SF 7

as introduced - 80th Legislature, 1997 1st Special Session (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to government data practices; classifying 
  1.3             data; making certain welfare and housing data 
  1.4             available to law enforcement agencies; classifying 
  1.5             data on individuals who receive homeless services; 
  1.6             eliminating the requirement that government agencies 
  1.7             pay a fee for commissioner's opinions; modifying 
  1.8             school immunization and health record provisions; 
  1.9             modifying patient consent to release of records for 
  1.10            research; requiring notice of investigations to health 
  1.11            board licensees; providing for juvenile justice system 
  1.12            access to certain education data; providing for 
  1.13            disclosure or inspection of certain tax data or return 
  1.14            information; limiting disclosure of certain tax data 
  1.15            under subpoena; indexing statutes that restrict data 
  1.16            access and are located outside chapter 13; providing 
  1.17            criminal penalties; amending Minnesota Statutes 1996, 
  1.18            sections 13.32, subdivisions 1, 3, and by adding a 
  1.19            subdivision; 13.41, subdivision 2; 13.46, subdivision 
  1.20            2; 13.54, by adding a subdivision; 13.99, subdivision 
  1.21            53b, and by adding subdivisions; 53A.081, by adding a 
  1.22            subdivision; 123.70, subdivisions 5, 7, and 10; 
  1.23            144.29; 144.335, subdivision 3a; 214.10, subdivision 
  1.24            1; 260.161, by adding a subdivision; 270.66, 
  1.25            subdivision 3; 270B.01, subdivision 8, as amended; 
  1.26            270B.03, subdivisions 1, 3, and 4; 270B.08, 
  1.27            subdivision 1; 270B.085, subdivision 1; 270B.09; 
  1.28            270B.12, subdivision 7; 270B.14, subdivision 1, and by 
  1.29            adding subdivisions; 270B.16; 287.34; and 626.556, 
  1.30            subdivision 11; proposing coding for new law in 
  1.31            Minnesota Statutes, chapters 13; and 270B; repealing 
  1.32            Minnesota Statutes 1996, sections 13.072, subdivision 
  1.33            3; and 13.71, subdivisions 18, 19, 20, and 21. 
  1.34  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.35     Section 1.  Minnesota Statutes 1996, section 13.32, 
  1.36  subdivision 1, is amended to read: 
  1.37     Subdivision 1.  [DEFINITIONS.] As used in this section: 
  1.38     (a) "Educational data" means data on individuals maintained 
  1.39  by a public educational agency or institution or by a person 
  2.1   acting for the agency or institution which relates to a student. 
  2.2      Records of instructional personnel which are in the sole 
  2.3   possession of the maker thereof and are not accessible or 
  2.4   revealed to any other individual except a substitute teacher, 
  2.5   and are destroyed at the end of the school year, shall not be 
  2.6   deemed to be government data.  
  2.7      Records of a law enforcement unit of a public educational 
  2.8   agency or institution which are maintained apart from education 
  2.9   data and are maintained solely for law enforcement purposes, and 
  2.10  are not disclosed to individuals other than law enforcement 
  2.11  officials of the jurisdiction are not educational data; 
  2.12  provided, that education records maintained by the educational 
  2.13  agency or institution are not disclosed to the personnel of the 
  2.14  law enforcement unit.  The University of Minnesota police 
  2.15  department is a law enforcement agency for purposes of section 
  2.16  13.82 and other sections of Minnesota Statutes dealing with law 
  2.17  enforcement records.  Records of organizations providing 
  2.18  security services to a public educational agency or institution 
  2.19  must be administered consistent with section 13.861. 
  2.20     Records relating to a student who is employed by a public 
  2.21  educational agency or institution which are made and maintained 
  2.22  in the normal course of business, relate exclusively to the 
  2.23  individual in that individual's capacity as an employee, and are 
  2.24  not available for use for any other purpose are classified 
  2.25  pursuant to section 13.43.  
  2.26     (b) "Juvenile justice system" includes criminal justice 
  2.27  agencies and the judiciary when involved in juvenile justice 
  2.28  activities. 
  2.29     (c) "Student" means an individual currently or formerly 
  2.30  enrolled or registered, applicants for enrollment or 
  2.31  registration at a public educational agency or institution, or 
  2.32  individuals who receive shared time educational services from a 
  2.33  public agency or institution. 
  2.34     (c) (d) "Substitute teacher" means an individual who 
  2.35  performs on a temporary basis the duties of the individual who 
  2.36  made the record, but does not include an individual who 
  3.1   permanently succeeds to the position of the maker of the record. 
  3.2      Sec. 2.  Minnesota Statutes 1996, section 13.32, 
  3.3   subdivision 3, is amended to read: 
  3.4      Subd. 3.  [PRIVATE DATA; WHEN DISCLOSURE IS PERMITTED.] 
  3.5   Except as provided in subdivision 5, educational data is private 
  3.6   data on individuals and shall not be disclosed except as follows:
  3.7      (a) Pursuant to section 13.05; 
  3.8      (b) Pursuant to a valid court order; 
  3.9      (c) Pursuant to a statute specifically authorizing access 
  3.10  to the private data; 
  3.11     (d) To disclose information in health and safety 
  3.12  emergencies pursuant to the provisions of United States Code, 
  3.13  title 20, section 1232g(b)(1)(I) and Code of Federal 
  3.14  Regulations, title 34, section 99.36 which are in effect on July 
  3.15  1, 1993; 
  3.16     (e) Pursuant to the provisions of United States Code, title 
  3.17  20, sections 1232g(b)(1), (b)(4)(A), (b)(4)(B), (b)(1)(B), 
  3.18  (b)(3) and Code of Federal Regulations, title 34, sections 
  3.19  99.31, 99.32, 99.33, 99.34, and 99.35 which are in effect on 
  3.20  July 1, 1993; 
  3.21     (f) To appropriate health authorities to the extent 
  3.22  necessary to administer immunization programs and for bona fide 
  3.23  epidemiologic investigations which the commissioner of health 
  3.24  determines are necessary to prevent disease or disability to 
  3.25  individuals in the public educational agency or institution in 
  3.26  which the investigation is being conducted; 
  3.27     (g) When disclosure is required for institutions that 
  3.28  participate in a program under title IV of the Higher Education 
  3.29  Act, United States Code, title 20, chapter 1092, in effect on 
  3.30  July 1, 1993; 
  3.31     (h) To the appropriate school district officials to the 
  3.32  extent necessary under subdivision 6, annually to indicate the 
  3.33  extent and content of remedial instruction, including the 
  3.34  results of assessment testing and academic performance at a 
  3.35  post-secondary institution during the previous academic year by 
  3.36  a student who graduated from a Minnesota school district within 
  4.1   two years before receiving the remedial instruction; or 
  4.2      (i) To appropriate authorities as provided in United States 
  4.3   Code, title 20, section 1232g(b)(1)(E)(ii), if the data concern 
  4.4   the juvenile justice system and the ability of the system to 
  4.5   effectively serve, prior to adjudication, the student whose 
  4.6   records are released; provided that the authorities to whom the 
  4.7   data are released submit a written request for the data that 
  4.8   certifies that the data will not be disclosed to any other 
  4.9   person except as authorized by law without the written consent 
  4.10  of the parent of the student and the request and a record of the 
  4.11  release are maintained in the student's file; or 
  4.12     (i) (j) To volunteers who are determined to have a 
  4.13  legitimate educational interest in the data and who are 
  4.14  conducting activities and events sponsored by or endorsed by the 
  4.15  educational agency or institution for students or former 
  4.16  students. 
