SF 1378

1st 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; modifying the 
  1.3             Data Practices Act; providing for data privacy for 
  1.4             certain audit information; classifying certain law 
  1.5             enforcement data; providing for the classification of 
  1.6             and access to government data; providing that certain 
  1.7             documents may be classified as nonpublic data until 
  1.8             negotiations with vendors and best and final offers 
  1.9             are received; making technical and clarifying changes 
  1.10            to tax disclosure provisions; amending Minnesota 
  1.11            Statutes 1996, sections 13.794, subdivision 1; 13.82, 
  1.12            by adding subdivisions; 13.85, subdivision 2; 13.99, 
  1.13            by adding subdivisions; 171.12, subdivision 1; 
  1.14            270B.02, subdivision 3; 270B.03, subdivision 6; 
  1.15            270B.12, subdivision 6; and 629.341, subdivision 4; 
  1.16            Minnesota Statutes 1997 Supplement, sections 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  13.46, subdivision 2, is amended to read: 
  1.24     Subd. 2.  [GENERAL.] (a) Unless the data is summary data or 
  1.25  a statute specifically provides a different classification, data 
  1.26  on individuals collected, maintained, used, or disseminated by 
  1.27  the welfare system is private data on individuals, and shall not 
  1.28  be disclosed except:  
  1.29     (1) according to section 13.05; 
  1.30     (2) according to court order; 
  1.31     (3) according to a statute specifically authorizing access 
  1.32  to the private data; 
  1.33     (4) to an agent of the welfare system, including a law 
  2.1   enforcement person, attorney, or investigator acting for it in 
  2.2   the investigation or prosecution of a criminal or civil 
  2.3   proceeding relating to the administration of a program; 
  2.4      (5) to personnel of the welfare system who require the data 
  2.5   to determine eligibility, amount of assistance, and the need to 
  2.6   provide services of additional programs to the individual; 
  2.7      (6) to administer federal funds or programs; 
  2.8      (7) between personnel of the welfare system working in the 
  2.9   same program; 
  2.10     (8) the amounts of cash public assistance and relief paid 
  2.11  to welfare recipients in this state, including their names, 
  2.12  social security numbers, income, addresses, and other data as 
  2.13  required, upon request by the department of revenue to 
  2.14  administer the property tax refund law, supplemental housing 
  2.15  allowance, early refund of refundable tax credits, and the 
  2.16  income tax.  "Refundable tax credits" means the dependent care 
  2.17  credit under section 290.067, the Minnesota working family 
  2.18  credit under section 290.0671, the property tax refund under 
  2.19  section 290A.04, and, if the required federal waiver or waivers 
  2.20  are granted, the federal earned income tax credit under section 
  2.21  32 of the Internal Revenue Code; 
  2.22     (9) to between the department of human services and the 
  2.23  Minnesota department of economic security for the purpose of 
  2.24  monitoring the eligibility of the data subject for reemployment 
  2.25  insurance, for any employment or training program administered, 
  2.26  supervised, or certified by that agency, or for the purpose of 
  2.27  administering any rehabilitation program, whether alone or in 
  2.28  conjunction with the welfare system, and to verify receipt of 
  2.29  energy assistance for the telephone assistance plan or exchange 
  2.30  data on recipients and former recipients of food stamps, cash 
  2.31  assistance under chapter 256, 256D, 256J, or 256K, child care 
  2.32  assistance under chapter 119B, or medical programs under chapter 
  2.33  256B, 256D, or 256L to monitor and evaluate the statewide 
  2.34  Minnesota family investment program; 
  2.35     (10) to appropriate parties in connection with an emergency 
  2.36  if knowledge of the information is necessary to protect the 
  3.1   health or safety of the individual or other individuals or 
  3.2   persons; 
  3.3      (11) data maintained by residential programs as defined in 
  3.4   section 245A.02 may be disclosed to the protection and advocacy 
  3.5   system established in this state according to Part C of Public 
  3.6   Law Number 98-527 to protect the legal and human rights of 
  3.7   persons with mental retardation or other related conditions who 
  3.8   live in residential facilities for these persons if the 
  3.9   protection and advocacy system receives a complaint by or on 
  3.10  behalf of that person and the person does not have a legal 
  3.11  guardian or the state or a designee of the state is the legal 
  3.12  guardian of the person; 
  3.13     (12) to the county medical examiner or the county coroner 
  3.14  for identifying or locating relatives or friends of a deceased 
  3.15  person; 
  3.16     (13) data on a child support obligor who makes payments to 
  3.17  the public agency may be disclosed to the higher education 
  3.18  services office to the extent necessary to determine eligibility 
  3.19  under section 136A.121, subdivision 2, clause (5); 
  3.20     (14) participant social security numbers and names 
  3.21  collected by the telephone assistance program may be disclosed 
  3.22  to the department of revenue to conduct an electronic data match 
  3.23  with the property tax refund database to determine eligibility 
  3.24  under section 237.70, subdivision 4a; 
  3.25     (15) the current address of a recipient of aid to families 
  3.26  with dependent children or Minnesota family investment 
