SF 3132

4th Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to data practices; regulating the collection, use, and disclosure of certain
data; classifying certain data; modifying the powers and duties of certain
commissioners; regulating tribal identification cards; authorizing the exchange of
certain information; permitting the use of a secure subscription service; providing
civil remedies; providing criminal penalties; amending Minnesota Statutes 2004,
sections 13.072, subdivision 1; 13.3805, by adding a subdivision; 13.87, by
adding a subdivision; 136A.162; 138.17, subdivisions 7, 8; 144.128; 144.335, by
adding a subdivision; 181.032; 626.557, subdivision 9a; Minnesota Statutes 2005
Supplement, sections 171.02, subdivision 1; 270C.03, subdivision 1; 299C.40,
subdivisions 1, 6; 299C.405; 325E.59, subdivision 1; proposing coding for new
law in Minnesota Statutes, chapters 10A; 13; 171; 299A; 325F.

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

Section 1.

new text begin [10A.027] INFORMATION ON WEB SITE.
new text end

new text begin The board must not post on its Web site any canceled checks, bank account numbers,
credit card account numbers, or Social Security numbers that may be in the board's
possession as a result of report or statement filings, complaints, or other proceedings
under this chapter.
new text end

Sec. 2.

Minnesota Statutes 2004, section 13.072, subdivision 1, is amended to read:

Subdivision 1.

Opinion; when required.

(a) Upon request of a government entity,
the commissioner may give a written opinion on any question relating to public access
to government data, rights of subjects of data, or classification of data under this chapter
or other Minnesota statutes governing government data practices. Upon request of any
person who disagrees with a determination regarding data practices made by a government
entity, the commissioner may give a written opinion regarding the person's rights as a
subject of government data or right to have access to government data.

(b) Upon request of a body subject to chapter 13D, the commissioner may give a
written opinion on any question relating to the body's duties under chapter 13D. Upon
request of a person who disagrees with the manner in which members of a governing body
perform their duties under chapter 13D, the commissioner may give a written opinion
on compliance with chapter 13D. A governing body or person requesting an opinion
under this paragraph must pay the commissioner a fee of $200. Money received by the
commissioner under this paragraph is appropriated to the commissioner for the purposes
of this section.

(c) If the commissioner determines that no opinion will be issued, the commissioner
shall give the government entity or body subject to chapter 13D or person requesting
the opinion notice of the decision not to issue the opinion within five new text begin business new text end new text begin new text end days of
receipt of the request. If this notice is not given, the commissioner shall issue an opinion
within 20 days of receipt of the request.

(d) For good cause and upon written notice to the person requesting the opinion,
the commissioner may extend this deadline for one additional 30-day period. The notice
must state the reason for extending the deadline. The government entity or the members
of a body subject to chapter 13D must be provided a reasonable opportunity to explain the
reasons for its decision regarding the data or how they perform their duties under chapter
13D. The commissioner or the government entity or body subject to chapter 13D may
choose to give notice to the subject of the data concerning the dispute regarding the data
or compliance with chapter 13D.

(e) This section does not apply to a determination made by the commissioner of
health under section 13.3805, subdivision 1, paragraph (b), or 144.6581.

(f) A written opinion issued by the attorney general shall take precedence over an
opinion issued by the commissioner under this section.

Sec. 3.

Minnesota Statutes 2004, section 13.3805, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Drinking water testing data. new text end

new text begin Data maintained by the Department
of Health or community public water systems that identify the address of the testing
site and the name, address, and telephone number of residential homeowners of each
specific site that is tested for lead and copper as required by the federal Safe Drinking
Water Act, the United States Environmental Protection Agency's lead and copper rule,
and the department's drinking water protection program are private data on individuals
or nonpublic data.
new text end

Sec. 4.

