3rd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to government data practices; providing for 1.3 the classification of and access to government data; 1.4 providing for data privacy for certain audit 1.5 information; classifying certain law enforcement data; 1.6 providing that certain documents may be classified as 1.7 nonpublic data until negotiations with vendors and 1.8 best and final offers are received; making technical 1.9 and clarifying changes to tax disclosure provisions; 1.10 amending Minnesota Statutes 1996, sections 13.794, 1.11 subdivision 1; 13.82, by adding a subdivision; 13.85, 1.12 subdivision 2; 13.99, by adding subdivisions; 168.346; 1.13 171.12, subdivision 1; 270B.02, subdivision 3; 1.14 270B.03, subdivision 6; 270B.12, subdivision 6; and 1.15 629.341, subdivision 4; Minnesota Statutes 1997 1.16 Supplement, sections 13.37, subdivision 1; 13.46, 1.17 subdivision 2; 260.161, subdivision 1; 268.19; 1.18 270B.01, subdivision 8; 299C.095, subdivision 2; and 1.19 471A.03, subdivision 3; repealing Minnesota Statutes 1.20 1996, section 270.10, subdivision 3. 1.21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.22 Section 1. Minnesota Statutes 1997 Supplement, section 1.23 13.37, subdivision 1, is amended to read: 1.24 Subdivision 1. [DEFINITIONS.] As used in this section, the 1.25 following terms have the meanings given them. 1.26 (a) "Security information" means government data the 1.27 disclosure of which would be likely to substantially jeopardize 1.28 the security of information, possessions, individuals or 1.29 property against theft, tampering, improper use, attempted 1.30 escape, illegal disclosure, trespass, or physical injury. 1.31 "Security information" includes crime prevention block maps and 1.32 lists of volunteers who participate in community crime 1.33 prevention programs and their home addresses and telephone 2.1 numbers. 2.2 (b) "Trade secret information" means government data, 2.3 including a formula, pattern, compilation, program, device, 2.4 method, technique or process (1) that was supplied by the 2.5 affected individual or organization, (2) that is the subject of 2.6 efforts by the individual or organization that are reasonable 2.7 under the circumstances to maintain its secrecy, and (3) that 2.8 derives independent economic value, actual or potential, from 2.9 not being generally known to, and not being readily 2.10 ascertainable by proper means by, other persons who can obtain 2.11 economic value from its disclosure or use. 2.12 (c) "Labor relations information" means management 2.13 positions on economic and noneconomic items that have not been 2.14 presented during the collective bargaining process or interest 2.15 arbitration, including information specifically collected or 2.16 created to prepare the management position. 2.17 (d) "Parking space leasing data" means the following 2.18 government data on an applicant for, or lessee of, a parking 2.19 space: residence address, home telephone number, beginning and 2.20 ending work hours, place of employment,
andwork telephone 2.21 number, and location of the parking space. 2.22 (e) "Internal competitive proposal" means a proposal to 2.23 provide government services that is prepared by the staff of a 2.24 political subdivision in competition with proposals solicited by 2.25 the political subdivision from the private sector. 2.26 Sec. 2. Minnesota Statutes 1997 Supplement, section 13.46, 2.27 subdivision 2, is amended to read: 2.28 Subd. 2. [GENERAL.] (a) Unless the data is summary data or 2.29 a statute specifically provides a different classification, data 2.30 on individuals collected, maintained, used, or disseminated by 2.31 the welfare system is private data on individuals, and shall not 2.32 be disclosed except: 2.33 (1) according to section 13.05; 2.34 (2) according to court order; 2.35 (3) according to a statute specifically authorizing access 2.36 to the private data; 3.1 (4) to an agent of the welfare system, including a law 3.2 enforcement person, attorney, or investigator acting for it in 3.3 the investigation or prosecution of a criminal or civil 3.4 proceeding relating to the administration of a program; 3.5 (5) to personnel of the welfare system who require the data 3.6 to determine eligibility, amount of assistance, and the need to 3.7 provide services of additional programs to the individual; 3.8 (6) to administer federal funds or programs; 3.9 (7) between personnel of the welfare system working in the 3.10 same program; 3.11 (8) the amounts of cash public assistance and relief paid 3.12 to welfare recipients in this state, including their names, 3.13 social security numbers, income, addresses, and other data as 3.14 required, upon request by the department of revenue to 3.15 administer the property tax refund law, supplemental housing 3.16 allowance, early refund of refundable tax credits, and the 3.17 income tax. "Refundable tax credits" means the dependent care 3.18 credit under section 290.067, the Minnesota working family 3.19 credit under section 290.0671, the property tax refund under 3.20 section 290A.04, and, if the required federal waiver or waivers 3.21 are granted, the federal earned income tax credit under