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

SF 745

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 04/18/2013 03:39pm

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18
1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 2.1 2.2 2.3 2.4
2.5 2.6
2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31
2.32 2.33 2.34 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15
3.16
3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 4.35 4.36 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22
5.23
5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34
6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11
6.12 6.13 6.14 6.15 6.16
6.17
6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 7.1 7.2 7.3
7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12
8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 8.34 8.35 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13
9.14
9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 10.35 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 11.34 11.35 12.1 12.2 12.3 12.4 12.5 12.6 12.7
12.8
12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 12.34 12.35 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33 13.34 13.35 14.1 14.2 14.3
14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28
14.29
14.30 14.31 14.32 14.33 14.34 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19
15.20 15.21 15.22 15.23 15.24
15.25
15.26 15.27 15.28 15.29
15.30 15.31 15.32 15.33 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14
16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 16.34 16.35 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 17.33 17.34 17.35 17.36
18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32
18.33 18.34 18.35 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27
19.28 19.29 19.30 19.31 19.32 19.33 19.34
20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8
20.9 20.10 20.11 20.12 20.13
20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 21.33 21.34 21.35 21.36 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18
22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 22.33 22.34 22.35 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12
23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21
23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30 23.31 23.32 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15
24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 24.32 24.33 24.34 24.35 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25
25.26 25.27 25.28 25.29 25.30 25.31 25.32 25.33 25.34 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21
26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 26.32 26.33 26.34 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24
27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 27.33 27.34 27.35 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25
28.26 28.27 28.28 28.29 28.30 28.31 28.32 28.33
28.34
29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29
29.30
29.31 29.32

A bill for an act
relating to state government; classifying or modifying certain provisions
concerning data practices; requiring informed consent; amending definitions;
allowing disclosure of certain data; allowing access to certain records; making
technical changes; modifying certain provisions regarding transportation and
health data; modifying certain provisions regarding criminal history records,
criminal background checks, and other criminal justice data provisions; extending
for six years the sunset provision for the newborn screening advisory committee;
providing for accreditation of forensic laboratories; repealing the McGruff safe
house program; amending Minnesota Statutes 2012, sections 13.37, subdivision
1; 13.386, subdivision 3; 13.43, subdivisions 2, 14; 13.64, subdivision 2; 13.72,
subdivision 10, by adding subdivisions; 144.966, subdivisions 2, 3, 4, by
adding subdivisions; 171.07, subdivision 1a; 268.19, subdivision 1; 299C.11,
subdivision 1; 299C.46, subdivisions 1, 2, 2a, 3; 299F.035, subdivisions 1, 2;
299F.77; 340A.301, subdivision 2; 340A.402; 626.556, subdivision 7; proposing
coding for new law in Minnesota Statutes, chapters 13; 144; 299C; repealing
Minnesota Statutes 2012, section 299A.28.

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

Section 1.

new text begin [13.356] PERSONAL CONTACT AND ONLINE ACCOUNT
INFORMATION.
new text end

new text begin (a) The following data on an individual collected, maintained, or received by a
government entity for notification or informational purposes of a general nature as
requested by the individual are private data on individuals:
new text end

new text begin (1) telephone number;
new text end

new text begin (2) e-mail address; and
new text end

new text begin (3) Internet user name, password, Internet protocol address, and any other similar
data related to the individual's online account or access procedures.
new text end

new text begin (b) Section 13.04, subdivision 2, does not apply to data classified under paragraph (a).
Paragraph (a) does not apply to data submitted by an individual to the Campaign Finance
Board to meet the legal requirements imposed by chapter 10A, to data submitted for
purposes of making a public comment, or to data in a state agency's rulemaking e-mail list.
new text end

new text begin (c) Data provided under paragraph (a) may only be used for the specific purpose
for which the individual provided the data.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to data collected, maintained, or received before, on, or after that date.
new text end

Sec. 2.

Minnesota Statutes 2012, section 13.37, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

As used in this section, the following terms have the
meanings given them.

(a) "Security information" means government data the disclosure of which
the responsible authority determines would be likely to substantially jeopardize the
security of information, possessions, individuals or property against theft, tampering,
improper use, attempted escape, illegal disclosure, trespass, or physical injury. "Security
information" includes crime prevention block maps and lists of volunteers who participate
in community crime prevention programs and their home new text beginand mailing new text endaddresses deleted text beginanddeleted text endnew text begin,
new text end telephone numbersnew text begin, and e-mail or other digital addressesnew text end.

(b) "Trade secret information" means government data, including a formula, pattern,
compilation, program, device, method, technique or process (1) that was supplied by the
affected individual or organization, (2) that is the subject of efforts by the individual or
organization that are reasonable under the circumstances to maintain its secrecy, and (3)
that derives independent economic value, actual or potential, from not being generally
known to, and not being readily ascertainable by proper means by, other persons who can
obtain economic value from its disclosure or use.

(c) "Labor relations information" means management positions on economic and
noneconomic items that have not been presented during the collective bargaining process
or interest arbitration, including information specifically collected or created to prepare
the management position.

(d) "Parking space leasing data" means the following government data on an
applicant for, or lessee of, a parking space: residence address, home telephone number,
beginning and ending work hours, place of employment, work telephone number, and
location of the parking space.

Sec. 3.

Minnesota Statutes 2012, section 13.386, subdivision 3, is amended to read:


Subd. 3.

Collection, storage, use, and dissemination of genetic information.

new text begin(a)
new text endUnless otherwise expressly provided by law, genetic information about an individual:

(1) may be collected by a government entity, as defined in section 13.02, subdivision
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
informed consent;

(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.

new text begin (b) Newborn screening activities conducted under sections 144.125 to 144.128 are
subject to paragraph (a). Other programs and activities governed under section 144.192
are not subject to paragraph (a).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013.
new text end

Sec. 4.

Minnesota Statutes 2012, 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; terms and conditions of employment
relationship; 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 complete 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; work-related continuing
education; and honors and awards received; and

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

(b) For purposes of this subdivision, a final disposition occurs when the government
entity makes its final decision about the disciplinary action, regardless of the possibility of
any later proceedings or court proceedings. Final disposition includes a resignation by an
individual when the resignation occurs after the final decision of the government entity,
or arbitrator. 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. A disciplinary action does not become public data if an
arbitrator sustains a grievance and reverses all aspects of any disciplinary action.

(c) The government entity may display a photograph of a current or former employee
to a prospective witness as part of the 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
government entity in connection with a complaint or charge against an employee.

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

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

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

(3) executive or administrative heads of departments, bureaus, divisions, or
institutions within state government; and

(4) the following employees:

(i) the chief administrative officer, or the individual acting in an equivalent position,
in all political subdivisions;

(ii) individuals required to be identified by a political subdivision pursuant to section
471.701;

(iii) in a city with a population of more than 7,500 or a county with a population
of more than 5,000deleted text begin, individuals in a management capacity reporting directly to the chief
administrative officer or the individual acting in an equivalent position
deleted text endnew text begin: managers; chiefs;
heads or directors of departments, divisions, bureaus, or boards; and any equivalent
position
new text end; and

(iv) in a school districtdeleted text begin,deleted text endnew text begin:new text end business managersdeleted text begin,deleted text endnew text begin;new text end human resource directorsdeleted text begin, anddeleted text endnew text begin; athletic
directors whose duties include at least 50 percent of their time spent in administration,
personnel, supervision, and evaluation; chief financial officers; directors;
new text end individuals
defined as superintendentsdeleted text begin,deleted text endnew text begin andnew text end principalsdeleted text begin, and directorsdeleted text end under Minnesota Rules, part
3512.0100; and in a charter school, individuals employed in comparable positions.

