Minnesota Session Laws - 1992, Regular Session

  

                         Laws of Minnesota 1992 

                        CHAPTER 569-H.F.No. 2181 
           An act relating to data practices; providing for the 
          collection, classification, and dissemination of data; 
          modifying provisions concerning patient consent to 
          release of medical records; providing for charges for 
          patient medical records; expanding the administrative 
          subpoena power of the county attorney; making 
          information on closed bank accounts available to 
          authorities investigating worthless check cases; 
          specifying when certain search warrants may be served; 
          imposing a waiting period on persons who seek a pardon 
          extraordinary from the board of pardons; requiring 
          that a pardon extraordinary be made a part of the 
          pardoned offender's court record and that a copy be 
          sent to the bureau of criminal apprehension; improving 
          the pardon application procedure; requiring certain 
          reports; appropriating money; amending Minnesota 
          Statutes 1990, sections 13.03, by adding a 
          subdivision; 13.05, subdivision 4; 72A.20, by adding a 
          subdivision; 144.335, by adding subdivisions; 152.18, 
          subdivision 1; 242.31; 270B.14, by adding a 
          subdivision; 299C.11; 299C.13; 388.23, subdivision 1; 
          609.168; 611A.20, subdivision 2; 626.14; 638.02, 
          subdivisions 2 and 4; Minnesota Statutes 1991 
          Supplement, sections 13.03, subdivision 3; 144.0525; 
          144.335, subdivisions 1 and 3a; 609.535, subdivision 
          6; 638.02, subdivision 3; 638.05; and 638.06; Laws 
          1990, chapter 566, section 9; proposing coding for new 
          law in Minnesota Statutes, chapter 13; 144; 299C; 357; 
          611A; and 638; proposing coding for new law as 
          Minnesota Statutes, chapter 13C. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1991 Supplement, 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, 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 is a state agency, the amount 
received is appropriated to the agency and added to the 
appropriations from which the costs were paid.  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 1990, section 13.03, is amended 
by adding a subdivision to read: 
    Subd. 10.  [COSTS FOR PROVIDING COPIES OF DATA.] Money 
collected by a responsible authority in a state agency for the 
actual cost to the agency of providing copies or electronic 
transmittal of government data is appropriated to the agency and 
added to the appropriations from which the costs were paid. 
    Sec. 3.  Minnesota Statutes 1990, 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 political 
subdivisions, statewide systems, or state agencies 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 agencies 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 agencies 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 agency 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.  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 agency to disclose 
information about the individual to an insurer or its authorized 
representative, unless the statement is: 
     (1) in plain language; 
     (2) dated; 
     (3) specific in designating the particular persons or 
agencies the data subject is authorizing to disclose information 
about the data subject; 
     (4) specific as to the nature of the information the 
subject is authorizing to be disclosed; 
     (5) specific as to the persons or agencies to whom the 
subject is authorizing information to be disclosed; 
    (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; 
    (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 life insurance or noncancelable or guaranteed 
renewable health insurance and identified as such, two years 
after the date of the policy. 
    The responsible authority may require a person requesting 
copies of data under this paragraph to pay the actual costs of 
making, certifying, and compiling the copies. 
    Sec. 4.  [13.99] [OTHER GOVERNMENT DATA PROVISIONS.] 
    Subdivision 1.  [PROVISIONS CODED IN OTHER CHAPTERS.] The 
laws enumerated in this section are codified outside of chapter 
13 and classify government data as other than public or place 
restrictions on access to government data.  The remedies and 
penalties provided in sections 13.08 and 13.09 also apply to 
data and records listed in this section and to other provisions 
of statute that provide access to government data and records or 
rights regarding government data similar to those established by 
section 13.04. 
    Subd. 2.  [DATA PROVIDED TO THE TAX STUDY COMMISSION.] The 
commissioner of revenue shall provide data to the tax study 
commission under section 3.861, subdivision 6. 
    Subd. 3.  [LEGISLATIVE AUDIT DATA.] Data relating to an 
audit performed under section 3.97 are classified under section 
3.97, subdivision 11. 