section 3.22 32 of the Internal Revenue Code; 3.23 (9) tobetween the department of human services and the 3.24 Minnesota department of economic security for the purpose of 3.25 monitoring the eligibility of the data subject for reemployment 3.26 insurance, for any employment or training program administered, 3.27 supervised, or certified by that agency, orfor the purpose of 3.28 administering any rehabilitation program, whether alone or in 3.29 conjunction with the welfare system, and to verify receipt of3.30 energy assistance for the telephone assistance planor to 3.31 monitor and evaluate the statewide Minnesota family investment 3.32 program by exchanging data on recipients and former recipients 3.33 of food stamps, cash assistance under chapter 256, 256D, 256J, 3.34 or 256K, child care assistance under chapter 119B, or medical 3.35 programs under chapter 256B, 256D, or 256L; 3.36 (10) to appropriate parties in connection with an emergency 4.1 if knowledge of the information is necessary to protect the 4.2 health or safety of the individual or other individuals or 4.3 persons; 4.4 (11) data maintained by residential programs as defined in 4.5 section 245A.02 may be disclosed to the protection and advocacy 4.6 system established in this state according to Part C of Public 4.7 Law Number 98-527 to protect the legal and human rights of 4.8 persons with mental retardation or other related conditions who 4.9 live in residential facilities for these persons if the 4.10 protection and advocacy system receives a complaint by or on 4.11 behalf of that person and the person does not have a legal 4.12 guardian or the state or a designee of the state is the legal 4.13 guardian of the person; 4.14 (12) to the county medical examiner or the county coroner 4.15 for identifying or locating relatives or friends of a deceased 4.16 person; 4.17 (13) data on a child support obligor who makes payments to 4.18 the public agency may be disclosed to the higher education 4.19 services office to the extent necessary to determine eligibility 4.20 under section 136A.121, subdivision 2, clause (5); 4.21 (14) participant social security numbers and names 4.22 collected by the telephone assistance program may be disclosed 4.23 to the department of revenue to conduct an electronic data match 4.24 with the property tax refund database to determine eligibility 4.25 under section 237.70, subdivision 4a; 4.26 (15) the current address of a recipient of aid to families 4.27 with dependent children or Minnesota family investment 4.28 program-statewide may be disclosed to law enforcement officers 4.29 who provide the name of the recipient and notify the agency that: 4.30 (i) the recipient: 4.31 (A) is a fugitive felon fleeing to avoid prosecution, or 4.32 custody or confinement after conviction, for a crime or attempt 4.33 to commit a crime that is a felony under the laws of the 4.34 jurisdiction from which the individual is fleeing; or 4.35 (B) is violating a condition of probation or parole imposed 4.36 under state or federal law; 5.1 (ii) the location or apprehension of the felon is within 5.2 the law enforcement officer's official duties; and 5.3 (iii) the request is made in writing and in the proper 5.4 exercise of those duties; 5.5 (16) the current address of a recipient of general 5.6 assistance or general assistance medical care may be disclosed 5.7 to probation officers and corrections agents who are supervising 5.8 the recipient and to law enforcement officers who are 5.9 investigating the recipient in connection with a felony level 5.10 offense; 5.11 (17) information obtained from food stamp applicant or 5.12 recipient households may be disclosed to local, state, or 5.13 federal law enforcement officials, upon their written request, 5.14 for the purpose of investigating an alleged violation of the 5.15 Food Stamp Act, according to Code of Federal Regulations, title 5.16 7, section 272.1(c); 5.17 (18) the address, social security number, and, if 5.18 available, photograph of any member of a household receiving 5.19 food stamps shall be made available, on request, to a local, 5.20 state, or federal law enforcement officer if the officer 5.21 furnishes the agency with the name of the member and notifies 5.22 the agency that: 5.23 (i) the member: 5.24 (A) is fleeing to avoid prosecution, or custody or 5.25 confinement after conviction, for a crime or attempt to commit a 5.26 crime that is a felony in the jurisdiction the member is 5.27 fleeing; 5.28 (B) is violating a condition of probation or parole imposed 5.29 under state or federal law; or 5.30 (C) has information that is necessary for the officer to 5.31 conduct an official duty related to conduct described in subitem 5.32 (A) or (B); 5.33 (ii) locating or apprehending the member is within the 5.34 officer's official duties; and 5.35 (iii) the request is made in writing and in the proper 5.36 exercise of the officer's official duty; 6.1 (19) certain information regarding child support obligors 6.2 who are in arrears may be made public according to section 6.3 518.575; 6.4 (20) data on child support payments made by a child support 6.5 obligor and data on the distribution of those payments excluding 6.6 identifying