SF 863

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:16am

A bill for an act
relating to data practices; classifying government data; modifying provisions
governing temporary classifications and personnel data; extending the effective
date of law governing business screening services; amending Minnesota Statutes
2008, sections 13.05, subdivision 4, by adding a subdivision; 13.06, subdivisions
1, 3, 4, 5, 7, by adding subdivisions; 13.43, subdivisions 1, 2, by adding
subdivisions; 13.64; 13.643, by adding a subdivision; 13.7931, by adding a
subdivision; 13.87, by adding a subdivision; 13.871, by adding a subdivision;
13D.05, subdivision 3; 16B.97, by adding a subdivision; 125A.21, subdivision
5; 270B.14, subdivision 16; 299C.156, subdivision 5; Laws 2008, chapter 315,
section 19; proposing coding for new law in Minnesota Statutes, chapters 13;
84; repealing Minnesota Statutes 2008, section 13.06, subdivision 2; Minnesota
Rules, part 1205.1800.

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

ARTICLE 1

GENERAL

Section 1.

Minnesota Statutes 2008, section 13.05, subdivision 4, is amended to read:

Subd. 4.

Limitations on collection and use of data.

Private or confidential data on
an individual shall not be collected, stored, used, or disseminated by government entities
for any purposes other than those stated to the individual at the time of collection in
accordance with section 13.04, except as provided in this subdivision.

(a) Data collected prior to August 1, 1975, and which have not been treated as public
data, may be used, stored, and disseminated for the purposes for which the data was
originally collected or for purposes which are specifically approved by the commissioner
as necessary to public health, safety, or welfare.

(b) Private or confidential data may be used and disseminated to individuals or
entities specifically authorized access to that data by state, local, or federal law enacted or
promulgated after the collection of the data.

(c) Private or confidential data may be used and disseminated to individuals or
entities subsequent to the collection of the data when the responsible authority maintaining
the data has requested approval for a new or different use or dissemination of the data
and that request has been specifically approved by the commissioner as necessary to carry
out a function assigned by law.

(d) Private data may be used by and disseminated to any person or entity if the
individual subject or subjects of the data have given their informed consent. Whether a
data subject has given informed consent shall be determined by rules of the commissioner.
deleted text begin The format for informed consent is as follows, unless otherwise prescribed by the HIPAA,
Standards for Privacy of Individually Identifiable Health Information, 65 Fed. Reg. 82,
461 (2000) (to be codified as Code of Federal Regulations, title 45, section 164): informed
consent shall not be deemed to have been given by an individual subject of the data by the
signing of any statement authorizing any person or entity to disclose information about the
individual to an insurer or its authorized representative, unless the statement is:
deleted text end

deleted text begin (1) in plain language;
deleted text end

deleted text begin (2) dated;
deleted text end

deleted text begin (3) specific in designating the particular persons or agencies the data subject is
authorizing to disclose information about the data subject;
deleted text end

deleted text begin (4) specific as to the nature of the information the subject is authorizing to be
disclosed;
deleted text end

deleted text begin (5) specific as to the persons or entities to whom the subject is authorizing
information to be disclosed;
deleted text end

deleted text begin (6) specific as to the purpose or purposes for which the information may be used
by any of the parties named in clause (5), both at the time of the disclosure and at any
time in the future;
deleted text end

deleted text begin (7) specific as to its expiration date which should be within a reasonable period of
time, not to exceed one year except in the case of authorizations given in connection
with applications for (i) life insurance or noncancelable or guaranteed renewable health
insurance and identified as such, two years after the date of the policy or (ii) medical
assistance under chapter 256B or MinnesotaCare under chapter 256L, which shall be
ongoing during all terms of eligibility, for individual education plan health-related services
provided by a school district under section 125A.21, subdivision 2.
deleted text end

The responsible authority may require a person requesting copies of data under this
paragraph to pay the actual costs of making deleted text begin , deleted text end new text begin and new text end certifying deleted text begin , and compiling deleted text end the copies.

(e) Private or confidential data on an individual may be discussed at a meeting open
to the public to the extent provided in section 13D.05.

Sec. 2.