    Subd. 4.  [ETHICAL PRACTICES BOARD INFORMATION.] Disclosure 
by the ethical practices board of information about a complaint 
or investigation is governed by section 10A.02, subdivision 11. 
    Subd. 5.  [ETHICAL PRACTICES INVESTIGATION DATA.] The 
record of certain investigations conducted under chapter 10A is 
classified, and disposition of certain information is governed, 
by section 10A.02, subdivision 11a. 
    Subd. 6.  [REGISTER OF OWNERSHIP OF BONDS OR CERTIFICATES.] 
Information in a register of ownership of state bonds or 
certificates is classified under section 16A.672, subdivision 11.
    Subd. 7.  [PESTICIDE DEALER RECORDS.] Records of pesticide 
dealers inspected or copied by the commissioner of agriculture 
are classified under section 18B.37, subdivision 5. 
    Subd. 8.  [DAIRY REPORTS TO COMMISSIONER OF AGRICULTURE.] 
Disclosure of information in reports about dairy production 
required to be filed with the commissioner of agriculture under 
section 32.19 is governed by that section. 
    Subd. 9.  [FAMILY FARM SECURITY.] Data received or prepared 
by the commissioner of agriculture regarding family farm 
security loans are classified in section 41.63. 
    Subd. 10.  [RURAL FINANCE AUTHORITY.] Certain data received 
or prepared by the rural finance authority are classified 
pursuant to section 41B.211. 
    Subd. 11.  [WORLD TRADE CENTER.] Certain data received or 
developed by the governing board of the Minnesota world trade 
center corporation are classified in section 44A.08. 
    Subd. 12.  [COMMERCE DEPARTMENT DATA ON FINANCIAL 
INSTITUTIONS.] The disclosure by the commissioner of commerce of 
facts and information obtained in the course of examining 
financial institutions is governed by section 46.07, subdivision 
2. 
    Subd. 13.  [COMMUNITY REINVESTMENT RATING.] The contents 
and disclosure of the confidential section of the community 
reinvestment rating prepared by the commissioner of commerce are 
governed by section 47.84. 
    Subd. 14.  [EXAMINATION OF INSURANCE COMPANIES.] 
Information obtained by the commissioner of commerce in the 
course of supervising or examining insurance companies is 
classified under section 60A.03, subdivision 9.  An examination 
report of a domestic or foreign insurance company prepared by 
the commissioner is classified pursuant to section 60A.031, 
subdivision 4. 
    Subd. 15.  [INSURANCE COMPANY INFORMATION.] Data received 
by the department of commerce under section 60A.93 are 
classified as provided by that section. 
    Subd. 16.  [PROCEEDING AND RECORDS IN SUMMARY PROCEEDINGS 
AGAINST INSURERS.] Access to proceedings and records of summary 
proceedings by the commissioner of commerce against insurers and 
judicial review of such proceedings is governed by section 
60B.14, subdivisions 1, 2, and 3. 
    Subd. 17.  [INSURANCE GUARANTY ASSOCIATION.] The 
commissioner may share data with the board of the Minnesota 
Insurance Guaranty Association as provided by section 60C.14, 
subdivision 2. 
    Subd. 18.  [VARIOUS INSURANCE DATA.] Disclosure of 
information obtained by the commissioner of commerce under 
section 60D.18, 60D.19, or 60D.20 is governed by section 60D.22. 
    Subd. 19.  [HMO EXAMINATIONS.] Data obtained by the 
commissioner of health in the course of an examination of the 
affairs of a health maintenance organization are classified 
under section 62D.14, subdivisions 1 and 4. 
    Subd. 20.  [AUTO THEFT DATA.] The sharing of data on auto 
thefts between law enforcement and prosecutors and insurers is 
governed by section 65B.81. 
    Subd. 21.  [SELF-INSURERS' SECURITY FUND.] Disclosure of 
certain data received by the self-insurers' security is governed 
by section 79A.09, subdivision 4.  
    Subd. 22.  [ENVIRONMENTAL RESPONSE.] Certain data obtained 
by the pollution control agency from a person who may be 
responsible for a release are classified in section 115B.17, 
subdivision 5. 
