SF 596

1st Unofficial Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

1.1A bill for an act

1.2relating to government data practices; providing for parole and probation
1.3authorities to have access to certain records; modifying landowners' bill
1.4of rights; modifying data practices provisions in the Department of Labor
1.5and Industry; classifying certain transportation department data; classifying
1.6certain labor relations data related to the Metropolitan Council as nonpublic
1.7data; requiring state and local law enforcement agencies to provide certain
1.8information; clarifying duties and classifications; making technical changes;
1.9modifying damages for liability; authorizing an innocent party's name associated
1.10with a criminal history to be redacted under certain circumstances;amending
1.11Minnesota Statutes 2006, sections 13.02, subdivisions 8, 11; 13.03, subdivision
1.124; 13.04, subdivisions 3, 4; 13.05, subdivision 10; 13.072, subdivision 1; 13.08,
1.13subdivisions 1, 4; 13.202, subdivision 11; 13.32, subdivision 5; 13.35; 13.355,
1.14subdivision 1; 13.3806, by adding a subdivision; 13.384, subdivisions 1, 2;
1.1513.386, subdivision 3; 13.39, subdivisions 1, 2, 2a, 3; 13.392, subdivision 1;
1.1613.393; 13.40, subdivisions 1, 3; 13.41, subdivision 3; 13.43, subdivisions 2, 5, 7,
1.179, 10, 11; 13.435; 13.44, subdivisions 1, 2, 3; 13.462, subdivisions 1, 2, 3; 13.48;
1.1813.552, subdivision 3; 13.591, subdivision 4; 13.72, by adding subdivisions;
1.1913.861, subdivision 1; 13.87, subdivisions 1, 2, by adding a subdivision;
1.2084.0274, subdivision 5; 122A.33, subdivision 3; 144.125, subdivision 3; 171.07,
1.21subdivision 1a; 268.19, subdivision 1; 270B.01, subdivision 8; 270B.02,
1.22subdivision 3; 270B.085, by adding a subdivision; 270B.14, subdivision 3;
1.23273.1315; 325E.59, subdivisions 1, 3, by adding a subdivision; proposing coding
1.24for new law in Minnesota Statutes, chapters 13; 473; repealing Minnesota
1.25Statutes 2006, sections 13.79, subdivision 2; 325E.59, subdivision 2.
1.26BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.27    Section 1. Minnesota Statutes 2006, section 13.02, subdivision 8, is amended to read:
1.28    Subd. 8. Individual. "Individual" means a natural person. In the case of a minor or
1.29an individual adjudged mentally incompetent incapacitated person as defined in section
1.30524.5-102, subdivision 6, "individual" includes a parent or guardian or an individual
1.31acting as a parent or guardian in the absence of a parent or guardian, except that the
1.32responsible authority shall withhold data from parents or guardians, or individuals acting
2.1as parents or guardians in the absence of parents or guardians, upon request by the minor
2.2if the responsible authority determines that withholding the data would be in the best
2.3interest of the minor.

2.4    Sec. 2. Minnesota Statutes 2006, section 13.02, subdivision 11, is amended to read:
2.5    Subd. 11. Political subdivision. "Political subdivision" means any county, statutory
2.6or home rule charter city, school district, special district, any town exercising powers
2.7under chapter 368 and located in the metropolitan area, as defined in section 473.121,
2.8subdivision 2 , and any board, commission, district or authority created pursuant to law,
2.9local ordinance or charter provision. It includes any nonprofit corporation which is a
2.10community action agency organized pursuant to the Economic Opportunity Act of 1964
2.11(Public Law 88-452) as amended, to qualify for public funds, or any nonprofit social
2.12service agency which performs services under contract to any political subdivision,
2.13statewide system or state agency a government entity, to the extent that the nonprofit social
2.14service agency or nonprofit corporation collects, stores, disseminates, and uses data on
2.15individuals because of a contractual relationship with state agencies, political subdivisions
2.16or statewide systems a government entity.

2.17    Sec. 3. Minnesota Statutes 2006, section 13.03, subdivision 4, is amended to read:
2.18    Subd. 4. Change in classification of data; effect of dissemination among
2.19agencies. (a) The classification of data in the possession of an entity shall change if it is
2.20required to do so to comply with either judicial or administrative rules pertaining to the
2.21conduct of legal actions or with a specific statute applicable to the data in the possession
2.22of the disseminating or receiving entity.
2.23    (b) If data on individuals is classified as both private and confidential by this chapter,
2.24or any other statute or federal law, the data is private.
2.25    (c) To the extent that government data is disseminated to a government entity by
2.26another government entity, the data disseminated shall have the same classification in the
2.27hands of the entity receiving it as it had in the hands of the entity providing it.
2.28    (d) If a government entity disseminates data to another government entity, a
2.29classification provided for by law in the hands of the entity receiving the data does not
2.30affect the classification of the data in the hands of the entity that disseminates the data.
2.31    (e) To the extent that judicial branch data is disseminated to government entities
2.32by the judicial branch, the data disseminated shall have the same level of accessibility
2.33in the hands of the agency receiving it as it had in the hands of the judicial branch entity
2.34providing it.

3.1    Sec. 4. Minnesota Statutes 2006, section 13.04, subdivision 3, is amended to read:
3.2    Subd. 3. Access to data by individual. Upon request to a responsible authority
3.3or designee, an individual shall be informed whether the individual is the subject of
3.4stored data on individuals, and whether it is classified as public, private or confidential.
3.5Upon further request, an individual who is the subject of stored private or public data on
3.6individuals shall be shown the data without any charge and, if desired, shall be informed
3.7of the content and meaning of that data. After an individual has been shown the private
3.8data and informed of its meaning, the data need not be disclosed to that individual for
3.9six months thereafter unless a dispute or action pursuant to this section is pending or
3.10additional data on the individual has been collected or created. The responsible authority
3.11or designee shall provide copies of the private or public data upon request by the individual
3.12subject of the data. The responsible authority or designee may require the requesting
3.13person to pay the actual costs of making, and certifying, and compiling the copies.
3.14    The responsible authority or designee shall comply immediately, if possible, with
3.15any request made pursuant to this subdivision, or within ten days of the date of the request,
3.16excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible.

3.17    Sec. 5. Minnesota Statutes 2006, section 13.04, subdivision 4, is amended to read:
3.18    Subd. 4. Procedure when data is not accurate or complete. (a) An individual
3.19subject of the data may contest the accuracy or completeness of public or private data.
3.20To exercise this right, an individual shall notify in writing the responsible authority
3.21describing the nature of the disagreement. The responsible authority shall within 30 days
3.22either: (1) correct the data found to be inaccurate or incomplete and attempt to notify past
3.23recipients of inaccurate or incomplete data, including recipients named by the individual;
3.24or (2) notify the individual that the authority believes the data to be correct. Data in
3.25dispute shall be disclosed only if the individual's statement of disagreement is included
3.26with the disclosed data.
3.27    The determination of the responsible authority may be appealed pursuant to the
3.28provisions of the Administrative Procedure Act relating to contested cases. Upon receipt
3.29of an appeal by an individual, the commissioner shall, before issuing the order and notice
3.30of a contested case hearing required by chapter 14, try to resolve the dispute through
3.31education, conference, conciliation, or persuasion. If the parties consent, the commissioner
3.32may refer the matter to mediation. Following these efforts, the commissioner shall dismiss
3.33the appeal or issue the order and notice of hearing.
4.1    (b) Data on individuals that have been successfully challenged by an individual must
4.2be completed, corrected, or destroyed by a state agency, political subdivision, or statewide
4.3system government entity without regard to the requirements of section 138.17.
4.4    After completing, correcting, or destroying successfully challenged data, a
4.5government entity may retain a copy of the commissioner of administration's order issued
4.6under chapter 14 or, if no order were issued, a summary of the dispute between the parties
4.7that does not contain any particulars of the successfully challenged data.

4.8    Sec. 6. Minnesota Statutes 2006, section 13.05, subdivision 10, is amended to read:
4.9    Subd. 10. International dissemination. No state agency or political subdivision
4.10government entity shall transfer or disseminate any private or confidential data on
4.11individuals to the private international organization known as Interpol, except through the
4.12Interpol-United States National Central Bureau, United States Department of Justice.