Minnesota Statutes 2008, section 13.05, is amended by adding a subdivision to
read:

new text begin Subd. 4a. new text end

new text begin Informed consent for insurance purposes. new text end

new text begin Informed consent for
insurance purposes must comply with this subdivision, unless otherwise prescribed by
the HIPAA Standards for Privacy of Individually Identifiable Health Information, Code
of Federal Regulations, title 45, section 164. Informed consent for insurance purposes
is not considered to have been given by an individual subject of data by the signing of a
statement authorizing a government entity to disclose information about the individual to
an insurer or its authorized representative, unless the statement is:
new text end

new text begin (1) in plain language;
new text end

new text begin (2) dated;
new text end

new text begin (3) specific in designating the government entity the data subject is authorizing to
disclose information about the data subject;
new text end

new text begin (4) specific as to the nature of the information the subject is authorizing to be
disclosed;
new text end

new text begin (5) specific as to the persons to whom the subject is authorizing information to
be disclosed;
new text end

new text begin (6) specific as to the purpose or purposes for which the information may be used
by any of the persons named in clause (5), both at the time of the disclosure and at any
time in the future; and
new text end

new text begin (7) specific as to its expiration date, which must be within a reasonable period of
time, not to exceed one year.
new text end

new text begin Notwithstanding clause (7), in the case of authorizations given in connection with
applications for life insurance or noncancelable or guaranteed renewable health insurance
that is so identified, the expiration date must not exceed two years after the date of the
policy. An authorization in connection with medical assistance under chapter 256B or
MinnesotaCare under chapter 256L or for individual education plan health-related services
provided by a school district under section 125A.21, subdivision 2, is valid during all
terms of eligibility.
new text end

Sec. 3.

new text begin [13.394] INSURANCE CARRIERS.
new text end

new text begin A government entity may provide data that are not public data to the insurance
carrier representing the government entity, its officers, employees, or agents in the
investigation, prosecution, or defense of any proceeding or matter in which the government
entity, an officer, employee, or agent is or has been given written notice that it is likely to
become a party. For purposes of this subdivision, "insurance carrier" includes a liability
insurance carrier providing coverage to the government entity, its officers, employees, or
agents, or an insurance trust or risk management pool of which the government entity is
a member. Data that may be released under this subdivision are limited to data that are
necessary for the insurance carrier to assist in the investigation, prosecution, or defense of
the proceeding or matter. The government entity must notify the subject of the data of any
data that are released under this section. If data are provided to an insurance carrier that
is not a government entity, the person must maintain the data according to the statutory
classification applicable to the data.
new text end

Sec. 4.

Minnesota Statutes 2008, section 13D.05, subdivision 3, is amended to read:

Subd. 3.

What meetings may be closed.

(a) A public body may close a meeting
to evaluate the performance of an individual who is subject to its authority. The public
body shall identify the individual to be evaluated prior to closing a meeting. At its next
open meeting, the public body shall summarize its conclusions regarding the evaluation.
A meeting must be open at the request of the individual who is the subject of the meeting.

(b) Meetings may be closed if the closure is expressly authorized by statute or
permitted by the attorney-client privilege.

(c) A public body may close a meeting:

(1) to determine the asking price for real or personal property to be sold by the
government entity;

(2) to review confidential or new text begin protected new text end nonpublic appraisal data under section 13.44,
subdivision 3; and

(3) to develop or consider offers or counteroffers for the purchase or sale of real or
personal property.

Before holding a closed meeting under this paragraph, the public body must identify
on the record the particular real or personal property that is the subject of the closed
meeting. The proceedings of a meeting closed under this paragraph must be tape recorded
at the expense of the public body. The recording must be preserved for eight years after
the date of the meeting and made available to the public after all real or personal property
discussed at the meeting has been purchased or sold or the governing body has abandoned
the purchase or sale. The real or personal property that is the subject of the closed meeting
must be specifically identified on the tape. A list of members and all other persons present
at the closed meeting must be made available to the public after the closed meeting. If an
action is brought claiming that public business other than discussions allowed under this
paragraph was transacted at a closed meeting held under this paragraph during the time
when the tape is not available to the public, section 13D.03, subdivision 3, applies.

An agreement reached that is based on an offer considered at a closed meeting is
contingent on approval of the public body at an open meeting. The actual purchase or
sale must be approved at an open meeting after the notice period required by statute or the
governing body's internal procedures, and the purchase price or sale price is public data.