    Subd. 23.  [HAZARDOUS WASTE GENERATORS.] Data exchanged 
between the pollution control agency and the department of 
revenue under sections 115B.24 and 116.075, subdivision 2, are 
classified under section 115B.24, subdivision 5. 
    Subd. 24.  [SOLID WASTE FACILITY RECORDS.] Records of solid 
waste facilities received, inspected, or copied by a county 
pursuant to section 115A.882 are classified pursuant to section 
115A.882, subdivision 3. 
    Subd. 25.  [HAZARDOUS WASTE GENERATORS.] Information 
provided by hazardous waste generators under section 473.151 and 
for which confidentiality is claimed is governed by section 
116.075, subdivision 2. 
    Subd. 26.  [POLLUTION CONTROL AGENCY TESTS.] Trade secret 
information made available by applicants for certain projects of 
the pollution control agency are classified under section 116.54.
    Subd. 27.  [LOW-LEVEL RADIOACTIVE WASTE.] Certain data 
given to the pollution control agency by persons who generate, 
transport, or dispose of low-level radioactive waste are 
classified under section 116C.840. 
    Subd. 28.  [STUDENT FINANCIAL AID.] Data collected and used 
by the higher education coordinating board on applicants for 
financial assistance are classified under section 136A.162. 
    Subd. 29.  [RESTRICTIONS ON ACCESS TO ARCHIVES 
RECORDS.] Limitations on access to records transferred to the 
state archives are provided in section 138.17, subdivision 1c. 
    Subd. 30.  [FOUNDLING REGISTRATION.] The report of the 
finding of an infant of unknown parentage is classified under 
section 144.216, subdivision 2. 
    Subd. 31.  [NEW CERTIFICATE OF BIRTH.] In circumstances in 
which a new certificate of birth may be issued under section 
144.218, the original certificate of birth is classified as 
provided in that section. 
    Subd. 32.  [BIRTH CERTIFICATE OF CHILD OF UNMARRIED 
PARENTS.] Access to the birth certificate of a child whose 
parents were not married to each other when the child was 
conceived or born is governed by sections 144.225, subdivision 
2, and 257.73. 
    Subd. 33.  [HUMAN LEUKOCYTE ANTIGEN TYPE REGISTRY.] Data 
identifying a person and the person's human leukocyte antigen 
type which is maintained by a government entity are classified 
under section 144.336, subdivision 1. 
    Subd. 34.  [HEALTH THREAT PROCEDURES.] Data in a health 
directive issued by the commissioner of health or a board of 
health are classified in section 144.4186. 
    Subd. 35.  [CERTAIN HEALTH INSPECTIONS.] Disclosure of 
certain data received by the commissioner of health under 
sections 144.50 to 144.56 is governed by section 144.58. 
    Subd. 36.  [CANCER SURVEILLANCE SYSTEM.] Data on 
individuals collected by the cancer surveillance system are 
classified pursuant to section 144.69. 
    Subd. 37.  [MEDICAL MALPRACTICE CLAIMS REPORTS.] Reports of 
medical malpractice claims submitted by an insurer to the 
commissioner of health under section 144.693 are classified as 
provided in section 144.693, subdivision 1. 
    Subd. 38.  [HEALTH TEST RESULTS.] Health test results 
obtained under chapter 144 are classified under section 144.768. 
    Subd. 39.  [HOME CARE SERVICES.] Certain data from 
providers of home care services given to the commissioner of 
health are classified under section 144A.47. 
    Subd. 40.  [TERMINATED PREGNANCIES.] Disclosure of reports 
of terminated pregnancies made to the commissioner of health is 
governed by section 145.413, subdivision 1. 
    Subd. 41.  [REVIEW ORGANIZATION DATA.] Disclosure of data 
and information acquired by a review organization as defined in 
section 145.61, subdivision 5, is governed by section 145.64. 
    Subd. 42.  [FAMILY PLANNING GRANTS.] Information gathered 
under section 145.925 is classified under section 145.925, 
subdivision 6. 
    Subd. 43.  [PHYSICIAN INVESTIGATION RECORDS.] Patient 
medical records provided to the board of medical examiners under 
section 147.131 are classified under that section. 