new text begin [13.386] TREATMENT OF GENETIC INFORMATION HELD BY
GOVERNMENT ENTITIES AND OTHER PERSONS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin (a) "Genetic information" means information about an
identifiable individual derived from the presence, absence, alteration, or mutation of
a gene, or the presence or absence of a specific DNA or RNA marker, which has been
obtained from an analysis of:
new text end

new text begin (1) the individual's biological information or specimen; or
new text end

new text begin (2) the biological information or specimen of a person to whom the individual
is related.
new text end

new text begin (b) "Genetic information" also means medical or biological information collected
from an individual about a particular genetic condition that is or might be used to provide
medical care to that individual or the individual's family members.
new text end

new text begin Subd. 2. new text end

new text begin Private data. new text end

new text begin Genetic information held by a government entity is private
data on individuals as defined by section 13.02, subdivision 12.
new text end

new text begin Subd. 3. new text end

new text begin Collection, storage, use, and dissemination of genetic information.
new text end

new text begin Unless otherwise expressly provided by law, genetic information about an individual:
new text end

new text begin (1) may be collected by a government entity, as defined in section 13.02, subdivision
7a, or any other person only with the written informed consent of the individual;
new text end

new text begin (2) may be used only for purposes to which the individual has given written
informed consent;
new text end

new text begin (3) may be stored only for a period of time to which the individual has given written
informed consent; and
new text end

new text begin (4) may be disseminated only:
new text end

new text begin (i) with the individual's written informed consent; or
new text end

new text begin (ii) if necessary in order to accomplish purposes described by clause (2). A consent
to disseminate genetic information under item (i) must be signed and dated. Unless
otherwise provided by law, such a consent is valid for one year or for a lesser period
specified in the consent.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to
genetic information collected on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2004, section 13.87, is amended by adding a subdivision to
read:

new text begin Subd. 4. new text end

new text begin Name and index service data. new text end

new text begin (a) For purposes of this section, "name
and event index service data" means data of the Bureau of Criminal Apprehension that
link data on an individual that are stored in one or more databases maintained by criminal
justice agencies, as defined in section 299C.46, subdivision 2, or the judiciary.
new text end

new text begin (b) Name and event index service data are private data on individuals, provided
that if the data link private or public data on an individual to confidential data on that
individual, the data are confidential data on that individual. The data become private data
if the data no longer link private or public data to confidential data. The classification of
data in the name and event index service does not change the classification of the data in
the databases linked by the service.
new text end

Sec. 6.

Minnesota Statutes 2004, section 136A.162, is amended to read:

136A.162 CLASSIFICATION OF DATA.

deleted text begin All deleted text end new text begin (a) Except as provided in paragraphs (b) and (c), new text end data on applicants for financial
assistance collected and used by the Higher Education Services Office for student
financial aid programs administered by that office deleted text begin shall be classified as deleted text end new text begin are new text end private data
on individuals deleted text begin under deleted text end new text begin as defined in new text end section 13.02, subdivision 12. deleted text begin Exceptions to this
classification are that:
deleted text end

deleted text begin (a) the names and addresses of program recipients or participants are public data;
deleted text end

(b) Data on applicants may be disclosed to the commissioner of human services
to the extent necessary to determine eligibility under section 136A.121, subdivision 2,
clause (5) deleted text begin ; and deleted text end new text begin . new text end

(c) The following data collected in the Minnesota supplemental loan program under
section 136A.1701 may be disclosed to a consumer credit reporting agency only if the
borrower and the cosigner give informed consent, according to section 13.05, subdivision
4, at the time of application for a loan:

(1) the lender-assigned borrower identification number;

(2) the name and address of borrower;

(3) the name and address of cosigner;

(4) the date the account is opened;

(5) the outstanding account balance;

(6) the dollar amount past due;

(7) the number of payments past due;

(8) the number of late payments in previous 12 months;

(9) the type of account;

(10) the responsibility for the account; and

(11) the status or remarks code.

Sec. 7.

Minnesota Statutes 2004, section 138.17, subdivision 7, is amended to read:

Subd. 7.