information on obligees may be disclosed to all 6.7 obligees to whom the obligor owes support, and data on the 6.8 enforcement actions undertaken by the public authority and, the 6.9 status of those actions, and data on the income of the obligor 6.10 or obligee may be disclosed to the other party; 6.11 (21) data in the work reporting system may be disclosed 6.12 under section 256.998, subdivision 7; 6.13 (22) to the department of children, families, and learning 6.14 for the purpose of matching department of children, families, 6.15 and learning student data with public assistance data to 6.16 determine students eligible for free and reduced price meals, 6.17 meal supplements, and free milk according to United States Code, 6.18 title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to 6.19 produce accurate numbers of students receiving aid to families 6.20 with dependent children or Minnesota family investment 6.21 program-statewide as required by section 124.175; andto 6.22 allocate federal and state funds that are distributed based on 6.23 income of the student's family; and to verify receipt of energy 6.24 assistance for the telephone assistance plan; 6.25 (23) the current address and telephone number of program 6.26 recipients and emergency contacts may be released to the 6.27 commissioner of health or a local board of health as defined in 6.28 section 145A.02, subdivision 2, when the commissioner or local 6.29 board of health has reason to believe that a program recipient 6.30 is a disease case, carrier, suspect case, or at risk of illness, 6.31 and the data are necessary to locate the person; or6.32 (24) to other state agencies, statewide systems, and 6.33 political subdivisions of this state, including the attorney 6.34 general, and agencies of other states, interstate information 6.35 networks, federal agencies, and other entities as required by 6.36 federal regulation or law for the administration of the child 7.1 support enforcement program; 7.2 (25) to personnel of public assistance programs as defined 7.3 in section 256.741, for access to the child support system 7.4 database for the purpose of administration, including monitoring 7.5 and evaluation of those public assistance programs; or 7.6 (26) to monitor and evaluate the statewide Minnesota family 7.7 investment program by exchanging data between the departments of 7.8 human services and children, families, and learning, on 7.9 recipients and former recipients of food stamps, cash assistance 7.10 under chapter 256, 256D, 256J, or 256K, child care assistance 7.11 under chapter 119B, or medical programs under chapter 256B, 7.12 256D, or 256L. 7.13 (b) Information on persons who have been treated for drug 7.14 or alcohol abuse may only be disclosed according to the 7.15 requirements of Code of Federal Regulations, title 42, sections 7.16 2.1 to 2.67. 7.17 (c) Data provided to law enforcement agencies under 7.18 paragraph (a), clause (15), (16), (17), or (18), or paragraph 7.19 (b), are investigative data and are confidential or protected 7.20 nonpublic while the investigation is active. The data are 7.21 private after the investigation becomes inactive under section 7.22 13.82, subdivision 5, paragraph (a) or (b). 7.23 (d) Mental health data shall be treated as provided in 7.24 subdivisions 7, 8, and 9, but is not subject to the access 7.25 provisions of subdivision 10, paragraph (b). 7.26 Sec. 3. Minnesota Statutes 1996, section 13.794, 7.27 subdivision 1, is amended to read: 7.28 Subdivision 1. [CONFIDENTIAL DATA OR PROTECTED NONPUBLIC 7.29 DATA.] Data, notes, and preliminary drafts of reports created, 7.30 collected, and maintained by the internal audit offices of state 7.31 agencies and political subdivisions, or persons performing 7.32 audits for state agencies and political subdivisions, and 7.33 relating to an audit or investigation are confidential data on 7.34 individuals or protected nonpublic data until the final report 7.35 has been published or the audit or investigation is no longer 7.36 being pursued actively ., except that the data shall be disclosed 8.1 as required to comply with section 6.67 or 609.456. This 8.2 section does not limit in any way: 8.3 (1) the state auditor's access to government data of 8.4 political subdivisions or data, notes, or preliminary drafts of 8.5 reports of persons performing audits for political subdivisions; 8.6 or 8.7 (2) the public or a data subject's access to data 8.8 classified by section 13.43. 8.9 Sec. 4. Minnesota Statutes 1996, section 13.82, is amended 8.10 by adding a subdivision to read: 8.11 Subd. 3b. [DOMESTIC ABUSE DATA.] The written police report 8.12 required by section 629.341, subdivision 4, of an alleged 8.13 incident described in section 629.341, subdivision 1, and arrest 8.14 data, request for service data, and response or incident data 8.15 described in subdivision 2, 3, or 4 that arise out of this type 8.16 of incident or out of an alleged violation of an order for 8.17 protection must be released upon request at no cost to an 8.18 organization designated by the Minnesota center for crime 8.19 victims services, the department of corrections, or the 8.20 department of public safety as providing services to victims of 8.21 domestic abuse. The executive director or the commissioner of 8.22 the appropriate state agency shall develop written criteria for 8.23 this designation in consultation with the battered women's 8.24 advisory council. 