(d) Meetings may be closed to receive security briefings and reports, to discuss issues
related to security systems, to discuss emergency response procedures and to discuss
security deficiencies in or recommendations regarding public services, infrastructure and
facilities, if disclosure of the information discussed would pose a danger to public safety or
compromise security procedures or responses. Financial issues related to security matters
must be discussed and all related financial decisions must be made at an open meeting.
Before closing a meeting under this paragraph, the public body, in describing the subject to
be discussed, must refer to the facilities, systems, procedures, services, or infrastructures
to be considered during the closed meeting. A closed meeting must be tape recorded at the
expense of the governing body, and the recording must be preserved for at least four years.

Sec. 5.

Minnesota Statutes 2008, section 125A.21, subdivision 5, is amended to read:

Subd. 5.

Informed consent.

When obtaining informed consent, consistent with
sections 13.05, subdivision deleted text begin 4 deleted text end deleted text begin , paragraph (d) deleted text end new text begin 4a new text end ; and 256B.77, subdivision 2, paragraph
(p), to bill health plans for covered services, the school district must notify the legal
representative (1) that the cost of the person's private health insurance premium
may increase due to providing the covered service in the school setting, (2) that the
school district may pay certain enrollee health plan costs, including but not limited to,
co-payments, coinsurance, deductibles, premium increases or other enrollee cost-sharing
amounts for health and related services required by an individual service plan, or individual
family service plan, and (3) that the school's billing for each type of covered service may
affect service limits and prior authorization thresholds. The informed consent may be
revoked in writing at any time by the person authorizing the billing of the health plan.

ARTICLE 2

TEMPORARY CLASSIFICATIONS

Section 1.

Minnesota Statutes 2008, section 13.06, subdivision 1, is amended to read:

Subdivision 1.

Application to commissioner.

(a) Notwithstanding the provisions
of section 13.03, the responsible authority of a government entity may apply to the
commissioner for permission to classify data or types of data on individuals as private
or confidential, or data not on individuals as nonpublic or protected nonpublic, for its
own use and for the use of other similar government entities on a temporary basis until
a proposed statute can be acted upon by the legislature. The application for temporary
classification is public.

(b) Upon deleted text begin the filing deleted text end new text begin receipt by the commissioner new text end of an application for temporary
classification, the data which is the subject of the application shall be deemed to be
classified as set forth in the application for a period of 45 days, or until the application is
disapproved, rejected, or granted by the commissioner, whichever is earlier.

(c) If the commissioner determines that an application has been submitted for
purposes not consistent with this section, the commissioner may immediately reject the
application, give notice of that rejection to the applicant, and return the application. When
the applicant receives the notice of rejection from the commissioner, the data which was
the subject of the application shall have the classification it had before the application was
submitted to the commissioner.

Sec. 2.

Minnesota Statutes 2008, section 13.06, subdivision 3, is amended to read:

Subd. 3.

Contents of application deleted text begin for nonpublic or nonpublic protected data deleted text end .

An application for temporary classification of government data deleted text begin not on individuals deleted text end shall
include and the applicant shall have the burden of clearly establishing that no statute
currently exists which either allows or forbids classification as deleted text begin nonpublic or protected
nonpublic deleted text end new text begin not public new text end ; and deleted text begin either deleted text end new text begin one or more of the following:
new text end

(1) that data similar to that for which the temporary classification is sought deleted text begin has deleted text end new text begin have new text end
been deleted text begin treated deleted text end new text begin classified new text end as deleted text begin nonpublic or protected nonpublic deleted text end new text begin not public new text end by other government
entities deleted text begin , and by the public deleted text end ; or

(2) public access to the data would render unworkable a program authorized by
law deleted text begin ; or deleted text end new text begin .
new text end

deleted text begin (3) deleted text end new text begin The applicant must also clearly establish new text end that a compelling need exists for
immediate temporary classification, which if not granted could adversely affect the health,
safety or welfare of the public new text begin , or data subject's well-being or reputation new text end .

Sec. 3.

Minnesota Statutes 2008, section 13.06, subdivision 4, is amended to read:

Subd. 4.