Records management deleted text begin program deleted text end .

deleted text begin A records management program for the
application of efficient and economical management methods to the creation, utilization,
maintenance, retention, preservation, and disposal of official records shall be administered
by the commissioner of administration with assistance from the director of the historical
society. The State Records Center which stores and services state records not in state
archives shall be administered by the commissioner of administration. The commissioner
of administration is empowered to (1) establish standards, procedures, and techniques for
effective management of government records, (2) make continuing surveys of paper work
operations, and (3) recommend improvements in current records management practices
including the use of space, equipment, and supplies employed in creating, maintaining,
preserving and disposing of government records. deleted text end It shall be the duty of the head of each
state agency and the governing body of each county, municipality, and other subdivision
of government deleted text begin to cooperate with the commissioner in conducting surveys and deleted text end to establish
and maintain an active, continuing program for the economical and efficient management
of the records of each agency, county, municipality, or other subdivision of government.
deleted text begin When requested by the commissioner, deleted text end Public officials shall deleted text begin assist in the preparation of deleted text end new text begin
prepare new text end an inclusive inventory of records in their custody, to which shall be attached
a schedule, approved by the head of the governmental unit or agency having custody
of the records deleted text begin and the commissioner deleted text end , establishing a time period for the retention or
disposal of each series of records. When the schedule is unanimously approved by the
records disposition panel, the head of the governmental unit or agency having custody
of the records may dispose of the type of records listed in the schedule at a time and in
a manner prescribed in the schedule for particular records which were created after the
approval. A list of records disposed of pursuant to this subdivision shall be maintained by
the governmental unit or agency.

Sec. 8.

Minnesota Statutes 2004, section 138.17, subdivision 8, is amended to read:

Subd. 8.

Emergency records preservation.

deleted text begin In light of the danger of nuclear or
natural disaster, the commissioner of administration, with the assistance of the director
of the historical society, shall establish and maintain a program for the selection and
preservation of public records considered essential to the operation of government and to
the protection of the rights and interests of persons, and shall make or cause to be made
preservation duplicates or designate as preservation duplicates existing copies of such
essential public records. Preservation duplicates shall be durable, accurate, complete, and
clear, and such duplicates reproduced by photographic or other process which accurately
reproduces and forms a durable medium for so reproducing the original shall have the
same force and effect for all purposes as the original record whether the original record is
in existence or not. A transcript, exemplification, or certified copy of such preservation
duplicate shall be deemed for all purposes to be a transcript, exemplification, or certified
copy of the original record. Such preservation duplicates shall be preserved in the place
and manner of safekeeping prescribed by the commissioner.
deleted text end

Every county, municipality, or other subdivision of government may institute
a program for the preservation of necessary documents essential to the continuity of
government new text begin in the event of a disaster or emergency new text end . deleted text begin Such a program shall first be
submitted to the commissioner for approval or disapproval and no such program shall be
instituted until such approval is obtained.
deleted text end

Sec. 9.

Minnesota Statutes 2004, section 144.128, is amended to read:

144.128 COMMISSIONER'S DUTIES.

The commissioner shall:

(1) notify the physicians of newborns tested of the results of the tests performed;

(2) make referrals for the necessary treatment of diagnosed cases of heritable and
congenital disorders when treatment is indicated;

(3) maintain a registry of the cases of heritable and congenital disorders detected by
the screening program for the purpose of follow-up services; deleted text begin and
deleted text end

(4) new text begin prepare a separate form for use by parents or by adults who were tested as minors
to direct that blood samples and test results be destroyed;
new text end

new text begin (5) comply with a destruction request within 45 days after receiving it;
new text end

new text begin (6) notify individuals who request destruction of samples and test results that the
samples and test results have been destroyed; and
new text end

new text begin (7) new text end adopt rules to carry out sections 144.125 to 144.128.

Sec. 10.

