SF 1883

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to data practices; classifying certain State
Board of Investment data; providing for certain
security information and data; regulating certain
motor vehicle and driver records; classifying certain
animal health data; amending Minnesota Statutes 2004,
sections 11A.24, subdivision 6; 13.37, subdivisions 1,
2, 3; 13.591, by adding subdivisions; 13.635, by
adding a subdivision; 13.643, by adding a subdivision;
16C.06, subdivision 5; 168.346; 169.09, by adding a
subdivision; 171.12, subdivision 7.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 11A.24,
subdivision 6, is amended to read:

Subd. 6.

Other investments.

(a) In addition to the
investments authorized in subdivisions 1 to 5, and subject to
the provisions in paragraph (b), the state board may invest
funds in:

(1) venture capital investment businesses through
participation in limited partnerships, trusts, private
placements, limited liability corporations, limited liability
companies, limited liability partnerships, and corporations;

(2) real estate ownership interests or loans secured by
mortgages or deeds of trust or shares of real estate investment
trusts through investment in limited partnerships, bank
sponsored collective funds, trusts, mortgage participation
agreements, and insurance company commingled accounts, including
separate accounts;

(3) regional and mutual funds through bank sponsored
collective funds and open-end investment companies registered
under the Federal Investment Company Act of 1940, and closed-end
mutual funds listed on an exchange regulated by a governmental
agency;

(4) resource investments through limited partnerships,
trusts, private placements, limited liability corporations,
limited liability companies, limited liability partnerships, and
corporations; and

(5) international securities.

(b) The investments authorized in paragraph (a) must
conform to the following provisions:

(1) the aggregate value of all investments made according
to paragraph (a), clauses (1) to (4), may not exceed 35 percent
of the market value of the fund for which the state board is
investing;

(2) there must be at least four unrelated owners of the
investment other than the state board for investments made under
paragraph (a), clause (1), (2), (3), or (4);

(3) state board participation in an investment vehicle is
limited to 20 percent thereof for investments made under
paragraph (a), clause (1), (2), (3), or (4); and

(4) state board participation in a limited partnership does
not include a general partnership interest or other interest
involving general liability. The state board may not engage in
any activity as a limited partner which creates general
liability.

new text begin (c) All financial, business, or proprietary data collected,
created, received, or maintained by the state board in
connection with investments authorized by paragraph (a), clause
(1), (2), or (4), are nonpublic data under section 13.02,
subdivision 9. As used in this section, "financial, business,
or proprietary data" means data, as determined by the
responsible authority for the state board: (i) that is of a
financial, business, or proprietary nature; and (ii) the release
of which could cause competitive harm to the state board, the
legal entity in which the state board has invested or has
considered an investment, the managing entity of an investment,
or a portfolio company in which the legal entity holds an
interest. As used in this section, "business data" is data
described in section 13.591, subdivision 1. Regardless of
whether they could be considered financial, business, or
proprietary data, the following data received, prepared, used,
or retained by the state board in connection with investments
authorized by paragraph (a), clause (1), (2), or (4), are public
at all times:
new text end

new text begin (1) the name and industry group classification of the legal
entity in which the state board has invested or in which the
state board has considered an investment;
new text end

new text begin (2) the state board commitment amount, if any;
new text end

new text begin (3) the funded amount of the state board's commitment to
date, if any;
new text end

new text begin (4) the market value of the investment by the state board;
new text end

new text begin (5) the state board's internal rate of return for the
investment, including expenditures and receipts used in the
calculation of the investment's internal rate of return; and
new text end

new text begin (6) the age of the investment in years.
new text end

Sec. 2.

Minnesota Statutes 2004, section 13.37,
subdivision 1, is amended to read:

Subdivision 1.

Definitions.

As used in this section, the
following terms have the meanings given them.

(a) "Security information" means government data the
disclosure of which would be likely to substantially jeopardize
the security of information, possessions, individuals or
property against theft, tampering, improper use, attempted
escape, illegal disclosure, trespass, or physical injury.
"Security information" includes crime prevention block maps and
lists of volunteers who participate in community crime
prevention programs and their home addresses and telephone
numbers.

(b) "Trade secret information" means government data,
including a formula, pattern, compilation, program, device,
method, technique or process (1) that was supplied by the
affected individual or organization, (2) that is the subject of
efforts by the individual or organization that are reasonable
under the circumstances to maintain its secrecy, and (3) that
derives independent economic value, actual or potential, from
not being generally known to, and not being readily
ascertainable by proper means by, other persons who can obtain
economic value from its disclosure or use.

(c) "Labor relations information" means management
positions on economic and noneconomic items that have not been
presented during the collective bargaining process or interest
arbitration, including information specifically collected or
created to prepare the management position.

