Minnesota Session Laws - 1990, Regular Session

  

                         Laws of Minnesota 1990 

                        CHAPTER 573-H.F.No. 2365 
           An act relating to the collection and dissemination of 
          data; providing for classifications of government 
          data; clarifying access to data on decedents; changing 
          classification nomenclature as it relates to medical 
          examiner's data; amending Minnesota Statutes 1988, 
          sections 13.03, subdivision 3; 13.10, subdivision 3; 
          13.37, subdivision 1, and by adding a subdivision; 
          13.41, by adding a subdivision; 13.46, subdivision 4; 
          13.69, subdivision 1; 13.83, subdivisions 4, 5, 7, and 
          9; 60A.03, by adding a subdivision; Minnesota Statutes 
          1989 Supplement, sections 13.46, subdivision 2; 13.83, 
          subdivision 8; 13.84, subdivision 5a; 144.335, 
          subdivision 1; 171.06, subdivision 3; 260.161, 
          subdivision 3; proposing coding for new law in 
          Minnesota Statutes, chapter 13; repealing Minnesota 
          Statutes 1988, section 13.641. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1988, section 13.03, 
subdivision 3, is amended to read: 
    Subd. 3.  [REQUEST FOR ACCESS TO DATA.] Upon request to a 
responsible authority or designee, a person shall be permitted 
to inspect and copy public government data at reasonable times 
and places, and, upon request, shall be informed of the data's 
meaning.  If a person requests access for the purpose of 
inspection, the responsible authority may not assess a charge or 
require the requesting person to pay a fee to inspect data.  The 
responsible authority or designee shall provide copies of public 
data upon request.  If a person requests copies or electronic 
transmittal of the data to the person, the responsible authority 
may require the requesting person to pay the actual costs of 
searching for and retrieving government data, including the cost 
of employee time, and for making, certifying and, compiling, and 
electronically transmitting the copies of the data or the data, 
but may not charge for separating public from not public data.  
If the responsible authority or designee is not able to provide 
copies at the time a request is made, copies shall be supplied 
as soon as reasonably possible. 
    When a request under this subdivision involves any person's 
receipt of copies of public government data that has commercial 
value and is a substantial and discrete portion of or an entire 
formula, pattern, compilation, program, device, method, 
technique, process, data base, or system developed with a 
significant expenditure of public funds by the agency, the 
responsible authority may charge a reasonable fee for the 
information in addition to the costs of making, certifying, and 
compiling the copies.  Any fee charged must be clearly 
demonstrated by the agency to relate to the actual development 
costs of the information.  The responsible authority, upon the 
request of any person, shall provide sufficient documentation to 
explain and justify the fee being charged.  
    If the responsible authority or designee determines that 
the requested data is classified so as to deny the requesting 
person access, the responsible authority or designee shall 
inform the requesting person of the determination either orally 
at the time of the request, or in writing as soon after that 
time as possible, and shall cite the specific statutory section, 
temporary classification, or specific provision of federal law 
on which the determination is based.  Upon the request of any 
person denied access to data, the responsible authority or 
designee shall certify in writing that the request has been 
denied and cite the specific statutory section, temporary 
classification, or specific provision of federal law upon which 
the denial was based.  
    Sec. 2.  Minnesota Statutes 1988, section 13.10, 
subdivision 3, is amended to read: 
    Subd. 3.  [RIGHTS.] Rights conferred by this chapter on 
individuals who are the subjects of private or confidential data 
shall, in the case of private data on decedents or confidential 
data on decedents, be exercised by the representative of the 
decedent.  Nonpublic data concerning a decedent, created or 
collected after death, are accessible by the representative of 
the decedent.  Nothing in this section may be construed to 
prevent access to appropriate data by a trustee appointed in a 
wrongful death action.  
    Sec. 3.  Minnesota Statutes 1988, 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 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 addresses and telephone 
numbers. 
    (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. 
    Sec. 4.  Minnesota Statutes 1988, section 13.37, is amended 
by adding a subdivision to read: 
    Subd. 3.  [DATA DISSEMINATION.] Crime prevention block maps 
and names, home addresses, and telephone numbers of volunteers 
who participate in community crime prevention programs may be 
disseminated to volunteers participating in crime prevention 
programs. 