Procedure when classification affects others.

If the commissioner
determines that an application for temporary classification involves data which would
reasonably be classified in the same manner by all government entities similar to the
one which made the application, the commissioner may approve or disapprove the
classification for data of the kind which is the subject of the application for the use
of all government entities similar to the applicant. new text begin If requested in the application, the
commissioner may also determine that the data classification affects similar government
entities. new text end On deeming this approach advisable, the commissioner shall provide notice of
the proposed action by publication in the State Register within deleted text begin ten deleted text end new text begin 15 new text end days of receiving the
application. Within 30 days after publication in the State Register an affected government
entity or the public may submit comments on the deleted text begin commissioner's proposal deleted text end new text begin application new text end .
The commissioner shall consider any comments received when granting or denying a
classification for data of the kind which is the subject of the application, for the use of all
government entities similar to the applicant. Within 45 days after the close of the period
for submitting comment, the commissioner shall grant or disapprove the application.
Applications processed under this subdivision shall be either approved or disapproved
by the commissioner within 90 days of the receipt of the application. For purposes of
subdivision 1, the data which is the subject of the classification shall be deemed to be
classified as set forth in the application for a period of 90 days, or until the application
is disapproved or granted by the commissioner, whichever is earlier. deleted text begin If requested in the
application, or determined to be necessary by the commissioner, the data in the application
shall be so classified for all government entities similar to the applicant until the application
is disapproved or granted by the commissioner, whichever is earlier. deleted text end Proceedings after the
grant or disapproval shall be governed by the provisions of subdivision 5.

Sec. 4.

Minnesota Statutes 2008, section 13.06, is amended by adding a subdivision to
read:

new text begin Subd. 4a. new text end

new text begin Withdrawal of application. new text end

new text begin Except when an application is processed
under subdivision 4, an application may be withdrawn by the responsible authority prior to
the commissioner granting or disapproving the temporary classification. The responsible
authority shall notify the commissioner in writing of the entity's intent to withdraw the
application. The written withdrawal must state the reason the temporary classification is
no longer necessary and must be signed by the responsible authority.
new text end

Sec. 5.

Minnesota Statutes 2008, section 13.06, subdivision 5, is amended to read:

Subd. 5.

Determination.

(a) The commissioner shall either grant or disapprove
the application for temporary classification within 45 days after it is deleted text begin filed deleted text end new text begin received by
the commissioner new text end . On disapproving an application, the commissioner shall set forth
in detail reasons for the disapproval, and shall include a statement of belief as to what
classification is appropriate for the data which is the subject of the application. Twenty
days after the date deleted text begin of deleted text end new text begin the responsible authority receives new text end the commissioner's disapproval
of an application, the data which is the subject of the application shall become public
data, unless the responsible authority submits an amended application for temporary
classification which requests the classification deemed appropriate by the commissioner
in the statement of disapproval or which sets forth additional information relating to the
original proposed classification. Upon the filing of an amended application, the data
which is the subject of the amended application shall be deemed to be classified as set
forth in the amended application for a period of 20 days or until the amended application
is granted or disapproved by the commissioner, whichever is earlier. The commissioner
shall either grant or disapprove the amended application within 20 days after it is filed.
Five working days after the date deleted text begin of deleted text end new text begin the responsible authority receives new text end the commissioner's
disapproval of the amended application, the data which is the subject of the application
shall become public data. No more than one amended application may be submitted for
any single file or system.

(b) If the commissioner grants an application for temporary classification new text begin under this
section new text end , it shall become effective immediately, and the complete record relating to the
application shall be submitted to the attorney general, who shall review the classification
as to form and legality. Within 25 days new text begin after receipt of the record new text end , the attorney general
shall approve the classification, disapprove a classification as confidential new text begin or protected
nonpublic new text end but approve a classification as private new text begin or nonpublic new text end , or disapprove the
classification. If the attorney general disapproves a classification, the data which is the
subject of the classification shall become public data five working days after the date of
the attorney general's disapproval.

Sec. 6.

Minnesota Statutes 2008, section 13.06, is amended by adding a subdivision to
read:

new text begin Subd. 6a. new text end

new text begin Data use and dissemination. new text end

new text begin During the period of the temporary
classification, a responsible authority may request approval from the commissioner for a
new or different use or dissemination of the data as provided in section 13.05, subdivision
4, for any data temporarily classified under this section.
new text end

Sec. 7.