Minnesota Statutes 2004, section 144.335, is amended by adding a subdivision
to read:

new text begin Subd. 3d. new text end

new text begin Release of records for family and caretaker involvement in mental
health care. new text end

new text begin (a) Notwithstanding subdivision 3a, a provider providing mental health care
and treatment may disclose health record information described in paragraph (b) about a
patient to a family member of the patient or other person who requests the information if:
new text end

new text begin (1) the request for information is in writing;
new text end

new text begin (2) the family member or other person lives with, provides care for, or is directly
involved in monitoring the treatment of the patient;
new text end

new text begin (3) the involvement under clause (2) is verified by the patient's mental health care
provider, the patient's attending physician, or a person other than the person requesting the
information, and is documented in the patient's medical record;
new text end

new text begin (4) before the disclosure, the patient is informed in writing of the request, the name
of the person requesting the information, the reason for the request, and the specific
information being requested;
new text end

new text begin (5) the patient agrees to the disclosure, does not object to the disclosure, or is
unable to consent or object, and the patient's decision or inability to make a decision is
documented in the patient's medical record; and
new text end

new text begin (6) the disclosure is necessary to assist in the provision of care or monitoring of the
patient's treatment.
new text end

new text begin (b) The information disclosed under this subdivision is limited to diagnosis,
admission to or discharge from treatment, the name and dosage of the medications
prescribed, side effects of the medication, consequences of failure of the patient to take the
prescribed medication, and a summary of the discharge plan.
new text end

new text begin (c) If a provider reasonably determines that providing information under this
subdivision would be detrimental to the physical or mental health of the patient or is
likely to cause the patient to inflict self harm or to harm another, the provider must not
disclose the information. new text end

new text begin (d) This subdivision does not apply to disclosures for a medical emergency or to
family members as authorized or required under subdivision 3a, paragraph (b), clause
(1), or paragraph (f).
new text end

Sec. 11.

Minnesota Statutes 2005 Supplement, section 171.02, subdivision 1, is
amended to read:

Subdivision 1.

License required.

Except when expressly exempted, a person
shall not drive a motor vehicle upon a street or highway in this state unless the person
has a license valid under this chapter for the type or class of vehicle being driven. The
department shall not issue a driver's license to a person unless and until the person's license
from any jurisdiction has been invalidated. The department shall provide to the issuing
department of any jurisdiction, information that the licensee is now licensed in Minnesota.
A person is not permitted to have more than one valid driver's license at any time. The
department shall not issue to a person to whom a current Minnesota identification card has
been issued a driver's license, other than a limited license, unless the person's Minnesota
identification card has been invalidated. new text begin This subdivision does not require invalidation of
a tribal identification card as a condition of receiving a driver's license.
new text end

Sec. 12.

new text begin [171.072] TRIBAL IDENTIFICATION CARD.
new text end

new text begin (a) If a Minnesota identification card is deemed an acceptable form of identification
in Minnesota Statutes or Rules, a tribal identification card is also an acceptable form
of identification. A tribal identification card is a primary document for purposes of
Minnesota Rules, part 7410.0400, and successor rules.
new text end

new text begin (b) For purposes of this subdivision, "tribal identification card" means an unexpired
identification card issued by a Minnesota tribal government of a tribe recognized by the
Bureau of Indian Affairs, United States Department of the Interior, that contains the legal
name, date of birth, signature, and picture of the enrolled tribal member.
new text end

new text begin (c) The tribal identification card must contain security features that make it as
impervious to alteration as is reasonably practicable in its design and quality of material
and technology. The security features must use materials that are not readily available to
the general public. The tribal identification card must not be susceptible to reproduction
by photocopying or simulation and must be highly resistant to data or photograph
substitution and other tampering. The requirements of this section do not apply to tribal
identification cards used to prove an individual's residence for purposes of section
201.061, subdivision 3.
new text end

Sec. 13.

Minnesota Statutes 2004, section 181.032, is amended to read:

181.032 REQUIRED STATEMENT OF EARNINGS BY EMPLOYER.

At the end of each pay period, the employer shall deleted text begin give deleted text end new text begin provide new text end each employee an
earnings statement new text begin , either new text end in writing new text begin or by electronic means, new text end covering that pay period.
new text begin An employer who chooses to provide an earnings statement by electronic means must
provide employee access to an employer-owned computer during an employee's regular
working hours to review and print earnings statements. new text end The earnings statement may be in
any form determined by the employer but must include:

(a) the name of the employee;

(b) the hourly rate of pay (if applicable);