    Subd. 44.  [RECORD OF PHYSICIAN DISCIPLINARY ACTION.] The 
administrative record of any disciplinary action taken by the 
board of medical examiners under sections 147.01 to 147.22 is 
sealed upon judicial review as provided in section 147.151. 
    Subd. 45.  [CHIROPRACTIC REVIEW RECORDS.] Data of the board 
of chiropractic examiners and the peer review committee are 
classified under section 148.106, subdivision 10. 
    Subd. 46.  [DISCIPLINARY ACTION AGAINST NURSES.] Data 
obtained under section 148.261, subdivision 5, by the board of 
nursing are classified under that subdivision. 
    Subd. 47.  [MEDICAL RECORDS OBTAINED BY BOARD OF 
NURSING.] Medical records of a patient cared for by a nurse who 
is under review by the board of nursing are classified under 
sections 148.191, subdivision 2, and 148.265. 
    Subd. 48.  [RECORDS OF NURSE DISCIPLINARY ACTION.] The 
administrative records of any disciplinary action taken by the 
board of nursing under sections 148.171 to 148.285 are sealed 
upon judicial review as provided in section 148.266. 
    Subd. 49.  [CLIENT RECORDS OBTAINED BY BOARDS ON MENTAL 
HEALTH AND SOCIAL WORK.] Client records obtained by a board 
conducting an investigation under chapter 148B are classified by 
section 148B.09. 
    Subd. 50.  [RECORDS OF MENTAL HEALTH AND SOCIAL WORK 
DISCIPLINARY ACTION.] The administrative records of disciplinary 
action taken by a board under chapter 148B are sealed upon 
judicial review as provided in section 148B.10. 
    Subd. 51.  [SOCIAL WORK AND MENTAL HEALTH BOARDS.] Certain 
data obtained by licensing boards under chapter 148B are 
classified under section 148B.175, subdivisions 2 and 5. 
    Subd. 52.  [RECORDS OF UNLICENSED MENTAL HEALTH 
PRACTITIONER DISCIPLINARY ACTIONS.] The administrative records 
of disciplinary action taken by the commissioner of health 
pursuant to sections 148B.60 to 148B.71 are sealed upon judicial 
review as provided in section 148B.65. 
    Subd. 53.  [BOARD OF DENTISTRY.] Data obtained by the board 
of dentistry under section 150A.08, subdivision 6, are 
classified as provided in that subdivision. 
    Subd. 54.  [MOTOR VEHICLE REGISTRATION.] The residence 
address of certain individuals provided to the commissioner of 
public safety for motor vehicle registrations is classified 
under section 168.346. 
    Subd. 55.  [DRIVERS' LICENSE PHOTOGRAPHS.] Photographs 
taken by the commissioner of public safety for drivers' licenses 
are classified under section 171.07, subdivision 1a. 
    Subd. 56.  [DRIVERS' LICENSE ADDRESS.] The residence 
address of certain individuals provided to the commissioner of 
public safety in drivers' license applications is classified 
under section 171.12, subdivision 7. 
    Subd. 57.  [ACCIDENT REPORTS.] Release of accident reports 
provided to the department of public safety under section 169.09 
is governed by section 169.09, subdivision 13. 
     Subd. 58.  [REPORTERS TO LABOR AND INDUSTRY.] Disclosure of 
the names of certain persons supplying information to the 
department of labor and industry is prohibited by sections 
175.24 and 175.27.  
    Subd. 59.  [REPORT OF DEATH OR INJURY TO LABOR AND 
INDUSTRY.] Access to a report of worker injury or death during 
the course of employment filed by an employer under section 
176.231 is governed by sections 176.231, subdivisions 8 and 9, 
and 176.234. 
    Subd. 60.  [OCCUPATIONAL SAFETY AND HEALTH.] Certain data 
gathered or prepared by the commissioner of labor and industry 
as part of occupational safety and health inspections are 
classified under section 182.659, subdivision 8. 
    Subd. 61.  [EMPLOYEE DRUG AND ALCOHOL TEST RESULTS.] Test 
results and other information acquired in the drug and alcohol 
testing process, with respect to public sector employees and 
applicants, are classified by section 181.954, subdivision 2, 
and access to them is governed by section 181.954, subdivision 3.