4.13    Sec. 7. Minnesota Statutes 2006, section 13.072, subdivision 1, is amended to read:
4.14    Subdivision 1. Opinion; when required. (a) Upon request of a government entity,
4.15the commissioner may give a written opinion on any question relating to public access
4.16to government data, rights of subjects of data, or classification of data under this chapter
4.17or other Minnesota statutes governing government data practices. Upon request of any
4.18person who disagrees with a determination regarding data practices made by a government
4.19entity, the commissioner may give a written opinion regarding the person's rights as a
4.20subject of government data or right to have access to government data.
4.21    (b) Upon request of a body subject to chapter 13D, the commissioner may give a
4.22written opinion on any question relating to the body's duties under chapter 13D. Upon
4.23request of a person who disagrees with the manner in which members of a governing body
4.24perform their duties under chapter 13D, the commissioner may give a written opinion
4.25on compliance with chapter 13D. A governing body or person requesting an opinion
4.26under this paragraph must pay the commissioner a fee of $200. Money received by the
4.27commissioner under this paragraph is appropriated to the commissioner for the purposes
4.28of this section.
4.29    (c) If the commissioner determines that no opinion will be issued, the commissioner
4.30shall give the government entity or body subject to chapter 13D or person requesting
4.31the opinion notice of the decision not to issue the opinion within five business days of
4.32receipt of the request. If this notice is not given, the commissioner shall issue an opinion
4.33within 20 days of receipt of the request.
5.1    (d) For good cause and upon written notice to the person requesting the opinion,
5.2the commissioner may extend this deadline for one additional 30-day period. The notice
5.3must state the reason for extending the deadline. The government entity or the members
5.4of a body subject to chapter 13D must be provided a reasonable opportunity to explain the
5.5reasons for its decision regarding the data or how they perform their duties under chapter
5.613D. The commissioner or the government entity or body subject to chapter 13D may
5.7choose to give notice to the subject of the data concerning the dispute regarding the data
5.8or compliance with chapter 13D.
5.9    (e) This section does not apply to a determination made by the commissioner of
5.10health under section 13.3805, subdivision 1, paragraph (b), or 144.6581.
5.11    (f) A written, numbered, and published opinion issued by the attorney general shall
5.12take precedence over an opinion issued by the commissioner under this section.

5.13    Sec. 8. Minnesota Statutes 2006, section 13.08, subdivision 1, is amended to read:
5.14    Subdivision 1. Action for damages. Notwithstanding section 466.03, a responsible
5.15authority or government entity which violates any provision of this chapter is liable to a
5.16person or representative of a decedent who suffers any damage as a result of the violation,
5.17and the person damaged or a representative in the case of private data on decedents or
5.18confidential data on decedents may bring an action against the responsible authority or
5.19government entity to cover any damages sustained, plus costs and reasonable attorney
5.20fees. In the case of a willful violation, the government entity shall, in addition, be liable
5.21to exemplary damages of not less than $100 $5,000, nor more than $10,000 $50,000 for
5.22each violation. The state is deemed to have waived any immunity to a cause of action
5.23brought under this chapter.

5.24    Sec. 9. Minnesota Statutes 2006, section 13.08, subdivision 4, is amended to read:
5.25    Subd. 4. Action to compel compliance. (a) In addition to the remedies provided in
5.26subdivisions 1 to 3 or any other law, any aggrieved person seeking to enforce the person's
5.27rights under this chapter or obtain access to data may bring an action in district court to
5.28compel compliance with this chapter and may recover costs and disbursements, including
5.29reasonable attorney's fees, as determined by the court. If the court determines that an action
5.30brought under this subdivision is frivolous and without merit and a basis in fact, it may
5.31award reasonable costs and attorney fees to the responsible authority. If the court issues an
5.32order to compel compliance under this subdivision, the court may impose a civil penalty
5.33of up to $300 $3,000 against the government entity. This penalty is payable to the state
5.34general fund and is in addition to damages under subdivision 1. The matter shall be heard
6.1as soon as possible. In an action involving a request for government data under section
6.213.03 or 13.04, the court may inspect in camera the government data in dispute, but shall
6.3conduct its hearing in public and in a manner that protects the security of data classified as
6.4not public. If the court issues an order to compel compliance under this subdivision, the
6.5court shall forward a copy of the order to the commissioner of administration.
6.6    (b) In determining whether to assess a civil penalty under this subdivision, the court
6.7shall consider whether the government entity has substantially complied with general
6.8data practices under this chapter, including but not limited to, whether the government
6.9entity has:
6.10    (1) designated a responsible authority under section 13.02, subdivision 16;
6.11    (2) designated a data practices compliance official under section 13.05, subdivision
6.1213 ;
6.13    (3) prepared the public document that names the responsible authority and describes
6.14the records and data on individuals that are maintained by the government entity under
6.15section 13.05, subdivision 1;
6.16    (4) developed public access procedures under section 13.03, subdivision 2;
6.17procedures to guarantee the rights of data subjects under section 13.05, subdivision 8; and
6.18procedures to ensure that data on individuals are accurate and complete and to safeguard
6.19the data's security under section 13.05, subdivision 5;
6.20    (5) sought an oral, written, or electronic opinion from the commissioner of
6.21administration related to the matter at issue and acted in conformity with that opinion or
6.22acted in conformity with an opinion issued under section 13.072 that was sought by a
6.23government entity or another person; or
6.24    (6) provided ongoing training to government entity personnel who respond to
6.25requests under this chapter.
6.26    (c) The court shall award reasonable attorney fees to a prevailing plaintiff who has
6.27brought an action under this subdivision if the government entity that is the defendant in
6.28the action was also the subject of a written opinion issued under section 13.072 and the
6.29court finds that the opinion is directly related to the cause of action being litigated and that
6.30the government entity did not act in conformity with the opinion.

6.31    Sec. 10. Minnesota Statutes 2006, section 13.202, subdivision 11, is amended to read:
6.32    Subd. 11. Metropolitan government. (a) Labor relations information. Certain
6.33labor relations data relating to the negotiation of collective bargaining contracts by the
6.34Metropolitan Council are classified under section 473.1291.
7.1    (a) (b) Affirmative action plans. Treatment of data relating to metropolitan agency
7.2affirmative action plans is governed by section 473.143, subdivisions 5 and 7.
7.3    (b) (c) Contracts for management services. Data relating to compensation of
7.4personnel who work under a management service contract are classified by section
7.5473.405, subdivision 12 .
7.6    (c) (d) Arena acquisition. Certain data in connection with a decision whether to
7.7acquire a sports arena are classified under section 473.598, subdivision 4.
7.8    (d) (e) Airports commission. Certain airline data submitted to the Metropolitan
7.9Airports Commission in connection with the issuance of revenue bonds are classified
7.10under section 473.6671, subdivision 3.
7.11    (e) (f) Solid waste landfill fee. Information obtained from the operator of a mixed
7.12municipal solid waste disposal facility under section 473.843 is classified under section
7.13473.843, subdivision 4 .

7.14    Sec. 11. Minnesota Statutes 2006, section 13.32, subdivision 5, is amended to read:
7.15    Subd. 5. Directory information. Information designated as directory information
7.16pursuant to the provisions of United States Code, title 20, section 1232g and Code of
7.17Federal Regulations, title 34, section 99.37 which are in effect on July 1, 1993 January
7.181, 2007, is public data on individuals. When conducting the directory information
7.19designation and notice process required by federal law, an educational agency or institution
7.20shall give parents and students notice of the right to refuse to let the agency or institution
7.21designate any or all data about the student as directory information. This notice may be
7.22given by any means reasonably likely to inform the parents and students of the right.

7.23    Sec. 12. Minnesota Statutes 2006, section 13.35, is amended to read:
7.2413.35 FEDERAL CONTRACTS DATA.
7.25    To the extent that a federal agency requires it as a condition for contracting with
7.26a state agency or political subdivision government entity, all government data collected
7.27and maintained by the state agency or political subdivision government entity because
7.28that agency contracts with the federal agency are classified as either private or nonpublic
7.29depending on whether the data are data on individuals or data not on individuals.

7.30    Sec. 13. Minnesota Statutes 2006, section 13.355, subdivision 1, is amended to read:
7.31    Subdivision 1. General. The Social Security numbers of individuals, whether
7.32provided in whole or in part, collected or maintained by a state agency, statewide system,
8.1or political subdivision government entity are private data on individuals, except to the
8.2extent that access to the Social Security number is specifically authorized by law.

8.3    Sec. 14. Minnesota Statutes 2006, section 13.3806, is amended by adding a subdivision
8.4to read:
8.5    Subd. 21. Heritable and congenital disorders; infant testing. Data and specimens
8.6collected for testing infants for heritable and congenital disorders are governed by sections
8.7144.125 to 144.128.

8.8    Sec. 15. Minnesota Statutes 2006, section 13.384, subdivision 1, is amended to read:
8.9    Subdivision 1. Definition. As used in this section:
8.10    (a) "Directory information" means name of the patient, date admitted, and general
8.11condition.
8.12    (b) "Medical data" means data collected because an individual was or is a patient
8.13or client of a hospital, nursing home, medical center, clinic, health or nursing agency
8.14operated by a state agency or political subdivision government entity including business
8.15and financial records, data provided by private health care facilities, and data provided by
8.16or about relatives of the individual.

8.17    Sec. 16. Minnesota Statutes 2006, section 13.384, subdivision 2, is amended to read:
8.18    Subd. 2. Public hospitals; directory information. (a) During the time that a person
8.19is a patient in a hospital operated by a state agency or political subdivision government
8.20entity under legal commitment, directory information is public data. After the person is
8.21released by termination of the person's legal commitment, the directory information is
8.22private data on individuals.
8.23    (b) If a person is a patient other than pursuant to commitment in a hospital controlled
8.24by a state agency or political subdivision government entity, directory information is public
8.25data unless the patient requests otherwise, in which case it is private data on individuals.
8.26    (c) Directory information about an emergency patient who is unable to communicate
8.27which is public under this subdivision shall not be released until a reasonable effort is made
8.28to notify the next of kin. Although an individual has requested that directory information
8.29be private, the hospital may release directory information to a law enforcement agency
8.30pursuant to a lawful investigation pertaining to that individual.