    Sec. 5.  Minnesota Statutes 1988, section 13.41, is amended 
by adding a subdivision to read: 
    Subd. 2a.  [BOARD OF PEACE OFFICER STANDARDS AND TRAINING.] 
The following government data of the board of peace officer 
standards and training are private data: 
    (1) home addresses of licensees and applicants for 
licenses; and 
    (2) data that identify the state agency, statewide system, 
or political subdivision that employs a licensed peace officer. 
    The board may disseminate private data on applicants and 
licensees as is necessary to administer law enforcement 
licensure. 
    Sec. 6.  Minnesota Statutes 1989 Supplement, section 13.46, 
subdivision 2, is amended to read: 
    Subd. 2.  [GENERAL.] (a) Unless the data is summary data or 
a statute specifically provides a different classification, data 
on individuals collected, maintained, used, or disseminated by 
the welfare system is private data on individuals, and shall not 
be disclosed except:  
    (1) pursuant to section 13.05; 
    (2) pursuant to court order; 
    (3) pursuant to a statute specifically authorizing access 
to the private data; 
    (4) to an agent of the welfare system, including a law 
enforcement person, attorney, or investigator acting for it in 
the investigation or prosecution of a criminal or civil 
proceeding relating to the administration of a program; 
    (5) to personnel of the welfare system who require the data 
to determine eligibility, amount of assistance, and the need to 
provide services of additional programs to the individual; 
    (6) to administer federal funds or programs; 
    (7) between personnel of the welfare system working in the 
same program; 
    (8) the amounts of cash public assistance and relief paid 
to welfare recipients in this state, including their names and 
social security numbers, upon request by the department of 
revenue to administer the property tax refund law, supplemental 
housing allowance, and the income tax; 
    (9) to the Minnesota department of jobs and training for 
the purpose of monitoring the eligibility of the data subject 
for unemployment compensation, for any employment or training 
program administered, supervised, or certified by that agency, 
or for the purpose of administering any rehabilitation program, 
whether alone or in conjunction with the welfare system, and to 
verify receipt of energy assistance for the telephone assistance 
plan; 
    (10) to appropriate parties in connection with an emergency 
if knowledge of the information is necessary to protect the 
health or safety of the individual or other individuals or 
persons; or 
    (11) data maintained by residential facilities as defined 
in section 245A.02 may be disclosed to the protection and 
advocacy system established in this state pursuant to Part C of 
Public Law Number 98-527 to protect the legal and human rights 
of persons with mental retardation or other related conditions 
who live in residential facilities for these persons if the 
protection and advocacy system receives a complaint by or on 
behalf of that person and the person does not have a legal 
guardian or the state or a designee of the state is the legal 
guardian of the person; or 
     (12) to the county medical examiner or the county coroner 
for identifying or locating relatives or friends of a deceased 
person. 
    (b) Mental health data shall be treated as provided in 
subdivisions 7, 8, and 9, but is not subject to the access 
provisions of subdivision 10, paragraph (b).  
    Sec. 7.  Minnesota Statutes 1988, section 13.46, 
subdivision 4, is amended to read: 
    Subd. 4.  [LICENSING DATA.] (a) As used in this subdivision:
    (1) "licensing data" means all data collected, maintained, 
used, or disseminated by the welfare system pertaining to 
persons licensed or registered or who apply for licensure or 
registration or who formerly were licensed or registered under 
the authority of the commissioner of human services; 
    (2) "client" means a person who is receiving services from 
a licensee or from an applicant for licensure; and 
    (3) "personal and personal financial data" means social 
security numbers, identity of and letters of reference, 
insurance information, reports from the bureau of criminal 
apprehension, health examination reports, and social/home 
studies. 
    (b) Except as provided in paragraph (c), the following data 
are public:  name, address, telephone number of licensees, 
licensed capacity, type of children client preferred, variances 
granted, type of dwelling, name and relationship of other family 
members, previous license history, class of license, the nature 
and content and the existence and status of complaints after 
resolution when the information is not maintained in 
anticipation of legal action, record of informal resolutions of 
licensing violations,.  When disciplinary action has been taken 
against a licensee or the complaint is resolved, the following 
data are public:  the substance of the complaint, the findings 
of the investigation of the complaint, the record of informal 
resolution of a licensing violation, orders of hearing, findings 
of fact, and conclusions of law, and specifications of the final 
disciplinary action contained in the record of disciplinary 
action.  