    Subd. 62.  [CERTAIN VETERANS BENEFITS.] Access to files 
pertaining to claims for certain veterans benefits is governed 
by section 196.08. 
    Subd. 63.  [VETERANS SERVICE OFFICERS.] Data maintained by 
veterans service officers are classified under section 197.603. 
    Subd. 64.  [HEALTH LICENSING BOARDS.] Data received by 
health licensing boards from the commissioner of human services 
are classified under section 214.10, subdivision 8. 
    Subd. 65.  [COMMISSIONER OF PUBLIC SERVICE.] Certain energy 
data maintained by the commissioner of public service are 
classified under section 216C.17, subdivision 4. 
     Subd. 66.  [MENTAL HEALTH RECORDS.] Disclosure of the names 
and addresses of persons receiving mental health services is 
governed by section 245.467, subdivision 6.  
    Subd. 67.  [CHILDREN RECEIVING MENTAL HEALTH SERVICES.] 
Disclosure of identities of children receiving mental health 
services under sections 245.487 to 245.4887, and the identities 
of their families, is governed by section 245.4876, subdivision 
7. 
    Subd. 68.  [MENTAL HEALTH CLINICS AND CENTERS.] Data 
collected by mental health clinics and centers approved by the 
commissioner of human services are classified under section 
245.69, subdivision 2. 
    Subd. 69.  [STATE HOSPITAL PATIENTS.] Contents of, and 
access to, records of state hospital patients required to be 
kept by the commissioner of human services are governed by 
section 246.13. 
    Subd. 70.  [CHEMICAL DEPENDENCY SERVICE AGREEMENTS.] 
Certain data received by the commissioner of human services from 
chemical dependency programs are classified under section 
246.64, subdivision 4. 
    Subd. 71.  [RAMSEY HEALTH CARE.] Data maintained by Ramsey 
Health Care, Inc., are classified under section 246A.17. 
    Subd. 72.  [PREPETITION SCREENING.] Prepetition screening 
investigations for judicial commitments are classified as 
private under section 253B.07, subdivision 1, paragraph (b).  
    Subd. 73.  [SUBJECT OF RESEARCH; RECIPIENTS OF ALCOHOL OR 
DRUG ABUSE TREATMENT.] Access to records of individuals who are 
the subject of research or who receive information, assessment, 
or treatment concerning alcohol or drug abuse is governed by 
section 254A.09. 
    Subd. 74.  [CHILD MORTALITY REVIEW PANEL.] Data practices 
of the commissioner of human services as part of the child 
mortality review panel are governed by section 256.01, 
subdivision 12. 
    Subd. 75.  [RECORDS OF ARTIFICIAL INSEMINATION.] Access to 
records held by a court or other agency concerning artificial 
insemination performed on a married woman with her husband's 
consent is governed by section 257.56, subdivision 1. 
    Subd. 76.  [PARENTAGE ACTION RECORDS.] Inspection of 
records in parentage actions held by the court, the commissioner 
of human services, or elsewhere is governed by section 257.70. 
    Subd. 77.  [COMMISSIONER'S RECORDS OF ADOPTION.] Records of 
adoption held by the commissioner of human services are 
classified, and access to them is governed by section 259.46, 
subdivisions 1 and 3. 
    Subd. 78.  [ADOPTEE'S ORIGINAL BIRTH CERTIFICATE.] Access 
to the original birth certificate of a person who has been 
adopted is governed by section 259.49. 
    Subd. 79.  [PEACE OFFICERS AND CORRECTIONS RECORDS OF 
JUVENILES.] Inspection and maintenance of juvenile records held 
by police and the commissioner of corrections are governed by 
section 260.161, subdivision 3. 
    Subd. 80.  [COMMISSIONER OF JOBS AND TRAINING.] Data 
maintained by the commissioner of jobs and training are 
classified under section 268.12, subdivision 12. 
    Subd. 81.  [TRANSITIONAL HOUSING DATA.] Certain data 
collected, used, or maintained by the recipient of a grant to 
provide transitional housing are classified under section 
268.38, subdivision 9. 