8.25 Sec. 5. Minnesota Statutes 1996, section 13.85, 8.26 subdivision 2, is amended to read: 8.27 Subd. 2. [PRIVATE DATA.] Unless the data are summary data 8.28 or arrest data, or a statute specifically provides a different 8.29 classification, corrections and detention data on individuals 8.30 are classified as private pursuant to section 13.02, subdivision 8.31 12, to the extent that the release of the data would either (a) 8.32 disclose personal,medical, psychological, or financial 8.33 information, or personal information not related to their lawful 8.34 confinement or detainment or (b) endanger an individual's life. 8.35 Sec. 6. Minnesota Statutes 1996, section 13.99, is amended 8.36 by adding a subdivision to read: 9.1 Subd. 97b. [CAPITAL INTENSIVE PUBLIC SERVICE PROPOSALS AND 9.2 NEGOTIATION DOCUMENTS.] Proposals received from vendors, and all 9.3 government data received from vendors or generated by a 9.4 municipality relating to negotiations with vendors, for capital 9.5 intensive public services are classified under section 471A.03, 9.6 subdivision 3. 9.7 Sec. 7. Minnesota Statutes 1996, section 13.99, is amended 9.8 by adding a subdivision to read: 9.9 Subd. 114a. [DOMESTIC ABUSE POLICE REPORTS.] Police 9.10 reports on domestic incidents are classified under section 9.11 629.341. 9.12 Sec. 8. Minnesota Statutes 1996, section 168.346, is 9.13 amended to read: 9.14 168.346 [PRIVACY OF NAME OR RESIDENCE ADDRESS.] 9.15 (a) The registered owner of a motor vehicle may request in 9.16 writing that the owner's residence address or name and residence 9.17 address be classified as private data on individuals, as defined 9.18 in section 13.02, subdivision 12. The commissioner shall grant 9.19 the classification upon receipt of a signed statement by the 9.20 owner that the classification is required for the safety of the 9.21 owner or the owner's family, if the statement also provides a 9.22 valid, existing address where the owner consents to receive 9.23 service of process. The commissioner shall use the mailing 9.24 address in place of the residence address in all documents and 9.25 notices pertaining to the motor vehicle. The residence address 9.26 or name and residence address and any information provided in 9.27 the classification request, other than the mailing address, are 9.28 private data on individuals and may be provided to requesting 9.29 law enforcement agencies, probation and parole agencies, and 9.30 public authorities, as defined in section 518.54, subdivision 9. 9.31 (b) An individual registered owner of a motor vehicle must 9.32 be informed in a clear and conspicuous manner on the forms for 9.33 issuance or renewal of titles and registrations, that the 9.34 owner's personal information may be disclosed to any person who 9.35 makes a request for the personal information, and that, except 9.36 for uses permitted by United States Code, title 18, section 10.1 2721, clause (b), the registered owner may prohibit disclosure 10.2 of the personal information by so indicating on the form. For 10.3 purposes of this paragraph, access by requesters making requests 10.4 described in section 168.345, subdivision 4, is deemed to be 10.5 related to public safety. 10.6 (c) At the time of registration or renewal, the individual 10.7 registered owner of a motor vehicle must also be informed in a 10.8 clear and conspicuous manner on forms that the owner's personal 10.9 information may be used, rented, or sold solely for bulk 10.10 distribution by organizations for business purposes including 10.11 surveys, marketing, and solicitation. The commissioner shall 10.12 implement methods and procedures that enable the registered 10.13 owner to request that bulk surveys, marketing, or solicitation 10.14 not be directed to the owner. If the registered owner so 10.15 requests, the commissioner shall implement the request in a 10.16 timely manner and the personal information may not be so used. 10.17 (d) To the extent permitted by United States Code, title 10.18 18, section 2721, data on individuals provided to register a 10.19 motor vehicle is public data on individuals and shall be 10.20 disclosed as permitted by United States Code, title 18, section 10.21 2721, clause (b). 10.22 Sec. 9. Minnesota Statutes 1996, section 171.12, 10.23 subdivision 1, is amended to read: 10.24 Subdivision 1. [LICENSES FILED IN ALPHABETICAL ORDER.] The 10.25 department shall file every application for a driver's license 10.26 received by it and shall maintain suitable indices containing, 10.27 in alphabetical order: 10.28 (1) all applications denied and the reason for denial; 10.29 (2) all applications granted; and 10.30 (3) the name of every person whose license has been 10.31 suspended, revoked, or canceled or who has been disqualified 10.32 from operating a commercial motor vehicle by the department, and 10.33 after each name the reasons for the action. 