  4.17     Sec. 3.  Minnesota Statutes 1996, section 13.32, is amended 
  4.18  by adding a subdivision to read: 
  4.19     Subd. 8.  [ACCESS BY JUVENILE JUSTICE SYSTEM.] Upon 
  4.20  request, the following education data shall be disclosed under 
  4.21  subdivision 3, clause (i), to the juvenile justice system:  a 
  4.22  student's full name, home address, telephone number, date of 
  4.23  birth; a student's school schedule, attendance record, and 
  4.24  photographs, if any; and parents' names, home addresses, and 
  4.25  telephone numbers. 
  4.26     Sec. 4.  Minnesota Statutes 1996, section 13.41, 
  4.27  subdivision 2, is amended to read: 
  4.28     Subd. 2.  [PRIVATE DATA; DESIGNATED ADDRESSES AND TELEPHONE 
  4.29  NUMBERS.] (a) The following data collected, created or 
  4.30  maintained by any licensing agency are classified as private, 
  4.31  pursuant to section 13.02, subdivision 12:  data, other than 
  4.32  their names and designated addresses, submitted by applicants 
  4.33  for licenses; the identity of complainants who have made reports 
  4.34  concerning licensees or applicants which appear in inactive 
  4.35  complaint data unless the complainant consents to the 
  4.36  disclosure; the nature or content of unsubstantiated complaints 
  5.1   when the information is not maintained in anticipation of legal 
  5.2   action; the identity of patients whose medical records are 
  5.3   received by any health licensing agency for purposes of review 
  5.4   or in anticipation of a contested matter; inactive investigative 
  5.5   data relating to violations of statutes or rules; and the record 
  5.6   of any disciplinary proceeding except as limited by subdivision 
  5.7   4. 
  5.8      (b) An applicant for a license shall designate on the 
  5.9   application a residence or business address and telephone number 
  5.10  at which the applicant can be contacted in connection with the 
  5.11  license application.  A licensee who is subject to a 
  5.12  health-related licensing board, as defined in section 214.01, 
  5.13  subdivision 2, shall designate a residence or business address 
  5.14  and telephone number at which the licensee can be contacted in 
  5.15  connection with the license. 
  5.16     Sec. 5.  Minnesota Statutes 1996, section 13.46, 
  5.17  subdivision 2, is amended to read: 
  5.18     Subd. 2.  [GENERAL.] (a) Unless the data is summary data or 
  5.19  a statute specifically provides a different classification, data 
  5.20  on individuals collected, maintained, used, or disseminated by 
  5.21  the welfare system is private data on individuals, and shall not 
  5.22  be disclosed except:  
  5.23     (1) pursuant to section 13.05; 
  5.24     (2) pursuant to court order; 
  5.25     (3) pursuant to a statute specifically authorizing access 
  5.26  to the private data; 
  5.27     (4) to an agent of the welfare system, including a law 
  5.28  enforcement person, attorney, or investigator acting for it in 
  5.29  the investigation or prosecution of a criminal or civil 
  5.30  proceeding relating to the administration of a program; 
  5.31     (5) to personnel of the welfare system who require the data 
  5.32  to determine eligibility, amount of assistance, and the need to 
  5.33  provide services of additional programs to the individual; 
  5.34     (6) to administer federal funds or programs; 
  5.35     (7) between personnel of the welfare system working in the 
  5.36  same program; 
  6.1      (8) the amounts of cash public assistance and relief paid 
  6.2   to welfare recipients in this state, including their names, 
  6.3   social security numbers, income, addresses, and other data as 
  6.4   required, upon request by the department of revenue to 
  6.5   administer the property tax refund law, supplemental housing 
  6.6   allowance, early refund of refundable tax credits, and the 
  6.7   income tax.  "Refundable tax credits" means the dependent care 
  6.8   credit under section 290.067, the Minnesota working family 
  6.9   credit under section 290.0671, the property tax refund under 
  6.10  section 290A.04, and, if the required federal waiver or waivers 
  6.11  are granted, the federal earned income tax credit under section 
  6.12  32 of the Internal Revenue Code; 
  6.13     (9) to the Minnesota department of economic security for 
  6.14  the purpose of monitoring the eligibility of the data subject 
  6.15  for reemployment insurance, for any employment or training 
  6.16  program administered, supervised, or certified by that agency, 
  6.17  or for the purpose of administering any rehabilitation program, 
  6.18  whether alone or in conjunction with the welfare system, and to 
  6.19  verify receipt of energy assistance for the telephone assistance 
  6.20  plan; 
  6.21     (10) to appropriate parties in connection with an emergency 
  6.22  if knowledge of the information is necessary to protect the 
  6.23  health or safety of the individual or other individuals or 
  6.24  persons; 
  6.25     (11) data maintained by residential programs as defined in 
  6.26  section 245A.02 may be disclosed to the protection and advocacy 
  6.27  system established in this state pursuant to Part C of Public 
  6.28  Law Number 98-527 to protect the legal and human rights of 
  6.29  persons with mental retardation or other related conditions who 
  6.30  live in residential facilities for these persons if the 
  6.31  protection and advocacy system receives a complaint by or on 
  6.32  behalf of that person and the person does not have a legal 
  6.33  guardian or the state or a designee of the state is the legal 
  6.34  guardian of the person; 
  6.35     (12) to the county medical examiner or the county coroner 
  6.36  for identifying or locating relatives or friends of a deceased 
  7.1   person; 
  7.2      (13) data on a child support obligor who makes payments to 
  7.3   the public agency may be disclosed to the higher education 
  7.4   services office to the extent necessary to determine eligibility 
  7.5   under section 136A.121, subdivision 2, clause (5); 
  7.6      (14) participant social security numbers and names 
  7.7   collected by the telephone assistance program may be disclosed 
  7.8   to the department of revenue to conduct an electronic data match 
  7.9   with the property tax refund database to determine eligibility 
  7.10  under section 237.70, subdivision 4a; 
  7.11     (15) the current address of a recipient of aid to families 
  7.12  with dependent children may be disclosed to law enforcement 
  7.13  officers who provide the name and social security number of the 
  7.14  recipient and satisfactorily demonstrate notify the agency that: 
  7.15     (i) the recipient is: 
  7.16     (A) is a fugitive felon, including the grounds for this 
  7.17  determination; fleeing to avoid prosecution, or custody or 
  7.18  confinement after conviction, for a crime or attempt to commit a 
  7.19  crime that is a felony under the laws of the jurisdiction from 
  7.20  which the individual is fleeing; or 
  7.21     (B) is violating a condition of probation or parole imposed 
  7.22  under state or federal law; 
  7.23     (ii) the location or apprehension of the felon is within 
  7.24  the law enforcement officer's official duties; and 
  7.25     (iii)  the request is made in writing and in the proper 
  7.26  exercise of those duties; 
  7.27     (16) the current address of a recipient of general 
  7.28  assistance, work readiness, or general assistance medical care 
  7.29  may be disclosed to probation officers and corrections agents 
  7.30  who are supervising the recipient, and to law enforcement 
  7.31  officers who are investigating the recipient in connection with 
  7.32  a felony level offense; 
  7.33     (17) information obtained from food stamp applicant or 
  7.34  recipient households may be disclosed to local, state, or 
  7.35  federal law enforcement officials, upon their written request, 
  7.36  for the purpose of investigating an alleged violation of the 
  8.1   food stamp act, in accordance with Code of Federal Regulations, 
  8.2   title 7, section 272.1(c); 
  8.3      (18) the address, social security number, and, if 
  8.4   available, photograph of any member of a household receiving 
  8.5   food stamps shall be made available, on request, to a local, 
  8.6   state, or federal law enforcement officer if the officer 
  8.7   furnishes the agency with the name of the member and notifies 
  8.8   the agency that:  
  8.9      (i) the member: 
  8.10     (A) is fleeing to avoid prosecution, or custody or 
  8.11  confinement after conviction, for a crime or attempt to commit a 
  8.12  crime that is a felony in the jurisdiction the member is 
  8.13  fleeing; 
  8.14     (B) is violating a condition of probation or parole imposed 
  8.15  under state or federal law; or 
  8.16     (C) has information that is necessary for the officer to 
  8.17  conduct an official duty related to conduct described in subitem 
  8.18  (A) or (B); 
  8.19     (ii) locating or apprehending the member is within the 
  8.20  officer's official duties; and 
  8.21     (iii) the request is made in writing and in the proper 
  8.22  exercise of the officer's official duty; 
  8.23     (19) data on a child support obligor who is in arrears may 
  8.24  be disclosed for purposes of publishing the data pursuant to 
  8.25  section 518.575; 
  8.26     (19) (20) data on child support payments made by a child 
  8.27  support obligor may be disclosed to the obligee; 
  8.28     (20) (21) data in the work reporting system may be 
  8.29  disclosed under section 256.998, subdivision 7; 
  8.30     (21) (22) to the department of children, families, and 
  8.31  learning for the purpose of matching department of children, 
  8.32  families, and learning student data with public assistance data 
  8.33  to determine students eligible for free and reduced price meals, 
  8.34  meal supplements, and free milk pursuant to United States Code, 
  8.35  title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to 
  8.36  produce accurate numbers of students receiving aid to families 
  9.1   with dependent children as required by section 124.175; and to 
  9.2   allocate federal and state funds that are distributed based on 
  9.3   income of the student's family; or 
  9.4      (22) (23) the current address and telephone number of 
  9.5   program recipients and emergency contacts may be released to the 
  9.6   commissioner of health or a local board of health as defined in 
  9.7   section 145A.02, subdivision 2, when the commissioner or local 
  9.8   board of health has reason to believe that a program recipient 
  9.9   is a disease case, carrier, suspect case, or at risk of illness, 
  9.10  and the data are necessary to locate the person. 