(f) Data relating to a complaint or charge against an employee identified under
paragraph (e), clause (4), are public only if:

(1) the complaint or charge results in disciplinary action or the employee resigns or
is terminated from employment while the complaint or charge is pending; or

(2) potential legal claims arising out of the conduct that is the subject of the
complaint or charge are released as part of a settlement agreement deleted text beginwith another persondeleted text end.

This paragraph and paragraph (e) do not authorize the release of data that are made
not public under other law.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2012, section 13.43, subdivision 14, is amended to read:


Subd. 14.

Maltreatment data.

new text begin(a) new text endWhen a report of alleged maltreatment of a
student in a school facility, as defined in section 626.556, subdivision 2, paragraph (f), is
made to the commissioner of education under section 626.556, data that are relevant to a
report of maltreatment and are collected by the school facility about the person alleged to
have committed maltreatment must be provided to the commissioner of education upon
request for purposes of an assessment or investigation of the maltreatment report. Data
received by the commissioner of education pursuant to these assessments or investigations
are classified under section 626.556.

new text begin (b) Personnel data may be released for purposes of providing information to a parent,
legal guardian, or custodian of a child under section 626.556, subdivision 7.
new text end

Sec. 6.

Minnesota Statutes 2012, section 13.64, subdivision 2, is amended to read:


Subd. 2.

Department of Administration.

new text begin(a) new text endSecurity features of building
plans, building specifications, and building drawings of state-owned facilities and
non-state-owned facilities leased by the state are classified as nonpublic data when
maintained by the Department of Administration and may be shared with anyone as
needed to perform duties of the commissioner.

new text begin (b) Data maintained by the Department of Administration that identify an individual
with a disability or a family member of an individual with a disability related to services
funded by the federal Assistive Technology Act, United States Code, title 29, sections
3001 to 3007, for assistive technology device demonstrations, transition training, loans,
reuse, or alternative financing are private data on individuals.
new text end

Sec. 7.

Minnesota Statutes 2012, section 13.72, subdivision 10, is amended to read:


Subd. 10.

Transportation service data.

Personal, medical, financial, familial, or
locational information data pertaining to applicants for or users of services providing
transportation for the disabled or elderlydeleted text begin, with the exception of the name of the applicant
or user of the service,
deleted text end are private.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 8.

Minnesota Statutes 2012, section 13.72, is amended by adding a subdivision to
read:


new text begin Subd. 18. new text end

new text begin Mileage-based user fees. new text end

new text begin (a) The following data pertaining to
participation in the Minnesota road use test, as required by Laws 2007, chapter 143,
article 1, section 3, subdivision 3, paragraph (a), clause (1), are classified as nonpublic
or private data:
new text end

new text begin (1) names of participants, participants' contact information, and data contained in
applications for participation in the Minnesota road use test;
new text end

new text begin (2) applications for the purchase, lease, or rental of the GPS navigation device;
new text end

new text begin (3) participants' vehicle identification data;
new text end

new text begin (4) financial and credit data; and
new text end

new text begin (5) participants' road usage data.
new text end

new text begin (b) Nothing in this section prohibits the production of summary data, as defined in
section 13.02, subdivision 19, as it pertains to types of vehicles used and road usage
data, as long as the participants' identities or any other characteristic that could uniquely
identify participants are not ascertainable.
new text end

new text begin (c) Notwithstanding section 13.03, subdivision 6, the Department of Transportation
shall only produce the data made not public under this subdivision to federal, state, and
local law enforcement authorities acting pursuant to a valid probable cause search warrant.
new text end

Sec. 9.

Minnesota Statutes 2012, section 13.72, is amended by adding a subdivision to
read:


new text begin Subd. 19. new text end

new text begin Construction manager/general contractor data. new text end

new text begin (a) When the
Department of Transportation undertakes a construction manager/general contractor
contract, as defined and authorized in sections 161.3207 to 161.3209, the provisions
of this subdivision apply.
new text end

new text begin (b) When the commissioner of transportation solicits a request for qualifications:
new text end

new text begin (1) the following data are classified as protected nonpublic:
new text end

new text begin (i) the statement of qualifications scoring evaluation manual; and
new text end

new text begin (ii) the statement of qualifications evaluations;
new text end

new text begin (2) the statement of qualifications submitted by a potential construction
manager/general contractor is classified as nonpublic data; and
new text end

new text begin (3) identifying information concerning the members of the Technical Review
Committee is classified as private data.
new text end

new text begin (c) When the commissioner of transportation announces the short list of qualified
construction managers/general contractors, the following data become public:
new text end

new text begin (1) the statement of qualifications scoring evaluation manual; and
new text end

new text begin (2) the statement of qualifications evaluations.
new text end

new text begin (d) When the commissioner of transportation solicits a request for proposals:
new text end

new text begin (1) the proposal scoring manual is classified as protected nonpublic data; and
new text end

new text begin (2) the following data are classified as nonpublic data:
new text end

new text begin (i) the proposals submitted by a potential construction manager/general contractor;
and
new text end

new text begin (ii) the proposal evaluations.
new text end

new text begin (e) When the commissioner of transportation has completed the ranking of proposals
and announces the selected construction manager/general contractor, the proposal
evaluation score or rank and proposal evaluations become public data.
new text end

new text begin (f) When the commissioner of transportation conducts contract negotiations
with a construction manager/general contractor, government data created, collected,
stored, and maintained during those negotiations are nonpublic data until a construction
manager/general contractor contract is fully executed.
new text end

new text begin (g) When the construction manager/general contractor contract is fully executed or
when the commissioner of transportation decides to use another contract procurement
process, other than the construction manager/general contractor authority, authorized
under section 161.3209, subdivision 3, paragraph (b), all remaining data not already made
public under this subdivision becomes public.
new text end

new text begin (h) If the commissioner of transportation rejects all responses to a request for
proposals before a construction manager/general contractor contract is fully executed, all
data, other than that data made public under this subdivision, retains its classification
until a resolicitation of the request for proposals results in a fully executed construction
manager/general contractor contract or a determination is made to abandon the project. If
a resolicitation of proposals does not occur within one year of the announcement of the
request for proposals, the remaining data becomes public.
new text end

Sec. 10.