10.34 Notwithstanding section 260.161, data revealing that the 10.35 reason for the action under clause (3) is an order of the 10.36 juvenile court are accessible to the public. 11.1 Sec. 10. Minnesota Statutes 1997 Supplement, section 11.2 260.161, subdivision 1, is amended to read: 11.3 Subdivision 1. [RECORDS REQUIRED TO BE KEPT.] (a) The 11.4 juvenile court judge shall keep such minutes and in such manner 11.5 as the court deems necessary and proper. Except as provided in 11.6 paragraph (b), the court shall keep and maintain records 11.7 pertaining to delinquent adjudications until the person reaches 11.8 the age of 28 years and shall release the records on an 11.9 individual to another juvenile court that has jurisdiction of 11.10 the juvenile, to a requesting adult court for purposes of 11.11 sentencing, or to an adult court or juvenile court as required 11.12 by the right of confrontation of either the United States 11.13 Constitution or the Minnesota Constitution. The juvenile court 11.14 shall provide, upon the request of any other juvenile court, 11.15 copies of the records concerning adjudications involving the 11.16 particular child. The court also may provide copies of records 11.17 concerning delinquency adjudications, on request, to law 11.18 enforcement agencies, probation officers, and corrections agents 11.19 if the court finds that providing these records serves public 11.20 safety or is in the best interests of the child. Until July 1, 11.21 1999, juvenile court delinquency proceeding records of 11.22 adjudications, court transcripts, and delinquency petitions, 11.23 including any probable cause attachments that have been filed or 11.24 police officer reports relating to a petition, must be released 11.25 to requesting law enforcement agencies and prosecuting 11.26 authorities for purposes of investigating and prosecuting 11.27 violations of section 609.229, provided that psychological or 11.28 mental health reports may not be included with those records. 11.29 The records have the same data classification in the hands of11.30 theagency receiving them as they had in the hands of the court11.31 the records may release the records only as permitted under this 11.32 section or authorized by law. 11.33 The court shall also keep an index in which files 11.34 pertaining to juvenile matters shall be indexed under the name 11.35 of the child. After the name of each file shall be shown the 11.36 file number and, if ordered by the court, the book and page of 12.1 the register in which the documents pertaining to such file are 12.2 listed. The court shall also keep a register properly indexed 12.3 in which shall be listed under the name of the child all 12.4 documents filed pertaining to the child and in the order filed. 12.5 The list shall show the name of the document and the date of 12.6 filing thereof. The juvenile court legal records shall be 12.7 deposited in files and shall include the petition, summons, 12.8 notice, findings, orders, decrees, judgments, and motions and 12.9 such other matters as the court deems necessary and proper. 12.10 Unless otherwise provided by law, all court records shall be 12.11 open at all reasonable times to the inspection of any child to 12.12 whom the records relate, and to the child's parent and guardian. 12.13 (b) The court shall retain records of the court finding 12.14 that a juvenile committed an act that would be a felony or gross 12.15 misdemeanor level offense until the offender reaches the age of 12.16 28. If the offender commits a felony as an adult, or the court 12.17 convicts a child as an extended jurisdiction juvenile, the court 12.18 shall retain the juvenile records for as long as the records 12.19 would have been retained if the offender had been an adult at 12.20 the time of the juvenile offense. This paragraph does not apply 12.21 unless the juvenile was provided counsel as required by section 12.22 260.155, subdivision 2. 12.23 Sec. 11. Minnesota Statutes 1997 Supplement, section 12.24 268.19, is amended to read: 12.25 268.19 [INFORMATION.] 12.26 (a) Except as hereinafterotherwise provided by this 12.27 section, data gathered from any employing unitemployer or 12.28 individual pursuant to the administration of sections 268.03 to 12.29 268.23, and from any determination as to the benefit rights of12.30 any individualare private data on individuals or nonpublic data 12.31 not on individuals as defined in section 13.02, subdivisions 9 12.32 and 12, and may not be disclosed except pursuant to a court 12.33 order or section 13.05. These data may be disseminated to and 12.34 used by the following agencies without the consent of the 12.35 subject of the data: 12.36 (a)(1) state and federal agencies specifically authorized 13.1 access to the data by state or federal law; 13.2 (b)(2) any agency of thisMinnesota or any other state; or 13.3 any federal agency charged with the administration of an 13.4 employment security law or the maintenance of a system of public 13.5 employment offices; 13.6 (c) local(3) human rights groupsagencies within the13.7 state whichMinnesota that have enforcement powers; 13.8 (d)(4) the department of revenue shall have access to 13.9 department of economic securityprivate data on individuals and 13.10 nonpublic data