  9.11     (b) Information on persons who have been treated for drug 
  9.12  or alcohol abuse may only be disclosed in accordance with the 
  9.13  requirements of Code of Federal Regulations, title 42, sections 
  9.14  2.1 to 2.67. 
  9.15     (c) Data provided to law enforcement agencies under 
  9.16  paragraph (a), clause (15), (16), or (17), or (18), or paragraph 
  9.17  (b), are investigative data and are confidential or protected 
  9.18  nonpublic while the investigation is active.  The data are 
  9.19  private after the investigation becomes inactive under section 
  9.20  13.82, subdivision 5, paragraph (a) or (b). 
  9.21     (d) Mental health data shall be treated as provided in 
  9.22  subdivisions 7, 8, and 9, but is not subject to the access 
  9.23  provisions of subdivision 10, paragraph (b). 
  9.24     Sec. 6.  Minnesota Statutes 1996, section 13.54, is amended 
  9.25  by adding a subdivision to read: 
  9.26     Subd. 6.  [LAW ENFORCEMENT ACCESS TO CERTAIN DATA.] A 
  9.27  public housing agency that enters a contract for assistance 
  9.28  under United States Code, title 42, sections 1437 to 1440, shall 
  9.29  furnish a local, state, or federal law enforcement officer, upon 
  9.30  the officer's request, with the current address, social security 
  9.31  number, and photograph, if available, of a recipient of 
  9.32  assistance under United States Code, title 42, sections 1437 to 
  9.33  1440, if the officer: 
  9.34     (1) provides the name of the recipient to the housing 
  9.35  agency; and 
  9.36     (2) notifies the agency that: 
 10.1      (i) the recipient: 
 10.2      (A) is fleeing to avoid prosecution, or custody or 
 10.3   confinement after conviction, under the laws of the jurisdiction 
 10.4   from which the individual is fleeing, for a crime which is a 
 10.5   felony under the laws of that jurisdiction; 
 10.6      (B) is violating a condition of probation or parole imposed 
 10.7   under state or federal law; or 
 10.8      (C) has information necessary for the officer to conduct 
 10.9   the officer's official duties; 
 10.10     (ii) the location or apprehension of the individual is 
 10.11  within the officer's official duties; and 
 10.12     (iii) the request is made in writing and in the proper 
 10.13  exercise of the officer's official duties. 
 10.14     Sec. 7.  [13.541] [EMERGENCY SERVICES FOR HOMELESS PERSONS; 
 10.15  PRIVATE DATA.] 
 10.16     (a) "Grant recipient" includes a local government unit or 
 10.17  nonprofit organization that receives grants from a state agency 
 10.18  to provide emergency services for homeless persons. 
 10.19     (b) Data on individuals maintained by a grant recipient 
 10.20  from which the identity of any individual receiving emergency 
 10.21  services may be determined are private data on individuals and 
 10.22  the grant recipient shall maintain the data in accordance with 
 10.23  this chapter. 
 10.24     Sec. 8.  Minnesota Statutes 1996, section 13.99, is amended 
 10.25  by adding a subdivision to read: 
 10.26     Subd. 6e.  [AGRICULTURAL COMMODITIES PROMOTION 
 10.27  COUNCIL.] Financial information on producers of agricultural 
 10.28  commodities that is provided to the agricultural commodities 
 10.29  promotion council is governed by section 17.62. 
 10.30     Sec. 9.  Minnesota Statutes 1996, section 13.99, is amended 
 10.31  by adding a subdivision to read: 
 10.32     Subd. 13a.  [LICENSED CURRENCY EXCHANGES.] Financial 
 10.33  information in annual reports submitted to the commissioner of 
 10.34  commerce by currency exchanges is classified in section 53A.081, 
 10.35  subdivision 4. 
 10.36     Sec. 10.  Minnesota Statutes 1996, section 13.99, is 
 11.1   amended by adding a subdivision to read: 
 11.2      Subd. 14b.  [MATERIAL TRANSACTION REPORTS.] Reports 
 11.3   required to be filed by insurers regarding certain material 
 11.4   transactions are classified under section 60A.135, subdivision 4.
 11.5      Sec. 11.  Minnesota Statutes 1996, section 13.99, is 
 11.6   amended by adding a subdivision to read: 
 11.7      Subd. 14c.  [RISK-BASED CAPITAL DATA.] Risk-based capital 
 11.8   reports and related reports, data, and orders maintained by the 
 11.9   commissioner of commerce are classified under section 60A.67. 
 11.10     Sec. 12.  Minnesota Statutes 1996, section 13.99, is 
 11.11  amended by adding a subdivision to read: 
 11.12     Subd. 15a.  [VIATICAL SETTLEMENTS DATA.] Viatical 
 11.13  settlements data provided to the commissioner of commerce are 
 11.14  classified under section 60A.968, subdivision 2. 
 11.15     Sec. 13.  Minnesota Statutes 1996, section 13.99, is 
 11.16  amended by adding a subdivision to read: 
 11.17     Subd. 19k.  [PREFERRED PROVIDER AGREEMENTS.] The terms and 
 11.18  conditions of certain preferred provider agreements are 
 11.19  classified in section 62E.13, subdivision 11. 
 11.20     Sec. 14.  Minnesota Statutes 1996, section 13.99, is 
 11.21  amended by adding a subdivision to read: 
 11.22     Subd. 19l.  [MINNESOTA RISK ADJUSTMENT ASSOCIATION.] Data 
 11.23  privacy issues concerning the Minnesota risk adjustment 
 11.24  association are governed by section 62Q.03, subdivision 9. 