(c) the total number of hours worked by the employee unless exempt from chapter
177;

(d) the total amount of gross pay earned by the employee during that period;

(e) a list of deductions made from the employee's pay;

(f) the net amount of pay after all deductions are made;

(g) the date on which the pay period ends; and

(h) the legal name of the employer and the operating name of the employer if
different from the legal name.

new text begin An employer must provide earnings statements to an employee in writing, rather
than by electronic means, if the employer has received at least 24 hours notice from an
employee that the employee would like to receive earnings statements in written form.
Once an employer has received notice from an employee that the employee would like to
receive earnings statements in written form, the employer must comply with that request
on an ongoing basis.
new text end

Sec. 14.

Minnesota Statutes 2005 Supplement, section 270C.03, subdivision 1, is
amended to read:

Subdivision 1.

Powers and duties.

The commissioner shall have and exercise
the following powers and duties:

(1) administer and enforce the assessment and collection of taxes;

(2) make determinations, corrections, and assessments with respect to taxes,
including interest, additions to taxes, and assessable penalties;

(3) use statistical or other sampling techniques consistent with generally accepted
auditing standards in examining returns or records and making assessments;

(4) investigate the tax laws of other states and countries, and formulate and submit
to the legislature such legislation as the commissioner may deem expedient to prevent
evasions of state revenue laws and to secure just and equal taxation and improvement in
the system of state revenue laws;

(5) consult and confer with the governor upon the subject of taxation, the
administration of the laws in regard thereto, and the progress of the work of the
department, and furnish the governor, from time to time, such assistance and information
as the governor may require relating to tax matters;

(6) execute and administer any agreement with the secretary of the treasury new text begin or the
Bureau of Alcohol, Tobacco, Firearms, and Explosives in the Department of Justice new text end of the
United States or a representative of another state regarding the exchange of information
and administration of the state revenue laws;

(7) require town, city, county, and other public officers to report information as to the
collection of taxes received from licenses and other sources, and such other information
as may be needful in the work of the commissioner, in such form as the commissioner
may prescribe;

(8) authorize the use of unmarked motor vehicles to conduct seizures or criminal
investigations pursuant to the commissioner's authority; and

(9) exercise other powers and authority and perform other duties required of or
imposed upon the commissioner by law.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 15.

new text begin [299A.59] NOTICE OF MULTIPLE LAW ENFORCEMENT
OPERATIONS CONFLICTS.
new text end

new text begin (a) Notwithstanding section 299C.405, the Department of Public Safety may employ
a secure subscription service designed to promote and enhance officer safety during
tactical operations by and between federal, state, and local law enforcement agencies
by notifying law enforcement agencies of conflicts where multiple law enforcement
operations may be occurring on the same subject or vehicle or on or near the same
location. The notification may include warrant executions, surveillance activities, SWAT
activities, and undercover operations.
new text end

new text begin (b) Data created, collected, received, maintained, or disseminated by this system is
classified as criminal investigative data as defined in section 13.82, subdivision 7.
new text end

Sec. 16.

Minnesota Statutes 2005 Supplement, section 299C.40, subdivision 1, is
amended to read:

Subdivision 1.

Definitions.

(a) The definitions in this subdivision apply to this
section.

(b) "CIBRS" means the Comprehensive Incident-Based Reporting System, located
in the Department of Public Safety and managed by the Bureau of Criminal Apprehension,
Criminal Justice Information Systems Section. A reference in this section to "CIBRS"
includes the Bureau of Criminal Apprehension.

(c) "Law enforcement agency" means a Minnesota municipal police department,
the Metropolitan Transit Police, the Metropolitan Airports Police, the University of
Minnesota Police Department, new text begin the Department of Corrections' Fugitive Apprehension
Unit, new text end a Minnesota county sheriff's department, the Bureau of Criminal Apprehension, or
the Minnesota State Patrol.

Sec. 17.

Minnesota Statutes 2005 Supplement, section 299C.40, subdivision 6, is
amended to read:

Subd. 6.