  3.27  program-statewide may be disclosed to law enforcement officers 
  3.28  who provide the name of the recipient and notify the agency that:
  3.29     (i) the recipient: 
  3.30     (A) is a fugitive felon fleeing to avoid prosecution, or 
  3.31  custody or confinement after conviction, for a crime or attempt 
  3.32  to commit a crime that is a felony under the laws of the 
  3.33  jurisdiction from which the individual is fleeing; or 
  3.34     (B) is violating a condition of probation or parole imposed 
  3.35  under state or federal law; 
  3.36     (ii) the location or apprehension of the felon is within 
  4.1   the law enforcement officer's official duties; and 
  4.2      (iii)  the request is made in writing and in the proper 
  4.3   exercise of those duties; 
  4.4      (16) the current address of a recipient of general 
  4.5   assistance or general assistance medical care may be disclosed 
  4.6   to probation officers and corrections agents who are supervising 
  4.7   the recipient and to law enforcement officers who are 
  4.8   investigating the recipient in connection with a felony level 
  4.9   offense; 
  4.10     (17) information obtained from food stamp applicant or 
  4.11  recipient households may be disclosed to local, state, or 
  4.12  federal law enforcement officials, upon their written request, 
  4.13  for the purpose of investigating an alleged violation of the 
  4.14  Food Stamp Act, according to Code of Federal Regulations, title 
  4.15  7, section 272.1(c); 
  4.16     (18) the address, social security number, and, if 
  4.17  available, photograph of any member of a household receiving 
  4.18  food stamps shall be made available, on request, to a local, 
  4.19  state, or federal law enforcement officer if the officer 
  4.20  furnishes the agency with the name of the member and notifies 
  4.21  the agency that:  
  4.22     (i) the member: 
  4.23     (A) is fleeing to avoid prosecution, or custody or 
  4.24  confinement after conviction, for a crime or attempt to commit a 
  4.25  crime that is a felony in the jurisdiction the member is 
  4.26  fleeing; 
  4.27     (B) is violating a condition of probation or parole imposed 
  4.28  under state or federal law; or 
  4.29     (C) has information that is necessary for the officer to 
  4.30  conduct an official duty related to conduct described in subitem 
  4.31  (A) or (B); 
  4.32     (ii) locating or apprehending the member is within the 
  4.33  officer's official duties; and 
  4.34     (iii) the request is made in writing and in the proper 
  4.35  exercise of the officer's official duty; 
  4.36     (19) certain information regarding child support obligors 
  5.1   who are in arrears may be made public according to section 
  5.2   518.575; 
  5.3      (20) data on child support payments made by a child support 
  5.4   obligor and data on the distribution of those payments excluding 
  5.5   identifying information on obligees may be disclosed to all 
  5.6   obligees to whom the obligor owes support, and data on the 
  5.7   enforcement actions undertaken by the public authority and, the 
  5.8   status of those actions, and data on the income of the obligor 
  5.9   or obligee may be disclosed to the other party; 
  5.10     (21) data in the work reporting system may be disclosed 
  5.11  under section 256.998, subdivision 7; 
  5.12     (22) to the department of children, families, and learning 
  5.13  for the purpose of matching department of children, families, 
  5.14  and learning student data with public assistance data to 
  5.15  determine students eligible for free and reduced price meals, 
  5.16  meal supplements, and free milk according to United States Code, 
  5.17  title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to 
  5.18  produce accurate numbers of students receiving aid to families 
  5.19  with dependent children or Minnesota family investment 
  5.20  program-statewide as required by section 124.175; and to 
  5.21  allocate federal and state funds that are distributed based on 
  5.22  income of the student's family; and to verify receipt of energy 
  5.23  assistance for the telephone assistance plan; 
  5.24     (23) the current address and telephone number of program 
  5.25  recipients and emergency contacts may be released to the 
  5.26  commissioner of health or a local board of health as defined in 
  5.27  section 145A.02, subdivision 2, when the commissioner or local 
  5.28  board of health has reason to believe that a program recipient 
  5.29  is a disease case, carrier, suspect case, or at risk of illness, 
  5.30  and the data are necessary to locate the person; or 
  5.31     (24) to other state agencies, statewide systems, and 
  5.32  political subdivisions of this state, including the attorney 
  5.33  general, and agencies of other states, interstate information 
  5.34  networks, federal agencies, and other entities as required by 
  5.35  federal regulation or law for the administration of the child 
  5.36  support enforcement program; 
  6.1      (25) to personnel of public assistance programs as defined 
  6.2   in section 256.741, for access to the child support system 
  6.3   database for the purpose of administration, including monitoring 
  6.4   and evaluation of those public assistance programs; or 
  6.5      (26) to exchange data between the departments of human 
  6.6   services and children, families, and learning, on recipients and 
  6.7   former recipients of food stamps, cash assistance under chapter 
  6.8   256, 256D, 256J, or 256K, child care assistance under chapter 
  6.9   119B, or medical programs under chapter 256B, 256D, or 256L, to 
  6.10  monitor and evaluate the statewide Minnesota family investment 
  6.11  program. 