    (c) The following are private data on individuals under 
section 13.02, subdivision 12, or nonpublic data under section 
13.02, subdivision 9:  personal and personal financial data on 
family day care program and family foster care program 
applicants and licensees and their family members who provide 
services under the license. 
    (d) The following are private data on individuals:  the 
identity of persons who have made reports concerning licensees 
or applicants that appear in inactive investigative data, and 
the records of clients or employees of the licensee or applicant 
for licensure whose records are received by the licensing agency 
for purposes of review or in anticipation of a contested 
matter.  The names of reporters under sections 626.556 and 
626.557 may be disclosed only as provided in section 626.556, 
subdivision 11, or 626.557, subdivision 12. 
    (e) Data classified as private, confidential, or nonpublic, 
or protected nonpublic under this subdivision become public data 
if submitted to a court or administrative law judge as part of a 
disciplinary proceeding in which there is a public hearing 
concerning the disciplinary action. 
    (f) Data generated in the course of licensing 
investigations that relate to an alleged violation of law are 
investigative data under subdivision 3. 
    (g) Data that are not public data collected, maintained, 
used, or disseminated under this subdivision that relate to or 
are derived from a report as defined in section 626.556, 
subdivision 2, are subject to the destruction provisions of 
section 626.556, subdivision 11. 
    Sec. 8.  [13.511] [LODGING TAX DATA.] 
    Data, other than basic taxpayer identification data, 
collected from taxpayers under a lodging tax ordinance are 
nonpublic. 
    Sec. 9.  [13.521] [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 elderly, 
with the exception of the name of the applicant or user of the 
service, are private. 
    Sec. 10.  [13.643] [DEPARTMENT OF AGRICULTURE DATA.] 
    The following data on applicants, collected by the 
department of agriculture in its sustainable agriculture 
revolving loan and grant programs under sections 17.115 and 
17.116, are private or nonpublic:  nonfarm income; credit 
history; insurance coverage; machinery and equipment list; 
financial information; and credit information requests. 
    Sec. 11.  [13.644] [STATE AUDITOR'S DATA.] 
    (a) Data collected by the office of the state auditor 
relating to an audit are protected nonpublic data or 
confidential data until the final report of the audit has been 
completed or the audit is no longer being actively pursued. 
    (b) Data collected by the office of the state auditor that 
could reasonably be used to determine the identity of an 
individual supplying data for an audit are private, if the data 
supplied by the individual was needed for an audit or was 
provided to initiate an audit, and the individual would not have 
provided the data to the state auditor without an assurance that 
the individual's identity would remain private. 
    Sec. 12.  Minnesota Statutes 1988, section 13.69, 
subdivision 1, is amended to read: 
    Subdivision 1.  [CLASSIFICATIONS.] (a) The following 
government data collected and maintained by of the state 
department of public safety are classified as private, pursuant 
to section 13.02, subdivision 12 data:  
    (1) medical data on driving instructors, licensed drivers, 
and applicants for parking certificates and special license 
plates issued to physically handicapped persons; and 
    (2) social security numbers in driver's license and motor 
vehicle registration records, except that social security 
numbers must be provided to the department of revenue for 
purposes of tax administration.  
    (b) The following government data collected and maintained 
by of the state department of public safety are classified as 
confidential, pursuant to section 13.02, subdivision 3 data:  
data concerning an individual's driving ability when that data 
is received from a member of the individual's family. 
    Sec. 13.  Minnesota Statutes 1988, section 13.83, 
subdivision 4, is amended to read: 
    Subd. 4.  [CONFIDENTIAL INVESTIGATIVE DATA.] Data created 
or collected by a county coroner or medical examiner which is 
part of an active investigation mandated by chapter 390, or any 
other general or local law relating to coroners or medical 
examiners is confidential data on individuals pursuant to 
section 13.02, subdivision 3 or protected nonpublic data, until 
the completion of the coroner's or medical examiner's final 
summary of findings at which point the data collected in the 
investigation and the final summary thereof shall become private 
or nonpublic data on individuals, except that nothing in this 
subdivision shall be construed to make private or 
confidential not public the data elements identified in 
subdivision 2 at any point in the investigation or thereafter.  
