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HF 546

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 06/02/2016 12:16pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/02/2015
1st Engrossment Posted on 03/19/2015

Current Version - 1st Engrossment

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A bill for an act
relating to state government; permitting a government entity to release certain
military release forms to another government entity for a limited purpose;
amending Minnesota Statutes 2014, section 196.08.

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

Section 1.

Minnesota Statutes 2014, section 196.08, is amended to read:


196.08 FILES AND RECORDS CONFIDENTIAL.

(a) The contents of, and all files, records, reports, papers, and documents pertaining
to, any claim for the benefits of Laws 1943, chapter 420, whether pending or adjudicated,
shall be deemed confidential and privileged and no disclosure thereof shall be made,
without the consent in writing of the claimant who has not been adjudicated incompetent,
except as follows:

(1) To said claimant personally, a duly appointed guardian, an attorney in fact, or a
duly authorized representative, and as to personal matters, when, in the judgment of the
commissioner, such disclosure would not be injurious to the physical or mental health of
the claimant.

(2) To the representatives of veterans' organizations recognized by the United States
government, not exceeding five from each such veterans' organizations, and when such
representatives have been duly certified as such by the state department of any such
veterans' organizations in the state of Minnesota.

(3) In any court in the state of Minnesota deleted text beginwhichdeleted text endnew text begin that new text end has jurisdiction of the parties to,
and subject matter of, an action or proceeding therein pending, as found by said court,
when required to be produced by the process of such court, and then only in open court, as
evidence, in such action or proceeding after a judge thereof shall have ruled the same to
be relevant and competent evidence in such action or proceeding according to the laws
and statutes of said state.

(b) Notwithstanding section 382.16, and except as authorized in paragraph (c), no
government entity may release the contents of, or any files, records, reports, papers, or
documents pertaining to, United States government form DD214 or DD215 or any other
certificate of discharge from military service to any person unless that person:

(1) provides proof of identity;

(2) demonstrates tangible interest; and

(3) completes the required release form prepared by the government entity.

(c) This section does not prohibit the release of forms DD214 and DD215 or
other certificates of discharge from military service by an employee or official within
a government entity to another employee or official within that government entity for
purposes of performance of official dutiesnew text begin, or to another government veteran service entity
for purposes of locating records
new text end.

(d) Forms DD214 and DD215 and certificates of discharge from military service
filed with a government agency on or after January 1, 2004, are classified as private data
on individuals under section 13.02, subdivision 12.

(e) Notwithstanding section 386.015, subdivision 5, no fee may be charged by a
government entity for the release of information to a qualified person under this section.

(f) For purposes of paragraph (b), a person who has a tangible interest is:

(1) the subject of the record, report, paper, or document;

(2) the surviving spouse of the subject, if the subject is deceased;

(3) a surviving child of the subject, if the subject is deceased and there is no
surviving spouse;

(4) a surviving parent of the subject, if the subject is deceased and there is no
surviving spouse or surviving children; and

(5) a duly appointed guardian, an attorney in fact, or a duly authorized representative.

(g) For purposes of this section, the term "government entity" has the meaning given
in section 13.02, subdivision 7a.