 11.25     Sec. 15.  Minnesota Statutes 1996, section 13.99, 
 11.26  subdivision 53b, is amended to read: 
 11.27     Subd. 53b.  [VETERINARY RECORDS.] Veterinary records on 
 11.28  clients when a veterinarian is under investigation are 
 11.29  classified under section 156.082.  Records on the veterinarian 
 11.30  are classified under section 156.125. 
 11.31     Sec. 16.  Minnesota Statutes 1996, section 13.99, is 
 11.32  amended by adding a subdivision to read: 
 11.33     Subd. 59b.  [IDENTITY OF EMPLOYEES MAKING COMPLAINTS.] The 
 11.34  disclosure of the identity of employees making certain 
 11.35  complaints is governed by section 181.932, subdivision 2. 
 11.36     Sec. 17.  Minnesota Statutes 1996, section 13.99, is 
 12.1   amended by adding a subdivision to read: 
 12.2      Subd. 63a.  [REGISTERED VOTER LISTS.] Access to registered 
 12.3   voter lists is governed by section 201.091. 
 12.4      Sec. 18.  Minnesota Statutes 1996, section 13.99, is 
 12.5   amended by adding a subdivision to read: 
 12.6      Subd. 95a.  [MEDICAL EXAMINER INVESTIGATIONS.] Certain data 
 12.7   on deceased persons collected or created by the Hennepin county 
 12.8   medical examiner are classified under section 383B.225. 
 12.9      Sec. 19.  Minnesota Statutes 1996, section 53A.081, is 
 12.10  amended by adding a subdivision to read: 
 12.11     Subd. 4.  [CLASSIFICATION OF DATA.] Financial information 
 12.12  on individuals and businesses that is submitted to the 
 12.13  commissioner in the annual report under subdivision 1 are 
 12.14  private data on individuals or nonpublic data. 
 12.15     Sec. 20.  Minnesota Statutes 1996, section 123.70, 
 12.16  subdivision 5, is amended to read: 
 12.17     Subd. 5.  If a person transfers from one elementary or 
 12.18  secondary school to another, the person shall be allowed school 
 12.19  board of a public school district or the administrator of a 
 12.20  nonpublic school may allow the person up to a maximum of 30 days 
 12.21  to submit one or more of the statements as specified in 
 12.22  subdivision 1 or 3, during which time the person may enroll in 
 12.23  and attend the school.  If a person enrolls in a child care 
 12.24  facility in which at least 75 percent of children in the 
 12.25  facility participate on a one-time only or occasional basis to a 
 12.26  maximum of 45 hours per child, per month, or is placed in a 
 12.27  facility by a crisis nursery, the person shall be exempt from 
 12.28  all requirements of this section for up to five consecutive 
 12.29  days, starting from the first day of attendance. 
 12.30     Sec. 21.  Minnesota Statutes 1996, section 123.70, 
 12.31  subdivision 7, is amended to read: 
 12.32     Subd. 7.  Each school or child care facility shall maintain 
 12.33  on file immunization records for all persons in attendance that 
 12.34  contain the information required by subdivisions 1, 2, and 3.  
 12.35  The school shall maintain the records for at least five years 
 12.36  after the person attains the age of majority.  The department of 
 13.1   health and the board of health, as defined in section 145A.02, 
 13.2   subdivision 2, in whose jurisdiction the school or child care 
 13.3   facility is located, shall have access to the files maintained 
 13.4   pursuant to this subdivision.  When a person transfers to 
 13.5   another elementary or secondary school or child care facility, 
 13.6   the administrator or other person having general control and 
 13.7   supervision of the school or child care facility shall assist 
 13.8   the person's parent or guardian in the transfer of the 
 13.9   immunization file to the person's new school or child care 
 13.10  facility within 30 days of the transfer.  Upon the request of a 
 13.11  public or private post-secondary educational institution, as 
 13.12  defined in section 135A.14, the administrator or other person 
 13.13  having general control or supervision of a school shall assist 
 13.14  in the transfer of a student's immunization file to the 
 13.15  post-secondary institution. 
 13.16     Sec. 22.  Minnesota Statutes 1996, section 123.70, 
 13.17  subdivision 10, is amended to read: 
 13.18     Subd. 10.  A statement required to be submitted under 
 13.19  subdivisions 1, 2, and 4 to document evidence of immunization 
 13.20  shall include month, day, and year for immunizations 
 13.21  administered after January 1, 1990.  
 13.22     (a) For persons enrolled in grades 7 and 12 during the 
 13.23  1996-1997 school term, the statement must indicate that the 
 13.24  person has received a dose of tetanus and diphtheria toxoid no 
 13.25  earlier than 11 years of age. 
 13.26     (b) Except as specified in paragraph (e), for persons 
 13.27  enrolled in grades 7, 8, and 12 during the 1997-1998 school 
 13.28  term, the statement must indicate that the person has received a 
 13.29  dose of tetanus and diphtheria toxoid no earlier than 11 years 
 13.30  of age.  
 13.31     (c) Except as specified in paragraph (e), for persons 
 13.32  enrolled in grades 7, 8, 9, and through 12 during the 1998-1999 
 13.33  school term and for each year thereafter, the statement must 
 13.34  indicate that the person has received a dose of tetanus and 
 13.35  diphtheria toxoid no earlier than 11 years of age.  
 13.36     (d) for persons enrolled in grades 7, 8, 9, 10, and 12 
 14.1   during the 1999-2000 school term, the statement must indicate 
 14.2   that the person has received a dose of tetanus and diphtheria 
 14.3   toxoid no earlier than 11 years of age.  
 14.4      (e) for persons enrolled in grades 7 through 12 during the 
 14.5   2000-2001 school term and for each year thereafter, the 
 14.6   statement must indicate that the person has received a dose of 
 14.7   tetanus and diphtheria toxoid no earlier than 11 years of age. 
 14.8      (f) (d) For persons enrolled in grades 7 through 12 during 
 14.9   the 1996-1997 school year and for each year thereafter, the 
 14.10  statement must indicate that the person has received at least 
 14.11  two doses of vaccine against measles, mumps, and rubella, given 
 14.12  alone or separately and given not less than one month apart. 
 14.13     (e) A person who has received at least three doses of 
 14.14  tetanus and diphtheria toxoids, with the most recent dose given 
 14.15  after age six and before age 11, is not required to have 
 14.16  additional immunization against diphtheria and tetanus until ten 
 14.17  years have elapsed from the person's most recent dose of tetanus 
 14.18  and diphtheria toxoid. 
 14.19     Sec. 23.  Minnesota Statutes 1996, section 144.29, is 
 14.20  amended to read: 
 14.21     144.29 [HEALTH RECORDS; CHILDREN OF SCHOOL AGE.] 
 14.22     It shall be the duty of every school nurse, school 
 14.23  physician, school attendance officer, superintendent of schools, 
 14.24  principal, teacher, and of the persons charged with the duty of 
 14.25  compiling and keeping the school census records, to cause a 
 14.26  permanent public health record to be kept for each child of 
 14.27  school age.  Such record shall be kept in such form that it may 
 14.28  be transferred with the child to any school which the child 
 14.29  shall attend within the state and transferred to the 
 14.30  commissioner when the child ceases to attend school.  It shall 
 14.31  contain a record of such health matters as shall be prescribed 
 14.32  by the commissioner, and of all mental and physical defects and 
 14.33  handicaps which might permanently cripple or handicap the 
 14.34  child student health data as defined in section 13.32, 
 14.35  subdivision 2, paragraph (a), and shall be classified as private 
 14.36  data as defined in section 13.32, subdivision 3.  Nothing in 
 15.1   sections 144.29 to 144.32 shall be construed to require any 
 15.2   child whose parent or guardian objects in writing thereto to 
 15.3   undergo a physical or medical examination or treatment.  A copy 
 15.4   shall be forwarded to the proper department of any state to 
 15.5   which the child shall remove.  Each district shall assign a 
 15.6   teacher, school nurse, or other professional person to review, 
 15.7   at the beginning of each school year, the health record of all 
 15.8   pupils under the assignee's direction.  Growth, results of 
 15.9   vision and hearing screening, and findings obtained from health 
 15.10  assessments must be entered periodically on the pupil's health 
 15.11  record. 