Minnesota Statutes 2012, section 13.72, is amended by adding a subdivision
to read:


new text begin Subd. 20. new text end

new text begin Transit customer data. new text end

new text begin (a) Data on applicants, users, and customers
of public transit collected by or through the Metropolitan Council's personalized Web
services or the regional fare collection system are private data on individuals. As used in
this subdivision, the following terms have the meanings given them:
new text end

new text begin (1) "regional fare collection system" means the fare collection system created and
administered by the council that is used for collecting fares or providing fare cards or
passes for transit services which includes:
new text end

new text begin (i) regular route bus service within the metropolitan area and paratransit service,
whether provided by the council or by other providers of regional transit service;
new text end

new text begin (ii) light rail transit service within the metropolitan area;
new text end

new text begin (iii) rideshare programs administered by the council;
new text end

new text begin (iv) special transportation services provided under section 473.386; and
new text end

new text begin (v) commuter rail service;
new text end

new text begin (2) "personalized Web services" means services for which transit service applicants,
users, and customers must establish a user account; and
new text end

new text begin (3) "metropolitan area" means the area defined in section 473.121, subdivision 2.
new text end

new text begin (b) The council may disseminate data on user and customer transaction history
and fare card use to government entities, organizations, school districts, educational
institutions, and employers that subsidize or provide fare cards to their clients, students, or
employees. "Data on user and customer transaction history and fare card use" means:
new text end

new text begin (1) the date a fare card was used;
new text end

new text begin (2) the time a fare card was used;
new text end

new text begin (3) the mode of travel;
new text end

new text begin (4) the type of fare product used; and
new text end

new text begin (5) information about the date, time, and type of fare product purchased.
new text end

new text begin Government entities, organizations, school districts, educational institutions, and
employers may use customer transaction history and fare card use data only for purposes
of measuring and promoting fare card use and evaluating the cost-effectiveness of their
fare card programs. If a user or customer requests in writing that the council limit the
disclosure of transaction history and fare card use, the council may disclose only the card
balance and the date a card was last used.
new text end

new text begin (c) The council may disseminate transit service applicant, user, and customer data
to another government entity to prevent unlawful intrusion into government electronic
systems, or as otherwise provided by law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 11.

new text begin [144.192] TREATMENT OF BIOLOGICAL SPECIMENS AND
HEALTH DATA HELD BY THE DEPARTMENT OF HEALTH AND HEALTH
BOARDS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms
have the meanings given.
new text end

new text begin (b) "Biological specimen" means tissue, fluids, excretions, or secretions that contain
human DNA originating from an identifiable individual, either living or deceased.
Biological specimen does not include infectious agents or chemicals that are isolated from a
specimen. Nothing in this section or section 13.386 is intended to limit the commissioner's
ability to collect, use, store, or disseminate such isolated infectious agents or chemicals.
new text end

new text begin (c) "Health data" has the meaning given in section 13.3805, subdivision 1, paragraph
(a), clause (2).
new text end

new text begin (d) "Health oversight" means oversight of the health care system for activities
authorized by law, limited to the following:
new text end

new text begin (1) audits;
new text end

new text begin (2) civil, administrative, or criminal investigations;
new text end

new text begin (3) inspections;
new text end

new text begin (4) licensure or disciplinary actions;
new text end

new text begin (5) civil, administrative, or criminal proceedings or actions; and
new text end

new text begin (6) other activities necessary for appropriate oversight of the health care system and
persons subject to such governmental regulatory programs for which biological specimens
or health data are necessary for determining compliance with program standards.
new text end

new text begin (e) "Individual" has the meaning given in section 13.02, subdivision 8. In addition,
for a deceased individual, individual also means the representative of the decedent.
new text end

new text begin (f) "Person" has the meaning given in section 13.02, subdivision 10.
new text end

new text begin (g) "Program operations" means actions, testing, and procedures directly related to
the operation of department programs, limited to the following:
new text end

new text begin (1) diagnostic and confirmatory testing;
new text end

new text begin (2) laboratory quality control assurance and improvement;
new text end

new text begin (3) calibration of equipment;
new text end

new text begin (4) evaluation and improvement of test accuracy;
new text end

new text begin (5) method development and validation;
new text end

new text begin (6) compliance with regulatory requirements; and
new text end

new text begin (7) continuity of operations to ensure that testing continues in the event of an
emergency.
new text end

new text begin (h) "Public health practice" means actions related to disease, conditions, injuries,
risk factors, or exposures taken to protect public health, limited to the following:
new text end

new text begin (1) monitoring the health status of a population;
new text end

new text begin (2) investigating occurrences and outbreaks;
new text end

new text begin (3) comparing patterns and trends;
new text end

new text begin (4) implementing prevention and control measures;
new text end

new text begin (5) conducting program evaluations and making program improvements;
new text end

new text begin (6) making recommendations concerning health for a population;
new text end

new text begin (7) preventing or controlling known or suspected diseases and injuries; and
new text end

new text begin (8) conducting other activities necessary to protect or improve the health of
individuals and populations for which biological specimens or health data are necessary.
new text end

new text begin (i) "Representative of the decedent" has the meaning given in section 13.10,
subdivision 1, paragraph (c).
new text end

new text begin (j) "Research" means activities that are not program operations, public health
practice, or health oversight and is otherwise defined in Code of Federal Regulations, title
45, part 46, subpart A, section 46.102(d).
new text end

new text begin Subd. 2. new text end

new text begin Collection, use, storage, and dissemination. new text end

new text begin (a) The commissioner may
collect, use, store, and disseminate biological specimens and health data, genetic or other,
as provided in this section and as authorized under any other provision of applicable law,
including any rules adopted on or before June 30, 2013. Any rules adopted after June 30,
2013, must be consistent with the requirements of this section.
new text end

new text begin (b) The provisions in this section supplement other provisions of law and do not
supersede or repeal other provisions of law applying to the collection, use, storage, or
dissemination of biological specimens or health data.
new text end

new text begin (c) For purposes of this section, genetic information is limited to biological
specimens and health data.
new text end

new text begin Subd. 3. new text end

new text begin Biological specimens and health data for program operations, public
health practice, and health oversight.
new text end

new text begin (a) The commissioner may collect, use, store, and
disseminate biological specimens and health data to conduct program operations activities,
public health practice activities, and health oversight activities. Unless required under
other applicable law, consent of an individual is not required under this subdivision.
new text end

new text begin (b) With the approval of the commissioner, biological specimens may be
disseminated to establish a diagnosis, to provide treatment, to identify persons at risk of
illness, or to conduct an epidemiologic investigation to control or prevent the spread of
serious disease, or to diminish an imminent threat to the public health.
new text end

new text begin (c) For purposes of Clinical Laboratory Improvement Amendments proficiency
testing, the commissioner may disseminate de-identified biological specimens to state
public health laboratories that agree, pursuant to contract, not to attempt to re-identify
the biological specimens.
new text end

new text begin (d) Health data may be disseminated as provided in section 13.3805, subdivision 1,
paragraph (b).
new text end

new text begin Subd. 4. new text end

new text begin Research. new text end

new text begin The commissioner may collect, use, store, and disseminate
biological specimens and health data to conduct research in a manner that is consistent
with the federal common rule for the protection of human subjects in Code of Federal
Regulations, title 45, part 46.
new text end

new text begin Subd. 5. new text end

new text begin Storage of biological specimens and health data according to storage
schedules.
new text end

new text begin (a) The commissioner shall store health data according to section 138.17.
new text end

new text begin (b) The commissioner shall store biological specimens according to a specimen
storage schedule. The commissioner shall develop the storage schedule by July 1, 2013,
and post it on the department's Web site.
new text end

new text begin Subd. 6. new text end

new text begin Secure storage of biological specimens. new text end

new text begin The commissioner shall establish
appropriate security safeguards for the storage of biological specimens, with regard for
the privacy of the individuals from whom the biological specimens originated, and store
the biological specimens accordingly. When a biological specimen is disposed of, it
must be destroyed in a way that prevents determining the identity of the individual from
whom it originated.
new text end

new text begin Subd. 7. new text end

new text begin Applicability to health boards. new text end

new text begin The provisions of subdivisions 2; 3,
paragraphs (a), (c), and (d); and 4 to 6 pertaining to the commissioner also apply to boards
of health and community health boards organized under chapter 145A. These boards
may also disseminate health data pursuant to section 13.3805, subdivision 1, paragraph
(b), clause (2).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013.
new text end

Sec. 12.