not on individuals only to the extent necessary 13.11 for enforcement of Minnesota tax laws; 13.12 (e)(5) public and private agencies responsible for 13.13 administering publicly financed assistance programs for the 13.14 purpose of monitoring the eligibility of the program's 13.15 recipients; 13.16 (f)(6) the department of labor and industry on an 13.17 interchangeable basis with the department of economic security13.18 subject to the following limitations and notwithstanding any law 13.19 to the contrary: 13.20 (1)(i) the department of economic securityshall have 13.21 access to private data on individuals and nonpublic data not on 13.22 individuals for uses consistent with the administration of its 13.23 duties under sections 268.03 to 268.23; and 13.24 (2)(ii) the department of labor and industry shall have 13.25 access to private data on individuals and nonpublic data not on 13.26 individuals for uses consistent with the administration of its 13.27 duties under stateMinnesota law; 13.28 (g)(7) the department of trade and economic development 13.29 may have access to private data on individual employing units13.30 employers and nonpublic data not on individual employing units13.31 employers for its internal use only; when received by the 13.32 department of trade and economic development, the data remain 13.33 private data on individuals or nonpublic data; 13.34 (h)(8) local and state welfare agencies for monitoring the 13.35 eligibility of the data subject for assistance programs, or for 13.36 any employment or training program administered by those 14.1 agencies, whether alone, in combination with another welfare 14.2 agency, or in conjunction with the department of economic14.3 securityor to monitor and evaluate the statewide Minnesota 14.4 family investment program by providing data on recipients and 14.5 former recipients of food stamps, cash assistance under chapter 14.6 256, 256D, 256J, or 256K, child care assistance under chapter 14.7 119B, or medical programs under chapter 256B, 256D, or 256L; 14.8 (i)(9) local, state, and federal law enforcement agencies 14.9 for the sole purpose of ascertaining the last known address and 14.10 employment location of the data subject, provided the data 14.11 subject is the subject of a criminal investigation; and 14.12 (j)(10) the department of health may have access to 14.13 private data on individuals and nonpublic data not on 14.14 individuals solely for the purposes of epidemiologic 14.15 investigations. 14.16 (b) Data on individuals and employing units whichemployers 14.17 that are collected, maintained, or used by the department in an 14.18 investigation pursuant to section 268.182 are confidential as to 14.19 data on individuals and protected nonpublic data not on 14.20 individuals as defined in section 13.02, subdivisions 3 and 13, 14.21 and shall not be disclosed except pursuant to statute or court 14.22 order or to a party named in a criminal proceeding, 14.23 administrative or judicial, for preparation of a defense. 14.24 (c) Tape recordings and transcripts of recordings of 14.25 proceedings conducted in accordance with section 268.105 and 14.26 exhibits received into evidence at those proceedings are private 14.27 data on individuals and nonpublic data not on individuals and 14.28 shall be disclosed only pursuant to the administration of 14.29 section 268.105, or pursuant to a court order. 14.30 Aggregate data about employers compiled from individual job14.31 orders placed with the department of economic security are14.32 private data on individuals and nonpublic data not on14.33 individuals as defined in section 13.02, subdivisions 9 and 12,14.34 if the commissioner determines that divulging the data would14.35 result in disclosure of the identity of the employer.14.36 (d) The department may disseminate an employer's name, 15.1 address, industry code, occupations employed, and the number of 15.2 employees by ranges of not less than 100 for the purpose of 15.3 assisting individuals using the Minnesota workforce center 15.4 system in obtaining employment. 15.5 (e) The general aptitude test battery and the nonverbal 15.6 aptitude test battery as administered by the department are also15.7 classified asprivate data on individuals or nonpublic data. 15.8 (f) Data on individuals collected, maintained, or created 15.9 because an individual applies for benefits or services provided 15.10 by the energy assistance and weatherization programs 15.11 administered by the department of economic securityis private 15.12 data on individuals and shall not be disseminated except 15.13 pursuant to section 13.05, subdivisions 3 and 4. 15.14 (g) Data gathered by the department pursuant to the 15.15 administration of sections 268.03 to 268.23 shall not be made 15.16 the subject or the basis for any suit in any civil proceedings, 15.17 administrative or judicial, unless the action is initiated by 15.18 the department. 