8.31    Sec. 17. Minnesota Statutes 2006, section 13.386, subdivision 3, is amended to read:
9.1    Subd. 3. Collection, storage, use, and dissemination of genetic information. (a)
9.2Unless otherwise expressly provided by law, genetic information about an individual:
9.3    (1) may be collected by a government entity, as defined in section 13.02, subdivision
9.47a, or any other person only with the written informed consent of the individual;
9.5    (2) may be used only for purposes to which the individual has given written
9.6informed consent;
9.7    (3) may be stored only for a period of time to which the individual has given written
9.8informed consent; and
9.9    (4) may be disseminated only:
9.10    (i) with the individual's written informed consent; or
9.11    (ii) if necessary in order to accomplish purposes described by clause (2). A consent
9.12to disseminate genetic information under item (i) must be signed and dated. Unless
9.13otherwise provided by law, such a consent is valid for one year or for a lesser period
9.14specified in the consent.
9.15    (b) Notwithstanding this subdivision, the Department of Health's collection, storage,
9.16use, and dissemination of genetic information and specimens for testing infants for
9.17heritable and congenital disorders are governed by sections 144.125 to 144.128.

9.18    Sec. 18. Minnesota Statutes 2006, section 13.39, subdivision 1, is amended to read:
9.19    Subdivision 1. Definitions. A "pending civil legal action" includes but is not
9.20limited to judicial, administrative or arbitration proceedings. Whether a civil legal action
9.21is pending shall be determined by the chief attorney acting for the state agency, political
9.22subdivision or statewide system government entity.

9.23    Sec. 19. Minnesota Statutes 2006, section 13.39, subdivision 2, is amended to read:
9.24    Subd. 2. Civil actions. (a) Except as provided in paragraph (b), data collected
9.25by state agencies, political subdivisions, or statewide systems as part of an active
9.26investigation undertaken for the purpose of the commencement or defense of a pending
9.27civil legal action, or which are retained in anticipation of a pending civil legal action, are
9.28classified as protected nonpublic data pursuant to section 13.02, subdivision 13, in the
9.29case of data not on individuals and confidential pursuant to section 13.02, subdivision
9.303 , in the case of data on individuals. Any agency, political subdivision, or statewide
9.31system may make any data classified as confidential or protected nonpublic pursuant to
9.32this subdivision accessible to any person, agency or the public if the agency, political
9.33subdivision, or statewide system determines that the access will aid the law enforcement
9.34process, promote public health or safety or dispel widespread rumor or unrest.
10.1    (b) A complainant has access to a statement provided by the complainant to a state
10.2agency, statewide system, or political subdivision government entity under paragraph (a).

10.3    Sec. 20. Minnesota Statutes 2006, section 13.39, subdivision 2a, is amended to read:
10.4    Subd. 2a. Disclosure of data. During the time when a civil legal action is
10.5determined to be pending under subdivision 1, any person may bring an action in the
10.6district court in the county where the data is maintained to obtain disclosure of data
10.7classified as confidential or protected nonpublic under subdivision 2. The court may order
10.8that all or part of the data be released to the public or to the person bringing the action.
10.9In making the determination whether data shall be disclosed, the court shall consider
10.10whether the benefit to the person bringing the action or to the public outweighs any harm
10.11to the public, the agency entity, or any person identified in the data. The data in dispute
10.12shall be examined by the court in camera.

10.13    Sec. 21. Minnesota Statutes 2006, section 13.39, subdivision 3, is amended to read:
10.14    Subd. 3. Inactive investigative data. Inactive civil investigative data are public,
10.15unless the release of the data would jeopardize another pending civil legal action, and
10.16except for those portions of a civil investigative file that are classified as not public data by
10.17this chapter or other law. Any civil investigative data presented as evidence in court or
10.18made part of a court record shall be public. Civil investigative data become inactive upon
10.19the occurrence of any of the following events:
10.20    (1) a decision by the state agency, political subdivision, or statewide system
10.21government entity or by the chief attorney acting for the state agency, political subdivision,
10.22or statewide system government entity not to pursue the civil action;
10.23    (2) expiration of the time to file a complaint under the statute of limitations or
10.24agreement applicable to the civil action; or
10.25    (3) exhaustion of or expiration of rights of appeal by either party to the civil action.
10.26    Data determined to be inactive under clause (1) may become active if the state
10.27agency, political subdivision, statewide system government entity, or its attorney decides
10.28to renew the civil action.

10.29    Sec. 22. Minnesota Statutes 2006, section 13.392, subdivision 1, is amended to read:
10.30    Subdivision 1. Confidential data or protected nonpublic data. Data, notes, and
10.31preliminary drafts of reports created, collected, and maintained by the internal audit offices
10.32of state agencies and political subdivisions government entities, or persons performing
10.33audits for state agencies and political subdivisions government entities, and relating to
11.1an audit or investigation are confidential data on individuals or protected nonpublic data
11.2until the final report has been published or the audit or investigation is no longer being
11.3pursued actively, except that the data shall be disclosed as required to comply with section
11.46.67 or 609.456. This section does not limit in any way:
11.5    (1) the state auditor's access to government data of political subdivisions or
11.6data, notes, or preliminary drafts of reports of persons performing audits for political
11.7subdivisions; or
11.8    (2) the public or a data subject's access to data classified by section 13.43.

11.9    Sec. 23. Minnesota Statutes 2006, section 13.393, is amended to read:
11.1013.393 ATTORNEYS.
11.11    Notwithstanding the provisions of this chapter and section 15.17, the use, collection,
11.12storage, and dissemination of data by an attorney acting in a professional capacity for the
11.13state, a state agency or a political subdivision a government entity shall be governed by
11.14statutes, rules, and professional standards concerning discovery, production of documents,
11.15introduction of evidence, and professional responsibility; provided that this section shall
11.16not be construed to affect the applicability of any statute, other than this chapter and section
11.1715.17 , which specifically requires or prohibits disclosure of specific information by the
11.18attorney, nor shall this section be construed to relieve any responsible authority, other than
11.19the attorney, from duties and responsibilities pursuant to this chapter and section 15.17.

11.20    Sec. 24. Minnesota Statutes 2006, section 13.40, subdivision 1, is amended to read:
11.21    Subdivision 1. Records subject to this chapter. (a) For purposes of this section,
11.22"historical records repository" means an archives or manuscript repository operated by
11.23any state agency, statewide system, or political subdivision a government entity whose
11.24purpose is to collect and maintain data to further the history of a geographic or subject
11.25area. The term does not include the state archives as defined in section 138.17, subdivision
11.261 , clause (5).
11.27    (b) Data collected, maintained, used, or disseminated by a library or historical
11.28records repository operated by any state agency, political subdivision, or statewide system
11.29a government entity shall be administered in accordance with the provisions of this chapter.

11.30    Sec. 25. Minnesota Statutes 2006, section 13.40, subdivision 3, is amended to read:
11.31    Subd. 3. Nongovernmental data. Data held in the custody of a historical records
11.32repository that were not originally created, received, maintained, or disseminated by
12.1a state agency, statewide system, or political subdivision government entity are not
12.2government data. These data are accessible to the public unless:
12.3    (1) the data are contributed by private persons under an agreement that restricts
12.4access, to the extent of any lawful limitation; or
12.5    (2) access would significantly endanger the physical or organizational integrity of
12.6the data.

12.7    Sec. 26. Minnesota Statutes 2006, section 13.41, subdivision 3, is amended to read:
12.8    Subd. 3. Board of Peace Officer Standards and Training. The following
12.9government data of the Board of Peace Officer Standards and Training are private data:
12.10    (1) home addresses of licensees and applicants for licenses; and
12.11    (2) data that identify the state agency, statewide system, or political subdivision
12.12government entity that employs a licensed peace officer.
12.13    The board may disseminate private data on applicants and licensees as is necessary
12.14to administer law enforcement licensure or to provide data under section 626.845,
12.15subdivision 1 , to law enforcement agencies who are conducting employment background
12.16investigations.

