 1994, section 13.99, is 76.17 amended by adding a subdivision to read: 76.18 Subd. 18c. [ASSOCIATION DATA.] Certain data submitted to 76.19 the commissioner of commerce by a life and health guaranty 76.20 association are classified under section 61B.28, subdivision 2. 76.21 Sec. 13. Minnesota Statutes 1994, section 13.99, is 76.22 amended by adding a subdivision to read: 76.23 Subd. 18d. [SOLICITOR OR AGENT DATA.] Data relating to 76.24 suspension or revocation of a solicitor's or agent's license are 76.25 classified under section 62C.17, subdivision 4. 76.26 Sec. 14. Minnesota Statutes 1994, section 13.99, is 76.27 amended by adding a subdivision to read: 76.28 Subd. 19f. [LEGAL SERVICE PLAN SOLICITOR OR AGENT 76.29 DATA.] Information contained in a request by a legal service 76.30 plan for termination of a solicitor's or agent's license is 76.31 classified under section 62G.20, subdivision 3. 76.32 Sec. 15. Minnesota Statutes 1994, section 13.99, is 76.33 amended by adding a subdivision to read: 76.34 Subd. 19g. [ANTITRUST EXEMPTION.] Trade secret data 76.35 submitted in an application for exemption from antitrust laws by 76.36 health care entities are classified under section 62J.2914, 77.1 subdivision 5. 77.2 Sec. 16. Minnesota Statutes 1994, section 13.99, is 77.3 amended by adding a subdivision to read: 77.4 Subd. 19h. [HEALTH CARE COST CONTAINMENT.] Data required 77.5 to be submitted under health care cost containment provisions 77.6 are classified by sections 62J.35, subdivision 3, and 62J.45, 77.7 subdivision 4a. 77.8 Sec. 17. Minnesota Statutes 1994, section 13.99, 77.9 subdivision 20, is amended to read: 77.10 Subd. 20. [AUTO THEFT DATA.] The sharing of data on auto 77.11 thefts between law enforcement and prosecutors and insurers is 77.12 governed by section 65B.8165B.82. 77.13 Sec. 18. Minnesota Statutes 1994, section 13.99, is 77.14 amended by adding a subdivision to read: 77.15 Subd. 20a. [INSURANCE CONTRACT DATA.] Certain insurance 77.16 contract data held by the commissioner of commerce are 77.17 classified under section 72A.20, subdivision 15. 77.18 Sec. 19. Minnesota Statutes 1994, section 13.99, is 77.19 amended by adding a subdivision to read: 77.20 Subd. 20b. [HEALTH CLAIMS APPEALS.] Documents that are 77.21 part of an appeal from denial of health care coverage for 77.22 experimental treatment are classified under section 72A.327. 77.23 Sec. 20. Minnesota Statutes 1994, section 13.99, 77.24 subdivision 21a, is amended to read: 77.25 Subd. 21a. [MINERAL DEPOSIT EVALUATIONDATA.] Data 77.26 submitted in applying for a permit for mineral deposit 77.27 evaluation and as a result of exploration are classified under 77.28 section 103I.605, subdivisionsubdivisions 2 and 4. 77.29 Sec. 21. Minnesota Statutes 1994, section 13.99, is 77.30 amended by adding a subdivision to read: 77.31 Subd. 21d. [WASTE MANAGEMENT HAULER DATA.] Data on waste 77.32 management haulers inspected under section 115A.47 are 77.33 classified under section 115A.47, subdivision 5. 77.34 Sec. 22. Minnesota Statutes 1994, section 13.99, is 77.35 amended by adding a subdivision to read: 77.36 Subd. 24a. [VOLUNTARY BUY-OUT DATA.] Data obtained by the 78.1 commissioner of commerce from insurers under the voluntary 78.2 buy-out law are classified under section 115B.46, subdivision 6. 78.3 Sec. 23. Minnesota Statutes 1994, section 13.99, is 78.4 amended by adding a subdivision to read: 78.5 Subd. 24b. [PETROLEUM TANK RELEASE.] Certain data in 78.6 connection with a petroleum tank release are classified under 78.7 section 115C.03, subdivision 8. 78.8 Sec. 24. Minnesota Statutes 1994, section 13.99, is 78.9 amended by adding a subdivision to read: 78.10 Subd. 24c. [TOXIC POLLUTION PREVENTION PLANS.] Toxic 78.11 pollution prevention plans are classified under section 115D.09. 78.12 Sec. 25. Minnesota Statutes 1994, section 13.99, is 78.13 amended by adding a subdivision to read: 78.14 Subd. 27e. [DEVELOPMENTAL SCREENING.] Data collected in 78.15 early childhood developmental screening programs are classified 78.16 under section 123.704. 