relating to government data practices; providing for parole and probation
authorities to have access to certain records; modifying landowners' bill
of rights; modifying data practices provisions in the Department of Labor
and Industry; classifying certain transportation department data; classifying
certain labor relations data related to the Metropolitan Council as nonpublic
data; requiring state and local law enforcement agencies to provide certain
information; clarifying duties and classifications; making technical changes;
modifying damages for liability; authorizing an innocent party's name associated
with a criminal history to be redacted under certain circumstances;amending
Minnesota Statutes 2006, sections 13.02, subdivisions 8, 11; 13.03, subdivision
4; 13.04, subdivisions 3, 4; 13.05, subdivision 10; 13.072, subdivision 1; 13.08,
subdivisions 1, 4; 13.202, subdivision 11; 13.32, subdivision 5; 13.35; 13.355,
subdivision 1; 13.3806, by adding a subdivision; 13.384, subdivisions 1, 2;
13.386, subdivision 3; 13.39, subdivisions 1, 2, 2a, 3; 13.392, subdivision 1;
13.393; 13.40, subdivisions 1, 3; 13.41, subdivision 3; 13.43, subdivisions 2, 5, 7,
9, 10, 11; 13.435; 13.44, subdivisions 1, 2, 3; 13.462, subdivisions 1, 2, 3; 13.48;
13.552, subdivision 3; 13.591, subdivision 4; 13.72, by adding subdivisions;
13.861, subdivision 1; 13.87, subdivisions 1, 2, by adding a subdivision;
84.0274, subdivision 5; 122A.33, subdivision 3; 144.125, subdivision 3; 171.07,
subdivision 1a; 268.19, subdivision 1; 270B.01, subdivision 8; 270B.02,
subdivision 3; 270B.085, by adding a subdivision; 270B.14, subdivision 3;
273.1315; 325E.59, subdivisions 1, 3, by adding a subdivision; proposing coding
for new law in Minnesota Statutes, chapters 13; 473; repealing Minnesota
Statutes 2006, sections 13.79, subdivision 2; 325E.59, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2006, section 13.02, subdivision 8, is amended to read:
Subd. 8. Individual.
"Individual" means a natural person. In the case of a minor or
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
acting as a parent or guardian in the absence of a parent or guardian, except that the
responsible authority shall withhold data from parents or guardians, or individuals acting
as parents or guardians in the absence of parents or guardians, upon request by the minor
if the responsible authority determines that withholding the data would be in the best
interest of the minor.
Sec. 2. 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
, 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
any political subdivision,
2.13 statewide system or state agency a government entity
, 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
state agencies, political subdivisions
2.16 or statewide systems a government entity
Sec. 3. Minnesota Statutes 2006, section 13.03, subdivision 4, is amended to read:
Subd. 4. Change in classification of data; effect of dissemination among
(a) The classification of data in the possession of an entity shall change if it is
required to do so to comply with either judicial or administrative rules pertaining to the
conduct of legal actions or with a specific statute applicable to the data in the possession
of the disseminating or receiving entity.
(b) If data on individuals is classified as both private and confidential by this chapter,
or any other statute or federal law, the data is private.
(c) To the extent that government data is disseminated to a government entity by
another government entity, the data disseminated shall have the same classification in the
hands of the entity receiving it as it had in the hands of the entity providing it.
(d) If a government entity disseminates data to another government entity, a
classification provided for by law in the hands of the entity receiving the data does not
affect 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
Sec. 4. Minnesota Statutes 2006, section 13.04, subdivision 3, is amended to read:
Subd. 3. Access to data by individual.
Upon request to a responsible authority
, 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
shall provide copies of the private or public data upon request by the individual
subject of the data. The responsible authority or designee
may require the requesting
person to pay the actual costs of making
, and compiling
The responsible authority or designee
shall 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. 5. 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
state agency, political subdivision, or statewide
4.3 system government entity
without regard to the requirements of section
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. 6. Minnesota Statutes 2006, section 13.05, subdivision 10, is amended to read:
Subd. 10. International dissemination.
state agency or political subdivision
shall 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. 7. Minnesota Statutes 2006, section 13.072, subdivision 1, is amended to read:
Subdivision 1. Opinion; when required.