12.17    Sec. 27. Minnesota Statutes 2006, section 13.43, subdivision 2, is amended to read:
12.18    Subd. 2. Public data. (a) Except for employees described in subdivision 5 and
12.19subject to the limitations described in subdivision 5a, the following personnel data on
12.20current and former employees, volunteers, and independent contractors of a government
12.21entity is public:
12.22    (1) name; employee identification number, which must not be the employee's Social
12.23Security number; actual gross salary; salary range; contract fees; actual gross pension; the
12.24value and nature of employer paid fringe benefits; and the basis for and the amount of any
12.25added remuneration, including expense reimbursement, in addition to salary;
12.26    (2) job title and bargaining unit; job description; education and training background;
12.27and previous work experience;
12.28    (3) date of first and last employment;
12.29    (4) the existence and status of any complaints or charges against the employee,
12.30regardless of whether the complaint or charge resulted in a disciplinary action;
12.31    (5) the final disposition of any disciplinary action together with the specific reasons
12.32for the action and data documenting the basis of the action, excluding data that would
12.33identify confidential sources who are employees of the public body;
13.1    (6) the terms of any agreement settling any dispute arising out of an employment
13.2relationship, including a buyout agreement as defined in section 123B.143, subdivision 2,
13.3paragraph (a); except that the agreement must include specific reasons for the agreement if
13.4it involves the payment of more than $10,000 of public money;
13.5    (7) work location; a work telephone number; badge number; and honors and awards
13.6received; and
13.7    (8) payroll time sheets or other comparable data that are only used to account for
13.8employee's work time for payroll purposes, except to the extent that release of time sheet
13.9data would reveal the employee's reasons for the use of sick or other medical leave
13.10or other not public data.
13.11    (b) For purposes of this subdivision, a final disposition occurs when the state agency,
13.12statewide system, or political subdivision government entity makes its final decision about
13.13the disciplinary action, regardless of the possibility of any later proceedings or court
13.14proceedings. In the case of arbitration proceedings arising under collective bargaining
13.15agreements, a final disposition occurs at the conclusion of the arbitration proceedings,
13.16or upon the failure of the employee to elect arbitration within the time provided by the
13.17collective bargaining agreement. Final disposition includes a resignation by an individual
13.18when the resignation occurs after the final decision of the state agency, statewide system,
13.19political subdivision government entity, or arbitrator.
13.20    (c) The state agency, statewide system, or political subdivision government entity
13.21may display a photograph of a current or former employee to a prospective witness as
13.22part of the state agency's, statewide system's, or political subdivision's government entity's
13.23investigation of any complaint or charge against the employee.
13.24    (d) A complainant has access to a statement provided by the complainant to a state
13.25agency, statewide system, or political subdivision government entity in connection with a
13.26complaint or charge against an employee.
13.27    (e) Notwithstanding paragraph (a), clause (5), upon completion of an investigation
13.28of a complaint or charge against a public official, or if a public official resigns or is
13.29terminated from employment while the complaint or charge is pending, all data relating to
13.30the complaint or charge are public, unless access to the data would jeopardize an active
13.31investigation or reveal confidential sources. For purposes of this paragraph, "public
13.32official" means:
13.33    (1) the head of a state agency and deputy and assistant state agency heads;
13.34    (2) members of boards or commissions required by law to be appointed by the
13.35governor or other elective officers; and
14.1    (3) executive or administrative heads of departments, bureaus, divisions, or
14.2institutions within state government.

14.3    Sec. 28. Minnesota Statutes 2006, section 13.43, subdivision 5, is amended to read:
14.4    Subd. 5. Undercover law enforcement officer. All personnel data maintained by
14.5any state agency, statewide system or political subdivision a government entity relating
14.6to an individual employed as or an applicant for employment as an undercover law
14.7enforcement officer are private data on individuals. When the individual is no longer
14.8assigned to an undercover position, the data described in subdivisions 2 and 3 become
14.9public unless the law enforcement agency determines that revealing the data would
14.10threaten the personal safety of the officer or jeopardize an active investigation.

14.11    Sec. 29. Minnesota Statutes 2006, section 13.43, subdivision 7, is amended to read:
14.12    Subd. 7. Employee assistance data. All data created, collected or maintained by
14.13any state agency or political subdivision a government entity to administer employee
14.14assistance programs similar to the one authorized by section 43A.319 are classified as
14.15private, pursuant to section 13.02, subdivision 12. This section shall not be interpreted to
14.16authorize the establishment of employee assistance programs.

14.17    Sec. 30. Minnesota Statutes 2006, section 13.43, subdivision 9, is amended to read:
14.18    Subd. 9. Peer counseling debriefing data. (a) Data acquired by a peer group
14.19member in a public safety peer counseling debriefing is private data on the person being
14.20debriefed.
14.21    (b) For purposes of this subdivision, "public safety peer counseling debriefing" means
14.22a group process oriented debriefing session held for peace officers, firefighters, medical
14.23emergency persons, dispatchers, or other persons involved with public safety emergency
14.24services, that is established by any agency entity providing public safety emergency
14.25services and is designed to help a person who has suffered an occupation-related traumatic
14.26event begin the process of healing and effectively dealing with posttraumatic stress.

14.27    Sec. 31. Minnesota Statutes 2006, section 13.43, subdivision 10, is amended to read:
14.28    Subd. 10. Prohibition on agreements limiting disclosure or discussion of
14.29personnel data. (a) A state agency, statewide system, or political subdivision government
14.30entity may not enter into an agreement settling a dispute arising out of the employment
14.31relationship with the purpose or effect of limiting access to or disclosure of personnel
14.32data or limiting the discussion of information or opinions related to personnel data.
15.1An agreement or portion of an agreement that violates this paragraph is void and
15.2unenforceable.
15.3    (b) Paragraph (a) applies to the following, but only to the extent that the data or
15.4information could otherwise be made accessible to the public:
15.5    (1) an agreement not to discuss, publicize, or comment on personnel data or
15.6information;
15.7    (2) an agreement that limits the ability of the subject of personnel data to release or
15.8consent to the release of data; or
15.9    (3) any other provision of an agreement that has the effect of limiting the disclosure
15.10or discussion of information that could otherwise be made accessible to the public, except
15.11a provision that limits the ability of an employee to release or discuss private data that
15.12identifies other employees.
15.13    (c) Paragraph (a) also applies to a court order that contains terms or conditions
15.14prohibited by paragraph (a).

15.15    Sec. 32. Minnesota Statutes 2006, section 13.43, subdivision 11, is amended to read:
15.16    Subd. 11. Protection of employee or others. (a) If the responsible authority
15.17or designee of a state agency, statewide system, or political subdivision government
15.18entity reasonably determines that the release of personnel data is necessary to protect an
15.19employee from harm to self or to protect another person who may be harmed by the
15.20employee, data that are relevant to the concerns for safety may be released as provided
15.21in this subdivision.
15.22    (b) The data may be released:
15.23    (1) to the person who may be harmed and to an attorney representing the person
15.24when the data are relevant to obtaining a restraining order;
15.25    (2) to a prepetition screening team conducting an investigation of the employee
15.26under section 253B.07, subdivision 1; or
15.27    (3) to a court, law enforcement agency, or prosecuting authority.
15.28    (c) Section 13.03, subdivision 4, paragraph (c), applies to data released under this
15.29subdivision, except to the extent that the data have a more restrictive classification in the
15.30possession of the agency or authority that receives the data. If the person who may be
15.31harmed or the person's attorney receives data under this subdivision, the data may be used
15.32or released further only to the extent necessary to protect the person from harm.

15.33    Sec. 33. Minnesota Statutes 2006, section 13.435, is amended to read:
15.3413.435 SALARY BENEFIT SURVEY DATA.
16.1    Salary and personnel benefit survey data purchased from consulting firms, nonprofit
16.2corporations or associations or obtained from employers with the written understanding
16.3that the data shall not be made public which is maintained by state agencies, political
16.4subdivisions or statewide systems government entities are classified as nonpublic pursuant
16.5to section 13.02, subdivision 9.

16.6    Sec. 34. Minnesota Statutes 2006, section 13.44, subdivision 1, is amended to read:
16.7    Subdivision 1. Real property; complaint data. The identities of individuals who
16.8register complaints with state agencies or political subdivisions government entities
16.9concerning violations of state laws or local ordinances concerning the use of real property
16.10are classified as confidential data, pursuant to section 13.02, subdivision 3.

16.11    Sec. 35. Minnesota Statutes 2006, section 13.44, subdivision 2, is amended to read:
16.12    Subd. 2. Real property; building code violations. Code violation records
16.13pertaining to a particular parcel of real property and the buildings, improvements, and
16.14dwelling units located on it that are kept by any state, county, or city agency charged
16.15by the governing body of the appropriate political subdivision government entity with
16.16the responsibility for enforcing a state, county, or city health, housing, building, fire
16.17prevention, or housing maintenance code are public data; except as otherwise provided by
16.18section 13.39, subdivision 2; 13.44; or 13.82, subdivision 7.

16.19    Sec. 36. Minnesota Statutes 2006, section 13.44, subdivision 3, is amended to read:
16.20    Subd. 3. Real property; appraisal data. (a) Confidential or protected nonpublic
16.21data. Estimated or appraised values of individual parcels of real property that are made by
16.22personnel of the state or a political subdivision a government entity or by independent
16.23appraisers acting for the state or a political subdivision a government entity for the
16.24purpose of selling or acquiring land through purchase or condemnation are classified as
16.25confidential data on individuals or protected nonpublic data.
16.26    (b) Private or nonpublic data. Appraised values of individual parcels of real
16.27property that are made by appraisers working for fee owners or contract purchasers who
16.28have received an offer to purchase their property from the state or a political subdivision
16.29a government entity are classified as private data on individuals or nonpublic data.
16.30    (c) Public data. The data made confidential or protected nonpublic under paragraph
16.31(a) or made private or nonpublic under paragraph (b) become public upon the occurrence
16.32of any of the following:
16.33    (1) the data are submitted to a court-appointed condemnation commissioner;
17.1    (2) the data are presented in court in condemnation proceedings; or
17.2    (3) the negotiating parties enter into an agreement for the purchase and sale of the
17.3property.

