Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

SF 596

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11
1.12 1.13
1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 2.1 2.2 2.3
2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14
2.15 2.16
2.17 2.18
2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31
2.32 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23
3.24 3.25 3.26 3.27 3.28
3.29 3.30 3.31 3.32 3.33 4.1 4.2
4.3 4.4 4.5 4.6 4.7
4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16
4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30
4.31 5.1 5.2 5.3 5.4
5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18
5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34
6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11
6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21
6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30
6.31 6.32 6.33 7.1 7.2 7.3 7.4 7.5 7.6 7.7
7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27
8.28 8.29 8.30 8.31 8.32 8.33 8.34 8.35
9.1 9.2 9.3 9.4 9.5 9.6
9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26
9.27 9.28 9.29 9.30 9.31 9.32 9.33 9.34 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10
10.11 10.12 10.13 10.14 10.15 10.16 10.17
10.18 10.19 10.20 10.21 10.22
10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30
10.31 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17
11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27
11.28 11.29 11.30 11.31 11.32 11.33 11.34
12.1 12.2 12.3 12.4 12.5 12.6
12.7 12.8 12.9 12.10
12.11 12.12 12.13 12.14 12.15 12.16 12.17
12.18 12.19 12.20 12.21 12.22

A bill for an act
relating to data practices; clarifying duties and classifications; making technical
changes; amending Minnesota Statutes 2006, sections 13.02, subdivision 11;
13.04, subdivisions 3, 4; 13.05, subdivision 10; 13.35; 13.355, subdivision 1;
13.384, subdivisions 1, 2; 13.39, subdivisions 1, 2, 3; 13.393; 13.40, subdivisions
1, 3; 13.41, subdivision 3; 13.43, subdivisions 2, 5, 7, 10, 11; 13.435; 13.44,
subdivisions 1, 2, 3; 13.462, subdivisions 2, 3; 13.48; 13.552, subdivision 3;
13.861, subdivision 1; 13.87, subdivision 2; proposing coding for new law in
Minnesota Statutes, chapter 13; repealing Minnesota Statutes 2006, section
13.79, subdivision 2.

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

ARTICLE 1

GENERAL

Section 1.

Minnesota Statutes 2006, section 13.04, subdivision 3, is amended to read:


Subd. 3.

Access to data by individual.

Upon request to a responsible authoritynew text begin
or designee
new text end, an individual shall be informed whether the individual is the subject of
stored data on individuals, and whether it is classified as public, private or confidential.
Upon further request, an individual who is the subject of stored private or public data on
individuals shall be shown the data without any charge and, if desired, shall be informed
of the content and meaning of that data. After an individual has been shown the private
data and informed of its meaning, the data need not be disclosed to that individual for
six months thereafter unless a dispute or action pursuant to this section is pending or
additional data on the individual has been collected or created. The responsible authority
new text begin or designee new text endshall provide copies of the private or public data upon request by the individual
subject of the data. The responsible authority new text beginor designee new text endmay require the requesting
person to pay the actual costs of makingdeleted text begin,deleted text end new text beginand new text endcertifyingdeleted text begin, and compilingdeleted text end the copies.

The responsible authority new text beginor designee new text endshall comply immediately, if possible, with
any request made pursuant to this subdivision, or within ten days of the date of the request,
excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible.

Sec. 2.

new text begin [13.7908] BUREAU OF MEDIATION SERVICES DATA.
new text end

new text begin Subdivision 1. new text end

new text begin Representation data. new text end

new text begin Authorization signatures or cards furnished in
support of a petition filed or election conducted under sections 179.16, 179.18 to 179.25,
and 179A.12, and ballots, prior to the time of tabulation, are classified as protected
nonpublic data or confidential data on individuals.
new text end

new text begin Subd. 2. new text end

new text begin Mediation data. new text end

new text begin Data received or maintained by the staff or commissioner
of the Bureau of Mediation Services during the course of providing mediation services to
the parties to a labor dispute under chapter 179 are classified as protected nonpublic data
or confidential data on individuals, except to the extent the commissioner of the Bureau of
Mediation Services determines access to data is necessary to fulfill the requirements of
section 179A.16 or to identify the general nature of or parties to a labor dispute.
new text end new text begin new text end

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, section 13.79, subdivision 2, new text end new text begin is repealed.
new text end

ARTICLE 2

GOVERNMENT ENTITY TERMINOLOGY

Section 1.