Minnesota Statutes 2008, section 13.06, subdivision 7, is amended to read:

Subd. 7.

Legislative consideration of temporary classifications; expiration.

On or before January 15 of each year, the commissioner shall submit all temporary
classifications in effect on January 1 in bill form to the legislature. The temporary
classification expires deleted text begin June deleted text end new text begin August new text end 1 of the year following its submission to the legislature.

ARTICLE 3

PERSONNEL DATA

Section 1.

Minnesota Statutes 2008, section 13.43, subdivision 1, is amended to read:

Subdivision 1.

Definition.

As used in this section, "personnel data" means
new text begin government new text end data on individuals deleted text begin collected deleted text end new text begin maintained new text end because the individual is or was
an employee of or an applicant for employment by, performs services on a voluntary
basis for, or acts as an independent contractor with a government entity. Personnel data
includes data submitted by an employee to a government entity as part of an organized
self-evaluation effort by the government entity to request suggestions from all employees
on ways to cut costs, make government more efficient, or improve the operation of
government. An employee who is identified in a suggestion shall have access to all data in
the suggestion except the identity of the employee making the suggestion.

Sec. 2.

Minnesota Statutes 2008, 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; new text begin terms and conditions of employment
relationship; new text end contract fees; actual gross pension; the value and nature of employer
paid fringe benefits; and the basis for and the amount of any new text begin employer-paid new text end added
remuneration, including expense reimbursement, in addition to salary;

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

(3) date of first and last employment;

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

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

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

(7) work location; a work telephone number; new text begin employer-provided e-mail address;
new text end badge number; new text begin work-related continuing education; new text end 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. In the case of arbitration proceedings arising
under collective bargaining agreements, a final disposition occurs at the conclusion of the
arbitration proceedings, or upon the failure of the employee to elect arbitration within
the time provided by the collective bargaining agreement. Final disposition includes a
resignation by an individual when the resignation occurs after the final decision of the
government entity, or arbitrator. new text begin A disciplinary action does not become public data if an
arbitrator sustains a grievance and reverses all aspects of any disciplinary action.
new text end

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

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

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

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

Sec. 3.

Minnesota Statutes 2008, section 13.43, is amended by adding a subdivision to
read:

new text begin Subd. 17. new text end

new text begin Continuity of operations. new text end

new text begin Personal home contact information may
be used to ensure that an employee can be reached in the event of an emergency or
other disruption affecting continuity of operation of a government entity. An employee's
personal home contact information may be shared with another government entity in the
event of an emergency or other disruption to ensure continuity of operation of either
government entity.
new text end

Sec. 4.

Minnesota Statutes 2008, section 13.43, is amended by adding a subdivision to
read:

new text begin Subd. 18. new text end

new text begin Private personnel data. new text end

new text begin Private personnel data of state employees must
be disclosed to the Department of Administration for the purpose of administration of the
workers' compensation program as provided in chapter 176.
new text end

Sec. 5.

Minnesota Statutes 2008, section 13.64, is amended to read:

13.64 DEPARTMENT OF ADMINISTRATION DATA.

(a) Notes and preliminary drafts of reports created, collected, or maintained by the
Management Analysis Division, Department of Administration, and prepared during
management studies, audits, reviews, consultations, or investigations are classified as
confidential or protected nonpublic data until the final report has been published or
preparation of the report is no longer being actively pursued.

(b) Data that support the conclusions of the report and that the commissioner of
administration reasonably believes will result in litigation are confidential or protected
nonpublic until the litigation has been completed or until the litigation is no longer
being actively pursued.

(c) Data on individuals that could reasonably be used to determine the identity of an
individual supplying data for a report are private if:

(1) the data supplied by the individual were needed for a report; and

(2) the data would not have been provided to the Management Analysis Division
without an assurance to the individual that the individual's identity would remain private,
or the Management Analysis Division reasonably believes that the individual would not
have provided the data.

new text begin (d) Security features of building plans, building specifications, and building
drawings of state-owned facilities and nonstate-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 end

Sec. 6.