(d) "Parking space leasing data" means the following
government data on an applicant for, or lessee of, a parking
space: residence address, home telephone number, beginning and
ending work hours, place of employment, work telephone number,
and location of the parking space.

deleted text begin (e) "Internal competitive proposal" means a proposal to
provide government services that is prepared by the staff of a
political subdivision in competition with proposals solicited by
the political subdivision from the private sector.
deleted text end

Sec. 3.

Minnesota Statutes 2004, section 13.37,
subdivision 2, is amended to read:

Subd. 2.

Classification.

The following government data
is classified as nonpublic data with regard to data not on
individuals, pursuant to section 13.02, subdivision 9, and as
private data with regard to data on individuals, pursuant to
section 13.02, subdivision 12: Security information; trade
secret information; sealed absentee ballots prior to opening by
an election judge; sealed bids, including the number of bids
received, prior to the opening of the bids; deleted text begin internal competitive
proposals prior to the time specified by a political subdivision
for the receipt of private sector proposals for the services;
deleted text end parking space leasing data; and labor relations information,
provided that specific labor relations information which relates
to a specific labor organization is classified as protected
nonpublic data pursuant to section 13.02, subdivision 13.

Sec. 4.

Minnesota Statutes 2004, section 13.37,
subdivision 3, is amended to read:

Subd. 3.

Data dissemination.

new text begin (a) new text end Crime prevention block
maps and names, home addresses, and telephone numbers of
volunteers who participate in community crime prevention
programs may be disseminated to volunteers participating in
crime prevention programs. The location of a National Night Out
event is public data.

new text begin (b) A government entity may make security information
accessible to any person, entity, or the public if the
government entity determines that the access will aid public
health, promote public safety, or assist law enforcement.
new text end

Sec. 5.

Minnesota Statutes 2004, section 13.591, is
amended by adding a subdivision to read:

new text begin Subd. 4. new text end

new text begin Classification of evaluative data; data
sharing. new text end

new text begin (a) Data created or maintained by a government entity
as part of the selection or evaluation process referred to in
this section are protected nonpublic data until completion of
the selection process or completion of the evaluation process at
which time the data are public with the exception of trade
secret data as defined and classified in section 13.37.
new text end

new text begin (b) If a state agency asks employees of other state
agencies to assist with the selection of the responses to a
request for bid or the evaluation of responses to a request for
proposal, the state agency may share not public data in the
responses with those employees. The employees participating in
the selection or evaluation may not further disseminate the not
public data they review.
new text end

Sec. 6.

Minnesota Statutes 2004, section 13.591, is
amended by adding a subdivision to read:

new text begin Subd. 5. new text end

new text begin Internal competitive response. new text end

new text begin (a) For purposes
of this subdivision, "internal competitive response" means a bid
or proposal to provide government goods or services that is
prepared by the staff of a government entity in competition with
bids or proposals solicited by (1) the same government entity
from the private sector or (2) a different government entity
from the private sector.
new text end

new text begin (b) Data in an internal competitive response is classified
as private or nonpublic until completion of the selection
process or completion of the evaluation process at which time
the data are public with the exception of trade secret data as
defined and classified in section 13.37.
new text end

Sec. 7.

Minnesota Statutes 2004, section 13.635, is
amended by adding a subdivision to read:

new text begin Subd. 1a. new text end

new text begin State board of investment. new text end

new text begin Certain government
data of the State Board of Investment related to investments are
classified under section 11A.24, subdivision 6.
new text end

Sec. 8.

Minnesota Statutes 2004, section 13.643, is
amended by adding a subdivision to read:

new text begin Subd. 6. new text end

new text begin Animal premise data. new text end

new text begin (a) The following data
collected and maintained by the Board of Animal Health related
to registration and identification of premises and animals under
chapter 35, are classified as private or nonpublic:
new text end

new text begin (1) the names and addresses;
new text end

new text begin (2) the location of the premises where animals are kept;
and
new text end

new text begin (3) the identification number of the premises or the animal.
new text end

new text begin (b) The Board of Animal Health may disclose data collected
under paragraph (a) to any person, agency, or to the public if
the board determines that the access will aid in the law
enforcement process or promote public or animal health or safety.
new text end

Sec. 9.

Minnesota Statutes 2004, section 16C.06,
subdivision 5, is amended to read:

Subd. 5.

State as responder.

The head of an agency, in
consultation with the requesting agency and the commissioner,
may respond to a solicitation or request if the goods and
services meet the needs of the requesting agency and provide the
state with the best value. When an agency responds to a
solicitation, all work product relating to the response is
deleted text begin nonpublic data as defined in section 13.02, and shall become
public information in accordance with subdivision 3 deleted text end new text begin classified
by section 13.591, subdivision 5 new text end .