  6.12     (b) Information on persons who have been treated for drug 
  6.13  or alcohol abuse may only be disclosed according to the 
  6.14  requirements of Code of Federal Regulations, title 42, sections 
  6.15  2.1 to 2.67. 
  6.16     (c) Data provided to law enforcement agencies under 
  6.17  paragraph (a), clause (15), (16), (17), or (18), or paragraph 
  6.18  (b), are investigative data and are confidential or protected 
  6.19  nonpublic while the investigation is active.  The data are 
  6.20  private after the investigation becomes inactive under section 
  6.21  13.82, subdivision 5, paragraph (a) or (b). 
  6.22     (d) Mental health data shall be treated as provided in 
  6.23  subdivisions 7, 8, and 9, but is not subject to the access 
  6.24  provisions of subdivision 10, paragraph (b). 
  6.25     Sec. 2.  Minnesota Statutes 1996, section 13.794, 
  6.26  subdivision 1, is amended to read: 
  6.27     Subdivision 1.  [CONFIDENTIAL DATA OR PROTECTED NONPUBLIC 
  6.28  DATA.] Data, notes, and preliminary drafts of reports created, 
  6.29  collected, and maintained by the internal audit offices of state 
  6.30  agencies and political subdivisions, or persons performing 
  6.31  audits for state agencies and political subdivisions, and 
  6.32  relating to an audit or investigation are confidential data on 
  6.33  individuals or protected nonpublic data until the final report 
  6.34  has been published or the audit or investigation is no longer 
  6.35  being pursued actively.  Notwithstanding this subdivision, the 
  6.36  reporting requirements of sections 6.67 and 609.456 shall be 
  7.1   followed.  This section shall not be interpreted to limit in any 
  7.2   way: 
  7.3      (1) the state auditor's access to government data of 
  7.4   political subdivisions or data, notes, or preliminary drafts of 
  7.5   reports of persons performing audits for political subdivisions; 
  7.6   or 
  7.7      (2) the public or a data subject's access to data 
  7.8   classified by section 13.43. 
  7.9      Sec. 3.  Minnesota Statutes 1996, section 13.82, is amended 
  7.10  by adding a subdivision to read: 
  7.11     Subd. 3b.  [DOMESTIC ABUSE DATA.] The written police report 
  7.12  required by section 629.341, subdivision 4, of an alleged 
  7.13  incident described in section 629.341, subdivision 1, and arrest 
  7.14  data, request for service data, and response or incident data 
  7.15  described in subdivision 2, 3, or 4 that arise out of this type 
  7.16  of incident or out of an alleged violation of an order for 
  7.17  protection must be released upon request at no cost to an 
  7.18  organization designated by the Minnesota center for crime 
  7.19  victims services, the department of corrections, or the 
  7.20  department of public safety as providing services to victims of 
  7.21  domestic abuse.  The executive director or the commissioner of 
  7.22  the appropriate state agency shall develop written criteria for 
  7.23  this designation in consultation with the battered women's 
  7.24  advisory council. 