 15.12     Sec. 24.  Minnesota Statutes 1996, section 144.335, 
 15.13  subdivision 3a, is amended to read: 
 15.14     Subd. 3a.  [PATIENT CONSENT TO RELEASE OF RECORDS; 
 15.15  LIABILITY.] (a) A provider, or a person who receives health 
 15.16  records from a provider, may not release a patient's health 
 15.17  records to a person without a signed and dated consent from the 
 15.18  patient or the patient's legally authorized representative 
 15.19  authorizing the release, unless the release is specifically 
 15.20  authorized by law.  Except as provided in paragraph (c) or (d), 
 15.21  a consent is valid for one year or for a lesser period specified 
 15.22  in the consent or for a different period provided by law.  
 15.23     (b) This subdivision does not prohibit the release of 
 15.24  health records: 
 15.25     (1) for a medical emergency when the provider is unable to 
 15.26  obtain the patient's consent due to the patient's condition or 
 15.27  the nature of the medical emergency; or 
 15.28     (2) to other providers within related health care entities 
 15.29  when necessary for the current treatment of the patient. 
 15.30     (c) Notwithstanding paragraph (a), if a patient explicitly 
 15.31  gives informed consent to the release of health records for the 
 15.32  purposes and pursuant to the restrictions in clauses (1) and 
 15.33  (2), the consent does not expire after one year for: 
 15.34     (1) the release of health records to a provider who is 
 15.35  being advised or consulted with in connection with the current 
 15.36  treatment of the patient; 
 16.1      (2) the release of health records to an accident and health 
 16.2   insurer, health service plan corporation, health maintenance 
 16.3   organization, or third-party administrator for purposes of 
 16.4   payment of claims, fraud investigation, or quality of care 
 16.5   review and studies, provided that: 
 16.6      (i) the use or release of the records complies with 
 16.7   sections 72A.49 to 72A.505; 
 16.8      (ii) further use or release of the records in individually 
 16.9   identifiable form to a person other than the patient without the 
 16.10  patient's consent is prohibited; and 
 16.11     (iii) the recipient establishes adequate safeguards to 
 16.12  protect the records from unauthorized disclosure, including a 
 16.13  procedure for removal or destruction of information that 
 16.14  identifies the patient. 
 16.15     (d) Notwithstanding paragraph (a), health records may be 
 16.16  released to a an external researcher solely for purposes of 
 16.17  medical or scientific research only as follows: 
 16.18     (1) health records generated before January 1, 1997, may be 
 16.19  released if the patient has not objected or does not elect to 
 16.20  object after that date; 
 16.21     (2) for health records generated on or after January 1, 
 16.22  1997, the provider must: 
 16.23     (i) disclose in writing to patients currently being treated 
 16.24  by the provider that health records, regardless of when 
 16.25  generated, may be released and that the patient may object, in 
 16.26  which case the records will not be released; and 
 16.27     (ii) use reasonable efforts to obtain the patient's written 
 16.28  general authorization that describes the release of records in 
 16.29  item (i), which does not expire but may be revoked or limited in 
 16.30  writing at any time by the patient or the patient's authorized 
 16.31  representative; and 
 16.32     (3) authorization may be established if an authorization is 
 16.33  mailed at least two times to the patient's last known address 
 16.34  with a postage prepaid return envelope and a conspicuous notice 
 16.35  that the patient's medical records may be released if the 
 16.36  patient does not object, and at least 60 days have expired since 
 17.1   the second notice was sent; and the provider must advise the 
 17.2   patient of the rights specified in clause (4); and 
 17.3      (4) the provider must, at the request of the patient, 
 17.4   provide information on how the patient may contact an external 
 17.5   researcher to whom the health record was released and the date 
 17.6   it was released.  
 17.7      In making a release for research purposes the provider 
 17.8   shall make a reasonable effort to determine that: 
 17.9      (i) the use or disclosure does not violate any limitations 
 17.10  under which the record was collected; 
 17.11     (ii) the use or disclosure in individually identifiable 
 17.12  form is necessary to accomplish the research or statistical 
 17.13  purpose for which the use or disclosure is to be made; 
 17.14     (iii) the recipient has established and maintains adequate 
 17.15  safeguards to protect the records from unauthorized disclosure, 
 17.16  including a procedure for removal or destruction of information 
 17.17  that identifies the patient; and 
 17.18     (iv) further use or release of the records in individually 
 17.19  identifiable form to a person other than the patient without the 
 17.20  patient's consent is prohibited.  
 17.21     (e) A person who negligently or intentionally releases a 
 17.22  health record in violation of this subdivision, or who forges a 
 17.23  signature on a consent form, or who obtains under false 
 17.24  pretenses the consent form or health records of another person, 
 17.25  or who, without the person's consent, alters a consent form, is 
 17.26  liable to the patient for compensatory damages caused by an 
 17.27  unauthorized release, plus costs and reasonable attorney's fees. 
 17.28     (f) Upon the written request of a spouse, parent, child, or 
 17.29  sibling of a patient being evaluated for or diagnosed with 
 17.30  mental illness, a provider shall inquire of a patient whether 
 17.31  the patient wishes to authorize a specific individual to receive 
 17.32  information regarding the patient's current and proposed course 
 17.33  of treatment.  If the patient so authorizes, the provider shall 
 17.34  communicate to the designated individual the patient's current 
 17.35  and proposed course of treatment.  Paragraph (a) applies to 
 17.36  consents given under this paragraph. 
 18.1      (g) In cases where a provider releases health records 
 18.2   without patient consent as authorized by law, the release must 
 18.3   be documented in the patient's health record. 
 18.4      Sec. 25.  Minnesota Statutes 1996, section 214.10, 
 18.5   subdivision 1, is amended to read: 
 18.6      Subdivision 1.  [RECEIPT OF COMPLAINT; NOTICE.] The 
 18.7   executive director or executive secretary of a board, a board 
 18.8   member or any other person who performs services for the board 
 18.9   who receives a complaint or other communication, whether oral or 
 18.10  written, which complaint or communication alleges or implies a 
 18.11  violation of a statute or rule which the board is empowered to 
 18.12  enforce, shall promptly forward the substance of the 
 18.13  communication on a form prepared by the attorney general to the 
 18.14  designee of the attorney general responsible for providing legal 
 18.15  services to the board.  Before proceeding further with the 
 18.16  communication, the designee of the attorney general may require 
 18.17  the complaining party to state the complaint in writing on a 
 18.18  form prepared by the attorney general.  Complaints which relate 
 18.19  to matters within the jurisdiction of another governmental 
 18.20  agency shall be forwarded to that agency by the executive 
 18.21  director or executive secretary.  An officer of that agency 
 18.22  shall advise the executive director or executive secretary of 
 18.23  the disposition of that complaint.  A complaint received by 
 18.24  another agency which relates to a statute or rule which a 
 18.25  licensing board is empowered to enforce shall be forwarded to 
 18.26  the executive director or executive secretary of the board to be 
 18.27  processed in accordance with this section.  No complaint 
 18.28  alleging a matter within the jurisdiction of the board shall be 
 18.29  dismissed by a board unless at least two board members have 
 18.30  reviewed the matter.  If a board makes a determination to 
 18.31  investigate a complaint, it shall notify a licensee who is the 
 18.32  subject of an investigation that an investigation has been 
 18.33  initiated at a time when such notice will not compromise the 
 18.34  investigation.  