15.19 Sec. 12. Minnesota Statutes 1997 Supplement, section 15.20 270B.01, subdivision 8, is amended to read: 15.21 Subd. 8. [MINNESOTA TAX LAWS.] For purposes of this 15.22 chapter only, unless expressly stated otherwise, "Minnesota tax 15.23 laws" means the taxes, refunds, and fees administered by or paid 15.24 to the commissioner under chapters 115B (except taxes imposed 15.25 under sections 115B.21 to 115B.24), 289A (except taxes imposed 15.26 under sections 298.01, 298.015, and 298.24), 290, 290A, 291, 15.27 297A, and 297H and sections 295.50 to 295.59, or any similar 15.28 Indian tribal tax administered by the commissioner pursuant to 15.29 any tax agreement between the state and the Indian tribal 15.30 government, and includes any laws for the assessment, 15.31 collection, and enforcement of those taxes, refunds, and fees. 15.32 Sec. 13. Minnesota Statutes 1996, section 270B.02, 15.33 subdivision 3, is amended to read: 15.34 Subd. 3. [CONFIDENTIAL DATA ON INDIVIDUALS; PROTECTED 15.35 NONPUBLIC DATA.] (a) Except as provided in paragraph (b), the 15.36 name or existence of an informer, informer letters, and other 16.1 unsolicited data, in whatever form, given to the department of 16.2 revenue by a person, other than the data subject, who informs 16.3 that a specific taxpayer is not or may not be in compliance with 16.4 tax laws, or nontax laws administered by the department of 16.5 revenue, including laws not listed in section 270B.01, 16.6 subdivision 8, are confidential data on individuals or protected 16.7 nonpublic data as defined in section 13.02, subdivisions 3 and 16.8 13. 16.9 (b) Data under paragraph (a) may be disclosed with the 16.10 consent of the informer or upon a written finding by a court 16.11 that the information provided by the informer was false and that 16.12 there is evidence that the information was provided in bad 16.13 faith. This subdivision does not alter disclosure 16.14 responsibilities or obligations under the rules of criminal 16.15 procedure. 16.16 Sec. 14. Minnesota Statutes 1996, section 270B.03, 16.17 subdivision 6, is amended to read: 16.18 Subd. 6. [INVESTIGATIVE DATA.] NotwithstandingFor 16.19 purposes of any law to the contrary, the disclosure of16.20 administered by the department of revenue, including laws not 16.21 listed in section 270B.01, subdivision 8, investigative data 16.22 collected or created by the department of revenue in order to 16.23 prepare a case against a person, whether known or unknown, for 16.24 the commission of a crime is governed by section 13.82,16.25 subdivision 5,confidential or protected nonpublic during an 16.26 investigation. When the investigation becomes inactive, as 16.27 defined in section 13.82, subdivision 5, the previous16.28 classifications otherwise applicable under any other laws become 16.29 effective. 16.30 Sec. 15. Minnesota Statutes 1996, section 270B.12, 16.31 subdivision 6, is amended to read: 16.32 Subd. 6. [DEPARTMENT OF REVENUE EMPLOYEES; ATTORNEY 16.33 GENERAL.] Returns and return information mayshall be open to 16.34 inspection by or disclosure to an employee or agent of the 16.35 department of revenue and the attorney general only for the 16.36 purpose of and to the extent necessary to administer tax laws. 17.1 Sec. 16. Minnesota Statutes 1997 Supplement, section 17.2 299C.095, subdivision 2, is amended to read: 17.3 Subd. 2. [RETENTION.] (a) Notwithstanding section 138.17, 17.4 the bureau shall retain juvenile history records for the time 17.5 periods provided in this subdivision. Notwithstanding contrary 17.6 provisions of paragraphs (b) to (e), all data in a juvenile 17.7 history record must be retained for the longest time period 17.8 applicable to any item in the individual juvenile history 17.9 record. If, before data are destroyed under this subdivision, 17.10 the subject of the data is convicted of a felony as an adult, 17.11 the individual's juvenile history record must be retained for 17.12 the same time period as an adult criminal history record. 17.13 (b) Juvenile history data on a child who was arrested must 17.14 be destroyed six months after the arrest if the child has not 17.15 been referred to a diversion program and no petition has been 17.16 filed against the child by that time. 17.17 (c) Juvenile history data on a child against whom a 17.18 delinquency petition was filed and subsequently dismissed must 17.19 be destroyed upon receiving notice from the court that the 17.20 petition was dismissed. 17.21 (d) Juvenile history data on a child who was referred to a 17.22 diversion program or against whom a delinquency petition has 17.23 been filed and continued for dismissal must be destroyed when 17.24 the child reaches age 21. 17.25 (e) Juvenile history data on a child against whom a 17.26 delinquency petition was filed and continued without 17.27 adjudication, or a child who was found to have committed a 17.28 felony or gross misdemeanor-level offense, must be destroyed 17.29 when the child reaches age 28. If the offender commits a felony 17.30 violation as an adult, the bureau shall retain the data for as 17.31 long as the data would have been retained if the offender had 17.32 been an adult at the time of the juvenile offense. 17.33 (f) The bureau shall retain extended jurisdiction juvenile 17.34 data on an individual received under section 260.161, 17.35 subdivision 1a, paragraph (c), for as long as the data would 17.36 have been retained if the offender had been an adult at the time 18.1 of the offense. 