  7.25     Sec. 4.  Minnesota Statutes 1996, section 13.82, is amended 
  7.26  by adding a subdivision to read: 
  7.27     Subd. 5f.  [RELEASE OF CHILD ABUSE DATA TO CHILDREN'S 
  7.28  SERVICE PROVIDER.] Notwithstanding subdivision 5a or 5b, if a 
  7.29  law enforcement agency believes that reasonable grounds exist to 
  7.30  support allegations of maltreatment of a child by a children's 
  7.31  service worker, the agency may disclose data relating to the 
  7.32  incident to the children's service provider for whom the worker 
  7.33  provides services.  For purposes of this subdivision, 
  7.34  "children's service provider" and "children's service worker" 
  7.35  have the meanings given in section 299C.61. 
  7.36     Sec. 5.  Minnesota Statutes 1996, section 13.85, 
  8.1   subdivision 2, is amended to read: 
  8.2      Subd. 2.  [PRIVATE DATA.] Unless the data are summary data 
  8.3   or arrest data, or a statute specifically provides a different 
  8.4   classification, corrections and detention data on individuals 
  8.5   are classified as private pursuant to section 13.02, subdivision 
  8.6   12, to the extent that the release of the data would either (a) 
  8.7   disclose personal, medical, psychological, or financial 
  8.8   information, or personal information not related to their lawful 
  8.9   confinement or detainment or (b) endanger an individual's life. 
  8.10     Sec. 6.  Minnesota Statutes 1996, section 13.99, is amended 
  8.11  by adding a subdivision to read: 
  8.12     Subd. 97b.  [CAPITAL INTENSIVE PUBLIC SERVICE PROPOSALS AND 
  8.13  NEGOTIATION DOCUMENTS.] Proposals received from vendors, and all 
  8.14  government data received from vendors or generated by a 
  8.15  municipality relating to negotiations with vendors, for capital 
  8.16  intensive public services are classified under section 471A.03, 
  8.17  subdivision 3.  
  8.18     Sec. 7.  Minnesota Statutes 1996, section 13.99, is amended 
  8.19  by adding a subdivision to read: 
  8.20     Subd. 114a.  [DOMESTIC ABUSE POLICE REPORTS.] Police 
  8.21  reports on domestic incidents are classified under section 
  8.22  629.341. 
  8.23     Sec. 8.  Minnesota Statutes 1996, section 171.12, 
  8.24  subdivision 1, is amended to read: 
  8.25     Subdivision 1.  [LICENSES FILED IN ALPHABETICAL ORDER.] The 
  8.26  department shall file every application for a driver's license 
  8.27  received by it and shall maintain suitable indices containing, 
  8.28  in alphabetical order: 
  8.29     (1) all applications denied and the reason for denial; 
  8.30     (2) all applications granted; and 
  8.31     (3) the name of every person whose license has been 
  8.32  suspended, revoked, or canceled or who has been disqualified 
  8.33  from operating a commercial motor vehicle by the department, and 
  8.34  after each name the reasons for the action.  
  8.35     Notwithstanding section 260.161, data revealing that the 
  8.36  reason for the action under clause (3) is an order of the 
  9.1   juvenile court are accessible to the public. 
  9.2      Sec. 9.  Minnesota Statutes 1997 Supplement, section 
  9.3   260.161, subdivision 1, is amended to read: 
  9.4      Subdivision 1.  [RECORDS REQUIRED TO BE KEPT.] (a) The 
  9.5   juvenile court judge shall keep such minutes and in such manner 
  9.6   as the court deems necessary and proper.  Except as provided in 
  9.7   paragraph (b), the court shall keep and maintain records 
  9.8   pertaining to delinquent adjudications until the person reaches 
  9.9   the age of 28 years and shall release the records on an 
  9.10  individual to another juvenile court that has jurisdiction of 
  9.11  the juvenile, to a requesting adult court for purposes of 
  9.12  sentencing, or to an adult court or juvenile court as required 
  9.13  by the right of confrontation of either the United States 
  9.14  Constitution or the Minnesota Constitution.  The juvenile court 
  9.15  shall provide, upon the request of any other juvenile court, 
  9.16  copies of the records concerning adjudications involving the 
  9.17  particular child.  The court also may provide copies of records 
  9.18  concerning delinquency adjudications, on request, to law 
  9.19  enforcement agencies, probation officers, and corrections agents 
  9.20  if the court finds that providing these records serves public 
  9.21  safety or is in the best interests of the child.  Until July 1, 
  9.22  1999, juvenile court delinquency proceeding records of 
  9.23  adjudications, court transcripts, and delinquency petitions, 
  9.24  including any probable cause attachments that have been filed or 
  9.25  police officer reports relating to a petition, must be released 
  9.26  to requesting law enforcement agencies and prosecuting 
  9.27  authorities for purposes of investigating and prosecuting 
  9.28  violations of section 609.229, provided that psychological or 
  9.29  mental health reports may not be included with those records.  