Minnesota Statutes 2008, section 16B.97, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Data classification. new text end

new text begin Data maintained by the commissioner that identify
a person providing comments to the commissioner under subdivision 4, paragraph (a),
clauses (6) and (7), are private and nonpublic data but may be shared with the executive
agency that is the subject of the comments.
new text end

Sec. 7. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2008, section 13.06, subdivision 2, new text end new text begin is repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, part 1205.1800, new text end new text begin is repealed.
new text end

ARTICLE 4

MISCELLANEOUS PROVISIONS

Section 1.

Minnesota Statutes 2008, section 13.643, is amended by adding a
subdivision to read:

new text begin Subd. 7. new text end

new text begin Research, monitoring, or assessment data. new text end

new text begin (a) Except as provided in
paragraph (b), the following data created, collected, and maintained by the Department of
Agriculture during research, monitoring, or the assessment of farm practices and related
to natural resources, the environment, agricultural facilities, or agricultural practices are
classified as private or nonpublic:
new text end

new text begin (1) names, addresses, telephone numbers, and e-mail addresses of study participants
or cooperators; and
new text end

new text begin (2) location of research, study site, and global positioning system data.
new text end

new text begin (b) The following data are public:
new text end

new text begin (1) location data and unique well numbers for wells and springs unless protected
under section 18B.10 or another statute or rule; and
new text end

new text begin (2) data from samples collected from a public water supply as defined in Minnesota
Rules, part 4720.5100.
new text end

new text begin (c) The Department of Agriculture may disclose data collected under paragraph (a) if
the commissioner determines that there is a substantive threat to human health and safety
or to the environment, or to aid in the law enforcement process.
new text end

Sec. 2.

Minnesota Statutes 2008, section 13.7931, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Electronic licensing system data. new text end

new text begin Data on individuals created, collected,
stored, or maintained by the department for the purposes of obtaining a noncommercial
game and fish license, cross-country ski pass, horse trail pass, or snowmobile trail sticker;
registering a recreational motor vehicle; or any other electronic licensing transaction are
classified under section 84.0874.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2010.
new text end

Sec. 3.

Minnesota Statutes 2008, section 13.87, is amended by adding a subdivision to
read:

new text begin Subd. 5. new text end

new text begin Parole and probation authority access to records. new text end

new text begin Parole and county
probation authorities may access data identified in subdivision 2 on an applicant or permit
holder who is also a defendant, parolee, or probationer of a district court.
new text end

Sec. 4.

Minnesota Statutes 2008, section 13.871, is amended by adding a subdivision
to read:

new text begin Subd. 12. new text end

new text begin Forensic Laboratory Advisory Board. new text end

new text begin Reports and complaints of the
Forensic Laboratory Advisory Board are classified under section 299C.156, subdivision 5.
new text end

Sec. 5.

new text begin [84.0874] ELECTRONIC LICENSING SYSTEM DATA.
new text end

new text begin The following data created, collected, stored, or maintained by the department for
purposes of obtaining a noncommercial game and fish license, cross-country ski pass,
horse trail pass, or snowmobile trail sticker; registering a recreational motor vehicle; or
any other electronic licensing transaction are private data on individuals as defined in
section 13.02, subdivision 12: name, addresses, driver's license number, and date of
birth. The data may be disclosed for law enforcement purposes. The data, other than the
driver's license number, may be disclosed to a government entity and for natural resources
management purposes, including recruitment, retention, and training certification and
verification.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2010.
new text end

Sec. 6.

Minnesota Statutes 2008, section 270B.14, subdivision 16, is amended to read:

Subd. 16.

Disclosure to law enforcement authorities.

Under circumstances
involving threat of death or physical injury to any individual, new text begin or harassment of a
Department of Revenue employee, new text end the commissioner may disclose return information
to the extent necessary to apprise appropriate federal, state, or local law enforcement
authorities of such circumstances. new text begin For purposes of this subdivision, "harassment" is
purposeful conduct directed at an individual and causing an individual to feel frightened,
threatened, oppressed, persecuted, or intimidated. For purposes of harassment, the return
information that initially can be disclosed is limited to the name, address, and phone
number of the harassing individual, the name of the employee being harassed, and the
nature and circumstances of the harassment. new text end Data disclosed under this subdivision are
classified under section 13.82 once they are received by the law enforcement authority.

new text begin EFFECTIVE DATE. new text end

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

Sec. 7.