(a) Upon request of a government entity,
the commissioner may give a written opinion on any question relating to public access
to government data, rights of subjects of data, or classification of data under this chapter
or other Minnesota statutes governing government data practices. Upon request of any
person who disagrees with a determination regarding data practices made by a government
entity, the commissioner may give a written opinion regarding the person's rights as a
subject of government data or right to have access to government data.
(b) Upon request of a body subject to chapter 13D, the commissioner may give a
written opinion on any question relating to the body's duties under chapter 13D. Upon
request of a person who disagrees with the manner in which members of a governing body
perform their duties under chapter 13D, the commissioner may give a written opinion
on compliance with chapter 13D. A governing body or person requesting an opinion
under this paragraph must pay the commissioner a fee of $200. Money received by the
commissioner under this paragraph is appropriated to the commissioner for the purposes
of this section.
(c) If the commissioner determines that no opinion will be issued, the commissioner
shall give the government entity or body subject to chapter 13D or person requesting
the opinion notice of the decision not to issue the opinion within five business days of
receipt of the request. If this notice is not given, the commissioner shall issue an opinion
within 20 days of receipt of the request.
(d) For good cause and upon written notice to the person requesting the opinion,
the commissioner may extend this deadline for one additional 30-day period. The notice
must state the reason for extending the deadline. The government entity or the members
of a body subject to chapter 13D must be provided a reasonable opportunity to explain the
reasons for its decision regarding the data or how they perform their duties under chapter
13D. The commissioner or the government entity or body subject to chapter 13D may
choose to give notice to the subject of the data concerning the dispute regarding the data
or compliance with chapter 13D.
(e) This section does not apply to a determination made by the commissioner of
health under section
13.3805, subdivision 1
, paragraph (b), or
(f) A written, numbered, and published
opinion issued by the attorney general shall
take precedence over an opinion issued by the commissioner under this section.
Sec. 8. Minnesota Statutes 2006, section 13.08, subdivision 1, is amended to read:
Subdivision 1. Action for damages.
, a responsible
authority or government entity which violates any provision of this chapter is liable to a
person or representative of a decedent who suffers any damage as a result of the violation,
and the person damaged or a representative in the case of private data on decedents or
confidential data on decedents may bring an action against the responsible authority or
government entity to cover any damages sustained, plus costs and reasonable attorney
fees. In the case of a willful violation, the government entity shall, in addition, be liable
to exemplary damages of not less than
, nor more than
each violation. The state is deemed to have waived any immunity to a cause of action
brought under this chapter.
Sec. 9. Minnesota Statutes 2006, section 13.08, subdivision 4, is amended to read:
Subd. 4. Action to compel compliance.
(a) In addition to the remedies provided in
subdivisions 1 to 3 or any other law, any aggrieved person seeking to enforce the person's
rights under this chapter or obtain access to data may bring an action in district court to
compel compliance with this chapter and may recover costs and disbursements, including
reasonable attorney's fees, as determined by the court. If the court determines that an action
brought under this subdivision is frivolous and without merit and a basis in fact, it may
award reasonable costs and attorney fees to the responsible authority. If the court issues an
order to compel compliance under this subdivision, the court may impose a civil penalty
of up to
against the government entity. This penalty is payable to the state
general fund and is in addition to damages under subdivision 1. The matter shall be heard
as soon as possible. In an action involving a request for government data under section
, the court may inspect in camera the government data in dispute, but shall
conduct its hearing in public and in a manner that protects the security of data classified as
not public. If the court issues an order to compel compliance under this subdivision, the
court shall forward a copy of the order to the commissioner of administration.
(b) In determining whether to assess a civil penalty under this subdivision, the court
shall consider whether the government entity has substantially complied with general
data practices under this chapter, including but not limited to, whether the government
(1) designated a responsible authority under section
13.02, subdivision 16
(2) designated a data practices compliance official under section
(3) prepared the public document that names the responsible authority and describes
the records and data on individuals that are maintained by the government entity under
13.05, subdivision 1
(4) developed public access procedures under section
13.03, subdivision 2
procedures to guarantee the rights of data subjects under section
13.05, subdivision 8
procedures to ensure that data on individuals are accurate and complete and to safeguard
the data's security under section
13.05, subdivision 5
sought an oral, written, or electronic opinion from the commissioner of
6.21 administration related to the matter at issue and acted in conformity with that opinion or
acted in conformity with an opinion issued under section
that was sought by a
6.23government entity or
another person; or
(6) provided ongoing training to government entity personnel who respond to
requests under this chapter.