Minnesota Statutes 2006, section 13.02, subdivision 11, is amended to read:


Subd. 11.

Political subdivision.

"Political subdivision" means any county, statutory
or home rule charter city, school district, special district, any town exercising powers
under chapter 368 and located in the metropolitan area, as defined in section 473.121,
subdivision 2
, and any board, commission, district or authority created pursuant to law,
local ordinance or charter provision. It includes any nonprofit corporation which is a
community action agency organized pursuant to the Economic Opportunity Act of 1964
(Public Law 88-452) as amended, to qualify for public funds, or any nonprofit social
service agency which performs services under contract to deleted text beginany political subdivision,
statewide system or state agency
deleted text endnew text begin a government entitynew text end, to the extent that the nonprofit social
service agency or nonprofit corporation collects, stores, disseminates, and uses data on
individuals because of a contractual relationship with deleted text beginstate agencies, political subdivisions
or statewide systems
deleted text endnew text begin a government entitynew text end.

Sec. 2.

Minnesota Statutes 2006, section 13.04, subdivision 4, is amended to read:


Subd. 4.

Procedure when data is not accurate or complete.

(a) An individual
subject of the data may contest the accuracy or completeness of public or private data.
To exercise this right, an individual shall notify in writing the responsible authority
describing the nature of the disagreement. The responsible authority shall within 30 days
either: (1) correct the data found to be inaccurate or incomplete and attempt to notify past
recipients of inaccurate or incomplete data, including recipients named by the individual;
or (2) notify the individual that the authority believes the data to be correct. Data in
dispute shall be disclosed only if the individual's statement of disagreement is included
with the disclosed data.

The determination of the responsible authority may be appealed pursuant to the
provisions of the Administrative Procedure Act relating to contested cases. Upon receipt
of an appeal by an individual, the commissioner shall, before issuing the order and notice
of a contested case hearing required by chapter 14, try to resolve the dispute through
education, conference, conciliation, or persuasion. If the parties consent, the commissioner
may refer the matter to mediation. Following these efforts, the commissioner shall dismiss
the appeal or issue the order and notice of hearing.

(b) Data on individuals that have been successfully challenged by an individual must
be completed, corrected, or destroyed by a deleted text beginstate agency, political subdivision, or statewide
system
deleted text end new text begingovernment entity new text endwithout regard to the requirements of section 138.17.

After completing, correcting, or destroying successfully challenged data, a
government entity may retain a copy of the commissioner of administration's order issued
under chapter 14 or, if no order were issued, a summary of the dispute between the parties
that does not contain any particulars of the successfully challenged data.

Sec. 3.

Minnesota Statutes 2006, section 13.05, subdivision 10, is amended to read:


Subd. 10.

International dissemination.

No deleted text beginstate agency or political subdivisiondeleted text end
new text begin government entity new text endshall transfer or disseminate any private or confidential data on
individuals to the private international organization known as Interpol, except through the
Interpol-United States National Central Bureau, United States Department of Justice.

Sec. 4.

Minnesota Statutes 2006, section 13.35, is amended to read:


13.35 FEDERAL CONTRACTS DATA.

To the extent that a federal agency requires it as a condition for contracting with
a deleted text beginstate agency or political subdivisiondeleted text endnew text begin government entitynew text end, all government data collected
and maintained by the deleted text beginstate agency or political subdivisiondeleted text end new text begingovernment entity new text endbecause
that agency contracts with the federal agency are classified as either private or nonpublic
depending on whether the data are data on individuals or data not on individuals.