    Subd. 82.  [EMERGENCY JOBS PROGRAM.] Data maintained by the 
commissioner of public safety for the emergency jobs program are 
classified under section 268.673, subdivision 5. 
    Subd. 83.  [VOCATIONAL REHABILITATION DATA.] Disclosure of 
data obtained by the commissioner of jobs and training regarding 
the vocational rehabilitation of an injured or disabled employee 
is governed by section 268A.05. 
    Subd. 84.  [REVENUE RECAPTURE ACT.] Data maintained by the 
commissioner of revenue under the revenue recapture act are 
classified under section 270A.11. 
    Subd. 85.  [TAX DATA; CLASSIFICATION AND DISCLOSURE.] 
Classification and disclosure of tax data created, collected, or 
maintained by the department of revenue under chapter 290, 290A, 
291, or 297A are governed by chapter 270B. 
    Subd. 86.  [HOMESTEAD APPLICATIONS.] The classification and 
disclosure of certain information collected to determine 
homestead classification is governed by section 273.124, 
subdivision 13. 
    Subd. 87.  [MOTOR VEHICLE REGISTRARS.] Disclosure of 
certain information obtained by motor vehicle registrars is 
governed by section 297B.12. 
    Subd. 88.  [MARIJUANA AND CONTROLLED SUBSTANCE TAX 
INFORMATION.] Disclosure of information obtained under chapter 
297D is governed by section 297D.13, subdivisions 1 to 3. 
    Subd. 89.  [MINERAL RIGHTS FILINGS.] Data filed pursuant to 
section 298.48 with the commissioner of revenue by owners or 
lessees of mineral rights are classified under section 298.48, 
subdivision 4. 
    Subd. 90.  [UNDERCOVER BUY FUND.] Records relating to 
applications for grants under section 299C.065 are classified 
under section 299C.065, subdivision 4. 
    Subd. 91.  [ARSON INVESTIGATIONS.] Data maintained as part 
of arson investigations are governed by sections 299F.055 and 
299F.056. 
    Subd. 92.  [OFFICE OF PIPELINE SAFETY.] Data obtained by 
the director of the office of pipeline safety are classified 
under section 299J.13. 
    Subd. 93.  [HUMAN RIGHTS CONCILIATION EFFORTS.] Disclosure 
of information concerning efforts in a particular case to 
resolve a charge through education conference, conciliation, and 
persuasion is governed by section 363.06, subdivision 6. 
    Subd. 94.  [HUMAN RIGHTS DEPARTMENT INVESTIGATIVE DATA.] 
Access to human rights department investigative data by persons 
other than department employees is governed by section 363.061. 
    Subd. 95.  [RECORDS OF CLOSED COUNTY BOARD MEETINGS.] 
Records of Hennepin county board meetings permitted to be closed 
under section 383B.217, subdivision 7, are classified under that 
subdivision. 
    Subd. 96.  [INQUEST DATA.] Certain data collected or 
created in the course of a coroner's or medical examiner's 
inquest are classified under sections 390.11, subdivision 7, and 
390.32, subdivision 6. 
    Subd. 97.  [RURAL DEVELOPMENT FINANCING AUTHORITY.] 
Treatment of preliminary information provided by the 
commissioner of trade and economic development to an authority 
contemplating the exercise of powers under sections 469.142 to 
469.151 is governed by section 469.150. 
    Subd. 98.  [MUNICIPAL SELF-INSURER CLAIMS.] Disclosure of 
information about individual claims filed by the employees of a 
municipality which is a self-insurer is governed by section 
471.617, subdivision 5. 
    Subd. 99.  [METROPOLITAN SOLID WASTE LANDFILL FEE.] 
Information obtained from the operator of a mixed municipal 
solid waste disposal facility under section 473.843 is 
classified under section 473.843, subdivision 4. 
    Subd. 100.  [MUNICIPAL OBLIGATION REGISTER DATA.] 
Information contained in a register with respect to the 
ownership of certain municipal obligations is classified under 
section 475.55, subdivision 6. 