(c) The court shall award reasonable attorney fees to a prevailing plaintiff who has
brought an action under this subdivision if the government entity that is the defendant in
the action was also the subject of a written opinion issued under section
court finds that the opinion is directly related to the cause of action being litigated and that
the government entity did not act in conformity with the opinion.
Sec. 10. Minnesota Statutes 2006, section 13.202, subdivision 11, is amended to read:
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.
Affirmative action plans. Treatment of data relating to metropolitan agency
affirmative action plans is governed by section
473.143, subdivisions 5 and 7
Contracts for management services. Data relating to compensation of
personnel who work under a management service contract are classified by section
7.5473.405, subdivision 12
Arena acquisition. Certain data in connection with a decision whether to
acquire a sports arena are classified under section
473.598, subdivision 4
Airports commission. Certain airline data submitted to the Metropolitan
Airports Commission in connection with the issuance of revenue bonds are classified
473.6671, subdivision 3
Solid waste landfill fee. Information obtained from the operator of a mixed
municipal solid waste disposal facility under section
is classified under section
7.13473.843, subdivision 4
Sec. 11. Minnesota Statutes 2006, section 13.32, subdivision 5, is amended to read:
Subd. 5. Directory information.
Information designated as directory information
pursuant to the provisions of United States Code, title 20, section 1232g and Code of
Federal Regulations, title 34, section
which are in effect on
July 1, 1993 January
, is public data on individuals. When conducting the directory information
designation and notice process required by federal law, an educational agency or institution
shall give parents and students notice of the right to refuse to let the agency or institution
designate any or all data about the student as directory information. This notice may be
given by any means reasonably likely to inform the parents and students of the right.
Sec. 12. Minnesota Statutes 2006, section 13.35, is amended to read:
7.2413.35 FEDERAL CONTRACTS DATA.
To the extent that a federal agency requires it as a condition for contracting with
state agency or political subdivision government entity
, all government data collected
and maintained by the
state agency or political subdivision government entity
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. 13. Minnesota Statutes 2006, section 13.355, subdivision 1, is amended to read:
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,
8.1 or political subdivision government entity
are private data on individuals, except to the
extent that access to the Social Security number is specifically authorized by law.
Sec. 14. Minnesota Statutes 2006, section 13.3806, is amended by adding a subdivision
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.
Sec. 15. 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
(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
state agency or political subdivision government entity
and financial records, data provided by private health care facilities, and data provided by
or about relatives of the individual.
Sec. 16. 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
state agency or political subdivision government
under 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
state agency or political subdivision government entity
, 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. 17. Minnesota Statutes 2006, section 13.386, subdivision 3, is amended to read:
Subd. 3. Collection, storage, use, and dissemination of genetic information. (a)
Unless otherwise expressly provided by law, genetic information about an individual:
(1) may be collected by a government entity, as defined in section
7a, or any other person only with the written informed consent of the individual;
(2) may be used only for purposes to which the individual has given written
(3) may be stored only for a period of time to which the individual has given written
informed consent; and
(4) may be disseminated only:
(i) with the individual's written informed consent; or
(ii) if necessary in order to accomplish purposes described by clause (2). A consent
to disseminate genetic information under item (i) must be signed and dated. Unless
otherwise provided by law, such a consent is valid for one year or for a lesser period
specified in the consent.
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.
Sec. 18. 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
state agency, political
9.22 subdivision or statewide system government entity
Sec. 19. 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
, 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
10.2 agency, statewide system, or political subdivision government entity
under paragraph (a).
Sec. 20. Minnesota Statutes 2006, section 13.39, subdivision 2a, is amended to read:
Subd. 2a. Disclosure of data.
During the time when a civil legal action is
determined to be pending under subdivision 1, any person may bring an action in the
district court in the county where the data is maintained to obtain disclosure of data
classified as confidential or protected nonpublic under subdivision 2. The court may order
that all or part of the data be released to the public or to the person bringing the action.
In making the determination whether data shall be disclosed, the court shall consider
whether the benefit to the person bringing the action or to the public outweighs any harm
to the public, the
, or any person identified in the data. The data in dispute
shall be examined by the court in camera.
Sec. 21. 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
state agency, political subdivision, or statewide system
or by the chief attorney acting for the
state agency, political subdivision,
10.22 or statewide system government entity
not 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
10.27 agency, political subdivision, statewide system government entity
, or its attorney decides
to renew the civil action.