 18.35     Sec. 26.  Minnesota Statutes 1996, section 260.161, is 
 18.36  amended by adding a subdivision to read: 
 19.1      Subd. 3b.  [COUNTY ATTORNEY REFERRAL OF CHILD IN NEED OF 
 19.2   PROTECTION OR SERVICES.] In a county in which the county 
 19.3   attorney refers children who are in need of protection or 
 19.4   services to community programs, the county attorney may provide 
 19.5   a community program with data on a child who is a participant or 
 19.6   being considered for participation in the program. 
 19.7      Sec. 27.  [TAXPAYER'S PERSONAL INFORMATION; DISCLOSURE.] 
 19.8      (a) An owner of property in Washington or Ramsey county 
 19.9   that is subject to property taxation must be informed in a clear 
 19.10  and conspicuous manner in writing on a form sent to property 
 19.11  taxpayers that the property owner's name, address, and other 
 19.12  information may be used, rented, or sold for business purposes, 
 19.13  including surveys, marketing, and solicitation. 
 19.14     (b) If the property owner so requests on the form provided, 
 19.15  then any such list generated by the county and sold for business 
 19.16  purposes must exclude the owner's name and address if the 
 19.17  business purpose is conducting surveys, marketing, or 
 19.18  solicitation. 
 19.19     (c) This section expires August 1, 1999. 
 19.20     Sec. 28.  [LOCAL APPROVAL REQUIRED.] 
 19.21     Section 27 is effective in Washington or Ramsey county the 
 19.22  day after the chief clerical officer of the affected county 
 19.23  complies with Minnesota Statutes, section 645.021, subdivision 3.
 19.24     Sec. 29.  Minnesota Statutes 1996, section 270.66, 
 19.25  subdivision 3, is amended to read: 
 19.26     Subd. 3.  [AGENCIES SHALL MAINTAIN RECORDS.] 
 19.27  Notwithstanding any provision to the contrary, every person, 
 19.28  organization, or corporation doing business (hereafter called 
 19.29  vendor) with the state of Minnesota or any of its departments, 
 19.30  agencies, or educational institutions including the University 
 19.31  of Minnesota (all hereafter called agency) shall provide that 
 19.32  agency with either their social security number, federal 
 19.33  taxpayer identification number, or Minnesota tax identification 
 19.34  number.  The commissioner may verify to the agency the 
 19.35  identifying information provided by a vendor.  The agency shall 
 19.36  maintain records of this information, and shall make these 
 20.1   records available, on request, to the commissioner for the sole 
 20.2   purpose of identifying people who have not filed state tax 
 20.3   returns or who have not paid uncontested state tax liabilities 
 20.4   (hereafter called delinquent taxpayer).  When an agency is 
 20.5   notified by the commissioner that a vendor is a delinquent 
 20.6   taxpayer, payments shall not be made by the agency to the vendor 
 20.7   until the commissioner notifies the agency that the vendor no 
 20.8   longer is a delinquent taxpayer.  Furthermore, if the vendor has 
 20.9   an uncontested delinquent tax liability, the setoff provided in 
 20.10  subdivision 1 may be implemented.  The commissioner shall 
 20.11  determine that a vendor no longer is a delinquent taxpayer when 
 20.12  the vendor has filed all delinquent state tax returns, paid all 
 20.13  uncontested state tax liabilities or entered into an agreement 
 20.14  with the commissioner which provides for the payment of these 
 20.15  liabilities.  
 20.16     Sec. 30.  Minnesota Statutes 1996, section 270B.01, 
 20.17  subdivision 8, as amended by Laws 1997, chapter 231, article 13, 
 20.18  section 1, is amended to read: 
 20.19     Subd. 8.  [MINNESOTA TAX LAWS.] For purposes of this 
 20.20  chapter only, "Minnesota tax laws" means the taxes, refunds, and 
 20.21  fees administered by or paid to the commissioner under 
 20.22  chapters 115B (except taxes imposed under sections 115B.21 to 
 20.23  115B.24), 289A (except taxes imposed under sections 298.01, 
 20.24  298.015, and 298.24), 290, 290A, 291, 297A, and 297F and 
 20.25  sections 295.50 to 295.59, or any similar Indian tribal tax 
 20.26  administered by the commissioner pursuant to any tax agreement 
 20.27  between the state and the Indian tribal government, and includes 
 20.28  any laws for the assessment, collection, and enforcement of 
 20.29  those taxes, refunds, and fees. 
 20.30     Sec. 31.  Minnesota Statutes 1996, section 270B.03, 
 20.31  subdivision 1, is amended to read: 
 20.32     Subdivision 1.  [WHO MAY INSPECT.] Returns and return 
 20.33  information must, on written request, be made open to inspection 
 20.34  by or disclosure to the data subject.  For purposes of this 
 20.35  chapter, the following are the data subject: 
 20.36     (1) in the case of an individual return, that individual; 
 21.1      (2) in the case of an income tax return filed jointly, 
 21.2   either of the individuals with respect to whom the return is 
 21.3   filed; 
 21.4      (3) in the case of a partnership return, any person who was 
 21.5   a member of the partnership during any part of the period 
 21.6   covered by the return; 
 21.7      (4) in the case of the return of a corporation or its 
 21.8   subsidiary: 
 21.9      (i) any person designated by resolution of the board of 
 21.10  directors or other similar governing body; 
 21.11     (ii) any officer or employee of the corporation upon 
 21.12  written request signed by any officer and attested to by the 
 21.13  secretary or another officer; 
 21.14     (iii) any bona fide shareholder of record owning one 
 21.15  percent or more of the outstanding stock of the corporation; 
 21.16     (iv) if the corporation is a corporation that has made an 
 21.17  election under section 1362 of the Internal Revenue Code of 
 21.18  1986, as amended through December 31, 1988, any person who was a 
 21.19  shareholder during any part of the period covered by the return 
 21.20  during which an election was in effect; or 
 21.21     (v) if the corporation has been dissolved, any person 
 21.22  authorized by state law to act for the corporation or any person 
 21.23  who would have been authorized if the corporation had not been 
 21.24  dissolved; 
 21.25     (5) in the case of an estate return: 
 21.26     (i) the personal representative or trustee of the estate; 
 21.27  and 
 21.28     (ii) any heir at law, next of kin, or beneficiary of the 
 21.29  estate, but only if the commissioner finds that the heir at law, 
 21.30  next of kin, or beneficiary has a material interest that will be 
 21.31  affected by information contained in the return as shown on the 
 21.32  federal estate tax return; 
 21.33     (6) in the case of a trust return: 
 21.34     (i) the trustee or trustees, jointly or separately; and 
 21.35     (ii) any beneficiary of the trust, but only if the 
 21.36  commissioner finds that the beneficiary has a material interest 
 22.1   that will be affected by information contained in the return as 
 22.2   shown in the trust instrument; 
 22.3      (7) if liability has been assessed to a transferee under 
 22.4   section 289A.31, subdivision 3, the transferee is the data 
 22.5   subject with regard to the returns and return information 
 22.6   relating to the assessed liability; 
 22.7      (8) in the case of an Indian tribal government or an Indian 
 22.8   tribal government-owned entity, 
 22.9      (i) the chair of the tribal government, or 
 22.10     (ii) any person authorized by the tribal government; and 
 22.11     (9) in the case of a successor as defined in section 
 22.12  270.102, subdivision 1, paragraph (b), the successor is the data 
 22.13  subject and information may be disclosed as provided by section 
 22.14  270.102, subdivision 4.  