Minnesota Statutes 2012, section 144.966, subdivision 2, is amended to read:


Subd. 2.

Newborn Hearing Screening Advisory Committee.

(a) The
commissioner of health shall establish a Newborn Hearing Screening Advisory Committee
to advise and assist the Department of Health and the Department of Education in:

(1) developing protocols and timelines for screening, rescreening, and diagnostic
audiological assessment and early medical, audiological, and educational intervention
services for children who are deaf or hard-of-hearing;

(2) designing protocols for tracking children from birth through age three that may
have passed newborn screening but are at risk for delayed or late onset of permanent
hearing loss;

(3) designing a technical assistance program to support facilities implementing the
screening program and facilities conducting rescreening and diagnostic audiological
assessment;

(4) designing implementation and evaluation of a system of follow-up and tracking;
and

(5) evaluating program outcomes to increase effectiveness and efficiency and ensure
culturally appropriate services for children with a confirmed hearing loss and their families.

(b) The commissioner of health shall appoint at least one member from each of the
following groups with no less than two of the members being deaf or hard-of-hearing:

(1) a representative from a consumer organization representing culturally deaf
persons;

(2) a parent with a child with hearing loss representing a parent organization;

(3) a consumer from an organization representing oral communication options;

(4) a consumer from an organization representing cued speech communication
options;

(5) an audiologist who has experience in evaluation and intervention of infants
and young children;

(6) a speech-language pathologist who has experience in evaluation and intervention
of infants and young children;

(7) two primary care providers who have experience in the care of infants and young
children, one of which shall be a pediatrician;

(8) a representative from the early hearing detection intervention teams;

(9) a representative from the Department of Education resource center for the deaf
and hard-of-hearing or the representative's designee;

(10) a representative of the Commission of Deaf, DeafBlind and Hard-of-Hearing
Minnesotans;

(11) a representative from the Department of Human Services Deaf and
Hard-of-Hearing Services Division;

(12) one or more of the Part C coordinators from the Department of Education, the
Department of Health, or the Department of Human Services or the department's designees;

(13) the Department of Health early hearing detection and intervention coordinators;

(14) two birth hospital representatives from one rural and one urban hospital;

(15) a pediatric geneticist;

(16) an otolaryngologist;

(17) a representative from the Newborn Screening Advisory Committee under
this subdivision; and

(18) a representative of the Department of Education regional low-incidence
facilitators.

The commissioner must complete the appointments required under this subdivision by
September 1, 2007.

(c) The Department of Health member shall chair the first meeting of the committee.
At the first meeting, the committee shall elect a chair from its membership. The committee
shall meet at the call of the chair, at least four times a year. The committee shall adopt
written bylaws to govern its activities. The Department of Health shall provide technical
and administrative support services as required by the committee. These services shall
include technical support from individuals qualified to administer infant hearing screening,
rescreening, and diagnostic audiological assessments.

Members of the committee shall receive no compensation for their service, but
shall be reimbursed as provided in section 15.059 for expenses incurred as a result of
their duties as members of the committee.

new text begin (d) By February 15, 2015, and by February 15 of the odd-numbered years after that
date, the commissioner shall report to the chairs and ranking minority members of the
legislative committees with jurisdiction over health and data privacy on the activities of
the committee that have occurred during the past two years.
new text end

deleted text begin (d)deleted text endnew text begin (e)new text end This subdivision expires June 30, deleted text begin2013deleted text endnew text begin 2019new text end.

Sec. 13.

Minnesota Statutes 2012, section 144.966, subdivision 3, is amended to read:


Subd. 3.

Early hearing detection and intervention programs.

All hospitals
shall establish an early hearing detection and intervention (EHDI) program. Each EHDI
program shall:

(1) in advance of any hearing screening testing, provide to the newborn's or infant's
parents or parent information concerning the nature of the screening procedure, applicable
costs of the screening procedure, the potential risks and effects of hearing loss, and the
benefits of early detection and intervention;

(2) comply with parental deleted text beginconsentdeleted text end new text beginelection as described new text endunder section 144.125,
subdivision deleted text begin3deleted text endnew text begin 4new text end
;

(3) develop policies and procedures for screening and rescreening based on
Department of Health recommendations;

(4) provide appropriate training and monitoring of individuals responsible for
performing hearing screening tests as recommended by the Department of Health;

(5) test the newborn's hearing prior to discharge, or, if the newborn is expected to
remain in the hospital for a prolonged period, testing shall be performed prior to three
months of age or when medically feasible;

(6) develop and implement procedures for documenting the results of all hearing
screening tests;

(7) inform the newborn's or infant's parents or parent, primary care physician, and
the Department of Health according to recommendations of the Department of Health of
the results of the hearing screening test or rescreening if conducted, or if the newborn or
infant was not successfully tested. The hospital that discharges the newborn or infant to
home is responsible for the screening; and

(8) collect performance data specified by the Department of Health.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013.
new text end

Sec. 14.

Minnesota Statutes 2012, section 144.966, subdivision 4, is amended to read:


Subd. 4.

Notification and informationnew text begin; data retention and destructionnew text end.

(a)
Notification to the parents or parent, primary care provider, and the Department of Health
shall occur prior to discharge or no later than ten days following the date of testing.
Notification shall include information recommended by the Department of Healthnew text begin and
information regarding the right of the parent or legal guardian to discontinue storage of the
test results and require destruction under paragraph (d)
new text end.

(b) A physician, nurse, midwife, or other health professional attending a birth outside
a hospital or institution shall provide information, orally and in writing, as established by
the Department of Health, to parents regarding places where the parents may have their
infant's hearing screened and the importance of the screening.

(c) The professional conducting the diagnostic procedure to confirm the hearing loss
must report the results to the parents, primary care provider, and Department of Health
according to the Department of Health recommendations.

new text begin (d) The Department of Health may store hearing screening and rescreening test
results for a period of time not to exceed 18 years from the infant's date of birth.
new text end

new text begin (e) Notwithstanding paragraph (d), a parent or legal guardian may instruct the
Department of Health to discontinue storing hearing screening and rescreening test results
by providing a signed and dated form requesting destruction of the test results. The
Department of Health shall make necessary forms available on the department's Web site.
If a parent or legal guardian instructs the Department of Health to discontinue storing
hearing screening and rescreening test results, the Department of Health shall destroy the
test results within one month of receipt of the instruction or within 25 months after it
received the last test result, whichever is later.
new text end

Sec. 15.

Minnesota Statutes 2012, section 144.966, is amended by adding a subdivision
to read:


new text begin Subd. 8. new text end

new text begin Construction. new text end

new text begin Notwithstanding anything to the contrary, nothing in this
section shall be construed as constituting newborn screening activities conducted under
sections 144.125 to 144.128.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013.
new text end

Sec. 16.