    Sec. 14.  Minnesota Statutes 1988, section 13.83, 
subdivision 5, is amended to read: 
    Subd. 5.  [PRIVATE OTHER DATA.] All other medical examiner 
data on deceased individuals is private pursuant to section 
13.02, subdivision 12, are nonpublic and shall not be disclosed 
except pursuant to the provisions of chapter 390, or any other 
general or local law on county coroners or medical examiners, or 
pursuant to a valid court order.  
    Sec. 15.  Minnesota Statutes 1988, section 13.83, 
subdivision 7, is amended to read: 
    Subd. 7.  [COURT REVIEW.] Any person may petition the 
district court located in the county where medical examiner data 
is being maintained to authorize disclosure of private 
nonpublic, protected nonpublic, or confidential medical examiner 
data.  The petitioner shall notify the medical examiner or 
coroner.  The court may notify other interested persons and 
require their presence at a hearing.  A hearing may be held 
immediately if the parties agree, and in any event shall be held 
as soon as practicable.  After examining the data in camera, the 
court may order disclosure of the data if it determines that 
disclosure would be in the public interest.  
    Sec. 16.  Minnesota Statutes 1989 Supplement, section 
13.83, subdivision 8, is amended to read: 
    Subd. 8.  [ACCESS TO PRIVATE NONPUBLIC DATA.] The data made 
private nonpublic by this section are accessible to the legal 
representative of the decedent's estate and to the decedent's 
surviving spouse, parents, children, and siblings and their 
legal representatives. 
    Sec. 17.  Minnesota Statutes 1988, section 13.83, 
subdivision 9, is amended to read: 
    Subd. 9.  [CHANGE IN CLASSIFICATION.] Notwithstanding 
section 13.10, Data classified as private nonpublic, protected 
nonpublic, or confidential by this section shall be classified 
as public 30 years after the date of death of the decedent.  
    Sec. 18.  Minnesota Statutes 1989 Supplement, section 
13.84, subdivision 5a, is amended to read: 
    Subd. 5a.  [PUBLIC BENEFIT DATA.] (a) The responsible 
authority or its designee of a parole or probation authority or 
correctional agency may release private or confidential court 
services data related to:  (1) criminal acts to any law 
enforcement agency, if necessary for law enforcement purposes; 
and (2) criminal acts or delinquent acts to the victims of 
criminal or delinquent acts to the extent that the data are 
necessary for the victim to assert the victim's legal right to 
restitution.  In the case of delinquent acts, the data that may 
be released include only the juvenile's name, address, date of 
birth, and place of employment; the name and address of the 
juvenile's parents or guardians; and the factual part of police 
reports related to the investigation of the delinquent act. 
    (b) A parole or probation authority, a correctional agency, 
or agencies that provide correctional services under contract to 
a correctional agency may release to a law enforcement agency 
the following data on defendants, parolees, or probationers:  
current address, dates of entrance to and departure from agency 
programs, and dates and times of any absences, both authorized 
and unauthorized, from a correctional program.  
    Sec. 19.  Minnesota Statutes 1988, section 60A.03, is 
amended by adding a subdivision to read:  
    Subd. 9.  [CONFIDENTIALITY OF INFORMATION.] The 
commissioner may not be required to divulge any information 
obtained in the course of the supervision of insurance 
companies, or the examination of insurance companies, including 
examination related correspondence and workpapers, until the 
examination report is finally accepted and issued by the 
commissioner, and then only in the form of the final public 
report of examinations.  This subdivision does not apply to the 
extent the commissioner is required or permitted by law, or 
ordered by a court of law to testify or produce evidence in a 
civil or criminal proceeding.  For purposes of this subdivision, 
a subpoena is not an order of a court of law. 