 22.15     Sec. 32.  Minnesota Statutes 1996, section 270B.03, 
 22.16  subdivision 3, is amended to read: 
 22.17     Subd. 3.  [DECEASED INDIVIDUALS.] Notwithstanding section 
 22.18  13.10, a return filed by or on behalf of a decedent is open to 
 22.19  inspection by or disclosure to: 
 22.20     (1) the personal representative of the decedent's estate or 
 22.21  trustee appointed under section 573.02, subdivision 3, or a 
 22.22  similar law of another state; and 
 22.23     (2) any heir at law, next of kin, or beneficiary under the 
 22.24  will of the decedent, or a donee of property, but only if the 
 22.25  commissioner finds that the heir at law, next of kin, 
 22.26  beneficiary, or donee has a material interest that will be 
 22.27  affected by information contained in the return a claimant under 
 22.28  section 290A.18, subdivision 1.  
 22.29     Sec. 33.  Minnesota Statutes 1996, section 270B.03, 
 22.30  subdivision 4, is amended to read: 
 22.31     Subd. 4.  [TITLE 11 OF THE UNITED STATES CODE AND 
 22.32  RECEIVERSHIP PROCEEDINGS.] (a) If the commissioner finds that 
 22.33  the trustee or receiver, in that person's fiduciary capacity, 
 22.34  has a material interest that will be affected by information 
 22.35  contained in the return, A return is open to inspection by or 
 22.36  disclosure to the trustee or receiver if: 
 23.1      (1) there is a trustee in a title 11 (United States 
 23.2   Bankruptcy Code) case in which the debtor is the person with 
 23.3   respect to whom the return is filed; or 
 23.4      (2) substantially all of the property of the person with 
 23.5   respect to whom the return is filed is in the hands of a 
 23.6   receiver. 
 23.7      (b) In an involuntary bankruptcy case of an individual, no 
 23.8   disclosure may be made under paragraph (a) until the order for 
 23.9   relief has been entered by the court having jurisdiction of the 
 23.10  case, unless the court finds that disclosure is appropriate for 
 23.11  purposes of determining whether an order for relief should be 
 23.12  entered. 
 23.13     Sec. 34.  Minnesota Statutes 1996, section 270B.08, 
 23.14  subdivision 1, is amended to read: 
 23.15     Subdivision 1.  [PERMIT INFORMATION.] The commissioner may 
 23.16  disclose to any person making an inquiry regarding the issuance 
 23.17  of a sales tax permit to a specific retailer whether a permit 
 23.18  has been issued to the retailer, the name and address of the 
 23.19  permit holder, the business name and location, the sales and use 
 23.20  tax account number, and the date of issuance of the permit, and 
 23.21  whether the permit has been canceled under section 297A.065. 
 23.22     Sec. 35.  [270B.081] [SALES TAX EXEMPTION CERTIFICATES.] 
 23.23     The commissioner may disclose to any person making inquiry 
 23.24  regarding the issuance of direct pay permits or certificates of 
 23.25  exemption issued by the commissioner to a taxpayer whether the 
 23.26  permit or certificate has been issued to the taxpayer, the 
 23.27  business name and location, the permit or certificate number, 
 23.28  the date of issuance of the permit or certificate, and whether 
 23.29  the certificate is currently valid. 
 23.30     Sec. 36.  Minnesota Statutes 1996, section 270B.085, 
 23.31  subdivision 1, is amended to read: 
 23.32     Subdivision 1.  [SEIZURE INFORMATION.] Following the 
 23.33  execution of a writ of entry under section 16D.08, subdivision 
 23.34  2, or 270.70, the commissioner may disclose information 
 23.35  identifying the individual or business subject to the writ, the 
 23.36  basis for the writ, and the results of the execution, including 
 24.1   lists of property seized. 
 24.2      Sec. 37.  Minnesota Statutes 1996, section 270B.09, is 
 24.3   amended to read: 
 24.4      270B.09 [CONTRACTS WITH THE STATE OR POLITICAL SUBDIVISION; 
 24.5   SETOFF.] 
 24.6      The commissioner may disclose to the department of finance 
 24.7   or any state agency or political or governmental subdivision of 
 24.8   the state making payment to a vendor as described in section 
 24.9   270.66 or a contractor or subcontractor as described in section 
 24.10  290.97 whether the vendor, contractor, or subcontractor has an 
 24.11  uncontested delinquent tax liability owed to the commissioner 
 24.12  and the amount of any liability.  The commissioner may also 
 24.13  disclose taxpayer identity information to the department of 
 24.14  finance, to the department of human services, to an agency 
 24.15  requesting verification under section 270.66, subdivision 3, and 
 24.16  to the University of Minnesota, solely for vendor setoff 
 24.17  purposes. 
 24.18     Sec. 38.  Minnesota Statutes 1996, section 270B.12, 
 24.19  subdivision 7, is amended to read: 
 24.20     Subd. 7.  [LOTTERY DIVISION.] (a) The commissioner of 
 24.21  revenue may disclose to the lottery the amount of delinquent 
 24.22  state taxes, or debt as defined in section 270A.03, subdivision 
 24.23  5, of a winner of a lottery prize of $1,000 $600 or more, to the 
 24.24  extent necessary to administer section 349A.08, subdivision 8. 
 24.25     (b) The commissioner of revenue may disclose to the lottery 
 24.26  division that a retailer owes $500 or more in delinquent taxes 
 24.27  as defined in section 270.72, to the extent necessary to 
 24.28  administer section 349A.06, subdivision 2.  
 24.29     Sec. 39.  Minnesota Statutes 1996, section 270B.14, 
 24.30  subdivision 1, is amended to read: 
 24.31     Subdivision 1.  [DISCLOSURE TO COMMISSIONER OF HUMAN 
 24.32  SERVICES.] (a) On the request of the commissioner of human 
 24.33  services, the commissioner shall disclose return information 
 24.34  regarding taxes imposed by chapter 290, and claims for refunds 
 24.35  under chapter 290A, to the extent provided in paragraph (b) and 
 24.36  for the purposes set forth in paragraph (c). 
 25.1      (b) Data that may be disclosed are limited to data relating 
 25.2   to the identity, whereabouts, employment, income, and property 
 25.3   of a person owing or alleged to be owing an obligation of child 
 25.4   support. 
 25.5      (c) The commissioner of human services may request data 
 25.6   only for the purposes of carrying out the child support 
 25.7   enforcement program and to assist in the location of parents who 
 25.8   have, or appear to have, deserted their children.  Data received 
 25.9   may be used only as set forth in section 256.978. 
 25.10     (d) The commissioner shall provide the records and 
 25.11  information necessary to administer the supplemental housing 
 25.12  allowance to the commissioner of human services.  
 25.13     (e) At the request of the commissioner of human services, 
 25.14  the commissioner of revenue shall electronically match the 
 25.15  social security numbers and names of participants in the 
 25.16  telephone assistance plan operated under sections 237.69 to 
 25.17  237.711, with those of property tax refund filers, and determine 
 25.18  whether each participant's household income is within the 
 25.19  eligibility standards for the telephone assistance plan. 