Sec. 5.

Minnesota Statutes 2006, section 13.355, subdivision 1, is amended to read:


Subdivision 1.

General.

The Social Security numbers of individuals collected or
maintained by a deleted text beginstate agency, statewide system, or political subdivisiondeleted text end new text begingovernment entity
new text endare private data on individuals, except to the extent that access to the Social Security
number is specifically authorized by law.

Sec. 6.

Minnesota Statutes 2006, section 13.384, subdivision 1, is amended to read:


Subdivision 1.

Definition.

As used in this section:

(a) "Directory information" means name of the patient, date admitted, and general
condition.

(b) "Medical data" means data collected because an individual was or is a patient
or client of a hospital, nursing home, medical center, clinic, health or nursing agency
operated by a deleted text beginstate agency or political subdivisiondeleted text end new text begingovernment entity new text endincluding business
and financial records, data provided by private health care facilities, and data provided by
or about relatives of the individual.

Sec. 7.

Minnesota Statutes 2006, section 13.384, subdivision 2, is amended to read:


Subd. 2.

Public hospitals; directory information.

(a) During the time that a person
is a patient in a hospital operated by a deleted text beginstate agency or political subdivisiondeleted text end new text begingovernment
entity
new text endunder legal commitment, directory information is public data. After the person is
released by termination of the person's legal commitment, the directory information is
private data on individuals.

(b) If a person is a patient other than pursuant to commitment in a hospital controlled
by a deleted text beginstate agency or political subdivisiondeleted text endnew text begin government entitynew text end, directory information is public
data unless the patient requests otherwise, in which case it is private data on individuals.

(c) Directory information about an emergency patient who is unable to communicate
which is public under this subdivision shall not be released until a reasonable effort is made
to notify the next of kin. Although an individual has requested that directory information
be private, the hospital may release directory information to a law enforcement agency
pursuant to a lawful investigation pertaining to that individual.

Sec. 8.

Minnesota Statutes 2006, section 13.39, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

A "pending civil legal action" includes but is not
limited to judicial, administrative or arbitration proceedings. Whether a civil legal action
is pending shall be determined by the chief attorney acting for the deleted text beginstate agency, political
subdivision or statewide system
deleted text endnew text begin government entitynew text end.

Sec. 9.

Minnesota Statutes 2006, section 13.39, subdivision 2, is amended to read:


Subd. 2.

Civil actions.

(a) Except as provided in paragraph (b), data collected
by state agencies, political subdivisions, or statewide systems as part of an active
investigation undertaken for the purpose of the commencement or defense of a pending
civil legal action, or which are retained in anticipation of a pending civil legal action, are
classified as protected nonpublic data pursuant to section 13.02, subdivision 13, in the
case of data not on individuals and confidential pursuant to section 13.02, subdivision
3
, in the case of data on individuals. Any agency, political subdivision, or statewide
system may make any data classified as confidential or protected nonpublic pursuant to
this subdivision accessible to any person, agency or the public if the agency, political
subdivision, or statewide system determines that the access will aid the law enforcement
process, promote public health or safety or dispel widespread rumor or unrest.

(b) A complainant has access to a statement provided by the complainant to a deleted text beginstate
agency, statewide system, or political subdivision
deleted text end new text begingovernment entity new text endunder paragraph (a).

Sec. 10.

Minnesota Statutes 2006, section 13.39, subdivision 3, is amended to read:


Subd. 3.

Inactive investigative data.