Sec. 22. Minnesota Statutes 2006, section 13.392, subdivision 1, is amended to read:
Subdivision 1. Confidential data or protected nonpublic data.
Data, notes, and
preliminary drafts of reports created, collected, and maintained by the internal audit offices
state agencies and political subdivisions government entities
, or persons performing
state agencies and political subdivisions government entities
, and relating to
an audit or investigation are confidential data on individuals or protected nonpublic data
until the final report has been published or the audit or investigation is no longer being
pursued actively, except that the data shall be disclosed as required to comply with section
. This section does not limit in any way:
(1) the state auditor's access to government data of political subdivisions or
data, notes, or preliminary drafts of reports of persons performing audits for political
(2) the public or a data subject's access to data classified by section
Sec. 23. Minnesota Statutes 2006, section 13.393, is amended to read:
Notwithstanding the provisions of this chapter and section
, the use, collection,
storage, and dissemination of data by an attorney acting in a professional capacity for
11.13 state, a state agency or a political subdivision a government entity
shall 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
, 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
Sec. 24. 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
any state agency, statewide system, or political subdivision a government entity
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
, clause (5).
(b) Data collected, maintained, used, or disseminated by a library or historical
records 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.
Sec. 25. 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
state agency, statewide system, or political subdivision government entity
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
Sec. 26. Minnesota Statutes 2006, section 13.41, subdivision 3, is amended to read:
Subd. 3. Board of Peace Officer Standards and Training.
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
state agency, statewide system, or political subdivision
that 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
, to law enforcement agencies who are conducting employment background
Sec. 27. 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
(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
13.12 statewide system, or political subdivision government entity
makes 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
state agency, statewide system,
13.19 political subdivision government entity
, or arbitrator.
state agency, statewide system, or political subdivision government entity
may display a photograph of a current or former employee to a prospective witness as
part of the
state agency's, statewide system's, or political subdivision's government entity's
investigation of any complaint or charge against the employee.
(d) A complainant has access to a statement provided by the complainant to a
13.25 agency, statewide system, or political subdivision government entity
in 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
(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 within state government
Sec. 28. Minnesota Statutes 2006, section 13.43, subdivision 5, is amended to read:
Subd. 5. Undercover law enforcement officer.
All personnel data maintained by
any state agency, statewide system or political subdivision a government entity
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. 29. Minnesota Statutes 2006, section 13.43, subdivision 7, is amended to read:
Subd. 7. Employee assistance data.
All data created, collected or maintained by
any state agency or political subdivision a government entity
to administer employee
assistance programs similar to the one authorized by section
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. 30. Minnesota Statutes 2006, section 13.43, subdivision 9, is amended to read:
Subd. 9. Peer counseling debriefing data.
(a) Data acquired by a peer group
member in a public safety peer counseling debriefing is private data on the person being
(b) For purposes of this subdivision, "public safety peer counseling debriefing" means
a group process oriented debriefing session held for peace officers, firefighters, medical
emergency persons, dispatchers, or other persons involved with public safety emergency
services, that is established by any
providing public safety emergency
services and is designed to help a person who has suffered an occupation-related traumatic
event begin the process of healing and effectively dealing with posttraumatic stress.
Sec. 31. Minnesota Statutes 2006, section 13.43, subdivision 10, is amended to read:
Subd. 10. Prohibition on agreements limiting disclosure or discussion of
state agency, statewide system, or political subdivision government
may 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
(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
(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. 32. 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
state agency, statewide system, or political subdivision government
reasonably 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
253B.07, subdivision 1
(3) to a court, law enforcement agency, or prosecuting authority.
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. 33. Minnesota Statutes 2006, section 13.435, is amended to read:
15.3413.435 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
state agencies, political
16.4 subdivisions or statewide systems government entities
are classified as nonpublic pursuant
13.02, subdivision 9
Sec. 34. 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
state agencies or political subdivisions government entities
concerning 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. 35. 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
political subdivision government entity
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
13.39, subdivision 2
13.82, subdivision 7
Sec. 36. 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
the state or a political subdivision a government entity
or by independent
appraisers acting for
the state or a political subdivision a government entity
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
the state or a political subdivision
16.29a government entity
are 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
Sec. 37. Minnesota Statutes 2006, section 13.462, subdivision 1, is amended to read:
Subdivision 1. Definition.