78.17 Sec. 26. Minnesota Statutes 1994, section 13.99, is 78.18 amended by adding a subdivision to read: 78.19 Subd. 27f. [TEACHER LICENSE REPORTING.] Data on certain 78.20 teacher discharges and resignations reported under section 78.21 125.09 are classified under that section. 78.22 Sec. 27. Minnesota Statutes 1994, section 13.99, is 78.23 amended by adding a subdivision to read: 78.24 Subd. 28a. [HIGHER EDUCATION COORDINATING BOARD.] 78.25 Financial records submitted by schools registering with the 78.26 higher education coordinating board are classified under section 78.27 136A.64. 78.28 Sec. 28. Minnesota Statutes 1994, section 13.99, is 78.29 amended by adding a subdivision to read: 78.30 Subd. 29b. [PUBLIC HEALTH STUDIES.] Data held by the 78.31 commissioner of health in connection with public health studies 78.32 are classified under section 144.053. 78.33 Sec. 29. Minnesota Statutes 1994, section 13.99, is 78.34 amended by adding a subdivision to read: 78.35 Subd. 29c. [RURAL HOSPITAL GRANTS.] Financial data on 78.36 individual hospitals under the rural hospital grant program are 79.1 classified under section 144.147, subdivision 5. 79.2 Sec. 30. Minnesota Statutes 1994, section 13.99, is 79.3 amended by adding a subdivision to read: 79.4 Subd. 35c. [TRAUMATIC INJURY DATA.] Data on individuals 79.5 with a brain or spinal injury collected by the commissioner of 79.6 health are classified under section 144.665. 79.7 Sec. 31. Minnesota Statutes 1994, section 13.99, is 79.8 amended by adding a subdivision to read: 79.9 Subd. 38b. [LEAD EXPOSURE DATA.] Data on individuals 79.10 exposed to lead in their residences are classified under section 79.11 144.874, subdivision 1. 79.12 Sec. 32. Minnesota Statutes 1994, section 13.99, 79.13 subdivision 42a, is amended to read: 79.14 Subd. 42a. [ PHYSICIAN HEALTH DATABOARD OF MEDICAL 79.15 PRACTICE.] Physician health data obtained by the licensing board79.16 in connection with a disciplinary action are classified under79.17 section 147.091, subdivision 6Data held by the board of medical 79.18 practice in connection with disciplinary matters are classified 79.19 under sections 147.01, subdivision 4, and 147.091, subdivision 6. 79.20 Sec. 33. Minnesota Statutes 1994, section 13.99, is 79.21 amended by adding a subdivision to read: 79.22 Subd. 52b. [UNLICENSED MENTAL HEALTH PRACTITIONERS.] 79.23 Certain data in connection with the investigation of an 79.24 unlicensed mental health practitioner are classified under 79.25 section 148B.66, subdivision 2. 79.26 Sec. 34. Minnesota Statutes 1994, section 13.99, 79.27 subdivision 54, is amended to read: 79.28 Subd. 54. [MOTOR VEHICLE REGISTRATION.] The residence79.29 address of certain individuals provided to the commissioner of79.30 public safety forVarious data on motor vehicle registrations is79.31 are classified under sectionsections 168.345 and 168.346. 79.32 Sec. 35. Minnesota Statutes 1994, section 13.99, is 79.33 amended by adding a subdivision to read: 79.34 Subd. 54b. [DRIVERS' LICENSE CANCELLATIONS.] Access to 79.35 data on individuals whose driver's licenses have been canceled 79.36 is governed by section 171.043. 80.1 Sec. 36. Minnesota Statutes 1994, section 13.99, 80.2 subdivision 55, is amended to read: 80.3 Subd. 55. [DRIVERS' LICENSE PHOTOGRAPHS AND IMAGES.] 80.4 Photographs or electronically produced images taken by the 80.5 commissioner of public safety for drivers' licenses are 80.6 classified under section 171.07, subdivision 1a. 80.7 Sec. 37. Minnesota Statutes 1994, section 13.99, is 80.8 amended by adding a subdivision to read: 80.9 Subd. 56a. [DRIVERS' LICENSE CANCELLATION DUE TO 80.10 BLINDNESS.] Data on a visual examination performed for purposes 80.11 of drivers' license cancellation are classified under section 80.12 171.32, subdivision 3. 80.13 Sec. 38. Minnesota Statutes 1994, section 13.99, is 80.14 amended by adding a subdivision to read: 80.15 Subd. 58b. [WORKERS' COMPENSATION COVERAGE.] Access to the 80.16 identity of anyone reporting that an employer may not have 80.17 workers' compensation insurance is governed by section 176.184, 80.18 subdivision 5. 