Sec. 10.

Minnesota Statutes 2004, section 168.346, is
amended to read:

168.346 PRIVACY OF deleted text begin NAME OR RESIDENCE ADDRESS deleted text end new text begin PERSONAL
INFORMATION new text end .

deleted text begin (a) The registered owner of a motor vehicle may request in
writing that the owner's residence address or name and residence
address be classified as private data on individuals, as defined
in section 13.02, subdivision 12. The commissioner shall grant
the classification upon receipt of a signed statement by the
owner that the classification is required for the safety of the
owner or the owner's family, if the statement also provides a
valid, existing address where the owner consents to receive
service of process. The commissioner shall use the mailing
address in place of the residence address in all documents and
notices pertaining to the motor vehicle. The residence address
or name and residence address and any information provided in
the classification request, other than the mailing address, are
private data on individuals and may be provided to requesting
law enforcement agencies, probation and parole agencies, and
public authorities, as defined in section 518.54, subdivision
9. deleted text end new text begin Subdivision 1. new text end [VEHICLE REGISTRATION DATA; FEDERAL
COMPLIANCE.] new text begin (a) Data on an individual provided to register a
vehicle is classified as provided by United States Code, title
18, section 2721, subsection (a).
new text end

(b) deleted text begin An individual deleted text end new text begin The new text end registered owner of a deleted text begin motor deleted text end vehicle
deleted text begin must be informed in a clear and conspicuous manner on the forms
for issuance or renewal of titles and registrations, that the
owner's personal information deleted text end new text begin who is an individual new text end may deleted text begin be
disclosed deleted text end new text begin consent in writing to the commissioner to disclose the
individual's personal information exempted by United States
Code, title 18, section 2721, subsection (a), new text end to any person who
makes a new text begin written new text end request for the personal information deleted text begin , and that,
except for uses permitted by United States Code, title 18,
section 2721, subsection (b), deleted text end new text begin . If new text end the registered owner deleted text begin may
prohibit disclosure of the personal information by so indicating
on the form deleted text end new text begin is an individual and so authorizes disclosure, the
commissioner shall implement the request new text end . deleted text begin For purposes of this
paragraph, access by requesters making requests described in
section 168.345, subdivision 4, is deemed to be related to
public safety.
deleted text end

(c) deleted text begin At the time of registration or renewal, deleted text end new text begin If authorized
by new text end the deleted text begin individual deleted text end registered owner deleted text begin of a motor vehicle must also
be informed in a clear and conspicuous manner on forms that deleted text end new text begin as
indicated in paragraph (b), new text end the new text begin registered new text end owner's personal
information may be used, rented, or sold solely for bulk
distribution by organizations for business purposes including
surveys, marketing, deleted text begin and deleted text end new text begin or new text end solicitation. deleted text begin The commissioner shall
implement methods and procedures that enable the registered
owner to request that bulk surveys, marketing, or solicitation
not be directed to the owner. If the registered owner so
requests, the commissioner shall implement the request in a
timely manner and the personal information may not be so used.
deleted text end

deleted text begin (d) deleted text end new text begin Subd. 2. new text end [PERSONAL INFORMATION DISCLOSURE FOR PUBLIC
SAFETY.] The commissioner shall disclose personal information
when the use is related to the operation new text begin or use new text end of a deleted text begin motor
deleted text end vehicle or new text begin to new text end public safety. The use of personal information is
related to public safety if it concerns the physical safety or
security of drivers, vehicles, pedestrians, or property. The
commissioner may refuse to disclose data under this deleted text begin paragraph
deleted text end new text begin subdivision new text end when the commissioner concludes that the requester
is likely to use the data for illegal, improper, or
noninvestigative purposes.

deleted text begin (e) To the extent permitted by United States Code, title
18, section 2721, data on individuals provided to register a
motor vehicle is public data on individuals and shall be
disclosed as permitted by United States Code, title 18, section
2721, subsection (b). deleted text end new text begin Subd. 3. new text end [PRIVACY CLASSIFICATION FOR
PERSONAL SAFETY.] new text begin The registered owner of a vehicle who is an
individual may request, in writing, that the registered owner's
residence address or name and residence address be classified as
"private data on individuals," as defined in section 13.02,
subdivision 12. The commissioner shall grant the classification
on receipt of a signed statement by the registered owner that
the classification is required for the safety of the registered
owner or the registered owner's family, if the statement also
provides a valid, existing address where the registered owner
consents to receive service of process. The commissioner shall
use the service of process mailing address in place of the
registered owner's residence address in all documents and
notices pertaining to the vehicle. The residence address or
name and residence address and any information provided in the
classification request, other than the individual's service for
process mailing address, are private data on individuals but may
be provided to requesting law enforcement agencies, probation
and parole agencies, and public authorities, as defined in
section 518.54, subdivision 9.
new text end

Sec. 11.