    Sec. 20.  Minnesota Statutes 1989 Supplement, section 
144.335, subdivision 1, is amended to read: 
    Subdivision 1.  [DEFINITIONS.] For the purposes of this 
section, the following terms have the meanings given them: 
    (a) "Patient" means a natural person who has received 
health care services from a provider for treatment or 
examination of a medical, psychiatric, or mental condition, the 
surviving spouse and parents of a deceased patient, or a person 
the patient designates in writing as a representative.  Except 
for minors who have received health care services pursuant to 
sections 144.341 to 144.347, in the case of a minor, "patient" 
includes a parent or guardian, or a person acting as a parent or 
guardian in the absence of a parent or guardian. 
    (b) "Provider" means (1) any person who furnishes health 
care services and is licensed to furnish the services pursuant 
to chapter 147, 148, 148B, 150A, 151, or 153; (2) a home care 
provider licensed under section 144A.46; and (3) a health care 
facility licensed pursuant to this chapter or chapter 144A. 
    Sec. 21.  Minnesota Statutes 1989 Supplement, section 
171.06, subdivision 3, is amended to read: 
    Subd. 3.  [CONTENTS OF APPLICATION.] Every An application 
shall state the full name, date of birth, social security 
number, sex and residence address of the applicant, a 
description of the applicant in such manner as the commissioner 
may require, and shall state whether or not the applicant has 
theretofore been licensed as a driver; and, if so, when and by 
what state or country and whether any such license has ever been 
suspended or revoked, or whether an application has ever been 
refused; and, if so, the date of and reason for such suspension, 
revocation, or refusal, together with such facts pertaining to 
the applicant and the applicant's ability to operate a motor 
vehicle with safety as may be required by the commissioner.  An 
application for a Class CC, Class B, or Class A driver's license 
also must state the applicant's social security number.  The 
application form shall contain a notification to the applicant 
of the availability of the donor document provided pursuant to 
section 171.07, subdivision 5, and shall contain spaces where 
the applicant must indicate a desire to receive or not to 
receive the donor document.  The application shall be in the 
form prepared by the commissioner.  
    The application form must be accompanied by a pamphlet 
containing relevant facts relating to: 
    (1) the effect of alcohol on driving ability; 
    (2) the effect of mixing alcohol with drugs; 
    (3) the laws of Minnesota relating to operation of a motor 
vehicle while under the influence of alcohol or a controlled 
substance; and 
     (4) the levels of alcohol-related fatalities and accidents 
in Minnesota and of arrests for alcohol-related violations. 
    Sec. 22.  Minnesota Statutes 1989 Supplement, section 
260.161, subdivision 3, is amended to read: 
    Subd. 3.  (a) Peace officers' records of children shall be 
kept separate from records of persons 18 years of age or older 
and shall not be open to public inspection or their contents 
disclosed to the public except (1) by order of the juvenile 
court, or (2) as required by section 126.036, or (3) as 
authorized under section 13.82, subdivision 2, or (4) to the 
child's parent or guardian unless disclosure of a record would 
interfere with an ongoing investigation; except that traffic 
investigation reports may be open to inspection by a person who 
has sustained physical harm or economic loss as a result of the 
traffic accident.  Except as provided in paragraph (c), no 
photographs of a child taken into custody may be taken without 
the consent of the juvenile court unless the child is alleged to 
have violated section 169.121 or 169.129.  Any person violating 
any of the provisions of this subdivision shall be guilty of a 
misdemeanor.  
    (b) Nothing in this subdivision prohibits the exchange of 
information by law enforcement agencies if the exchanged 
information is pertinent and necessary to the requesting agency 
in initiating, furthering, or completing a criminal 
investigation. 
    (c) The commissioner of corrections may photograph 
juveniles whose legal custody is transferred to the 
commissioner.  Photographs of juveniles authorized by this 
paragraph may be used only for institution management purposes 
and to assist law enforcement agencies to apprehend juvenile 
offenders.  The commissioner shall maintain photographs of 
juveniles in the same manner as juvenile court records and names 
under this section. 
    Sec. 23.  [REPEALER.] 
    Minnesota Statutes 1988, section 13.641, is repealed. 
    Sec. 24.  [EFFECTIVE DATE.] 
    Sections 12 and 21 are effective the day following final 
enactment. 
    Presented to the governor April 26, 1990 
    Signed by the governor May 3, 1990, 5:34 p.m.