  9.30  The records have the same data classification in the hands of 
  9.31  the agency receiving them as they had in the hands of the court 
  9.32  the records may release the records only as permitted under this 
  9.33  section or authorized by law. 
  9.34     The court shall also keep an index in which files 
  9.35  pertaining to juvenile matters shall be indexed under the name 
  9.36  of the child.  After the name of each file shall be shown the 
 10.1   file number and, if ordered by the court, the book and page of 
 10.2   the register in which the documents pertaining to such file are 
 10.3   listed.  The court shall also keep a register properly indexed 
 10.4   in which shall be listed under the name of the child all 
 10.5   documents filed pertaining to the child and in the order filed.  
 10.6   The list shall show the name of the document and the date of 
 10.7   filing thereof.  The juvenile court legal records shall be 
 10.8   deposited in files and shall include the petition, summons, 
 10.9   notice, findings, orders, decrees, judgments, and motions and 
 10.10  such other matters as the court deems necessary and proper.  
 10.11  Unless otherwise provided by law, all court records shall be 
 10.12  open at all reasonable times to the inspection of any child to 
 10.13  whom the records relate, and to the child's parent and guardian. 
 10.14     (b) The court shall retain records of the court finding 
 10.15  that a juvenile committed an act that would be a felony or gross 
 10.16  misdemeanor level offense until the offender reaches the age of 
 10.17  28.  If the offender commits a felony as an adult, or the court 
 10.18  convicts a child as an extended jurisdiction juvenile, the court 
 10.19  shall retain the juvenile records for as long as the records 
 10.20  would have been retained if the offender had been an adult at 
 10.21  the time of the juvenile offense.  This paragraph does not apply 
 10.22  unless the juvenile was provided counsel as required by section 
 10.23  260.155, subdivision 2. 
 10.24     Sec. 10.  Minnesota Statutes 1997 Supplement, section 
 10.25  268.19, is amended to read: 
 10.26     268.19 [INFORMATION.] 
 10.27     (a) Except as hereinafter otherwise provided, data gathered 
 10.28  from any employing unit employer or individual pursuant to the 
 10.29  administration of sections 268.03 to 268.23, and from any 
 10.30  determination as to the benefit rights of any individual are 
 10.31  private data on individuals or nonpublic data not on individuals 
 10.32  as defined in section 13.02, subdivisions 9 and 12, and may not 
 10.33  be disclosed except pursuant to a court order or section 13.05.  
 10.34  These data may be disseminated to and used by the following 
 10.35  agencies without the consent of the subject of the data:  
 10.36     (a) (1) state and federal agencies specifically authorized 
 11.1   access to the data by state or federal law; 
 11.2      (b) (2) any agency of this Minnesota or any other state; or 
 11.3   any federal agency charged with the administration of an 
 11.4   employment security law or the maintenance of a system of public 
 11.5   employment offices; 
 11.6      (c) local (3) human rights groups agencies within the 
 11.7   state which Minnesota that have enforcement powers; 
 11.8      (d) (4) the department of revenue shall have access to 
 11.9   department of economic security private data on individuals and 
 11.10  nonpublic data not on individuals only to the extent necessary 
 11.11  for enforcement of Minnesota tax laws; 
 11.12     (e) (5) public and private agencies responsible for 
 11.13  administering publicly financed assistance programs for the 
 11.14  purpose of monitoring the eligibility of the program's 
 11.15  recipients; 
 11.16     (f) (6) the department of labor and industry on an 
 11.17  interchangeable basis with the department of economic security 
 11.18  subject to the following limitations and notwithstanding any law 
 11.19  to the contrary:  
 11.20     (1) (i) the department of economic security shall have 
 11.21  access to private data on individuals and nonpublic data not on 
 11.22  individuals for uses consistent with the administration of its 
 11.23  duties under sections 268.03 to 268.23; and 
 11.24     (2) (ii) the department of labor and industry shall have 
 11.25  access to private data on individuals and nonpublic data not on 
 11.26  individuals for uses consistent with the administration of its 
 11.27  duties under state Minnesota law; 
 11.28     (g) (7) the department of trade and economic development 
 11.29  may have access to private data on individual employing units 
 11.30  employers and nonpublic data not on individual employing units 
 11.31  employers for its internal use only; when received by the 
 11.32  department of trade and economic development, the data remain 
 11.33  private data on individuals or nonpublic data; 
 11.34     (h) (8) local and state welfare agencies for monitoring the 
 11.35  eligibility of the data subject for assistance programs, or for 
 11.36  any employment or training program administered by those 
 12.1   agencies, whether alone, in combination with another welfare 
 12.2   agency, or in conjunction with the department of economic 
 12.3   security or to monitor and evaluate the statewide Minnesota 
 12.4   family investment program by providing data on recipients and 
 12.5   former recipients of food stamps, cash assistance under chapter 
 12.6   256, 256D, 256J, or 256K, child care assistance under chapter 
 12.7   119B, or medical programs under chapter 256B, 256D, or 256L; 
 12.8      (i) (9) local, state, and federal law enforcement agencies 
 12.9   for the sole purpose of ascertaining the last known address and 
 12.10  employment location of the data subject, provided the data 
 12.11  subject is the subject of a criminal investigation; and 
 12.12     (j) (10) the department of health may have access to 
 12.13  private data on individuals and nonpublic data not on 
 12.14  individuals solely for the purposes of epidemiologic 
 12.15  investigations.  