Inactive civil investigative data are public,
unless the release of the data would jeopardize another pending civil legal action, and
except for those portions of a civil investigative file that are classified as not public data by
this chapter or other law. Any civil investigative data presented as evidence in court or
made part of a court record shall be public. Civil investigative data become inactive upon
the occurrence of any of the following events:

(1) a decision by the deleted text beginstate agency, political subdivision, or statewide systemdeleted text end
new text begin government entity new text endor by the chief attorney acting for the deleted text beginstate agency, political subdivision,
or statewide system
deleted text end new text begingovernment entity new text endnot to pursue the civil action;

(2) expiration of the time to file a complaint under the statute of limitations or
agreement applicable to the civil action; or

(3) exhaustion of or expiration of rights of appeal by either party to the civil action.

Data determined to be inactive under clause (1) may become active if the deleted text beginstate
agency, political subdivision, statewide system
deleted text endnew text begin government entitynew text end, or its attorney decides
to renew the civil action.

Sec. 11.

Minnesota Statutes 2006, section 13.393, is amended to read:


13.393 ATTORNEYS.

Notwithstanding the provisions of this chapter and section 15.17, the use, collection,
storage, and dissemination of data by an attorney acting in a professional capacity for deleted text beginthe
state, a state agency or a political subdivision
deleted text end new text begina government entity new text endshall be governed by
statutes, rules, and professional standards concerning discovery, production of documents,
introduction of evidence, and professional responsibility; provided that this section shall
not be construed to affect the applicability of any statute, other than this chapter and section
15.17, which specifically requires or prohibits disclosure of specific information by the
attorney, nor shall this section be construed to relieve any responsible authority, other than
the attorney, from duties and responsibilities pursuant to this chapter and section 15.17.

Sec. 12.

Minnesota Statutes 2006, section 13.40, subdivision 1, is amended to read:


Subdivision 1.

Records subject to this chapter.

(a) For purposes of this section,
"historical records repository" means an archives or manuscript repository operated by
deleted text begin any state agency, statewide system, or political subdivisiondeleted text end new text begina government entity new text endwhose
purpose is to collect and maintain data to further the history of a geographic or subject
area. The term does not include the state archives as defined in section 138.17, subdivision
1
, clause (5).

(b) Data collected, maintained, used, or disseminated by a library or historical
records repository operated by deleted text beginany state agency, political subdivision, or statewide systemdeleted text end
new text begin a government entity new text endshall be administered in accordance with the provisions of this chapter.

Sec. 13.

Minnesota Statutes 2006, section 13.40, subdivision 3, is amended to read:


Subd. 3.

Nongovernmental data.

Data held in the custody of a historical records
repository that were not originally created, received, maintained, or disseminated by
a deleted text beginstate agency, statewide system, or political subdivisiondeleted text end new text begingovernment entity new text endare not
government data. These data are accessible to the public unless:

(1) the data are contributed by private persons under an agreement that restricts
access, to the extent of any lawful limitation; or

(2) access would significantly endanger the physical or organizational integrity of
the data.

Sec. 14.

Minnesota Statutes 2006, section 13.41, subdivision 3, is amended to read:


Subd. 3.

Board of Peace Officer Standards and Training.

The following
government data of the Board of Peace Officer Standards and Training are private data:

(1) home addresses of licensees and applicants for licenses; and

(2) data that identify the deleted text beginstate agency, statewide system, or political subdivisiondeleted text end
new text begin government entity new text endthat employs a licensed peace officer.

The board may disseminate private data on applicants and licensees as is necessary
to administer law enforcement licensure or to provide data under section 626.845,
subdivision 1
, to law enforcement agencies who are conducting employment background
investigations.

Sec. 15.

Minnesota Statutes 2006, section 13.43, subdivision 2, is amended to read:


Subd. 2.

Public data.