As used in this section, "benefit data" means data on
individuals collected or created because an individual seeks information about becoming,
is, or was an applicant for or a recipient of benefits or services provided under various
housing, home ownership, rehabilitation and community action agency, Head Start,
and food assistance programs administered by
state agencies, political subdivisions, or
17.10 statewide systems government entities
. Benefit data does not include welfare data which
shall be administered in accordance with section
Sec. 38. 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
any political subdivision,
17.15 state agency, or statewide system a government entity
that 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. 39. 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
state agency, political subdivision, or statewide system government entity
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. 40. Minnesota Statutes 2006, section 13.48, is amended to read:
17.3013.48 AWARD DATA.
Financial data on business entities submitted to a
state agency, statewide system, or
17.32 political subdivision government entity
for the purpose of presenting awards to business
entities for achievements in business development or performance are private data on
individuals or nonpublic data.
Sec. 41. Minnesota Statutes 2006, section 13.552, subdivision 3, is amended to read:
Subd. 3. Data provided under subpoena.
Data supplied by a
18.5 statewide system, or political subdivision government entity
pursuant to a subpoena issued
by the commissioner of human rights is governed by section
363A.06, subdivision 2
Sec. 42. Minnesota Statutes 2006, section 13.591, subdivision 4, is amended to read:
Subd. 4. Classification of evaluative data; data sharing.
(a) Data created or
maintained by a government entity as part of the selection or evaluation process referred
to in this section are protected nonpublic data until completion of the selection process or
completion of the evaluation process at which time the data are public with the exception
of trade secret data as defined and classified in section
(b) If a
state agency government entity
asks employees of other
to assist with the selection of the responses to a request for bid or the
evaluation of responses to a request for proposal, the
state agency government entity
share not public data in the responses with those employees. The employees participating
in the selection or evaluation may not further disseminate the not public data they review.
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
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.
Sec. 44. Minnesota Statutes 2006, section 13.72, is amended by adding a subdivision
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.
Sec. 45. Minnesota Statutes 2006, section 13.72, is amended by adding a subdivision
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.
Sec. 46. Minnesota Statutes 2006, section 13.72, is amended by adding a subdivision
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.
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.
Sec. 48. 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
21.7 agency or political subdivision government entity
as a part of
the governmental that
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. 49. Minnesota Statutes 2006, section 13.87, subdivision 1, is amended to read:
Subdivision 1. Criminal history data.
(a) Definition. For purposes of this
subdivision, "criminal history data" means all data maintained in criminal history
records compiled by the Bureau of Criminal Apprehension and disseminated through
the criminal justice information system, including, but not limited to fingerprints,
photographs, identification data, arrest data, prosecution data, criminal court data, custody
and supervision data.
(b) Classification. Criminal history data maintained by agencies, political
subdivisions and statewide systems are classified as private, pursuant to section
, except that data created, collected, or maintained by the Bureau of
Criminal Apprehension that identify an individual who was convicted of a crime, the
offense of which the individual was convicted, associated court disposition and sentence
information, controlling agency, and confinement information are public data for 15 years
following 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.
The Bureau of Criminal Apprehension shall provide to the public at the central office
of the bureau the ability to inspect in person, at no charge, through a computer monitor the
criminal conviction data classified as public under this subdivision.
(c) Limitation. Nothing in paragraph (a) or (b) shall limit public access to data
made public by section
Sec. 50. 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
22.4 political subdivisions or statewide systems government entities
pursuant to sections
are classified as private, pursuant to section
13.02, subdivision 12
Sec. 51. Minnesota Statutes 2006, section 13.87, is amended by adding a subdivision
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.
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
22.20 (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.
Sec. 53. Minnesota Statutes 2006, section 84.0274, subdivision 5, is amended to read:
Subd. 5. Owner's rights.
When the state proposes to purchase in fee or any lesser
interest in land which will be administered by the commissioner of natural resources, the
landowner shall have the following rights:
(a) The right to be informed of the specific intended use of the property and of any
change in the intended use of the property which occurs during the acquisition process.