 12.16     (b) Data on individuals and employing units which employers 
 12.17  that are collected, maintained, or used by the department in an 
 12.18  investigation pursuant to section 268.182 are confidential as to 
 12.19  data on individuals and protected nonpublic data not on 
 12.20  individuals as defined in section 13.02, subdivisions 3 and 13, 
 12.21  and shall not be disclosed except pursuant to statute or court 
 12.22  order or to a party named in a criminal proceeding, 
 12.23  administrative or judicial, for preparation of a defense.  
 12.24     (c) Tape recordings and transcripts of recordings of 
 12.25  proceedings conducted in accordance with section 268.105 and 
 12.26  exhibits received into evidence at those proceedings are private 
 12.27  data on individuals and nonpublic data not on individuals and 
 12.28  shall be disclosed only pursuant to the administration of 
 12.29  section 268.105, or pursuant to a court order.  
 12.30     (d) Aggregate data about employers compiled from individual 
 12.31  job orders placed with the department of economic security are 
 12.32  private data on individuals and nonpublic data not on 
 12.33  individuals as defined in section 13.02, subdivisions 9 and 12, 
 12.34  if the commissioner determines that divulging the data would 
 12.35  result in disclosure of the identity of the employer.  
 12.36     (e) The general aptitude test battery and the nonverbal 
 13.1   aptitude test battery as administered by the department are also 
 13.2   classified as private data on individuals or nonpublic data.  
 13.3      (f) Data on individuals collected, maintained, or created 
 13.4   because an individual applies for benefits or services provided 
 13.5   by the energy assistance and weatherization programs 
 13.6   administered by the department of economic security is private 
 13.7   data on individuals and shall not be disseminated except 
 13.8   pursuant to section 13.05, subdivisions 3 and 4.  
 13.9      (g) Data gathered by the department pursuant to the 
 13.10  administration of sections 268.03 to 268.23 shall not be made 
 13.11  the subject or the basis for any suit in any civil proceedings, 
 13.12  administrative or judicial, unless the action is initiated by 
 13.13  the department. 
 13.14     Sec. 11.  Minnesota Statutes 1997 Supplement, section 
 13.15  270B.01, subdivision 8, is amended to read: 
 13.16     Subd. 8.  [MINNESOTA TAX LAWS.] For purposes of this 
 13.17  chapter only, unless expressly stated otherwise, "Minnesota tax 
 13.18  laws" means the taxes, refunds, and fees administered by or paid 
 13.19  to the commissioner under chapters 115B (except taxes imposed 
 13.20  under sections 115B.21 to 115B.24), 289A (except taxes imposed 
 13.21  under sections 298.01, 298.015, and 298.24), 290, 290A, 291, 
 13.22  297A, and 297H and sections 295.50 to 295.59, or any similar 
 13.23  Indian tribal tax administered by the commissioner pursuant to 
 13.24  any tax agreement between the state and the Indian tribal 
 13.25  government, and includes any laws for the assessment, 
 13.26  collection, and enforcement of those taxes, refunds, and fees. 