(a) Except for employees described in subdivision 5 and
subject to the limitations described in subdivision 5a, the following personnel data on
current and former employees, volunteers, and independent contractors of a government
entity is public:

(1) name; employee identification number, which must not be the employee's Social
Security number; actual gross salary; salary range; contract fees; actual gross pension; the
value and nature of employer paid fringe benefits; and the basis for and the amount of any
added remuneration, including expense reimbursement, in addition to salary;

(2) job title and bargaining unit; job description; education and training background;
and previous work experience;

(3) date of first and last employment;

(4) the existence and status of any complaints or charges against the employee,
regardless of whether the complaint or charge resulted in a disciplinary action;

(5) the final disposition of any disciplinary action together with the specific reasons
for the action and data documenting the basis of the action, excluding data that would
identify confidential sources who are employees of the public body;

(6) the terms of any agreement settling any dispute arising out of an employment
relationship, including a buyout agreement as defined in section 123B.143, subdivision 2,
paragraph (a); except that the agreement must include specific reasons for the agreement if
it involves the payment of more than $10,000 of public money;

(7) work location; a work telephone number; badge number; and honors and awards
received; and

(8) payroll time sheets or other comparable data that are only used to account for
employee's work time for payroll purposes, except to the extent that release of time sheet
data would reveal the employee's reasons for the use of sick or other medical leave
or other not public data.

(b) For purposes of this subdivision, a final disposition occurs when the deleted text beginstate agency,
statewide system, or political subdivision
deleted text end new text begingovernment entity new text endmakes its final decision about
the disciplinary action, regardless of the possibility of any later proceedings or court
proceedings. In the case of arbitration proceedings arising under collective bargaining
agreements, a final disposition occurs at the conclusion of the arbitration proceedings,
or upon the failure of the employee to elect arbitration within the time provided by the
collective bargaining agreement. Final disposition includes a resignation by an individual
when the resignation occurs after the final decision of the deleted text beginstate agency, statewide system,
political subdivision
deleted text endnew text begin government entitynew text end, or arbitrator.

(c) The deleted text beginstate agency, statewide system, or political subdivisiondeleted text end new text begingovernment entity
new text endmay display a photograph of a current or former employee to a prospective witness as
part of the deleted text beginstate agency's, statewide system's, or political subdivision'sdeleted text end new text begingovernment entity's
new text endinvestigation of any complaint or charge against the employee.

(d) A complainant has access to a statement provided by the complainant to a deleted text beginstate
agency, statewide system, or political subdivision
deleted text end new text begingovernment entity new text endin connection with a
complaint or charge against an employee.

(e) Notwithstanding paragraph (a), clause (5), upon completion of an investigation
of a complaint or charge against a public official, or if a public official resigns or is
terminated from employment while the complaint or charge is pending, all data relating to
the complaint or charge are public, unless access to the data would jeopardize an active
investigation or reveal confidential sources. For purposes of this paragraph, "public
official" means:

(1) the head of a state agency and deputy and assistant state agency heads;

(2) members of boards or commissions required by law to be appointed by the
governor or other elective officers; and

(3) executive or administrative heads of departments, bureaus, divisions, or
institutions.

Sec. 16.

Minnesota Statutes 2006, section 13.43, subdivision 5, is amended to read:


Subd. 5.

Undercover law enforcement officer.

All personnel data maintained by
deleted text begin any state agency, statewide system or political subdivisiondeleted text end new text begina government entity new text endrelating
to an individual employed as or an applicant for employment as an undercover law
enforcement officer are private data on individuals. When the individual is no longer
assigned to an undercover position, the data described in subdivisions 2 and 3 become
public unless the law enforcement agency determines that revealing the data would
threaten the personal safety of the officer or jeopardize an active investigation.

Sec. 17.

Minnesota Statutes 2006, section 13.43, subdivision 7, is amended to read:


Subd. 7.

Employee assistance data.

All data created, collected or maintained by
deleted text begin any state agency or political subdivisiondeleted text end new text begina government entity new text endto administer employee
assistance programs similar to the one authorized by section 43A.319 are classified as
private, pursuant to section 13.02, subdivision 12. This section shall not be interpreted to
authorize the establishment of employee assistance programs.

Sec. 18.

Minnesota Statutes 2006, section 13.43, subdivision 10, is amended to read:


Subd. 10.