18.2 (g) Data retained on individuals under this subdivision are 18.3 private data under section 13.02, except that extended 18.4 jurisdiction juvenile data become public data under section 18.5 13.87, subdivision 2, when the juvenile court notifies the 18.6 bureau that the individual's adult sentence has been executed 18.7 under section 260.126, subdivision 5. 18.8 (h) A person who receives data on a juvenile under 18.9 paragraphs (b) to (e) from the bureau shall destroy the data 18.10 according to the schedule in this subdivision, unless the person 18.11 has access to the data under other law. The bureau shall 18.12 include a notice of the destruction schedule with all data it 18.13 disseminates on juveniles. 18.14 Sec. 17. Minnesota Statutes 1997 Supplement, section 18.15 471A.03, subdivision 3, is amended to read: 18.16 Subd. 3. [PROCUREMENT PROCEDURES.] The municipality may 18.17 agree under the service contract that the private vendor will 18.18 acquire, construct, alter, repair, or maintain any and all 18.19 related facilities without compliance with any competitive 18.20 bidding requirements. The municipality may enter into the 18.21 service contract only after requesting from two or more private 18.22 vendors proposals for the furnishing of the capital intensive 18.23 public services under terms and conditions the municipality 18.24 determines to be fair and reasonable. After making the request 18.25 and receiving any proposals in response to the request, the 18.26 municipality may negotiate the service contract with any private 18.27 vendor that responds to the request for proposals. The 18.28 municipality, at its discretion, may classify all or portions of 18.29 any (1) proposals received from vendors, and (2) government data 18.30 received from vendors or generated by the municipality relating 18.31 to negotiations with the vendors, as nonpublic data under 18.32 section 13.02, subdivision 9, or as protected nonpublic data 18.33 under section 13.02, subdivision 13, until completion of 18.34 negotiations with all the vendors and, if the municipality 18.35 solicits a best and final offer from one or more vendors, until 18.36 the offers are received from all vendors who are requested to 19.1 submit such an offer. 19.2 Sec. 18. Minnesota Statutes 1996, section 629.341, 19.3 subdivision 4, is amended to read: 19.4 Subd. 4. [REPORT REQUIRED.] Whenever a peace officer 19.5 investigates an allegation that an incident described in 19.6 subdivision 1 has occurred, whether or not an arrest is made, 19.7 the officer shall make a written police report of the alleged 19.8 incident. The report must contain at least the following 19.9 information: the name, address and telephone number of the 19.10 victim, if provided by the victim, a statement as to whether an 19.11 arrest occurred, the name of the arrested person, and a brief 19.12 summary of the incident. Data that identify a victim who has 19.13 made a request under section 13.82, subdivision 10, paragraph 19.14 (d), and that are private data under that subdivision, shall be 19.15 private in the report required by this section. A copy of this 19.16 report must be provided upon request, at no cost, to 19.17 organizations designated by the Minnesota crime victims services 19.18 center, the department of public safety, or the commissioner of 19.19 corrections that are providing services to victims of domestic 19.20 abuse. The officer shall submit the report to the officer's 19.21 supervisor or other person to whom the employer's rules or 19.22 policies require reports of similar allegations of criminal 19.23 activity to be made. 19.24 Sec. 19. [TRIBAL HEALTH DATA.] 19.25 All data created, collected, received, or maintained by the 19.26 commissioner of health in conjunction and cooperation with a 19.27 federally recognized Indian tribe with an enrolled membership of 19.28 under 550 individuals and which relate to cancer incidence among 19.29 tribal members are private data on individuals as defined in 19.30 Minnesota Statutes, section 13.02. 19.31 Sec. 20. [LEGISLATIVE SUBPOENA; DISCLOSURE OF CHILD 19.32 PROTECTION DATA.] 19.33 (a) Notwithstanding Minnesota Statutes, section 626.556, 19.34 subdivision 11, or any other law to the contrary governing 19.35 access to government data, data on individuals related to 19.36 investigations and assessments under Minnesota Statutes, section 20.1 626.556, must be released in response to a legislative subpoena 20.2 issued by a standing legislative committee under Minnesota 20.3 Statutes, section 3.153. 20.4 (b) This section expires on July 1, 1999. 20.5 Sec. 21. [REPEALER.] 20.6 Minnesota Statutes 1996, section 270.10, subdivision 3, is 20.7 repealed. 20.8 Sec. 22. [REVISOR'S INSTRUCTION.] 20.9 In the next edition of Minnesota Statutes, the revisor must 20.10 renumber section 13.794 as 13.392 or otherwise include it among 20.11 appropriate sections that refer to both state agencies and 20.12 political subdivisions in Minnesota Statutes, chapter 13. 20.13 Sec. 23. [EFFECTIVE DATES.] 20.14 Sections 2, clause (25); 6; 12 to 15; 17; 20; and 21 are 20.15 effective the day following final enactment. 20.16 Sections 3 and 22 are effective July 1, 1998.