Minnesota Statutes 2008, section 299C.156, subdivision 5, is amended to read:

Subd. 5.

deleted text begin Reviews and reports are public deleted text end new text begin Data practices; use of reports new text end .

deleted text begin The
board shall make all deleted text end new text begin (a) new text end Investigation reports completed under subdivision 3, paragraph
(a), clause (1), deleted text begin available to the public deleted text end new text begin are private data on individuals or nonpublic data as
defined in section 13.02, unless the board finds there was negligence or misconduct. A
report or complaint received under this section is private data on individuals or nonpublic
data. This paragraph does not affect the classification of data on employees under section
13.43 new text end .

new text begin (b) new text end A report completed under subdivision 3, paragraph (a), clause (1), in a
subsequent civil or criminal proceeding is not prima facie evidence of the information or
findings contained in the report.

Sec. 8.

Laws 2008, chapter 315, section 19, is amended to read:

Sec. 19.

332.70 BUSINESS SCREENING SERVICES; DATA PRACTICES.

Subdivision 1.

Definitions.

For purposes of this section:

(a) "Business screening service" means a person regularly engaged in the business
of collecting, assembling, evaluating, or disseminating criminal record information on
individuals for a fee. Business screening service does not include a government entity, as
defined in section 13.02, or the news media.

(b) "Conviction" has the meaning given in section 609.02, subdivision 5.

(c) "Criminal record" means a record of an arrest, citation, prosecution, criminal
proceeding, or conviction.

Subd. 2.

Criminal records.

A business screening service must not disseminate a
criminal record unless the record has been updated within the previous month.

Subd. 3.

Correction and deletion of records.

(a) If the completeness or accuracy
of a criminal record maintained by a business screening service is disputed by the
individual who is the subject of the record, the screening service shall, without charge,
investigate the disputed record. In conducting an investigation, the business screening
service shall review and consider all relevant information submitted by the subject of the
record with respect to the disputed record.

(b) If the disputed record is found to be inaccurate or incomplete, the business
screening service shall promptly correct the record. If the disputed record is found to be
sealed, expunged, or the subject of a pardon, the business screening service shall promptly
delete the record.

(c) A business screening service may terminate an investigation of a disputed record
if the business screening agency reasonably determines that the dispute is frivolous, which
may be based on the failure of the subject of the record to provide sufficient information to
investigate the disputed record. Upon making a determination that the dispute is frivolous,
the business screening service shall inform the subject of the record of the specific reasons
why it has determined that the dispute is frivolous and provide a description of any
information required to investigate the disputed record.

(d) The business screening service shall notify the subject of the disputed record
of the correction or deletion of the record or of the termination or completion of the
investigation related to the record within 30 days of the date when the agency receives
notice of the dispute from the subject of the record.

Subd. 4.

Date and notice required.

A business screening service that disseminates
a criminal record must include the date when the record was collected and a notice that
the information may include records that have been expunged, sealed, or otherwise have
become inaccessible to the public since that date.

Subd. 5.

Remedies; relationship to FCRA.

(a) A business screening service that
violates this section is liable to the individual who is the subject of the record for a penalty
of $1,000 or actual damages caused by the violation, whichever is greater, plus costs and
disbursements and reasonable attorney fees.

(b) A business screening service in compliance with the applicable provisions of the
Fair Credit Reporting Act, United States Code, title 15, section 1681, et seq., is considered
to be in compliance with this section. Those entities are subject to the state remedies under
this subdivision when their actions would violate this section and federal law.

Subd. 6.

Service of process; jurisdiction.

A business screening service that
disseminates criminal record information in this state or that obtains a criminal record
from a government entity, as defined in section 13.02, or a court in this state is deemed to
have consented to service of process in this state for purposes of section 5.25, subdivision
4, or other applicable law and to the jurisdiction of courts in this state for actions involving
a violation of this section or for the recovery of remedies under this section.

EFFECTIVE DATE.

This section is effective July 1, deleted text begin 2009 deleted text end new text begin 2010 new text end .