The owner shall also be informed that the documents regarding the purchase will be public
records if the land is purchased by the state;
(b) The right to be paid a fair price for the property. The price shall include the
fair market value of the land plus:
(1) All necessary incidental costs such as abstracting and recording fees related
to the sale. The costs of clearing title defects, paying taxes, and attorney's fees are not
(2) Any penalties incurred by the owner where the property is security for a loan
or advance of credit that contains a provision requiring or permitting the imposition of a
penalty if the loan or advance of credit is prepaid;
(c) The right to payment, at the owner's election, in a lump sum or in up to four
(d) The right to have the property fairly appraised by the state. The state's appraiser
shall physically inspect the property and shall allow the owner along when the appraisal
is made. The state's appraiser shall certify in the appraisal report to having physically
inspected the property and having given the landowner an opportunity to go along on
inspections. Notwithstanding section 13.44, subdivision 3, before an offer is made,
landowner shall be
given a resume of the state's certified appraisal. The resume shall
23.21 include the appraiser's conclusions as to value, acreage and type of land, value of buildings
23.22 and other improvements, value of timber, special damages and any special elements of
23.23 value informed of the value determined pursuant to section 84.0272
(e) The right to retain a qualified independent appraiser to conduct an appraisal at any
time prior to certification of the state's appraisal of the property and to be reimbursed for
appraisal fees as provided in section
117.232, subdivision 1
, if the land is sold to the state
and to have that appraisal considered along with the state's in certifying the selling price;
(f) The right to have the state acquire the property by means of condemnation upon
the owner's request with the agreement of the commissioner;
(g) The right to receive or waive relocation assistance, services, payments and
benefits as provided in sections
(h) The right to accept the state's offer for the property and contest the state's offer
for relocation and moving expenses;
(i) The right to continue occupancy of the property until full payment is received,
provided that when the owner elects to receive payment in annual installments pursuant to
clause (c), the owner may retain occupancy until the first payment is made; and
(j) The right to seek the advice of counsel regarding any aspect of the land
Sec. 54. Minnesota Statutes 2006, section 122A.33, subdivision 3, is amended to read:
Subd. 3. Notice of nonrenewal; opportunity to respond.
A school board that
declines to renew the coaching contract of a licensed or nonlicensed head varsity coach
must notify the coach within 14 days of that decision. If the coach requests reasons for
not renewing the coaching contract, the board must give the coach its reasons in writing
within ten days of receiving the request. Upon request, the board must provide the coach
with a reasonable opportunity to respond to the reasons at a board meeting. The hearing
may be opened or closed at the election of the coach unless the board closes the meeting
13D.05, subdivision 2
, to discuss
Sec. 55. Minnesota Statutes 2006, section 144.125, subdivision 3, is amended to read:
Objection of parents to test Disclosure to parents; opt-out procedures.
Persons with a duty to perform testing under subdivision 1 shall
of infants with a document explaining:
(1) that the blood or tissue samples used to
perform testing thereunder as well as the results of such testing may be retained by the
Department of Health
(2) the benefit of retaining the blood or tissue sample
the following options are available to them with respect to the testing: (i) to decline to
have the tests, or (ii) to elect to have the tests but to require that all blood samples and
records 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
testing for heritable and congenital disorders or elect to require that blood
samples and test results be destroyed,
the objection or election that decision
recorded on a form that is signed by a parent or legal guardian and made part of the infant's
A written objection An opt-out
exempts an infant from the requirements
of this section and section
Sec. 56. Minnesota Statutes 2006, section 171.07, subdivision 1a, is amended to read:
Subd. 1a. Filing photograph or image; data classification.
The department shall
file, or contract to file, all photographs or electronically produced images obtained in the
process of issuing drivers' licenses or Minnesota identification cards. The photographs or
electronically produced images shall be private data pursuant to section
. Notwithstanding section
13.04, subdivision 3
, the department shall not be required
to provide copies of photographs or electronically produced images to data subjects.
The use of the files is restricted:
(1) to the issuance and control of drivers' licenses;
for law enforcement purposes in the investigation and prosecution of crimes;
25.10 and 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;
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
Sec. 57. Minnesota Statutes 2006, section 268.19, subdivision 1, is amended to read:
Subdivision 1. Use of data.