Access to CIBRS data by data subject.

new text begin (a) new text end Upon request to the Bureau
of Criminal Apprehension or to a law enforcement agency participating in CIBRS an
individual shall be informed whether the individual is the subject of private or confidential
data held by CIBRS. An individual who is the subject of private data held by CIBRS may
obtain access to the data by making a request to the Bureau of Criminal Apprehension
or to a participating law enforcement agency. Private data provided to the subject under
this subdivision must also include the name of the law enforcement agency that submitted
the data to CIBRS and the name, telephone number, and address of the responsible
authority for the data.

new text begin (b) If an individual who is the subject of private data held by CIBRS requests access
to the data or release of the data to a third party, the individual must appear in person at
the Bureau of Criminal Apprehension or a participating law enforcement agency to give
informed consent to the data access or release.
new text end

Sec. 18.

Minnesota Statutes 2005 Supplement, section 299C.405, is amended to read:

299C.405 SUBSCRIPTION SERVICE.

(a) For the purposes of this section "subscription service" means a process by which
law enforcement agency personnel may obtain ongoing, automatic electronic notice of any
contacts an individual has with any criminal justice agency.

(b) The Department of Public Safety must not establish a subscription service
without prior legislative authorization new text begin ; except that, the Bureau of Criminal Apprehension
may employ a secure subscription service designed to promote and enhance officer safety
during tactical operations by and between federal, state, and local law enforcement
agencies by notifying law enforcement agencies of conflicts where multiple law
enforcement operations may be occurring on the same subject or vehicle or on or near the
same location. The notification may include warrant executions, surveillance activities,
SWAT activities, and undercover operations new text end .

Sec. 19.

Minnesota Statutes 2005 Supplement, section 325E.59, subdivision 1, is
amended to read:

Subdivision 1.

Generally.

new text begin (a) new text end A person or entity, not including a government entity,
may not do any of the following:

(1) publicly post or publicly display in any manner an individual's Social Security
number. "Publicly post" or "publicly display" means to intentionally communicate or
otherwise make available to the general public;

(2) print an individual's Social Security number on any card required for the
individual to access products or services provided by the person or entity;

(3) require an individual to transmit the individual's Social Security number over
the Internet, unless the connection is secure or the Social Security number is encrypted new text begin ,
except as required by titles XVIII and XIX of the Social Security Act and by Code of
Federal Regulations, title 42, section 483.20 new text end ;

(4) require an individual to use the individual's Social Security number to access an
Internet Web site, unless a password or unique personal identification number or other
authentication device is also required to access the Internet Web site; deleted text begin or
deleted text end

(5) print a number that the person or entity knows to be an individual's Social
Security number on any materials that are mailed to the individual, unless state or federal
law requires the Social Security number to be on the document to be mailed. If, in
connection with a transaction involving or otherwise relating to an individual, a person
or entity receives a number from a third party, that person or entity is under no duty to
inquire or otherwise determine whether the number is or includes that individual's Social
Security number and may print that number on materials mailed to the individual, unless
the person or entity receiving the number has actual knowledge that the number is or
includes the individual's Social Security number deleted text begin . deleted text end new text begin ;
new text end

new text begin (6) assign or use a number as the primary account identifier that is identical to or
incorporates an individual's complete Social Security number; or
new text end

new text begin (7) sell Social Security numbers obtained from individuals in the course of business.
new text end

Notwithstanding clauses (1) to (5), Social Security numbers may be included in
applications and forms sent by mail, including documents sent as part of an application or
enrollment process, or to establish, amend, or terminate an account, contract, or policy,
or to confirm the accuracy of the Social Security number. Nothing in this paragraph
authorizes inclusion of a Social Security number on the outside of a mailing new text begin or in the bulk
mailing of a credit card solicitation offer new text end .

new text begin (b) A person or entity, not including a government entity, must restrict access to
individual Social Security numbers it holds so that only employees who require the
numbers in order to perform their job duties have access to the numbers, except as required
by titles XVIII and XIX of the Social Security Act and by Code of Federal Regulations,
title 42, section 483.20.
new text end

new text begin (c) new text end Except as provided in subdivision 2, this section applies only to the use of Social
Security numbers on or after July 1, 2007.