    Subd. 101.  [CHILD CUSTODY PROCEEDINGS.] Court records of 
child custody proceedings may be sealed as provided in section 
518.168. 
    Subd. 102.  [FARMER-LENDER MEDIATION.] Data on debtors and 
creditors under the farmer-lender mediation act are classified 
under section 583.29. 
    Subd. 103.  [SOURCES OF PRESENTENCE INVESTIGATION REPORTS.] 
Disclosure of confidential sources in presentence investigation 
reports is governed by section 609.115, subdivision 4. 
    Subd. 104.  [USE OF MOTOR VEHICLE TO PATRONIZE 
PROSTITUTES.] Use of a motor vehicle in the commission of an 
offense under section 609.324 is noted on the offender's driving 
records and the notation is classified pursuant to section 
609.324, subdivision 5. 
    Subd. 105.  [SEXUAL ASSAULT CRIME VICTIMS.] Data on sexual 
assault victims are governed by section 609.3471. 
    Subd. 106.  [FINANCIAL DISCLOSURE FOR PUBLIC DEFENDER 
SERVICES.] Disclosure of financial information provided by a 
defendant seeking public defender services is governed by 
section 611.17. 
    Subd. 107.  [CRIME VICTIM NOTICE OF RELEASE.] Data on crime 
victims who request notice of an offender's release are 
classified under section 611A.06. 
    Subd. 108.  [BATTERED WOMEN.] Data on battered women 
maintained by grantees for emergency shelter and support 
services for battered women are governed by section 611A.32, 
subdivision 5. 
    Subd. 109.  [CRIME VICTIM CLAIMS FOR REPARATIONS.] Claims 
and supporting documents filed by crime victims seeking 
reparations are classified under section 611A.57, subdivision 6. 
    Subd. 110.  [CRIME VICTIM OMBUDSMAN.] Data maintained by 
the crime victim ombudsman are classified under section 611A.74, 
subdivision 2. 
    Subd. 111.  [REPORTS OF GUNSHOT WOUNDS.] Disclosure of the 
name of a person making a report under section 626.52, 
subdivision 2, is governed by section 626.53. 
    Subd. 112.  [CHILD ABUSE REPORT RECORDS.] Data contained in 
child abuse report records are classified under section 626.556, 
subdivisions 11 and 11b. 
    Subd. 113.  [VULNERABLE ADULT REPORT RECORDS.] Data 
contained in vulnerable adult report records are classified 
under section 626.557, subdivision 12. 
    Subd. 114.  [PEACE OFFICER DISCIPLINE PROCEDURES.] Access 
by an officer under investigation to the investigating agency's 
investigative report on the officer is governed by section 
626.89, subdivision 6. 
    Sec. 5.  [13C.01] [ACCESS TO CONSUMER REPORTS PREPARED BY 
CONSUMER REPORTING AGENCIES.] 
    Subdivision 1.  [FEE FOR REPORT.] (a) A consumer who is the 
subject of a credit report maintained by a credit reporting 
agency is entitled to request and receive by mail, for a charge 
not to exceed $8, a copy of the credit report once in any 
12-month period.  The mailing must contain a statement of the 
consumer's right to dispute and correct any errors and of the 
procedures set forth in the federal Fair Credit Reporting Act, 
United States Code, title 15, sections 1681 et. seq., for that 
purpose.  The credit reporting agency shall respond to a request 
under this subdivision within 30 days. 
    (b) A consumer who exercises the right to dispute and 
correct errors is entitled, after doing so, to request and 
receive by mail, without charge, a copy of the credit report in 
order to confirm that the credit report was corrected. 
    (c) For purposes of this section, the terms "consumer," 
"credit report," and "credit reporting agency" have the meanings 
given them in the federal Fair Credit Reporting Act, United 
States Code, title 15, sections 1681 et. seq. 
    Subd. 2.  [ENFORCEMENT.] This section may be enforced by 
the attorney general pursuant to section 8.31. 