Minnesota Statutes 2012, section 144.966, is amended by adding a subdivision
to read:


new text begin Subd. 9. new text end

new text begin Data collected. new text end

new text begin Data collected by or submitted to the Department of
Health pursuant to this section is not genetic information for purposes of section 13.386.
new text end

Sec. 17.

Minnesota Statutes 2012, 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 13.02, subdivision
12
. 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;

(2) to criminal justice agencies, as defined in section 299C.46, subdivision 2, for the
investigation and prosecution of crimes, service of process, enforcement of no contact
orders, location of missing persons, investigation and preparation of cases for criminal,
juvenile, and traffic court, and supervision of offenders;

(3) to public defenders, as defined in section 611.272, for the investigation and
preparation of cases for criminal, juvenile, and traffic courts; deleted text beginand
deleted text end

(4) to child support enforcement purposes under section 256.978new text begin; and
new text end

new text begin (5) to a county medical examiner or coroner as required by section 390.005 as
necessary to fulfill the duties under sections 390.11 and 390.25
new text end.

Sec. 18.

Minnesota Statutes 2012, section 268.19, subdivision 1, is amended to read:


Subdivision 1.

Use of data.

(a) Except as provided by this section, data gathered
from any person under 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 according to a district court
order or section 13.05. A subpoena is not 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) the public authority responsible for child support in Minnesota or any other
state in accordance with section 256.978;

(5) human rights agencies within Minnesota that have enforcement powers;

(6) the Department of Revenue to the extent necessary for its duties under Minnesota
laws;

(7) public and private agencies responsible for administering publicly financed
assistance programs for the purpose of monitoring the eligibility of the program's recipients;

(8) the Department of Labor and Industry and the Division of Insurance Fraud
Prevention in the Department of Commerce for uses consistent with the administration of
their duties under Minnesota law;

(9) 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;

(10) 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
assistance program;

(11) local, state, and federal law enforcement agencies for the purpose of ascertaining
the last known address and employment location of an individual who is the subject of
a criminal investigation;

(12) the United States Immigration and Customs Enforcement has 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;

(13) the Department of Health for the purposes of epidemiologic investigations;

(14) the Department of Corrections for the purpose of new text begincase planning for preprobation
and postprobation employment tracking of offenders sentenced to probation and
new text endpreconfinement and postconfinement employment tracking of committed offenders deleted text beginfor
the purpose of case planning
deleted text end; and

(15) the state auditor to the extent necessary to conduct audits of job opportunity
building zones as required under section 469.3201.

(b) Data on individuals and employers that are collected, maintained, or used by
the department in an investigation under section 268.182 are confidential as to data
on individuals and protected nonpublic data not on individuals as defined in section
13.02, subdivisions 3 and 13, and must not be disclosed except under 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 in 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
the department.

Sec. 19.

Minnesota Statutes 2012, section 299C.11, subdivision 1, is amended to read:


Subdivision 1.

Identification data other than DNA.

(a) Each sheriff and chief of
police shall furnish the bureau, upon such form as the superintendent shall prescribe, with
such finger and thumb prints, photographs, distinctive physical mark identification data,
information on known aliases and street names, and other identification data as may be
requested or required by the superintendent of the bureau, which must be taken under the
provisions of section 299C.10. In addition, sheriffs and chiefs of police shall furnish this
identification data to the bureau for individuals found to have been convicted of a felony,
gross misdemeanor, or targeted misdemeanor, within the ten years immediately preceding
their arrest. When the bureau learns that an individual who is the subject of a background
check has used, or is using, identifying information, including, but not limited to, name
and date of birth, other than those listed on the criminal history, the bureau may add the
new identifying information to the criminal history when supported by fingerprints.

(b) No petition under chapter 609A is required if the person has not been convicted
of any felony or gross misdemeanor, either within or without the state, within the period
of ten years immediately preceding the determination of all pending criminal actions or
proceedings in favor of the arrested person, and either of the following occurred:

(1) all charges were dismissed prior to a determination of probable cause; or

(2) the prosecuting authority declined to file any charges and a grand jury did not
return an indictment.

Where these conditions are met, the bureau or agency shall, upon demand, deleted text beginreturn to
deleted text endnew text begin destroynew text end the arrested person finger and thumb prints, photographs, distinctive physical mark
identification data, information on known aliases and street names, and other identification
data, and all copies and duplicates of them.

(c) Except as otherwise provided in paragraph (b), upon the determination of all
pending criminal actions or proceedings in favor of the arrested person, and the granting
of the petition of the arrested person under chapter 609A, the bureau shall seal finger and
thumb prints, photographs, distinctive physical mark identification data, information on
known aliases and street names, and other identification data, and all copies and duplicates
of them if the arrested person has not been convicted of any felony or gross misdemeanor,
either within or without the state, within the period of ten years immediately preceding
such determination.

Sec. 20.

new text begin [299C.157] FORENSIC LABORATORIES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the following terms have
the meanings given:
new text end

new text begin (1) "forensic analysis" means the application of scientific knowledge and
methodology by an individual who:
new text end

new text begin (i) has or should have specialized training and utilizes standardized procedures to
conduct examinations on items of evidence;
new text end

new text begin (ii) forms an opinion or conclusion based on the outcome of the procedure under
item (i) and the individual's training, experience, or both, and writes a report including
the individual's conclusions; and
new text end

new text begin (iii) has the potential to offer expert testimony of the individual's analysis in a court
of law; and
new text end

new text begin (2) "forensic laboratory" means a publicly financed laboratory within the state that
conducts forensic analysis on items of evidence that are part of or have the potential to be
used in a criminal investigation.
new text end

new text begin Subd. 2. new text end

new text begin Forensic laboratories; mandatory accreditation; posting on Web site.
new text end

new text begin (a) A forensic laboratory operating on or after January 1, 2014, must: (1) be accredited
by the American Society of Crime Laboratory Directors/Laboratory Accreditation Board
(ASCLD/LAB), or other accrediting body that requires conformance to standards for
testing laboratories established by the International Organization for Standardization
(ISO/IEC 17025) and the supplemental standards applicable to forensic laboratories
developed by the International Laboratory Accreditation Cooperative (ILAC); or (2)
have begun the formal process of seeking accreditation under clause (1) and follow the
standards necessary for accreditation.
new text end

new text begin (b) No forensic laboratory may operate on or after July 1, 2015, unless it is
accredited as provided in paragraph (a).
new text end

new text begin (c) A forensic laboratory must forward to the commissioner of public safety copies
of the laboratory's certificate of accreditation and scope of accreditation or an affirmation
that the laboratory is in compliance with paragraph (a), clause (2). The commissioner shall
post these items on the department's Web site.
new text end

Sec. 21.

Minnesota Statutes 2012, section 299C.46, subdivision 1, is amended to read:


Subdivision 1.

Establishmentdeleted text begin; interconnectiondeleted text end.

The commissioner of public safety
shall establish a criminal justice data communications network deleted text beginwhichdeleted text endnew text begin thatnew text end will deleted text beginenable the
interconnection of the criminal justice agencies within the state
deleted text endnew text begin provide secure access to
systems and services available from or through the Bureau of Criminal Apprehension
new text end. The
commissioner of public safety is authorized to lease or purchase facilities and equipment
as may be necessary to establish and maintain the data communications network.

Sec. 22.

Minnesota Statutes 2012, section 299C.46, subdivision 2, is amended to read:


Subd. 2.