Minnesota Statutes 2004, section 169.09, is
amended by adding a subdivision to read:

new text begin Subd. 16. new text end

new text begin Information; vehicle owners. new text end

new text begin If an accident
report has been prepared by a person involved in an accident and
no report has been prepared by a law enforcement officer, the
owners of the vehicles involved in an accident shall have the
same access to information about the vehicles, their owners, and
their drivers that would have been available to a law
enforcement officer reporting on the accident.
new text end

Sec. 12.

Minnesota Statutes 2004, section 171.12,
subdivision 7, is amended to read:

Subd. 7.

Privacy of deleted text begin residence address deleted text end new text begin data new text end .

(a) deleted text begin An
applicant for deleted text end new text begin Data on individuals provided to obtain new text end a driver's
license or a Minnesota identification card deleted text begin may request that the
applicant's residence address be classified as private data on
individuals, as defined in section 13.02, subdivision 12. The
commissioner shall grant the classification upon receipt of a
signed statement by the individual that the classification is
required for the safety of the applicant or the applicant's
family, if the statement also provides a valid, existing address
where the applicant consents to receive service of process. The
commissioner shall use the mailing address in place of the
residence address in all documents and notices pertaining to the
driver's license or identification card. The residence address
and any information provided in the classification request,
other than the mailing address, are private data on individuals
and may be provided to requesting law enforcement agencies,
probation and parole agencies, and public authorities, as
defined in section 518.54, subdivision 9 deleted text end new text begin is classified as
provided by United States Code, title 18, section 2721,
subsection (a) new text end .

(b) An applicant for a driver's license or a Minnesota
identification card deleted text begin must be informed in a clear and conspicuous
manner on the forms for the issuance or renewal that deleted text end new text begin may
consent, in writing, to the commissioner to disclose new text end the
applicant's personal information deleted text begin may be disclosed deleted text end new text begin exempted by
United States Code, title 18, section 2721, subsection (a), new text end to
any person who makes a request for the personal information deleted text begin , and
that except for uses permitted by United States Code, title 18,
section 2721, subsection (b), the applicant may prohibit
disclosure of the personal information by so indicating on the
form deleted text end . new text begin If the applicant so authorizes disclosures, the
commissioner shall implement the request and the information may
be used.
new text end

(c) new text begin If authorized by new text end an applicant for a driver's license or
a Minnesota identification card deleted text begin must be also informed in a clear
and conspicuous manner on forms that deleted text end new text begin , as indicated in paragraph
(b), new text end the applicant's personal information may be used, rented,
or sold solely for bulk distribution by organizations for
business purposes, including surveys, marketing, or
solicitation. deleted text begin The commissioner shall implement methods and
procedures that enable the applicant to request that bulk
surveys, marketing, or solicitation not be directed to the
applicant. If the applicant so requests, the commissioner shall
implement the request in a timely manner and the personal
information may not be so used.
deleted text end

(d) deleted text begin To the extent permitted by United States Code, title
18, section 2721, data on individuals provided to obtain a
Minnesota identification card or a driver's license is public
data on individuals and shall be disclosed as permitted by
United States Code, title 18, section 2721, subsection (b). deleted text end new text begin An
applicant for a driver's license, instruction permit, or
Minnesota identification card may request that the applicant's
residence address be classified as "private data on
individuals," as defined in section 13.02, subdivision 12. The
commissioner shall grant the classification on receipt of a
signed statement by the individual that the classification is
required for the safety of the applicant or the applicant's
family, if the statement also provides a valid, existing address
where the applicant consents to receive service of process. The
commissioner shall use the service for process mailing address
in place of the residence address in all documents and notices
pertaining to the driver's license, instruction permit, or
Minnesota identification card. The residence address and any
information provided in the classification request, other than
the mailing address, are private data on individuals and may be
provided to requesting law enforcement agencies, probation and
parole agencies, and public authorities, as defined in section
518.54, subdivision 9.
new text end

new text begin (e) A person shall not retain any information from
magnetically, electronically, or otherwise scanning a driver's
license, permit, or state identification card, except the
document holder's name; date of birth; driver's license, permit,
or state identification card number; and document expiration
date. A person shall not use any of this retained information
for advertising, marketing, or promotional activities. A person
shall not sell and shall not otherwise disseminate the retained
information to any third party for any purpose, including any
advertising, marketing, or promotional activities, except that
retained information may be provided under a court order or as
authorized elsewhere in law. Information obtained by the person
shall be destroyed immediately if not specifically authorized to
be retained in this paragraph. A violation of this subdivision
is a violation of section 171.24 or 171.241.
new text end