Prohibition on agreements limiting disclosure or discussion of
personnel data.

(a) A deleted text beginstate agency, statewide system, or political subdivisiondeleted text end new text begingovernment
entity
new text endmay not enter into an agreement settling a dispute arising out of the employment
relationship with the purpose or effect of limiting access to or disclosure of personnel
data or limiting the discussion of information or opinions related to personnel data.
An agreement or portion of an agreement that violates this paragraph is void and
unenforceable.

(b) Paragraph (a) applies to the following, but only to the extent that the data or
information could otherwise be made accessible to the public:

(1) an agreement not to discuss, publicize, or comment on personnel data or
information;

(2) an agreement that limits the ability of the subject of personnel data to release or
consent to the release of data; or

(3) any other provision of an agreement that has the effect of limiting the disclosure
or discussion of information that could otherwise be made accessible to the public, except
a provision that limits the ability of an employee to release or discuss private data that
identifies other employees.

(c) Paragraph (a) also applies to a court order that contains terms or conditions
prohibited by paragraph (a).

Sec. 19.

Minnesota Statutes 2006, section 13.43, subdivision 11, is amended to read:


Subd. 11.

Protection of employee or others.

(a) If the responsible authority
or designee of a deleted text beginstate agency, statewide system, or political subdivisiondeleted text end new text begingovernment
entity
new text endreasonably determines that the release of personnel data is necessary to protect an
employee from harm to self or to protect another person who may be harmed by the
employee, data that are relevant to the concerns for safety may be released as provided
in this subdivision.

(b) The data may be released:

(1) to the person who may be harmed and to an attorney representing the person
when the data are relevant to obtaining a restraining order;

(2) to a prepetition screening team conducting an investigation of the employee
under section 253B.07, subdivision 1; or

(3) to a court, law enforcement agency, or prosecuting authority.

(c) Section 13.03, subdivision 4, paragraph (c), applies to data released under this
subdivision, except to the extent that the data have a more restrictive classification in the
possession of the agency or authority that receives the data. If the person who may be
harmed or the person's attorney receives data under this subdivision, the data may be used
or released further only to the extent necessary to protect the person from harm.

Sec. 20.

Minnesota Statutes 2006, section 13.435, is amended to read:


13.435 SALARY BENEFIT SURVEY DATA.

Salary and personnel benefit survey data purchased from consulting firms, nonprofit
corporations or associations or obtained from employers with the written understanding
that the data shall not be made public which is maintained by deleted text beginstate agencies, political
subdivisions or statewide systems
deleted text end new text begingovernment entities new text endare classified as nonpublic pursuant
to section 13.02, subdivision 9.

Sec. 21.

Minnesota Statutes 2006, section 13.44, subdivision 1, is amended to read:


Subdivision 1.

Real property; complaint data.

The identities of individuals who
register complaints with deleted text beginstate agencies or political subdivisionsdeleted text end new text begingovernment entities
new text endconcerning violations of state laws or local ordinances concerning the use of real property
are classified as confidential data, pursuant to section 13.02, subdivision 3.

Sec. 22.

Minnesota Statutes 2006, section 13.44, subdivision 2, is amended to read:


Subd. 2.

Real property; building code violations.

Code violation records
pertaining to a particular parcel of real property and the buildings, improvements, and
dwelling units located on it that are kept by any state, county, or city agency charged
by the governing body of the appropriate deleted text beginpolitical subdivisiondeleted text end new text begingovernment entity new text endwith
the responsibility for enforcing a state, county, or city health, housing, building, fire
prevention, or housing maintenance code are public data; except as otherwise provided by
section 13.39, subdivision 2; 13.44; or 13.82, subdivision 7.

Sec. 23.

Minnesota Statutes 2006, section 13.44, subdivision 3, is amended to read:


Subd. 3.

Real property; appraisal data.