 13.27     Sec. 12.  Minnesota Statutes 1996, section 270B.02, 
 13.28  subdivision 3, is amended to read: 
 13.29     Subd. 3.  [CONFIDENTIAL DATA ON INDIVIDUALS; PROTECTED 
 13.30  NONPUBLIC DATA.] (a) Except as provided in paragraph (b), the 
 13.31  name or existence of an informer, informer letters, and other 
 13.32  unsolicited data, in whatever form, given to the department of 
 13.33  revenue by a person, other than the data subject, who informs 
 13.34  that a specific taxpayer is not or may not be in compliance with 
 13.35  tax laws, or nontax laws administered by the department of 
 13.36  revenue, including laws not listed in section 270B.01, 
 14.1   subdivision 8, are confidential data on individuals or protected 
 14.2   nonpublic data as defined in section 13.02, subdivisions 3 and 
 14.3   13. 
 14.4      (b) Data under paragraph (a) may be disclosed with the 
 14.5   consent of the informer or upon a written finding by a court 
 14.6   that the information provided by the informer was false and that 
 14.7   there is evidence that the information was provided in bad 
 14.8   faith.  This subdivision does not alter disclosure 
 14.9   responsibilities or obligations under the rules of criminal 
 14.10  procedure. 
 14.11     Sec. 13.  Minnesota Statutes 1996, section 270B.03, 
 14.12  subdivision 6, is amended to read: 
 14.13     Subd. 6.  [INVESTIGATIVE DATA.] Notwithstanding For 
 14.14  purposes of any law to the contrary, the disclosure of 
 14.15  administered by the department of revenue, including laws not 
 14.16  listed in section 270B.01, subdivision 8, investigative data 
 14.17  collected or created by the department of revenue in order to 
 14.18  prepare a case against a person, whether known or unknown, for 
 14.19  the commission of a crime is governed by section 13.82, 
 14.20  subdivision 5, confidential or protected nonpublic during an 
 14.21  investigation.  When the investigation becomes inactive, as 
 14.22  defined in section 13.82, subdivision 5, the previous 
 14.23  classifications otherwise applicable under any other laws become 
 14.24  effective. 
 14.25     Sec. 14.  Minnesota Statutes 1996, section 270B.12, 
 14.26  subdivision 6, is amended to read: 
 14.27     Subd. 6.  [DEPARTMENT OF REVENUE EMPLOYEES; ATTORNEY 
 14.28  GENERAL.] Returns and return information may shall be open to 
 14.29  inspection by or disclosure to an employee or agent of the 
 14.30  department of revenue and the attorney general only for the 
 14.31  purpose of and to the extent necessary to administer tax laws. 
 14.32     Sec. 15.  Minnesota Statutes 1997 Supplement, section 
 14.33  299C.095, subdivision 2, is amended to read: 
 14.34     Subd. 2.  [RETENTION.] (a) Notwithstanding section 138.17, 
 14.35  the bureau shall retain juvenile history records for the time 
 14.36  periods provided in this subdivision.  Notwithstanding contrary 
 15.1   provisions of paragraphs (b) to (e), all data in a juvenile 
 15.2   history record must be retained for the longest time period 
 15.3   applicable to any item in the individual juvenile history 
 15.4   record.  If, before data are destroyed under this subdivision, 
 15.5   the subject of the data is convicted of a felony as an adult, 
 15.6   the individual's juvenile history record must be retained for 
 15.7   the same time period as an adult criminal history record. 
 15.8      (b) Juvenile history data on a child who was arrested must 
 15.9   be destroyed six months after the arrest if the child has not 
 15.10  been referred to a diversion program and no petition has been 
 15.11  filed against the child by that time. 
 15.12     (c) Juvenile history data on a child against whom a 
 15.13  delinquency petition was filed and subsequently dismissed must 
 15.14  be destroyed upon receiving notice from the court that the 
 15.15  petition was dismissed. 
 15.16     (d) Juvenile history data on a child who was referred to a 
 15.17  diversion program or against whom a delinquency petition has 
 15.18  been filed and continued for dismissal must be destroyed when 
 15.19  the child reaches age 21. 
 15.20     (e) Juvenile history data on a child against whom a 
 15.21  delinquency petition was filed and continued without 
 15.22  adjudication, or a child who was found to have committed a 
 15.23  felony or gross misdemeanor-level offense, must be destroyed 
 15.24  when the child reaches age 28.  If the offender commits a felony 
 15.25  violation as an adult, the bureau shall retain the data for as 
 15.26  long as the data would have been retained if the offender had 
 15.27  been an adult at the time of the juvenile offense. 