Sec. 20.

new text begin [325F.675] FRAUD RELATED TO CONSUMER TELEPHONE
RECORDS.
new text end

new text begin Subdivision 1. new text end

new text begin Prohibited acts. new text end

new text begin Whoever:
new text end

new text begin (1) knowingly procures, attempts to procure, solicits, or conspires with another to
procure, a telephone record of any resident of this state without the authorization of the
customer to whom the record pertains or by fraudulent, deceptive, or false means;
new text end

new text begin (2) knowingly sells, or attempts to sell, a telephone record of any resident of this
state without the authorization of the customer to whom the record pertains; or
new text end

new text begin (3) receives a telephone record of any resident of this state knowing that such record
has been obtained without the authorization of the customer to whom the record pertains
or by fraudulent, deceptive, or false means,
new text end

new text begin is guilty of a violation of this section.
new text end

new text begin Subd. 2. new text end

new text begin Penalties. new text end

new text begin (a) A violation of this section is a gross misdemeanor punishable
by a sentence of up to one year, a fine of $3,000, or both.
new text end

new text begin (b) Each subsequent violation is a felony punishable by a sentence of up to five
years, a fine of $5,000, or both.
new text end

new text begin (c) A violation of this section is subject to a $5,000 civil penalty.
new text end

new text begin Subd. 3. new text end

new text begin Definitions. new text end

new text begin For purposes of this subdivision:
new text end

new text begin (1) "Telephone record" means information retained by a telephone company that
relates to a telephone number dialed from the customer's telephone, an incoming call
directed to a customer's telephone, or other data related to calls typically contained on
a customer's telephone bill, including, but not limited to, the time the call started and
ended, the duration of the call, the time of day the call was made, charges applied, and
information indicating the location from which or to which calls were made. For purposes
of this section, any information collected and retrieved by customers using caller ID or
other similar technology is not a telephone record.
new text end

new text begin (2) "Procure" means to obtain by any means, whether electronically, in writing, or in
oral form, with or without consideration.
new text end

new text begin (3) "Telephone company" means any person or other entity that provides commercial
telephone service to a customer, irrespective of the communications technology used to
provide the service, including, but not limited to, traditional wireline or cable telephone
service; cellular, broadband PCS, or other wireless telephone service; microwave, satellite,
or other terrestrial telephone service; and voice over Internet telephone service.
new text end

new text begin Subd. 4. new text end

new text begin Unfair or deceptive trade practices; consumer protection. new text end

new text begin Except as
otherwise provided by this section, a violation of this section constitutes an unfair or
deceptive trade practice under section 325D.44.
new text end

new text begin Subd. 5. new text end

new text begin Information security. new text end

new text begin (a) Telephone companies that maintain telephone
records of a resident of this state shall establish reasonable procedures to protect against
unauthorized or fraudulent disclosure of such records which could result in substantial
harm or inconvenience to a customer.
new text end

new text begin (b) No private right of action is authorized under this subdivision.
new text end

new text begin Subd. 6. new text end

new text begin Nonapplicability to telephone companies. new text end

new text begin No provisions of this section
shall be construed to prohibit a telephone company from obtaining, using, disclosing, or
permitting access to any telephone record, either directly or indirectly, through its agents:
new text end

new text begin (1) unless prohibited by law;
new text end

new text begin (2) with the lawful consent of the customer or subscriber;
new text end

new text begin (3) as may be necessarily incident to the rendition of the service, to initiate, render,
bill, and collect customer charges, or to the protection of the rights or property of the
provider of that service, or to protect users of those services and other carriers from
fraudulent, abusive, or unlawful use of, or subscription to, such services;
new text end

new text begin (4) in connection with the sale or transfer of all or part of a business, or the purchase
or acquisition of a portion or all of a business, or the migration of a customer from one
carrier to another;
new text end

new text begin (5) to a governmental entity, if the telephone company reasonably believes that an
emergency involving immediate danger of death or serious physical injury to any person
justifies disclosure of the information; or
new text end

new text begin (6) to the National Center for Missing and Exploited Children, in connection with a
report submitted under section 227 of the federal Victims of Child Abuse Act of 1990.
new text end

new text begin Subd. 7. new text end

new text begin Enforcement. new text end

new text begin Violations of this section are enforced under section 8.31.
new text end

Sec. 21.