17.4    Sec. 37. Minnesota Statutes 2006, section 13.462, subdivision 1, is amended to read:
17.5    Subdivision 1. Definition. As used in this section, "benefit data" means data on
17.6individuals collected or created because an individual seeks information about becoming,
17.7is, or was an applicant for or a recipient of benefits or services provided under various
17.8housing, home ownership, rehabilitation and community action agency, Head Start,
17.9and food assistance programs administered by state agencies, political subdivisions, or
17.10statewide systems government entities. Benefit data does not include welfare data which
17.11shall be administered in accordance with section 13.46.

17.12    Sec. 38. Minnesota Statutes 2006, section 13.462, subdivision 2, is amended to read:
17.13    Subd. 2. Public data. The names and addresses of applicants for and recipients of
17.14benefits, aid, or assistance through programs administered by any political subdivision,
17.15state agency, or statewide system a government entity that are intended to assist with the
17.16purchase, rehabilitation, or other purposes related to housing or other real property are
17.17classified as public data on individuals. If an applicant or recipient is a corporation, the
17.18names and addresses of the officers of the corporation are public data on individuals. If
17.19an applicant or recipient is a partnership, the names and addresses of the partners are
17.20public data on individuals. The amount or value of benefits, aid, or assistance received
17.21is public data.

17.22    Sec. 39. Minnesota Statutes 2006, section 13.462, subdivision 3, is amended to read:
17.23    Subd. 3. Private data. Unless otherwise provided by law, all other benefit data are
17.24private data on individuals, and shall not be disclosed except pursuant to court order or to
17.25an agent of the state agency, political subdivision, or statewide system government entity,
17.26including appropriate law enforcement personnel, who are acting in an investigation or
17.27prosecution of a criminal or civil proceeding relating to the administration of a program
17.28described in subdivision 1.

17.29    Sec. 40. Minnesota Statutes 2006, section 13.48, is amended to read:
17.3013.48 AWARD DATA.
17.31    Financial data on business entities submitted to a state agency, statewide system, or
17.32political subdivision government entity for the purpose of presenting awards to business
18.1entities for achievements in business development or performance are private data on
18.2individuals or nonpublic data.

18.3    Sec. 41. Minnesota Statutes 2006, section 13.552, subdivision 3, is amended to read:
18.4    Subd. 3. Data provided under subpoena. Data supplied by a state agency,
18.5statewide system, or political subdivision government entity pursuant to a subpoena issued
18.6by the commissioner of human rights is governed by section 363A.06, subdivision 2.

18.7    Sec. 42. Minnesota Statutes 2006, section 13.591, subdivision 4, is amended to read:
18.8    Subd. 4. Classification of evaluative data; data sharing. (a) Data created or
18.9maintained by a government entity as part of the selection or evaluation process referred
18.10to in this section are protected nonpublic data until completion of the selection process or
18.11completion of the evaluation process at which time the data are public with the exception
18.12of trade secret data as defined and classified in section 13.37.
18.13    (b) If a state agency government entity asks employees of other state agencies
18.14government entities to assist with the selection of the responses to a request for bid or the
18.15evaluation of responses to a request for proposal, the state agency government entity may
18.16share not public data in the responses with those employees. The employees participating
18.17in the selection or evaluation may not further disseminate the not public data they review.

18.18    Sec. 43. [13.597] GRANTS.
18.19    Subdivision 1. Definitions. For purposes of this section, the following terms have
18.20the meanings given them.
18.21    (a) "Completion of the evaluation process" means that the granting agency has
18.22completed negotiating the grant agreement with the selected grantee.
18.23    (b) "Grant agreement" means the document that details the responsibilities of the
18.24grantee and the granting agency and the value to be provided to the grantee.
18.25    (c) "Grantee" means a person that applies for or receives a grant.
18.26    (d) "Granting agency" means the government entity that provides the grant.
18.27    (e) "Opened" means the act that occurs once the deadline for submitting a response
18.28to a proposal to the granting agency has been reached.
18.29    (f) "Request for proposal" means the data outlining the responsibilities the granting
18.30agency wants the grantee to assume.
18.31    (g) "Response" means the data submitted by a grantee as required by a request for
18.32proposal.
19.1    Subd. 2. Request for applications. Data created by a granting agency to create a
19.2request for proposal is classified as nonpublic until the request for proposal is published.
19.3To the extent that a granting agency involves persons outside the granting agency to create
19.4the request for proposal, the data remain nonpublic in the hands of all persons who may
19.5not further disseminate any data that are created or reviewed as part of the request for
19.6proposal development. At publication, the data in the request for proposal is public.
19.7    Subd. 3. Responses to request for proposals. (a) Responses submitted by a grantee
19.8are private or nonpublic until the responses are opened. Once the responses are opened,
19.9the name and address of the grantee and the amount requested is public. All other data in a
19.10response is private or nonpublic data until completion of the evaluation process. After a
19.11granting agency has completed the evaluation process, all remaining data in the responses
19.12is public with the exception of trade secret data as defined and classified in section 13.37.
19.13A statement by a grantee that the response is copyrighted or otherwise protected does
19.14not prevent public access to the response.
19.15    (b) If all responses are rejected prior to completion of the evaluation process,
19.16all data, other than that made public at the opening, remain private or nonpublic
19.17until a resolicitation of proposals results in completion of the evaluation process or a
19.18determination is made to abandon the grant. If the rejection occurs after the completion of
19.19the evaluation process, the data remain public. If a resolicitation of proposals does not
19.20occur within one year of the grant opening date, the remaining data become public.
19.21    Subd. 4. Evaluation data. (a) Data created or maintained by a granting agency as
19.22part of the evaluation process referred to in this section are protected nonpublic data until
19.23completion of the evaluation process at which time the data are public with the exception
19.24of trade secret data as defined and classified in section 13.37.
19.25    (b) If a granting agency asks individuals outside the granting agency to assist with
19.26the evaluation of the responses, the granting agency may share not public data in the
19.27responses with those individuals. The individuals participating in the evaluation may not
19.28further disseminate the not public data they review.

19.29    Sec. 44. Minnesota Statutes 2006, section 13.72, is amended by adding a subdivision
19.30to read:
19.31    Subd. 14. Market research data; classification. (a) Names, home addresses
19.32except for zip codes, home e-mail addresses, and home telephone numbers obtained
19.33for or received in response to a survey conducted by or on behalf of the Department of
19.34Transportation are classified as private data on individuals.
20.1    (b) Business names, business addresses except for zip codes, business e-mail
20.2addresses, and business telephone numbers obtained for or received in response to a
20.3survey conducted by or on behalf of the Department of Transportation are classified
20.4as nonpublic data.

20.5    Sec. 45. Minnesota Statutes 2006, section 13.72, is amended by adding a subdivision
20.6to read:
20.7    Subd. 15. Overhead rate data. Financial statements and lists of stockholders
20.8provided to the commissioner of transportation by a consultant in order to establish its
20.9overhead rate, and the schedule of audit adjustments and the overhead rate schedule
20.10prepared by the Department of Transportation in order to establish the overhead rate for a
20.11consultant are classified as nonpublic data or private data on individuals. The overhead
20.12rate percentage is public data.

20.13    Sec. 46. Minnesota Statutes 2006, section 13.72, is amended by adding a subdivision
20.14to read:
20.15    Subd. 16. Bid escrow data. Bid documentation held in escrow by the Department
20.16of Transportation is classified as nonpublic data. Any data on individuals in the bid
20.17documentation are classified as private data on individuals. "Bid documentation" means
20.18all writings, working papers, computer printout charts, and other data calculations used
20.19by a contractor to determine its bid in bidding for a contract. The bid documentation
20.20includes, but is not limited to, the contractor's costs for operating each piece of equipment
20.21owned by the contractor, the contractor's overhead costs and its calculated overhead rate,
20.22the contractor's pay rates for its employees, efficiency or productivity factors, arithmetic
20.23extensions, and the rates and quotations from subcontractors and material suppliers to
20.24the extent that the rates and quotations were used by the contractor in formulating and
20.25determining the amount of the bid.

20.26    Sec. 47. [13.7908] BUREAU OF MEDIATION SERVICES DATA.
20.27    Subdivision 1. Representation data. Authorization signatures or cards furnished in
20.28support of a petition filed or election conducted under sections 179.16, 179.18 to 179.25,
20.29and 179A.12, and ballots, prior to the time of tabulation, are classified as protected
20.30nonpublic data or confidential data on individuals.
20.31    Subd. 2. Mediation data. Data received or maintained by the staff or commissioner
20.32of the Bureau of Mediation Services during the course of providing mediation services to
20.33the parties to a labor dispute under chapter 179 are classified as protected nonpublic data
21.1or confidential data on individuals, except to the extent the commissioner of the Bureau of
21.2Mediation Services determines access to data is necessary to fulfill the requirements of
21.3section 179A.16 or to identify the general nature of or parties to a labor dispute.