 15.28     (f) The bureau shall retain extended jurisdiction juvenile 
 15.29  data on an individual received under section 260.161, 
 15.30  subdivision 1a, paragraph (c), for as long as the data would 
 15.31  have been retained if the offender had been an adult at the time 
 15.32  of the offense. 
 15.33     (g) Data retained on individuals under this subdivision are 
 15.34  private data under section 13.02, except that extended 
 15.35  jurisdiction juvenile data become public data under section 
 15.36  13.87, subdivision 2, when the juvenile court notifies the 
 16.1   bureau that the individual's adult sentence has been executed 
 16.2   under section 260.126, subdivision 5. 
 16.3      (h) A person who receives data on a juvenile under 
 16.4   paragraphs (b) to (e) from the bureau shall destroy the data 
 16.5   according to the schedule in this subdivision, unless the person 
 16.6   has access to the data under other law.  The bureau shall 
 16.7   include a notice of the destruction schedule with all data it 
 16.8   disseminates on juveniles. 
 16.9      Sec. 16.  Minnesota Statutes 1997 Supplement, section 
 16.10  471A.03, subdivision 3, is amended to read: 
 16.11     Subd. 3.  [PROCUREMENT PROCEDURES.] The municipality may 
 16.12  agree under the service contract that the private vendor will 
 16.13  acquire, construct, alter, repair, or maintain any and all 
 16.14  related facilities without compliance with any competitive 
 16.15  bidding requirements.  The municipality may enter into the 
 16.16  service contract only after requesting from two or more private 
 16.17  vendors proposals for the furnishing of the capital intensive 
 16.18  public services under terms and conditions the municipality 
 16.19  determines to be fair and reasonable.  After making the request 
 16.20  and receiving any proposals in response to the request, the 
 16.21  municipality may negotiate the service contract with any private 
 16.22  vendor that responds to the request for proposals.  The 
 16.23  municipality, at its discretion, may classify all or portions of 
 16.24  any (1) proposals received from vendors, and (2) government data 
 16.25  received from vendors or generated by the municipality relating 
 16.26  to negotiations with the vendors, as nonpublic data under 
 16.27  section 13.02, subdivision 9, or as protected nonpublic data 
 16.28  under section 13.02, subdivision 13, until completion of 
 16.29  negotiations with all the vendors and, if the municipality 
 16.30  solicits a best and final offer from one or more vendors, until 
 16.31  the offers are received from all vendors who are requested to 
 16.32  submit such an offer.  
 16.33     Sec. 17.  Minnesota Statutes 1996, section 629.341, 
 16.34  subdivision 4, is amended to read: 
 16.35     Subd. 4.  [REPORT REQUIRED.] Whenever a peace officer 
 16.36  investigates an allegation that an incident described in 
 17.1   subdivision 1 has occurred, whether or not an arrest is made, 
 17.2   the officer shall make a written police report of the alleged 
 17.3   incident.  The report must contain at least the following 
 17.4   information:  the name, address and telephone number of the 
 17.5   victim, a statement as to whether an arrest occurred, the name 
 17.6   of the arrested person, and a brief summary of the incident.  
 17.7   The report required by the subdivision is private data on 
 17.8   individuals but must be provided upon request, at no cost, to 
 17.9   organizations designated by the Minnesota crime victims services 
 17.10  center, the department of public safety, or the commissioner of 
 17.11  corrections that are providing services to victims of domestic 
 17.12  abuse.  The officer shall submit the report to the officer's 
 17.13  supervisor or other person to whom the employer's rules or 
 17.14  policies require reports of similar allegations of criminal 
 17.15  activity to be made. 
 17.16     Sec. 18.  [REVISOR'S INSTRUCTION.] 
 17.17     In the next edition of Minnesota Statutes, the revisor must 
 17.18  renumber section 13.794 as 13.392 or otherwise include it among 
 17.19  appropriate sections that refer to both state agencies and 
 17.20  political subdivisions in Minnesota Statutes, chapter 13. 
 17.21     Sec. 19.  [REPEALER.] 
 17.22     Minnesota Statutes 1996, section 270.10, subdivision 3, is 
 17.23  repealed.  
 17.24     Sec. 20.  [EFFECTIVE DATE.] 
 17.25     The amendment to Minnesota Statutes 1997 Supplement, 
 17.26  section 13.46, subdivision 2, clause (25), in section 1, is 
 17.27  effective the day following final enactment. 
 17.28     Sections 2 and 18 are effective July 1, 1998. 
 17.29     Sections 6, 11, 12, 13, 14, 16, and 19 are effective the 
 17.30  the day following final enactment.