Minnesota Statutes 2004, section 626.557, subdivision 9a, is amended to read:

Subd. 9a.

Evaluation and referral of reports made to a common entry
point unit.

The common entry point must screen the reports of alleged or suspected
maltreatment for immediate risk and make all necessary referrals as follows:

(1) if the common entry point determines that there is an immediate need for
adult protective services, the common entry point agency shall immediately notify the
appropriate county agency;

(2) if the report contains suspected criminal activity against a vulnerable adult, the
common entry point shall immediately notify the appropriate law enforcement agency;

(3) if the report references alleged or suspected maltreatment and there is no
immediate need for adult protective services, the common entry point shall notify the
appropriate lead agency as soon as possible, but in any event no longer than two working
days;

(4) if the report does not reference alleged or suspected maltreatment, the common
entry point may determine whether the information will be referred; and

(5) if the report contains information about a suspicious death, the common entry
point shall immediately notify the appropriate law enforcement agencies new text begin , the local medical
examiner, new text end and the ombudsman established under section 245.92. Law enforcement
agencies shall coordinate with the local medical examiner and the ombudsman as provided
by law.

Sec. 22. new text begin REPORTS REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Genetic information; work group. new text end

new text begin (a) The commissioner must
create a work group to develop principles for public policy on the use of genetic
information. The work group must include representatives of state government, including
the judicial branch, local government, prosecutors, public defenders, the American Civil
Liberties Union - Minnesota, the Citizens Council on Health Care, the University of
Minnesota Center on Bioethics, the Minnesota Medical Association, the Mayo Clinic
and Foundation, the March of Dimes, and representatives of employers, researchers,
epidemiologists, laboratories, and insurance companies.
new text end

new text begin (b) The commissioner of administration and the work group must conduct reviews
of the topics in paragraphs (c) to (f), in light of the issues raised in the report on treatment
of genetic information under state law required by Laws 2005, chapter 163, section 87.
The commissioner must report the results, including any recommendations for legislative
changes, to the chairs of the house Civil Law Committee and the senate Judiciary
Committee and the ranking minority members of those committees by January 15, 2008.
new text end

new text begin (c) The commissioner and the work group must determine whether changes are
needed in Minnesota Statutes, section 144.69, dealing with collection of information
from cancer patients and their relatives.
new text end

new text begin (d) The commissioner and the work group must make recommendations whether
all relatives affected by a formal three-generation pedigree created by the Department of
Health should be able to access the entire data set, rather than only allowing individuals
access to the data of which they are the subject.
new text end

new text begin (e) The commissioner and the work group must identify, and may make
recommendations among, options for resolving questions of secondary uses of genetic
information.
new text end

new text begin (f) The commissioner and the work group must make recommendations whether
legislative changes are needed regarding access to DNA test results and the specimens
used to create the test results held by the Bureau of Criminal Apprehension as part of
a criminal investigation.
new text end

new text begin Subd. 2. new text end

new text begin Further issues for study. new text end

new text begin Upon completion of the reports required by
subdivision 1, the commissioner and the work group must address the following issues
and report to the legislature as provided by subdivision 1:
new text end

new text begin (1) how genetic information is used by local government entities;
new text end

new text begin (2) what are common uses of genetic information by the private sector;
new text end

new text begin (3) retention schedules for genetic information held by government entities;
new text end

new text begin (4) whether regulation is needed of private companies that test biological samples to
perform genetic testing;
new text end

new text begin (5) whether a mechanism is needed to provide for sharing genetic test results on an
individual with relatives whose lives would be impacted by the information in the test
results; and
new text end

new text begin (6) whether individuals required to provide genetic information to government or
private entities need protection against genetic discrimination.
new text end