Criminal justice agency defined.

For the purposes of sections 299C.46
to 299C.49, "criminal justice agency" means an agency of the state or deleted text beginan agency ofdeleted text end a
political subdivisionnew text begin or the federal governmentnew text end charged with detection, enforcement,
prosecution, adjudication or incarceration in respect to the criminal or traffic laws of this
state. This definition also includes all sites identified and licensed as a detention facility
by the commissioner of corrections under section 241.021new text begin and those federal agencies that
serve part or all of the state from an office located outside the state
new text end.

Sec. 23.

Minnesota Statutes 2012, section 299C.46, subdivision 2a, is amended to read:


Subd. 2a.

Noncriminal justice agency defined.

For the purposes of sections
299C.46 to 299C.49, "noncriminal justice agency" means an agency of deleted text beginadeleted text endnew text begin thenew text end state or deleted text beginan
agency of
deleted text end a political subdivision of deleted text beginadeleted text endnew text begin thenew text end state charged with the responsibility of performing
checks of state databases connected to the criminal justice data communications network.

Sec. 24.

Minnesota Statutes 2012, section 299C.46, subdivision 3, is amended to read:


Subd. 3.

Authorized use, fee.

(a) The criminal justice data communications
network shall be used exclusively by:

(1) criminal justice agencies in connection with the performance of duties required
by law;

(2) agencies investigating federal security clearances of individuals for assignment
or retention in federal employment with duties related to national security, as required by
deleted text beginPublic Law 99-169deleted text endnew text begin United States Code, title 5, section 9101new text end;

(3) other agencies to the extent necessary to provide for protection of the public or
property in deleted text beginandeleted text endnew text begin a declarednew text end emergency or disaster situation;

(4) noncriminal justice agencies statutorily mandated, by state or national law, to
conduct checks into state databases prior to disbursing licenses or providing benefits;

(5) the public authority responsible for child support enforcement in connection
with the performance of its duties;

(6) the public defender, as provided in section 611.272; deleted text beginand
deleted text end

(7) a county attorney or the attorney general, as the county attorney's designee, for
the purpose of determining whether a petition for the civil commitment of a proposed
patient as a sexual psychopathic personality or as a sexually dangerous person should be
filed, and during the pendency of the commitment proceedingsnew text begin;
new text end

new text begin (8) an agency of the state or a political subdivision whose access to systems or
services provided from or through the bureau is specifically authorized by federal law
or regulation or state statute; and
new text end

new text begin (9) a court for access to data as authorized by federal law or regulation or state
statute and related to the disposition of a pending case
new text end.

(b) The commissioner of public safety shall establish a monthly network access
charge to be paid by each participating criminal justice agency. The network access
charge shall be a standard fee established for each terminal, computer, or other equipment
directly addressable by the data communications network, as follows: January 1, 1984
to December 31, 1984, $40 connect fee per month; January 1, 1985 and thereafter, $50
connect fee per month.

(c) The commissioner of public safety is authorized to arrange for the connection
of the data communications network with the criminal justice information system of
the federal government, any deleted text beginadjacentdeleted text end state, or deleted text beginCanadadeleted text endnew text begin country for the secure exchange
of information for any of the purposes authorized in paragraph (a), clauses (1), (2), (3),
(8) and (9)
new text end.

new text begin (d) Prior to establishing a secure connection, a criminal justice agency must:
new text end

new text begin (1) agree to comply with all applicable policies governing access to, submission of
or use of the data;
new text end

new text begin (2) meet the bureau's security requirements;
new text end

new text begin (3) agree to pay any required fees; and
new text end

new text begin (4) conduct fingerprint-based state and national background checks on their
employees and contractors as required by the Federal Bureau of Investigation.
new text end

new text begin (e) Prior to establishing a secure connection, a noncriminal justice agency must:
new text end

new text begin (1) agree to comply with all applicable policies governing access to, submission of
or use of the data;
new text end

new text begin (2) meet the bureau's security requirements;
new text end

new text begin (3) agree to pay any required fees; and
new text end

new text begin (4) conduct fingerprint-based state and national background checks on their
employees and contractors.
new text end

new text begin (f) Those noncriminal justice agencies that do not have a secure network connection
yet receive data either retrieved over the secure network by an authorized criminal justice
agency or as a result of a state or federal criminal history records check shall conduct a
background check as provided in paragraph (g) of those individuals who receive and
review the data to determine another individual's eligibility for employment, housing, a
license, or another legal right dependent on a statutorily-mandated background check.
new text end

new text begin (g) The background check required by paragraph (e) or (f) is accomplished by
submitting a request to the superintendent of the Bureau of Criminal Apprehension
that includes a signed, written consent for the Minnesota and national criminal history
records check, fingerprints, and the required fee. The superintendent may exchange
the fingerprints with the Federal Bureau of Investigation for purposes of obtaining the
individual's national criminal history record information.
new text end

new text begin The superintendent shall return the results of the national criminal history records check to
the noncriminal justice agency to determine if the individual is qualified to have access to
state and federal criminal history record information or the secure network. An individual
is disqualified when the state and federal criminal history record information show any of
the disqualifiers that the individual will apply to the records of others.
new text end

new text begin When the individual is to have access to the secure network, the noncriminal justice
agency shall review the criminal history of each employee or contractor with the Criminal
Justice Information Services systems officer at the bureau, or the officer's designee, to
determine if the employee or contractor qualifies for access to the secure network. The
Criminal Justice Information Services systems officer or the designee shall make the
access determination based on Federal Bureau of Investigation policy and Bureau of
Criminal Apprehension policy.
new text end

Sec. 25.

new text begin [299C.72] MINNESOTA CRIMINAL HISTORY CHECKS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section the following terms have
the meaning given.
new text end

new text begin (a) "Applicant for employment" means an individual who seeks either county or city
employment or has applied to serve as a volunteer in the county or city.
new text end

new text begin (b) "Applicant for licensure" means the individual seeks a license issued by the
county or city which is not subject to a federal- or state-mandated background check.
new text end

new text begin (c) "Authorized law enforcement agency" means the county sheriff for checks
conducted for county purposes, the police department for checks conducted for city
purposes, or the county sheriff for checks conducted for city purposes where there is no
police department.
new text end

new text begin (d) "Criminal history check" means retrieval of criminal history data via the secure
network described in section 299C.46.
new text end

new text begin (e) "Criminal history data" means adult convictions and adult open arrests less than
one year old found in the Minnesota computerized criminal history repository.
new text end

new text begin (f) "Informed consent" has the meaning given in section 13.05, subdivision 4,
paragraph (d).
new text end

new text begin Subd. 2. new text end

new text begin Criminal history check authorized. new text end

new text begin (a) The criminal history check
authorized by this section shall not be used in place of a statutorily-mandated or authorized
background check.
new text end

new text begin (b) An authorized law enforcement agency may conduct a criminal history check
of an individual who is an applicant for employment or applicant for licensure. Prior
to conducting the criminal history check, the authorized law enforcement agency must
receive the informed consent of the individual.
new text end

new text begin (c) The authorized law enforcement agency shall not disseminate criminal history
data and must maintain it securely with the agency's office. The authorized law enforcement
agency can indicate whether the applicant for employment or applicant for licensure has a
criminal history that would prevent hire, acceptance as a volunteer to a hiring authority, or
would prevent the issuance of a license to the department that issues the license.
new text end

Sec. 26.

