SF 393

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to child support; eliminating publication of 
  1.3             names of delinquent child support obligors; amending 
  1.4             Minnesota Statutes 1994, section 13.46, subdivision 2; 
  1.5             repealing Minnesota Statutes 1994, section 518.575. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 13.46, 
  1.8   subdivision 2, is amended to read: 
  1.9      Subd. 2.  [GENERAL.] (a) Unless the data is summary data or 
  1.10  a statute specifically provides a different classification, data 
  1.11  on individuals collected, maintained, used, or disseminated by 
  1.12  the welfare system is private data on individuals, and shall not 
  1.13  be disclosed except:  
  1.14     (1) pursuant to section 13.05; 
  1.15     (2) pursuant to court order; 
  1.16     (3) pursuant to a statute specifically authorizing access 
  1.17  to the private data; 
  1.18     (4) to an agent of the welfare system, including a law 
  1.19  enforcement person, attorney, or investigator acting for it in 
  1.20  the investigation or prosecution of a criminal or civil 
  1.21  proceeding relating to the administration of a program; 
  1.22     (5) to personnel of the welfare system who require the data 
  1.23  to determine eligibility, amount of assistance, and the need to 
  1.24  provide services of additional programs to the individual; 
  1.25     (6) to administer federal funds or programs; 
  2.1      (7) between personnel of the welfare system working in the 
  2.2   same program; 
  2.3      (8) the amounts of cash public assistance and relief paid 
  2.4   to welfare recipients in this state, including their names and 
  2.5   social security numbers, upon request by the department of 
  2.6   revenue to administer the property tax refund law, supplemental 
  2.7   housing allowance, and the income tax; 
  2.8      (9) to the Minnesota department of economic security for 
  2.9   the purpose of monitoring the eligibility of the data subject 
  2.10  for reemployment insurance, for any employment or training 
  2.11  program administered, supervised, or certified by that agency, 
  2.12  or for the purpose of administering any rehabilitation program, 
  2.13  whether alone or in conjunction with the welfare system, and to 
  2.14  verify receipt of energy assistance for the telephone assistance 
  2.15  plan; 
  2.16     (10) to appropriate parties in connection with an emergency 
  2.17  if knowledge of the information is necessary to protect the 
  2.18  health or safety of the individual or other individuals or 
  2.19  persons; 
  2.20     (11) data maintained by residential facilities as defined 
  2.21  in section 245A.02 may be disclosed to the protection and 
  2.22  advocacy system established in this state pursuant to Part C of 
  2.23  Public Law Number 98-527 to protect the legal and human rights 
  2.24  of persons with mental retardation or other related conditions 
  2.25  who live in residential facilities for these persons if the 
  2.26  protection and advocacy system receives a complaint by or on 
  2.27  behalf of that person and the person does not have a legal 
  2.28  guardian or the state or a designee of the state is the legal 
  2.29  guardian of the person; 
  2.30     (12) to the county medical examiner or the county coroner 
  2.31  for identifying or locating relatives or friends of a deceased 
  2.32  person; 
  2.33     (13) data on a child support obligor who makes payments to 
  2.34  the public agency may be disclosed to the higher education 
  2.35  coordinating board to the extent necessary to determine 
  2.36  eligibility under section 136A.121, subdivision 2, clause (5); 
  3.1      (14) participant social security numbers and names 
  3.2   collected by the telephone assistance program may be disclosed 
  3.3   to the department of revenue to conduct an electronic data match 
  3.4   with the property tax refund database to determine eligibility 
  3.5   under section 237.70, subdivision 4a; 
  3.6      (15) the current address of a recipient of aid to families 
  3.7   with dependent children may be disclosed to law enforcement 
  3.8   officers who provide the name and social security number of the 
  3.9   recipient and satisfactorily demonstrate that:  (i) the 
  3.10  recipient is a fugitive felon, including the grounds for this 
  3.11  determination; (ii) the location or apprehension of the felon is 
  3.12  within the law enforcement officer's official duties; and (iii) 
  3.13  the request is made in writing and in the proper exercise of 
  3.14  those duties; 
  3.15     (16) the current address of a recipient of general 
  3.16  assistance, work readiness, or general assistance medical care 
  3.17  may be disclosed to probation officers and corrections agents 
  3.18  who are supervising the recipient, and to law enforcement 
  3.19  officers who are investigating the recipient in connection with 
  3.20  a felony level offense; or 
  3.21     (17) information obtained from food stamp applicant or 
  3.22  recipient households may be disclosed to local, state, or 
  3.23  federal law enforcement officials, upon their written request, 
  3.24  for the purpose of investigating an alleged violation of the 
  3.25  food stamp act, in accordance with Code of Federal Regulations, 
  3.26  title 7, section 272.1(c); or 
  3.27     (18) data on a child support obligor who is in arrears may 
  3.28  be disclosed for purposes of publishing the data pursuant to 
  3.29  section 518.575. 
  3.30     (b) Information on persons who have been treated for drug 
  3.31  or alcohol abuse may only be disclosed in accordance with the 
  3.32  requirements of Code of Federal Regulations, title 42, sections 
  3.33  2.1 to 2.67. 
  3.34     (c) Data provided to law enforcement agencies under 
  3.35  paragraph (a), clause (15), (16), or (17), or paragraph (b), are 
  3.36  investigative data and are confidential or protected nonpublic 
  4.1   while the investigation is active.  The data are private after 
  4.2   the investigation becomes inactive under section 13.82, 
  4.3   subdivision 5, paragraph (a) or (b). 
  4.4      (d) Mental health data shall be treated as provided in 
  4.5   subdivisions 7, 8, and 9, but is not subject to the access 
  4.6   provisions of subdivision 10, paragraph (b). 
  4.7      Sec. 2.  [REPEALER.] 
  4.8      Minnesota Statutes 1994, section 518.575, is repealed.