(a) Except as otherwise provided by this section, data
gathered from any person pursuant to the administration of the Minnesota Unemployment
Insurance Law are private data on individuals or nonpublic data not on individuals as
defined in section
13.02, subdivisions 9 and 12
, and may not be disclosed except pursuant
to a district court order or section
. A subpoena shall not be considered a district
court order. These data may be disseminated to and used by the following agencies
without the consent of the subject of the data:
(1) state and federal agencies specifically authorized access to the data by state
or federal law;
(2) any agency of any other state or any federal agency charged with the
administration of an unemployment insurance program;
(3) any agency responsible for the maintenance of a system of public employment
offices for the purpose of assisting individuals in obtaining employment;
(4) human rights agencies within Minnesota that have enforcement powers;
(5) the Department of Revenue only to the extent necessary for its duties under
(6) public and private agencies responsible for administering publicly financed
assistance programs for the purpose of monitoring the eligibility of the program's
(7) the Department of Labor and Industry and the Division of Insurance Fraud
Prevention in the Department of Commerce on an interchangeable basis with the
department for uses consistent with the administration of their duties under Minnesota law;
(8) local and state welfare agencies for monitoring the eligibility of the data subject
for assistance programs, or for any employment or training program administered by those
agencies, whether alone, in combination with another welfare agency, or in conjunction
with the department or to monitor and evaluate the statewide Minnesota family investment
program by providing data on recipients and former recipients of food stamps or food
support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance
under chapter 119B, or medical programs under chapter 256B, 256D, or 256L;
(9) local and state welfare agencies for the purpose of identifying employment,
wages, and other information to assist in the collection of an overpayment debt in an
(10) local, state, and federal law enforcement agencies for the sole purpose of
ascertaining the last known address and employment location of a person who is the
subject of a criminal investigation;
(11) the federal Immigration and Naturalization Service shall have access to data on
specific individuals and specific employers provided the specific individual or specific
employer is the subject of an investigation by that agency;
(12) the Department of Health solely for the purposes of epidemiologic
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
(b) Data on individuals and employers that are collected, maintained, or used by the
department in an investigation pursuant to section
are confidential as to data on
individuals and protected nonpublic data not on individuals as defined in section
26.31subdivisions 3 and 13
, and must not be disclosed except pursuant to statute or district
court order or to a party named in a criminal proceeding, administrative or judicial, for
preparation of a defense.
(c) Data gathered by the department pursuant to the administration of the Minnesota
unemployment insurance program must not be made the subject or the basis for any
suit in any civil proceedings, administrative or judicial, unless the action is initiated by
Sec. 58. Minnesota Statutes 2006, section 270B.01, subdivision 8, is amended to read:
Subd. 8. Minnesota tax laws.
For purposes of this chapter only, unless expressly
stated otherwise, "Minnesota tax laws" means:
(1) the taxes, refunds, and fees administered by or paid to the commissioner under
chapters 115B, 289A (except taxes imposed under sections
, and 298.24),
290, 290A, 291, 295, 297A, 297B,
and 297H, or any similar Indian tribal tax administered
by the commissioner pursuant to any tax agreement between the state and the Indian tribal
government, and includes any laws for the assessment, collection, and enforcement of
those taxes, refunds, and fees; and
27.13EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 59. Minnesota Statutes 2006, section 270B.02, subdivision 3, is amended to read:
Subd. 3. Confidential data on individuals; protected nonpublic data.
as provided in paragraph (b), the name or existence of an informer, informer letters, and
other data, in whatever form, given to the Department of Revenue by a person, other than
the data subject, who informs that a specific person is not or may not be in compliance
with tax laws, or nontax laws administered by the Department of Revenue, including laws
other than those relating to property taxes
not listed in section
270B.01, subdivision 8
confidential data on individuals or protected nonpublic data as defined in section
27.22subdivisions 3 and 13
. This paragraph does not apply to laws relating to property taxes.
(b) Data under paragraph (a) may be disclosed with the consent of the informer
or upon a written finding by a court that the information provided by the informer was
false and that there is evidence that the information was provided in bad faith. This
subdivision does not alter disclosure responsibilities or obligations under the Rules of
27.28EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 60. Minnesota Statutes 2006, section 270B.085, is amended by adding a
subdivision 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.
Sec. 61. Minnesota Statutes 2006, section 270B.14, subdivision 3, is amended to read:
Subd. 3. Administration of enterprise, job opportunity, and biotechnology
28.4and health sciences industry zone
The commissioner may
disclose return information relating to the taxes imposed by chapters 290 and 297A to
the Department of Employment and Economic Development or a municipality receiving
an enterprise zone designation under section
but only as necessary to administer
the 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.