 25.20     (f) The commissioner may provide records and information 
 25.21  collected under sections 295.50 to 295.59 to the commissioner of 
 25.22  human services for purposes of the Medicaid Voluntary 
 25.23  Contribution and Provider-Specific Tax Amendments of 1991, 
 25.24  Public Law Number 102-234.  Upon the written agreement by the 
 25.25  United States Department of Health and Human Services to 
 25.26  maintain the confidentiality of the data, the commissioner may 
 25.27  provide records and information collected under sections 295.50 
 25.28  to 295.59 to the Health Care Financing Administration section of 
 25.29  the United States Department of Health and Human Services for 
 25.30  purposes of meeting federal reporting requirements.  
 25.31     (g) The commissioner may provide records and information to 
 25.32  the commissioner of human services as necessary to administer 
 25.33  the early refund of refundable tax credits. 
 25.34     (h) The commissioner may disclose information to the 
 25.35  commissioner of human services necessary to verify income for 
 25.36  eligibility and premium payment under the MinnesotaCare program, 
 26.1   under section 256.9355, subdivision 2. 
 26.2      Sec. 40.  Minnesota Statutes 1996, section 270B.14, is 
 26.3   amended by adding a subdivision to read: 
 26.4      Subd. 15.  [DISCLOSURE TO COMMISSIONER OF THE POLLUTION 
 26.5   CONTROL AGENCY.] For purposes of administering and enforcing the 
 26.6   dry cleaning and environmental response and reimbursement law of 
 26.7   sections 115B.47 to 115B.51, the commissioner may disclose to 
 26.8   the commissioner of the pollution control agency the names and 
 26.9   addresses of the facilities, owners, and operators collected by 
 26.10  the commissioner under section 115B.49, subdivision 4. 
 26.11     Sec. 41.  Minnesota Statutes 1996, section 270B.14, is 
 26.12  amended by adding a subdivision to read: 
 26.13     Subd. 16.  [DISCLOSURE TO LAW ENFORCEMENT 
 26.14  AUTHORITIES.] Under circumstances involving threat of death or 
 26.15  physical injury to any individual, the commissioner may disclose 
 26.16  return information to the extent necessary to apprise 
 26.17  appropriate federal, state, or local law enforcement authorities 
 26.18  of such circumstances.  Data disclosed under this subdivision 
 26.19  are classified under section 13.82 once they are received by the 
 26.20  law enforcement authority. 
 26.21     Sec. 42.  Minnesota Statutes 1996, section 270B.16, is 
 26.22  amended to read: 
 26.23     270B.16 [DISCOVERY OF REVENUE DATA.] 
 26.24     Notwithstanding any law to the contrary, data collected by 
 26.25  the department of revenue are not subject to discovery or 
 26.26  subpoena in a legal action, other than an action or proceeding 
 26.27  in connection with tax administration, unless disclosure of the 
 26.28  data is authorized under this chapter.  
 26.29     Sec. 43.  Minnesota Statutes 1996, section 287.34, is 
 26.30  amended to read: 
 26.31     287.34 [VIOLATIONS.] 
 26.32     Any person who in any manner knowingly intentionally 
 26.33  attempts to evade the a tax imposed by sections 287.21 to 287.33 
 26.34  this chapter, or who knowingly intentionally aids or abets in 
 26.35  the evasion or attempted evasion of the such tax or who 
 26.36  knowingly violates the provisions of sections 287.21 to 287.33 
 27.1   shall be guilty of a gross misdemeanor.  
 27.2      Sec. 44.  Minnesota Statutes 1996, section 626.556, 
 27.3   subdivision 11, is amended to read: 
 27.4      Subd. 11.  [RECORDS.] (a) Except as provided in paragraph 
 27.5   (b) and subdivisions 10b, 10d, 10g, and 11b, all records 
 27.6   concerning individuals maintained by a local welfare agency 
 27.7   under this section, including any written reports filed under 
 27.8   subdivision 7, shall be private data on individuals, except 
 27.9   insofar as copies of reports are required by subdivision 7 to be 
 27.10  sent to the local police department or the county sheriff.  
 27.11  Reports maintained by any police department or the county 
 27.12  sheriff shall be private data on individuals except the reports 
 27.13  shall be made available to the investigating, petitioning, or 
 27.14  prosecuting authority, including county medical examiners or 
 27.15  county coroners.  Section 13.82, subdivisions 5, 5a, and 5b, 
 27.16  apply to law enforcement data other than the reports.  The local 
 27.17  social services agency shall make available to the 
 27.18  investigating, petitioning, or prosecuting authority, including 
 27.19  county medical examiners or county coroners or their 
 27.20  professional delegates, any records which contain information 
 27.21  relating to a specific incident of neglect or abuse which is 
 27.22  under investigation, petition, or prosecution and information 
 27.23  relating to any prior incidents of neglect or abuse involving 
 27.24  any of the same persons.  The records shall be collected and 
 27.25  maintained in accordance with the provisions of chapter 13.  In 
 27.26  conducting investigations and assessments pursuant to this 
 27.27  section, the notice required by section 13.04, subdivision 2, 
 27.28  need not be provided to a minor under the age of ten who is the 
 27.29  alleged victim of abuse or neglect.  An individual subject of a 
 27.30  record shall have access to the record in accordance with those 
 27.31  sections, except that the name of the reporter shall be 
 27.32  confidential while the report is under assessment or 
 27.33  investigation except as otherwise permitted by this 
 27.34  subdivision.  Any person conducting an investigation or 
 27.35  assessment under this section who intentionally discloses the 
 27.36  identity of a reporter prior to the completion of the 
 28.1   investigation or assessment is guilty of a misdemeanor.  After 
 28.2   the assessment or investigation is completed, the name of the 
 28.3   reporter shall be confidential.  The subject of the report may 
 28.4   compel disclosure of the name of the reporter only with the 
 28.5   consent of the reporter or upon a written finding by the court 
 28.6   that the report was false and that there is evidence that the 
 28.7   report was made in bad faith.  This subdivision does not alter 
 28.8   disclosure responsibilities or obligations under the rules of 
 28.9   criminal procedure. 
 28.10     (b) Upon request of the legislative auditor, data on 
 28.11  individuals maintained under this section must be released to 
 28.12  the legislative auditor in order for the auditor to fulfill the 
 28.13  auditor's duties under section 3.971.  The auditor shall 
 28.14  maintain the data in accordance with chapter 13. 
 28.15     Sec. 45.  [PUBLIC DEFENDER ACCESS TO CRIMINAL HISTORY 
 28.16  DATA.] 
 28.17     The criminal and juvenile justice information policy group 
 28.18  shall facilitate remote electronic access to public criminal 
 28.19  history data by public defenders. 
 28.20     Sec. 46.  [ACCESS TO PUBLIC CONVICTION DATA.] 
 28.21     The bureau of criminal apprehension, in conjunction with 
 28.22  the criminal and juvenile justice information policy group, 
 28.23  shall report to the chairs of the committees on judiciary in the 
 28.24  house of representatives and the senate and the chair of the 
 28.25  committee on crime prevention in the senate by January 15, 1998, 
 28.26  a plan for making public conviction data available at locations 
 28.27  beyond the central office of the bureau of criminal apprehension.
 28.28     Sec. 47.  [REPEALER.] 
 28.29     Minnesota Statutes 1996, sections 13.072, subdivision 3; 
 28.30  and 13.71, subdivisions 18, 19, 20, and 21, are repealed. 
 28.31     Sec. 48.  [EFFECTIVE DATE.] 
 28.32     Section 24 is effective retroactive to January 1, 1997.  
 28.33  Sections 29 to 42 are effective the day following final 
 28.34  enactment.  Section 43 is effective for deeds executed and 
 28.35  delivered, and mortgages submitted for recording, on or after 
 28.36  August 1, 1997.