21.4    Sec. 48. Minnesota Statutes 2006, section 13.861, subdivision 1, is amended to read:
21.5    Subdivision 1. Definitions. As used in this section:
21.6    (a) "Security service" means an organization that provides security services to a state
21.7agency or political subdivision government entity as a part of the governmental that entity
21.8or under contract to it. Security service does not include a law enforcement agency.
21.9    (b) "Security service data" means all data collected, created, or maintained by a
21.10security service for the purpose of providing security services.

21.11    Sec. 49. Minnesota Statutes 2006, section 13.87, subdivision 1, is amended to read:
21.12    Subdivision 1. Criminal history data. (a) Definition. For purposes of this
21.13subdivision, "criminal history data" means all data maintained in criminal history
21.14records compiled by the Bureau of Criminal Apprehension and disseminated through
21.15the criminal justice information system, including, but not limited to fingerprints,
21.16photographs, identification data, arrest data, prosecution data, criminal court data, custody
21.17and supervision data.
21.18    (b) Classification. Criminal history data maintained by agencies, political
21.19subdivisions and statewide systems are classified as private, pursuant to section 13.02,
21.20subdivision 12 , except that data created, collected, or maintained by the Bureau of
21.21Criminal Apprehension that identify an individual who was convicted of a crime, the
21.22offense of which the individual was convicted, associated court disposition and sentence
21.23information, controlling agency, and confinement information are public data for 15 years
21.24following the discharge of the sentence imposed for the offense. When an innocent party's
21.25name is associated with a criminal history, and a determination has been made through a
21.26fingerprint verification that the innocent party is not the subject of the criminal history, the
21.27name may be redacted from the public criminal history data. The name shall be retained in
21.28the criminal history and classified as private data.
21.29    The Bureau of Criminal Apprehension shall provide to the public at the central office
21.30of the bureau the ability to inspect in person, at no charge, through a computer monitor the
21.31criminal conviction data classified as public under this subdivision.
21.32    (c) Limitation. Nothing in paragraph (a) or (b) shall limit public access to data
21.33made public by section 13.82.

22.1    Sec. 50. Minnesota Statutes 2006, section 13.87, subdivision 2, is amended to read:
22.2    Subd. 2. Firearms data. All data pertaining to the purchase or transfer of firearms
22.3and applications for permits to carry firearms which are collected by state agencies,
22.4political subdivisions or statewide systems government entities pursuant to sections
22.5624.712 to 624.719 are classified as private, pursuant to section 13.02, subdivision 12.

22.6    Sec. 51. Minnesota Statutes 2006, section 13.87, is amended by adding a subdivision
22.7to read:
22.8    Subd. 5. Parole and probation authority access to records. Parole and county
22.9probation authorities may access data identified in subdivision 2 on an applicant or permit
22.10holder who is also a defendant, parolee, or probationer of a district court.

22.11    Sec. 52. [13.873] CRIMNET.
22.12    Subdivision 1. Definitions. For purposes of this section, "integrated search
22.13service" or "ISS" is a service operated by the Bureau of Criminal Apprehension which
22.14allows authorized users to search and view data that are stored on one or more databases
22.15maintained by criminal justice agencies, as defined in section 299C.46, subdivision 2.
22.16    Subd. 2. Requests by data subject. An individual may request that an ISS query to
22.17locate data about the individual be performed by state or local law enforcement agencies
22.18with ISS access. State and local law enforcement agencies with ISS access shall only
22.19provide:
22.20    (1) a list of the government entities that have provided public or private data about
22.21that individual through ISS; and
22.22    (2) data that describe what is maintained about the individual at each government
22.23entity on the list.
22.24    Subd. 3. Bureau responsibilities. The bureau must provide the following
22.25information at a public Internet site:
22.26    (1) a listing of all law enforcement agencies with ISS access; and
22.27    (2) information for individual data subjects on how to challenge the accuracy or
22.28completeness of data pursuant to section 13.04, subdivision 4.

22.29    Sec. 53. Minnesota Statutes 2006, section 84.0274, subdivision 5, is amended to read:
22.30    Subd. 5. Owner's rights. When the state proposes to purchase in fee or any lesser
22.31interest in land which will be administered by the commissioner of natural resources, the
22.32landowner shall have the following rights:
23.1    (a) The right to be informed of the specific intended use of the property and of any
23.2change in the intended use of the property which occurs during the acquisition process.
23.3The owner shall also be informed that the documents regarding the purchase will be public
23.4records if the land is purchased by the state;
23.5    (b) The right to be paid a fair price for the property. The price shall include the
23.6fair market value of the land plus:
23.7    (1) All necessary incidental costs such as abstracting and recording fees related
23.8to the sale. The costs of clearing title defects, paying taxes, and attorney's fees are not
23.9reimbursable; and
23.10    (2) Any penalties incurred by the owner where the property is security for a loan
23.11or advance of credit that contains a provision requiring or permitting the imposition of a
23.12penalty if the loan or advance of credit is prepaid;
23.13    (c) The right to payment, at the owner's election, in a lump sum or in up to four
23.14annual installments;
23.15    (d) The right to have the property fairly appraised by the state. The state's appraiser
23.16shall physically inspect the property and shall allow the owner along when the appraisal
23.17is made. The state's appraiser shall certify in the appraisal report to having physically
23.18inspected the property and having given the landowner an opportunity to go along on
23.19inspections. Notwithstanding section 13.44, subdivision 3, before an offer is made, the
23.20landowner shall be given a resume of the state's certified appraisal. The resume shall
23.21include the appraiser's conclusions as to value, acreage and type of land, value of buildings
23.22and other improvements, value of timber, special damages and any special elements of
23.23value informed of the value determined pursuant to section 84.0272;
23.24    (e) The right to retain a qualified independent appraiser to conduct an appraisal at any
23.25time prior to certification of the state's appraisal of the property and to be reimbursed for
23.26appraisal fees as provided in section 117.232, subdivision 1, if the land is sold to the state
23.27and to have that appraisal considered along with the state's in certifying the selling price;
23.28    (f) The right to have the state acquire the property by means of condemnation upon
23.29the owner's request with the agreement of the commissioner;
23.30    (g) The right to receive or waive relocation assistance, services, payments and
23.31benefits as provided in sections 117.52 and 117.521;
23.32    (h) The right to accept the state's offer for the property and contest the state's offer
23.33for relocation and moving expenses;
23.34    (i) The right to continue occupancy of the property until full payment is received,
23.35provided that when the owner elects to receive payment in annual installments pursuant to
23.36clause (c), the owner may retain occupancy until the first payment is made; and
24.1    (j) The right to seek the advice of counsel regarding any aspect of the land
24.2transaction.

24.3    Sec. 54. Minnesota Statutes 2006, section 122A.33, subdivision 3, is amended to read:
24.4    Subd. 3. Notice of nonrenewal; opportunity to respond. A school board that
24.5declines to renew the coaching contract of a licensed or nonlicensed head varsity coach
24.6must notify the coach within 14 days of that decision. If the coach requests reasons for
24.7not renewing the coaching contract, the board must give the coach its reasons in writing
24.8within ten days of receiving the request. Upon request, the board must provide the coach
24.9with a reasonable opportunity to respond to the reasons at a board meeting. The hearing
24.10may be opened or closed at the election of the coach unless the board closes the meeting
24.11under section 13D.05, subdivision 2, to discuss nonpublic private data.

24.12    Sec. 55. Minnesota Statutes 2006, section 144.125, subdivision 3, is amended to read:
24.13    Subd. 3. Objection of parents to test Disclosure to parents; opt-out procedures.
24.14    (a) Persons with a duty to perform testing under subdivision 1 shall advise provide parents
24.15of infants with a document explaining: (1) that the blood or tissue samples used to
24.16perform testing thereunder as well as the results of such testing may be retained by the
24.17Department of Health,; (2) the benefit of retaining the blood or tissue sample,; and (3) that
24.18the following options are available to them with respect to the testing: (i) to decline to
24.19have the tests, or (ii) to elect to have the tests but to require that all blood samples and
24.20records of test results be destroyed within 24 months of the testing for the data that will
24.21be collected as a result of the testing; and (4) the ways in which the samples and data
24.22collected will be stored and used.
24.23    (b) The document provided under paragraph (a) must also inform parents of their
24.24right to opt-out of any aspect of the testing or subsequent data and sample storage or use,
24.25including the testing itself, and the length of time data and samples are kept, and clearly
24.26describe the process required to opt-out. If the parents of an infant object in writing to
24.27opt-out of testing for heritable and congenital disorders or elect to require that blood
24.28samples and test results be destroyed, the objection or election that decision shall be
24.29recorded on a form that is signed by a parent or legal guardian and made part of the infant's
24.30medical record. A written objection An opt-out exempts an infant from the requirements
24.31of this section and section 144.128.