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
seeking classification and assessment of the owner's homestead as class 1b property
pursuant to section
273.13, subdivision 22
, paragraph (b), on or before October 1, 2007,
shall file with the commissioner of revenue a 1b homestead declaration, on a form
prescribed by the commissioner. The declaration shall contain the following information:
(a) the information necessary to verify that on or before June 30 of the filing year,
the property owner or the owner's spouse satisfies the requirements of section
, paragraph (b), for 1b classification; and
(b) any additional information prescribed by the commissioner.
The declaration must be filed on or before October 1 to be effective for property
taxes payable during the succeeding calendar year. The declaration and any supplementary
information received from the property owner pursuant to this section shall be subject to
chapter 270B. If approved by the commissioner, the declaration remains in effect until the
property no longer qualifies under section
273.13, subdivision 22
, paragraph (b). Failure
to notify the commissioner within 30 days that the property no longer qualifies under that
paragraph because of a sale, change in occupancy, or change in the status or condition
of an occupant shall result in the penalty provided in section
273.124, subdivision 13
computed on the basis of the class 1b benefits for the property, and the property shall lose
its current class 1b classification.
The commissioner shall provide to the assessor on or before November 1 a listing
of 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.
Sec. 63. Minnesota Statutes 2006, section 325E.59, subdivision 1, is amended to read:
Subdivision 1. Generally.
(a) A person or entity, not including a government entity,
may not do any of the following:
(1) publicly post or publicly display in any manner an individual's Social Security
number. "Publicly post" or "publicly display" means to intentionally communicate or
otherwise make available to the general public;
(2) print an individual's Social Security number on any card required for the
individual to access products or services provided by the person or entity;
(3) require an individual to transmit the individual's Social Security number over
the Internet, unless:
the connection is secure or the Social Security number is encrypted
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,
except as required by titles XVIII and XIX of the Social Security Act and by Code
of Federal Regulations, title 42, section
(4) require an individual to use the individual's Social Security number to access an
Internet Web site, unless a password or unique personal identification number or other
authentication device is also required to access the Internet Web site;
(5) print a number that the person or entity knows to be an individual's Social
30.10 Security number on any materials that are mailed to the individual, unless state or federal
30.11 law requires the Social Security number to be on the document to be mailed . If, in
30.12 connection with a transaction involving or otherwise relating to an individual, a person or
30.13 entity receives a number from a third party, that person or entity is under no duty to inquire
30.14 or otherwise determine whether the number is or includes that individual's Social Security
30.15 number and may print that number on materials mailed to the individual, unless the person
30.16 or entity receiving the number has actual knowledge that the number is or includes the
30.17 individual'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;
(6) assign or use a number as the primary account identifier that is identical to or
incorporates an individual's complete Social Security number;
(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
30.32 (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
31.4 (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
Notwithstanding clauses (1) to (5), Social Security numbers may be included in
31.14 applications and forms sent by mail, including documents sent as part of an application or
31.15 enrollment process, or to establish, amend, or terminate an account, contract, or policy,
31.16 or to confirm the accuracy of the Social Security number. Nothing in this paragraph
31.17 authorizes inclusion of a Social Security number on the outside of a mailing or in the bulk
31.18 mailing of a credit card solicitation offer.
(b) A person or entity, not including a government entity, must restrict access to
individual Social Security numbers it holds so that only employees who require the
numbers in order to perform their job duties have access to the numbers, except as required
by titles XVIII and XIX of the Social Security Act and by Code of Federal Regulations,
title 42, section
(c) Except as provided in subdivision 2, this section applies only to the use of Social
31.25 Security numbers on or after July 1, 2007.
Sec. 64. Minnesota Statutes 2006, section 325E.59, subdivision 3, is amended to read:
Subd. 3. Coordination with other law and general exclusions.
This section does
not prevent the collection, use, or release of a Social Security number:
as required by state or federal law
or the use of a Social Security number for
31.30 internal 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).
Sec. 65. Minnesota Statutes 2006, section 325E.59, is amended by adding a subdivision
32.16 Subd. 6. Penalties and remedies. A person violating this section is subject to
32.17the penalties and remedies in section 8.31.
Sec. 66. [473.1291] CLASSIFICATION OF CERTAIN LABOR RELATIONS
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.
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.
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.