80.19 Sec. 39. Minnesota Statutes 1994, section 13.99, 80.20 subdivision 64, is amended to read: 80.21 Subd. 64. [HEALTH LICENSING BOARDS.] Data receivedheld by 80.22 health licensing boards from the commissioner of human services80.23 are classified under sectionsections 214.10, subdivision 8, and 80.24 214.25, subdivision 1. 80.25 Sec. 40. Minnesota Statutes 1994, section 13.99, is 80.26 amended by adding a subdivision to read: 80.27 Subd. 64a. [COMBINED BOARDS DATA.] Data held by licensing 80.28 boards participating in a health professional services program 80.29 are classified under sections 214.34 and 214.35. 80.30 Sec. 41. Minnesota Statutes 1994, section 13.99, is 80.31 amended by adding a subdivision to read: 80.32 Subd. 74c. [OMBUDSMAN ON AGING.] Data held by the 80.33 ombudsman on aging are classified under section 256.9744. 80.34 Sec. 42. Minnesota Statutes 1994, section 13.99, 80.35 subdivision 78, is amended to read: 80.36 Subd. 78. [ ADOPTEE'S ORIGINAL BIRTH CERTIFICATEADOPTION 81.1 RECORDS.] Various adoption records are classified under section 81.2 259.53, subdivision 1. Access to the original birth certificate 81.3 of a person who has been adopted is governed by section 259.89. 81.4 Sec. 43. Minnesota Statutes 1994, section 13.99, 81.5 subdivision 79, is amended to read: 81.6 Subd. 79. [PEACE OFFICERS, COURT SERVICES, AND CORRECTIONS 81.7 RECORDS OF JUVENILES.] Inspection and maintenance of juvenile 81.8 records held by police and the commissioner of corrections are81.9 governed by section 260.161, subdivision 3.and disclosure to 81.10 school officials of court services data on juveniles adjudicated 81.11 delinquent isare governed by section 260.161 , subdivision 1b. 81.12 Sec. 44. Minnesota Statutes 1994, section 13.99, is 81.13 amended by adding a subdivision to read: 81.14 Subd. 81b. [MINNESOTA YOUTH PROGRAM.] Data on individuals 81.15 under the Minnesota youth program are classified under section 81.16 268.561, subdivision 7. 81.17 Sec. 45. Minnesota Statutes 1994, section 13.99, is 81.18 amended by adding a subdivision to read: 81.19 Subd. 90a. [CRIMINAL JUSTICE INFORMATION NETWORK.] Data 81.20 collected by the criminal justice data communications network 81.21 are classified under section 299C.46, subdivision 5. 81.22 Sec. 46. Minnesota Statutes 1994, section 13.99, is 81.23 amended by adding a subdivision to read: 81.24 Subd. 92e. [PROFESSIONAL CORPORATIONS.] Access to records 81.25 of a professional corporation held by a licensing board under 81.26 section 319A.17 is governed by that section. 81.27 Sec. 47. Minnesota Statutes 1994, section 13.99, is 81.28 amended by adding a subdivision to read: 81.29 Subd. 92f. [PRIVATE DETECTIVE LICENSE.] Certain data on 81.30 applicants for licensure as private detectives are classified 81.31 under section 326.3382, subdivision 3. 81.32 Sec. 48. Minnesota Statutes 1994, section 13.99, is 81.33 amended by adding a subdivision to read: 81.34 Subd. 98a. [ARENA ACQUISITION.] Certain data in connection 81.35 with a decision whether to acquire a sports arena are classified 81.36 under section 473.598, subdivision 4. 82.1 Sec. 49. Minnesota Statutes 1994, section 13.99, is 82.2 amended by adding a subdivision to read: 82.3 Subd. 98b. [METROPOLITAN AIRPORTS COMMISSION.] Certain 82.4 airline data submitted to the metropolitan airports commission 82.5 in connection with the issuance of revenue bonds are classified 82.6 under section 473.6671, subdivision 3. 82.7 Sec. 50. Minnesota Statutes 1994, section 13.99, 82.8 subdivision 112, is amended to read: 82.9 Subd. 112. [CHILD ABUSE REPORT RECORDS.] Data contained in 82.10 child abuse report records are classified under section 626.556 ,82.11 subdivisions 11 and 11b. 82.12 Sec. 51. Minnesota Statutes 1994, section 13.99, is 82.13 amended by adding a subdivision to read: 82.14 Subd. 113a. [CHILD PROTECTION TEAM.] Data acquired by a 82.15 case consultation committee or subcommittee of a child 82.16 protection team are classified by section 626.558, subdivision 3.