24.32    Sec. 56. Minnesota Statutes 2006, section 171.07, subdivision 1a, is amended to read:
25.1    Subd. 1a. Filing photograph or image; data classification. The department shall
25.2file, or contract to file, all photographs or electronically produced images obtained in the
25.3process of issuing drivers' licenses or Minnesota identification cards. The photographs or
25.4electronically produced images shall be private data pursuant to section 13.02, subdivision
25.512 . Notwithstanding section 13.04, subdivision 3, the department shall not be required
25.6to provide copies of photographs or electronically produced images to data subjects.
25.7The use of the files is restricted:
25.8    (1) to the issuance and control of drivers' licenses;
25.9    (2) for law enforcement purposes in the investigation and prosecution of crimes;
25.10and to criminal justice agencies, as defined in section 299C.46, subdivision 2, for the
25.11investigation and prosecution of crimes, service of process, location of missing persons,
25.12investigation and preparation of cases for criminal, juvenile, and traffic court, and
25.13supervision of offenders;
25.14    (3) for to public defenders, as defined in section 611.272, for the investigation and
25.15preparation of cases for criminal, juvenile, and traffic courts; and
25.16    (4) to child support enforcement purposes under section 256.978.

25.17    Sec. 57. Minnesota Statutes 2006, section 268.19, subdivision 1, is amended to read:
25.18    Subdivision 1. Use of data. (a) Except as otherwise provided by this section, data
25.19gathered from any person pursuant to the administration of the Minnesota Unemployment
25.20Insurance Law are private data on individuals or nonpublic data not on individuals as
25.21defined in section 13.02, subdivisions 9 and 12, and may not be disclosed except pursuant
25.22to a district court order or section 13.05. A subpoena shall not be considered a district
25.23court order. These data may be disseminated to and used by the following agencies
25.24without the consent of the subject of the data:
25.25    (1) state and federal agencies specifically authorized access to the data by state
25.26or federal law;
25.27    (2) any agency of any other state or any federal agency charged with the
25.28administration of an unemployment insurance program;
25.29    (3) any agency responsible for the maintenance of a system of public employment
25.30offices for the purpose of assisting individuals in obtaining employment;
25.31    (4) human rights agencies within Minnesota that have enforcement powers;
25.32    (5) the Department of Revenue only to the extent necessary for its duties under
25.33Minnesota laws;
26.1    (6) public and private agencies responsible for administering publicly financed
26.2assistance programs for the purpose of monitoring the eligibility of the program's
26.3recipients;
26.4    (7) the Department of Labor and Industry and the Division of Insurance Fraud
26.5Prevention in the Department of Commerce on an interchangeable basis with the
26.6department for uses consistent with the administration of their duties under Minnesota law;
26.7    (8) local and state welfare agencies for monitoring the eligibility of the data subject
26.8for assistance programs, or for any employment or training program administered by those
26.9agencies, whether alone, in combination with another welfare agency, or in conjunction
26.10with the department or to monitor and evaluate the statewide Minnesota family investment
26.11program by providing data on recipients and former recipients of food stamps or food
26.12support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance
26.13under chapter 119B, or medical programs under chapter 256B, 256D, or 256L;
26.14    (9) local and state welfare agencies for the purpose of identifying employment,
26.15wages, and other information to assist in the collection of an overpayment debt in an
26.16assistance program;
26.17    (10) local, state, and federal law enforcement agencies for the sole purpose of
26.18ascertaining the last known address and employment location of a person who is the
26.19subject of a criminal investigation;
26.20    (11) the federal Immigration and Naturalization Service shall have access to data on
26.21specific individuals and specific employers provided the specific individual or specific
26.22employer is the subject of an investigation by that agency; and
26.23    (12) the Department of Health solely for the purposes of epidemiologic
26.24investigations; and
26.25    (13) the Department of Corrections for the purpose of postconfinement employment
26.26tracking of individuals who had been committed to the custody of the commissioner
26.27of corrections.
26.28    (b) Data on individuals and employers that are collected, maintained, or used by the
26.29department in an investigation pursuant to section 268.182 are confidential as to data on
26.30individuals and protected nonpublic data not on individuals as defined in section 13.02,
26.31subdivisions 3 and 13 , and must not be disclosed except pursuant to statute or district
26.32court order or to a party named in a criminal proceeding, administrative or judicial, for
26.33preparation of a defense.
26.34    (c) Data gathered by the department pursuant to the administration of the Minnesota
26.35unemployment insurance program must not be made the subject or the basis for any
27.1suit in any civil proceedings, administrative or judicial, unless the action is initiated by
27.2the department.

27.3    Sec. 58. Minnesota Statutes 2006, section 270B.01, subdivision 8, is amended to read:
27.4    Subd. 8. Minnesota tax laws. For purposes of this chapter only, unless expressly
27.5stated otherwise, "Minnesota tax laws" means:
27.6    (1) the taxes, refunds, and fees administered by or paid to the commissioner under
27.7chapters 115B, 289A (except taxes imposed under sections 298.01, 298.015, and 298.24),
27.8290, 290A, 291, 295, 297A, 297B, and 297H, or any similar Indian tribal tax administered
27.9by the commissioner pursuant to any tax agreement between the state and the Indian tribal
27.10government, and includes any laws for the assessment, collection, and enforcement of
27.11those taxes, refunds, and fees; and
27.12    (2) section 273.1315.
27.13EFFECTIVE DATE.This section is effective the day following final enactment.

27.14    Sec. 59. Minnesota Statutes 2006, section 270B.02, subdivision 3, is amended to read:
27.15    Subd. 3. Confidential data on individuals; protected nonpublic data. (a) Except
27.16as provided in paragraph (b), the name or existence of an informer, informer letters, and
27.17other data, in whatever form, given to the Department of Revenue by a person, other than
27.18the data subject, who informs that a specific person is not or may not be in compliance
27.19with tax laws, or nontax laws administered by the Department of Revenue, including laws
27.20other than those relating to property taxes not listed in section 270B.01, subdivision 8, are
27.21confidential data on individuals or protected nonpublic data as defined in section 13.02,
27.22subdivisions 3 and 13 . This paragraph does not apply to laws relating to property taxes.
27.23    (b) Data under paragraph (a) may be disclosed with the consent of the informer
27.24or upon a written finding by a court that the information provided by the informer was
27.25false and that there is evidence that the information was provided in bad faith. This
27.26subdivision does not alter disclosure responsibilities or obligations under the Rules of
27.27Criminal Procedure.
27.28EFFECTIVE DATE.This section is effective the day following final enactment.

27.29    Sec. 60. Minnesota Statutes 2006, section 270B.085, is amended by adding a
27.30subdivision to read:
27.31    Subd. 3. Collection of nontax debt. The commissioner may use return information
27.32for the purpose of collecting debts referred to the commissioner under chapter 16D.
28.1EFFECTIVE DATE.This section is effective the day following final enactment.

28.2    Sec. 61. Minnesota Statutes 2006, section 270B.14, subdivision 3, is amended to read:
28.3    Subd. 3. Administration of enterprise, job opportunity, and biotechnology
28.4and health sciences industry zone program programs. The commissioner may
28.5disclose return information relating to the taxes imposed by chapters 290 and 297A to
28.6the Department of Employment and Economic Development or a municipality receiving
28.7an enterprise zone designation under section 469.169 but only as necessary to administer
28.8the funding limitations under section 469.169, subdivision 7., or to the Department
28.9of Employment and Economic Development and appropriate officials from the local
28.10government units in which a qualified business is located but only as necessary to enforce
28.11the job opportunity building zone benefits under section 469.315, or biotechnology and
28.12health sciences industry zone benefits under section 469.336.
28.13EFFECTIVE DATE.This section is effective the day following final enactment.

28.14    Sec. 62. Minnesota Statutes 2006, section 273.1315, is amended to read:
28.15273.1315 CERTIFICATION OF CLASS 1B PROPERTY.
28.16    Subdivision 1. Class 1b homestead declaration before 2008. Any property owner
28.17seeking classification and assessment of the owner's homestead as class 1b property
28.18pursuant to section 273.13, subdivision 22, paragraph (b), on or before October 1, 2007,
28.19shall file with the commissioner of revenue a 1b homestead declaration, on a form
28.20prescribed by the commissioner. The declaration shall contain the following information:
28.21    (a) the information necessary to verify that on or before June 30 of the filing year,
28.22the property owner or the owner's spouse satisfies the requirements of section 273.13,
28.23subdivision 22 , paragraph (b), for 1b classification; and
28.24    (b) any additional information prescribed by the commissioner.
28.25    The declaration must be filed on or before October 1 to be effective for property
28.26taxes payable during the succeeding calendar year. The declaration and any supplementary
28.27information received from the property owner pursuant to this section shall be subject to
28.28chapter 270B. If approved by the commissioner, the declaration remains in effect until the
28.29property no longer qualifies under section 273.13, subdivision 22, paragraph (b). Failure
28.30to notify the commissioner within 30 days that the property no longer qualifies under that
28.31paragraph because of a sale, change in occupancy, or change in the status or condition
28.32of an occupant shall result in the penalty provided in section 273.124, subdivision 13,
29.1computed on the basis of the class 1b benefits for the property, and the property shall lose
29.2its current class 1b classification.
29.3    The commissioner shall provide to the assessor on or before November 1 a listing
29.4of the parcels of property qualifying for 1b classification.
29.5    Subd. 2. Class 1b homestead declaration 2008 and thereafter. Any property
29.6owner seeking classification and assessment of the owner's homestead as class 1b property
29.7pursuant to section 273.13, subdivision 22, paragraph (b), after October 1, 2007, shall file
29.8with the county assessor a class 1b homestead declaration, on a form prescribed by the
29.9commissioner of revenue. The declaration must contain the following information:
29.10    (1) the information necessary to verify that, on or before June 30 of the filing year,
29.11the property owner or the owner's spouse satisfies the requirements of section 273.13,
29.12subdivision 22, paragraph (b), for class 1b classification; and
29.13    (2) any additional information prescribed by the commissioner.
29.14    The declaration must be filed on or before October 1 to be effective for property
29.15taxes payable during the succeeding calendar year. The Social Security numbers and
29.16income and medical information received from the property owner pursuant to this section
29.17are private data on individuals as defined in section 13.02. If approved by the assessor, the
29.18declaration remains in effect until the property no longer qualifies under section 273.13,
29.19subdivision 22, paragraph (b). Failure to notify the assessor within 30 days that the
29.20property no longer qualifies under that paragraph because of a sale, change in occupancy,
29.21or change in the status or condition of an occupant shall result in the penalty provided in
29.22section 273.124, subdivision 13, computed on the basis of the class 1b benefits for the
29.23property, and the property shall lose its current class 1b classification.
29.24EFFECTIVE DATE.This section is effective the day following final enactment.