Minnesota Statutes 2012, section 299F.035, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) The definitions in this subdivision apply to this
section.

(b) "new text beginMinnesota new text endcriminal history deleted text begindatadeleted text end" deleted text beginhas the meaning given in section 13.87deleted text endnew text begin means
adult convictions and juvenile adjudications
new text end.

(c) deleted text begin"Criminal justice agency" has the meaning given in section 299C.46, subdivision
2
.
deleted text end

deleted text begin (d)deleted text end "Fire department" has the meaning given in section 299N.01, subdivision 2.

deleted text begin (e)deleted text endnew text begin (d)new text end "Private data" has the meaning given in section 13.02, subdivision 12.

Sec. 27.

Minnesota Statutes 2012, section 299F.035, subdivision 2, is amended to read:


Subd. 2.

Plan for access to data.

(a) deleted text beginThe superintendent of the Bureau of Criminal
Apprehension, in consultation with the state fire marshal, shall develop and implement
a plan for fire departments to have access to criminal history data
deleted text endnew text begin A background check
must be conducted on all applicants for employment and may be conducted on current
employees at a fire department. The fire chief must conduct a Minnesota criminal history
record check. For applicants for employment who have lived in Minnesota for less than
five years, or on the request of the fire chief, a national criminal history record check
must also be conducted
new text end.

deleted text begin (b) The plan must include:
deleted text end

deleted text begin (1) security procedures to prevent unauthorized use or disclosure of private data; and
deleted text end

deleted text begin (2) a procedure for the hiring or employing authority in each fire department to
fingerprint job applicants or employees, submit requests to the Bureau of Criminal
Apprehension, and obtain state and federal criminal history data reports for a nominal fee.
deleted text end

new text begin (b) For a Minnesota criminal history record check, the fire chief must either (i)
submit the signed informed consent of the applicant or employee and the required fee
to the superintendent, or (ii) submit the signed informed consent to the chief of police.
The superintendent or chief of police must retrieve Minnesota criminal history data and
provide it to the fire chief for review.
new text end

new text begin (c) For a national criminal history record check, the fire chief must submit the
signed informed consent and fingerprints of the applicant or employee, and the required
fee to the superintendent. The superintendent may exchange the fingerprints with the
Federal Bureau of Investigation to obtain the individual's national criminal history record
information. The superintendent must return the results of the national criminal history
record check to the fire chief for the purpose of determining if the applicant is qualified to
be employed or if a current employee is able to retain the employee's position.
new text end

Sec. 28.

Minnesota Statutes 2012, section 299F.77, is amended to read:


299F.77 ISSUANCE TO CERTAIN PERSONS PROHIBITED.

new text begin Subdivision 1. new text end

new text begin Disqualifiers. new text end

The following persons shall not be entitled to receive
an explosives license or permit:

(1) a person under the age of 18 years;

(2) a person who has been convicted in this state or elsewhere of a crime of violence,
as defined in section 299F.72, subdivision 1b, unless ten years have elapsed since the
person's civil rights have been restored or the sentence has expired, whichever occurs first,
and during that time the person has not been convicted of any other crime of violence. For
purposes of this section, crime of violence includes crimes in other states or jurisdictions
that would have been crimes of violence if they had been committed in this state;

(3) a person who is or has ever been confined or committed in Minnesota or
elsewhere as a person who is mentally ill, developmentally disabled, or mentally ill and
dangerous to the public, as defined in section 253B.02, to a treatment facility, unless the
person possesses a certificate of a medical doctor or psychiatrist licensed in Minnesota, or
other satisfactory proof, that the person is no longer suffering from this disability;

(4) a person who has been convicted in Minnesota or elsewhere for the unlawful
use, possession, or sale of a controlled substance other than conviction for possession of
a small amount of marijuana, as defined in section 152.01, subdivision 16, or who is or
has ever been hospitalized or committed for treatment for the habitual use of a controlled
substance or marijuana, as defined in sections 152.01 and 152.02, unless the person
possesses a certificate of a medical doctor or psychiatrist licensed in Minnesota, or other
satisfactory proof, that the person has not abused a controlled substance or marijuana
during the previous two years; and

(5) a person who has been confined or committed to a treatment facility in Minnesota
or elsewhere as chemically dependent, as defined in section 253B.02, unless the person
has completed treatment.

new text begin Subd. 2. new text end

new text begin Background check. new text end

new text begin (a) For licenses issued by the commissioner under
section 299F.73, the applicant for licensure must provide the commissioner with all of
the information required by Code of Federal Regulations, title 28, section 25.7. The
commissioner shall forward the information to the superintendent of the Bureau of
Criminal Apprehension so that criminal records, histories and warrant information on the
applicant can be retrieved from the Minnesota Crime Information System and the National
Instant Criminal Background Check System as well as the civil commitment records
maintained by the Department of Human Services. The results must be returned to the
commissioner to determine if the individual applicant is qualified to receive a license.
new text end

new text begin (b) For permits issued by a county sheriff or chief of police under section 299F.75,
the applicant for a permit must provide the county sheriff or chief of police with all of
the information required by Code of Federal Regulations, title 28, section 25.7. The
county sheriff or chief of police must check, by means of electronic data transfer, criminal
records, histories and warrant information on each applicant through the Minnesota Crime
Information System and the National Instant Criminal Background Check System as well
as the civil commitment records maintained by the Department of Human Services. The
county sheriff or chief of police shall use the results of the query to determine if the
individual applicant is qualified to receive a permit.
new text end

Sec. 29.

Minnesota Statutes 2012, section 340A.301, subdivision 2, is amended to read:


Subd. 2.

Persons eligible.

new text begin(a) new text endLicenses under this section may be issued only to
a person who:

(1) is of good moral character and repute;

(2) is 21 years of age or older;

(3) has not had a license issued under this chapter revoked within five years of the
date of license application, or to any person who at the time of the violation owns any
interest, whether as a holder of more than five percent of the capital stock of a corporation
licensee, as a partner or otherwise, in the premises or in the business conducted thereon,
or to a corporation, partnership, association, enterprise, business, or firm in which any
such person is in any manner interested; and

(4) has not been convicted within five years of the date of license application of a
felony, or of a willful violation of a federal or state law, or local ordinance governing
the manufacture, sale, distribution, or possession for sale or distribution of alcoholic
beverages. The Alcohol and Gambling Enforcement Division may require that fingerprints
be taken and may forward the fingerprints to the Federal Bureau of Investigation for
purposes of a criminal history check.

new text begin (b) In order to determine if an individual has a felony or willful violation of federal
or state law governing the manufacture, sale, distribution, or possession for sale or
distribution of an alcoholic beverage, the applicant for a license to manufacture or sell
at wholesale must provide the commissioner with their signed, written informed consent
to conduct a background check. The commissioner may query the Minnesota criminal
history repository for records on the applicant. If the commissioner conducts a national
criminal history record check, the commissioner must obtain fingerprints from the
applicant and forward them and the required fee to the superintendent of the Bureau
of Criminal Apprehension. The superintendent may exchange the fingerprints with the
Federal Bureau of Investigation for purposes of obtaining the applicant's national criminal
history record information. The superintendent shall return the results of the national
criminal history records check to the commissioner for the purpose of determining if the
applicant is qualified to receive a license.
new text end

Sec. 30.