(a) Confidential or protected nonpublic
data.
Estimated or appraised values of individual parcels of real property that are made by
personnel of deleted text beginthe state or a political subdivisiondeleted text end new text begina government entity new text endor by independent
appraisers acting for deleted text beginthe state or a political subdivisiondeleted text end new text begina government entity new text endfor the
purpose of selling or acquiring land through purchase or condemnation are classified as
confidential data on individuals or protected nonpublic data.

(b) Private or nonpublic data. Appraised values of individual parcels of real
property that are made by appraisers working for fee owners or contract purchasers who
have received an offer to purchase their property from deleted text beginthe state or a political subdivisiondeleted text end
new text begin a government entity new text endare classified as private data on individuals or nonpublic data.

(c) Public data. The data made confidential or protected nonpublic under paragraph
(a) or made private or nonpublic under paragraph (b) become public upon the occurrence
of any of the following:

(1) the data are submitted to a court-appointed condemnation commissioner;

(2) the data are presented in court in condemnation proceedings; or

(3) the negotiating parties enter into an agreement for the purchase and sale of the
property.

Sec. 24.

Minnesota Statutes 2006, section 13.462, subdivision 2, is amended to read:


Subd. 2.

Public data.

The names and addresses of applicants for and recipients of
benefits, aid, or assistance through programs administered by deleted text beginany political subdivision,
state agency, or statewide system
deleted text end new text begina government entity new text endthat are intended to assist with the
purchase, rehabilitation, or other purposes related to housing or other real property are
classified as public data on individuals. If an applicant or recipient is a corporation, the
names and addresses of the officers of the corporation are public data on individuals. If
an applicant or recipient is a partnership, the names and addresses of the partners are
public data on individuals. The amount or value of benefits, aid, or assistance received
is public data.

Sec. 25.

Minnesota Statutes 2006, section 13.462, subdivision 3, is amended to read:


Subd. 3.

Private data.

Unless otherwise provided by law, all other benefit data are
private data on individuals, and shall not be disclosed except pursuant to court order or to
an agent of the deleted text beginstate agency, political subdivision, or statewide systemdeleted text endnew text begin government entitynew text end,
including appropriate law enforcement personnel, who are acting in an investigation or
prosecution of a criminal or civil proceeding relating to the administration of a program
described in subdivision 1.

Sec. 26.

Minnesota Statutes 2006, section 13.48, is amended to read:


13.48 AWARD DATA.

Financial data on business entities submitted to a deleted text beginstate agency, statewide system, or
political subdivision
deleted text end new text begingovernment entity new text endfor the purpose of presenting awards to business
entities for achievements in business development or performance are private data on
individuals or nonpublic data.

Sec. 27.

Minnesota Statutes 2006, section 13.552, subdivision 3, is amended to read:


Subd. 3.

Data provided under subpoena.

Data supplied by a deleted text beginstate agency,
statewide system, or political subdivision
deleted text end new text begingovernment entity new text endpursuant to a subpoena issued
by the commissioner of human rights is governed by section 363A.06, subdivision 2.

Sec. 28.

Minnesota Statutes 2006, section 13.861, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

As used in this section:

(a) "Security service" means an organization that provides security services to a deleted text beginstate
agency or political subdivision
deleted text end new text begingovernment entity new text endas a part of the governmental entity or
under contract to it. Security service does not include a law enforcement agency.

(b) "Security service data" means all data collected, created, or maintained by a
security service for the purpose of providing security services.

Sec. 29.

Minnesota Statutes 2006, section 13.87, subdivision 2, is amended to read:


Subd. 2.

Firearms data.

All data pertaining to the purchase or transfer of firearms
and applications for permits to carry firearms which are collected by deleted text beginstate agencies,
political subdivisions or statewide systems
deleted text end new text begingovernment entities new text endpursuant to sections
624.712 to 624.719 are classified as private, pursuant to section 13.02, subdivision 12.