29.25    Sec. 63. Minnesota Statutes 2006, section 325E.59, subdivision 1, is amended to read:
29.26    Subdivision 1. Generally. (a) A person or entity, not including a government entity,
29.27may not do any of the following:
29.28    (1) publicly post or publicly display in any manner an individual's Social Security
29.29number. "Publicly post" or "publicly display" means to intentionally communicate or
29.30otherwise make available to the general public;
29.31    (2) print an individual's Social Security number on any card required for the
29.32individual to access products or services provided by the person or entity;
29.33    (3) require an individual to transmit the individual's Social Security number over
29.34the Internet, unless:
29.35    (i) the connection is secure or the Social Security number is encrypted,; and
30.1    (ii) the Social Security number is used to verify the identity of the individual, is used
30.2solely for that purpose, and it would be impracticable to use another method to verify the
30.3identity of the individual,
30.4    except as required by titles XVIII and XIX of the Social Security Act and by Code
30.5of Federal Regulations, title 42, section 483.20;
30.6    (4) require an individual to use the individual's Social Security number to access an
30.7Internet Web site, unless a password or unique personal identification number or other
30.8authentication device is also required to access the Internet Web site;
30.9    (5) print a number that the person or entity knows to be an individual's Social
30.10Security number on any materials that are mailed to the individual, unless state or federal
30.11law requires the Social Security number to be on the document to be mailed. If, in
30.12connection with a transaction involving or otherwise relating to an individual, a person or
30.13entity receives a number from a third party, that person or entity is under no duty to inquire
30.14or otherwise determine whether the number is or includes that individual's Social Security
30.15number and may print that number on materials mailed to the individual, unless the person
30.16or entity receiving the number has actual knowledge that the number is or includes the
30.17individual's Social Security number; (5) send or cause to be sent or delivered any letter,
30.18envelope, or package that displays a Social Security number on the face of the mailing
30.19envelope or package, or from which a Social Security number is visible, whether on the
30.20outside or inside of the mailing envelope or package. A person is further prohibited from
30.21printing a number that the person or entity knows to be an individual's Social Security
30.22number on any materials that are mailed to the individual, unless state or federal law
30.23requires the Social Security number to be on the document to be mailed or as part of
30.24applications and forms sent by mail, including documents sent as part of an application or
30.25enrollment process, or to establish, amend, administer, or terminate an account, contract,
30.26or policy, or to confirm the accuracy of the Social Security number;
30.27    (6) assign or use a number as the primary account identifier that is identical to or
30.28incorporates an individual's complete Social Security number; or
30.29    (7) sell Social Security numbers obtained from individuals in the course of business;
30.30    (8) lease, loan, trade, or rent an individual's Social Security number to a nonaffiliated
30.31third party;
30.32    (9) refuse to do business with an individual because the individual will not consent to
30.33the disclosure of, or provide, the individual's Social Security number, unless in connection
30.34with the transaction:
31.1    (i) the person or entity has a permissible purpose to obtain the individual's consumer
31.2report under the federal Fair Credit Reporting Act, United States Code, title 15, section
31.31681(b);
31.4    (ii) the person or entity is expressly required or authorized pursuant to federal, state,
31.5county, or municipal law or authority to obtain the individual's Social Security number;
31.6    (iii) the person or entity has a reasonable basis to believe that the individual is
31.7using a false identity or false documents;
31.8    (iv) the business transaction cannot otherwise be completed without the individual's
31.9Social Security number; or
31.10    (v) the request is consistent with the purposes of and made by an entity regulated
31.11under Title V of the federal Gramm-Leach-Bliley Act, United States Code, title 15,
31.12section 6801 et seq.
31.13    Notwithstanding clauses (1) to (5), Social Security numbers may be included in
31.14applications and forms sent by mail, including documents sent as part of an application or
31.15enrollment process, or to establish, amend, or terminate an account, contract, or policy,
31.16or to confirm the accuracy of the Social Security number. Nothing in this paragraph
31.17authorizes inclusion of a Social Security number on the outside of a mailing or in the bulk
31.18mailing of a credit card solicitation offer.
31.19    (b) A person or entity, not including a government entity, must restrict access to
31.20individual Social Security numbers it holds so that only employees who require the
31.21numbers in order to perform their job duties have access to the numbers, except as required
31.22by titles XVIII and XIX of the Social Security Act and by Code of Federal Regulations,
31.23title 42, section 483.20.
31.24    (c) Except as provided in subdivision 2, this section applies only to the use of Social
31.25Security numbers on or after July 1, 2007.

31.26    Sec. 64. Minnesota Statutes 2006, section 325E.59, subdivision 3, is amended to read:
31.27    Subd. 3. Coordination with other law and general exclusions. This section does
31.28not prevent the collection, use, or release of a Social Security number:
31.29    (1) as required by state or federal law or the use of a Social Security number for
31.30internal verification or administrative purposes., or for purposes expressly permitted or
31.31authorized by the federal Fair Credit Reporting Act, United States Code, title 15, section
31.321681(b) or Title V of the Gramm-Leach-Bliley Act, United States Code, title 15, section
31.336801 et seq.;
31.34    (2) for civil or criminal claims or settlement administration, law enforcement,
31.35government, or public safety purposes, including employee background checks;
32.1    (3) when it is reasonably necessary for fraud prevention or identity verification and
32.2it would otherwise be impracticable to use another method;
32.3    (4) for internal verification or to administer payroll, health, retirement, or deferred
32.4compensation plans, benefits, or federally or state regulated investment products; or
32.5    (5) to approve, administer, maintain, or service an account, loan, or mortgage (i)
32.6when the transaction is originated, (ii) for review or management of the account, loan,
32.7or mortgage, or (iii) to be used when the account, loan, or mortgage is later transferred
32.8or sold, provided that the Social Security number is incidental to the larger transfer
32.9or sale and it would be impracticable to use another method to administer, maintain,
32.10or service the account, loan, or mortgage. For the purposes of this clause, "account" is
32.11defined as a checking, savings, or money market account at a federal or state regulated
32.12financial institution, or an open-ended line of credit as defined by the federal Regulation Z
32.13Section 226.2 (20).

32.14    Sec. 65. Minnesota Statutes 2006, section 325E.59, is amended by adding a subdivision
32.15to read:
32.16    Subd. 6. Penalties and remedies. A person violating this section is subject to
32.17the penalties and remedies in section 8.31.

32.18    Sec. 66. [473.1291] CLASSIFICATION OF CERTAIN LABOR RELATIONS
32.19DATA.
32.20    Notwithstanding section 13.37, the Metropolitan Council may classify all or any
32.21portion of a management or employee organization position or proposal on economic
32.22or noneconomic items that has been presented by either party during the collective
32.23bargaining process with the Amalgamated Transit Union, as the exclusive representative
32.24of a portion of the council's employees, as nonpublic data under section 13.02, subdivision
32.259. The collective bargaining process includes, without limitation, any mediation that
32.26occurs during the process. The Amalgamated Transit Union constitutes the subject of the
32.27data for the purposes of the definition of nonpublic data. The council may only make
32.28such a classification with the written concurrence of the union. The council may, at its
32.29sole discretion, withdraw the classification at any time and nothing in this section may
32.30be construed to limit or control release of the described data by the union. Any data
32.31classified as nonpublic under this section becomes public after the contract resulting from
32.32the collective bargaining process is executed by both parties.
32.33    This section applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
32.34Scott, and Washington.

33.1    Sec. 67. REPEALER.
33.2(a) Minnesota Statutes 2006, section 13.79, subdivision 2, is repealed.
33.3(b) Minnesota Statutes 2006, section 325E.59, subdivision 2, is repealed.

33.4    Sec. 68. EFFECTIVE DATE.
33.5    Sections 10 and 66 are effective the day following final enactment and apply
33.6to positions or proposals presented before or after the effective date which have not
33.7previously been released to the public. Sections 63, 65, and 67, paragraph (b), are
33.8effective July 1, 2007.