Minnesota Statutes 2012, section 340A.402, is amended to read:


340A.402 PERSONS ELIGIBLE.

new text begin Subdivision 1. new text end

new text begin Disqualifiers. new text end

No retail license may be issued to:

(1) a person under 21 years of age;

(2) a person who has had an intoxicating liquor or 3.2 percent malt liquor license
revoked within five years of the license application, or to any person who at the time of
the violation owns any interest, whether as a holder of more than five percent of the capital
stock of a corporation licensee, as a partner or otherwise, in the premises or in the business
conducted thereon, or to a corporation, partnership, association, enterprise, business, or
firm in which any such person is in any manner interested;

(3) a person not of good moral character and repute; or

(4) a person who has a direct or indirect interest in a manufacturer, brewer, or
wholesaler.

In addition, no new retail license may be issued to, and the governing body of a
municipality may refuse to renew the license of, a person who, within five years of the
license application, has been convicted of a felony or a willful violation of a federal or
state law or local ordinance governing the manufacture, sale, distribution, or possession
for sale or distribution of an alcoholic beverage. The Alcohol and Gambling Enforcement
Division or licensing authority may require that fingerprints be taken and forwarded to the
Federal Bureau of Investigation for purposes of a criminal history check.

new text begin Subd. 2. new text end

new text begin Background check. new text end

new text begin (a) A retail liquor license may be issued by a city,
a county, or the commissioner. The chief of police is responsible for the background
checks prior to a city issuing a retail liquor license. A county sheriff is responsible for the
background checks prior to the county issuing a retail liquor license and for those cities
that do not have a police department. The commissioner is responsible for the background
checks prior to the state issuing a retail liquor license.
new text end

new text begin (b) The applicant for a retail license must provide the appropriate authority with
their signed, written informed consent to conduct a background check. The appropriate
authority is authorized to query the Minnesota criminal history repository for records
on the applicant. If the appropriate authority conducts a national criminal history
record check, the appropriate authority must obtain fingerprints from the applicant and
forward them and the required fee to the superintendent of the Bureau of Criminal
Apprehension. The superintendent may exchange the fingerprints with the Federal Bureau
of Investigation for purposes of obtaining the applicant's national criminal history record
information. The superintendent shall return the results of the national criminal history
records check to the appropriate authority for the purpose of determining if the applicant
is qualified to receive a license.
new text end

Sec. 31.

Minnesota Statutes 2012, section 626.556, subdivision 7, is amended to read:


Subd. 7.

Reportnew text begin; information provided to parentnew text end.

(a) An oral report shall be made
immediately by telephone or otherwise. An oral report made by a person required under
subdivision 3 to report shall be followed within 72 hours, exclusive of weekends and
holidays, by a report in writing to the appropriate police department, the county sheriff, the
agency responsible for assessing or investigating the report, or the local welfare agency,
unless the appropriate agency has informed the reporter that the oral information does
not constitute a report under subdivision 10. The local welfare agency shall determine
if the report is accepted for an assessment or investigation as soon as possible but in no
event longer than 24 hours after the report is received. Any report shall be of sufficient
content to identify the child, any person believed to be responsible for the abuse or neglect
of the child if the person is known, the nature and extent of the abuse or neglect and the
name and address of the reporter. If requested, the local welfare agency or the agency
responsible for assessing or investigating the report shall inform the reporter within ten
days after the report is made, either orally or in writing, whether the report was accepted
for assessment or investigation. Written reports received by a police department or the
county sheriff shall be forwarded immediately to the local welfare agency or the agency
responsible for assessing or investigating the report. The police department or the county
sheriff may keep copies of reports received by them. Copies of written reports received by
a local welfare department or the agency responsible for assessing or investigating the
report shall be forwarded immediately to the local police department or the county sheriff.

(b) Notwithstanding paragraph (a), the commissioner of education must inform the
parent, guardian, or legal custodian of the child who is the subject of a report of alleged
maltreatment in a school facility within ten days of receiving the report, either orally or
in writing, whether the commissioner is assessing or investigating the report of alleged
maltreatment.

(c) new text beginRegardless of whether a report is made under this subdivision, as soon as
practicable after a school receives information regarding an incident that may constitute
maltreatment of a child in a school facility, the school shall inform the parent, legal
guardian, or custodian of the child that an incident has occurred that may constitute
maltreatment of the child, when the incident occurred, and the nature of the conduct
that may constitute maltreatment.
new text end

new text begin (d) new text endA written copy of a report maintained by personnel of agencies, other than
welfare or law enforcement agencies, which are subject to chapter 13 shall be confidential.
An individual subject of the report may obtain access to the original report as provided
by subdivision 11.

Sec. 32. new text beginNEWBORN SCREENING TEST RESULTS POSTPONEMENT.
new text end

new text begin Notwithstanding Minnesota Statutes, section 144.125, subdivision 6, and section
13.386, and Laws 2012, chapter 292, article 4, section 22, the test results collected on or
after November 16, 2011, shall not be destroyed subject to the schedule under Minnesota
Statutes, section 144.125, prior to June 1, 2014. A parent or legal guardian may provide a
signed and dated form requesting destruction of the test results. The commissioner shall
comply with the request within one month of receipt of the request or within one month of
the standard retention period for test results, whichever is later.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013.
new text end

Sec. 33. new text beginNEWBORN SCREENING PROGRAM STUDY.
new text end

new text begin (a) The commissioner of health, in consultation with the medical research and
advocacy groups identified in paragraph (b), shall review the newborn screening programs
in Minnesota Statutes, section 144.125, and evaluate the scientific and medical validity of
a comprehensive and sustainable long-term storage and use plan for the test results under
Minnesota Statutes, section 144.125. The commissioner shall consider the following:
new text end

new text begin (1) peer-reviewed medical research into the diagnosis and treatment of heritable
and congenital disease;
new text end

new text begin (2) strategies for education of parents and families about the utility of advancing
new knowledge through research on blood spots and test data made possible by long-term
storage and use;
new text end

new text begin (3) plans and protocols for clinical and research access to test result data;
new text end

new text begin (4) minimizing the administrative burden on hospitals and health care providers in
the operation of the newborn screening program;
new text end

new text begin (5) the adequacy of current law on the standard retention period for test results under
Minnesota Statutes, section 144.125, subdivision 6; and
new text end

new text begin (6) privacy concerns associated with parental consent options and long-term storage
and use of blood samples and test data.
new text end

new text begin (b) As part of the evaluation, the commissioner shall consult with medical research
and data privacy experts, including, but not limited to, specialists in metabolic care,
immunology, pediatrics, epidemiology, nutrition, pulmonology, cardiology, endocrinology,
hematology, hearing care, and medical genetics, as well as patient advocacy and data
privacy groups.
new text end

new text begin (c) By February 1, 2014, the commissioner shall submit a report to the chairs and
ranking minority members of the senate and house of representatives committees and
divisions with primary jurisdiction on health and human services and data privacy on
comprehensive and sustainable long-term storage and usage of the test results.
new text end

new text begin (d) The commissioner shall conduct the evaluation required under this section within
existing appropriations.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013.
new text end

Sec. 34. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 299A.28, new text end new text begin is repealed.
new text end