    Sec. 6.  Minnesota Statutes 1990, section 72A.20, is 
amended by adding a subdivision to read: 
    Subd. 29.  [HIV TESTS; CRIME VICTIMS.] No insurer regulated 
under chapter 61A or 62B, or providing health, medical, 
hospitalization, or accident and sickness insurance regulated 
under chapter 62A, or nonprofit health services corporation 
regulated under chapter 62C, health maintenance organization 
regulated under chapter 62D, or fraternal beneficiary 
association regulated under chapter 64B, may: 
    (1) obtain or use the performance of or the results of a 
test to determine the presence of the human immune deficiency 
virus (HIV) antibody performed on an offender under section 19 
or performed on a crime victim who was exposed to or had contact 
with an offender's bodily fluids during commission of a crime 
that was reported to law enforcement officials, in order to make 
an underwriting decision, cancel, fail to renew, or take any 
other action with respect to a policy, plan, certificate, or 
contract; or 
    (2) ask an applicant for coverage or a person already 
covered whether the person has had a test performed for the 
reason set forth in clause (1). 
    A question that purports to require an answer that would 
provide information regarding a test performed for the reason 
set forth in clause (1) may be interpreted as excluding this 
test.  An answer that does not mention the test is considered to 
be a truthful answer for all purposes.  An authorization for the 
release of medical records for insurance purposes must 
specifically exclude any test performed for the purpose set 
forth in clause (1) and must be read as providing this exclusion 
regardless of whether the exclusion is expressly stated.  This 
subdivision does not affect tests conducted for purposes other 
than those described in clause (1). 
    Sec. 7.  Minnesota Statutes 1991 Supplement, section 
144.0525, is amended to read: 
    144.0525 [DATA FROM LABOR AND INDUSTRY AND JOBS AND 
TRAINING; EPIDEMIOLOGIC STUDIES.] 
    All data collected by the commissioner of health under 
sections 176.234 and, 268.12, and 270B.14, subdivision 11, shall 
be used only for the purposes of epidemiologic investigations, 
notification of persons exposed to health hazards as a result of 
employment, and surveillance of occupational health and safety. 
    Sec. 8.  Minnesota Statutes 1991 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; (3) a health care 
facility licensed pursuant to this chapter or chapter 144A; and 
(4) an unlicensed mental health practitioner regulated pursuant 
to sections 148B.60 to 148B.71. 
    (c) "Individually identifiable form" means a form in which 
the patient is or can be identified as the subject of the health 
records. 
    Sec. 9.  Minnesota Statutes 1991 Supplement, section 
144.335, subdivision 3a, is amended to read: 
    Subd. 3a.  [PATIENT CONSENT TO RELEASE OF RECORDS; 
LIABILITY.] (a) A provider, or a person who receives health 
records from a provider, may not release a patient's health 
records to a person without a signed and dated consent from the 
patient or the patient's legally authorized representative 
authorizing the release, unless the release is specifically 
authorized by law.  Except as provided in paragraph (c), a 
consent is valid for one year or for a lesser period specified 
in the consent or for a different period provided by law.  
    (b) This subdivision does not prohibit the release of 
health records for a medical emergency when the provider is 
unable to obtain the patient's consent due to the patient's 
condition or the nature of the medical emergency. 
    (c) Notwithstanding paragraph (a), if a patient explicitly 
gives informed consent to the release of health records for the 
purposes and pursuant to the restrictions in clauses (1) and 
(2), the consent does not expire after one year for: 
    (1) the release of health records to a provider who is 
being advised or consulted with in connection with the current 
treatment of the patient; 
    (2) the release of health records to an accident and health 
insurer, health service plan corporation, health maintenance 
organization, or third-party administrator for purposes of 
payment of claims, fraud investigation, or quality of care 
review and studies, provided that: 
    (i) the use or release of the records complies with 
sections 72A.49 to 72A.505; 
     (ii) further use or release of the records in individually 
identifiable form to a person other than the patient without the 
patient's consent is prohibited; and 
    (iii) the recipient establishes adequate safeguards to 
protect the records from unauthorized disclosure, including a 
procedure for removal or destruction of information that 
identifies the patient. 
    (d) Until June 1, 1994, paragraph (a) does not prohibit the 
release of health records to qualified personnel solely for 
purposes of medical or scientific research, if the patient has 
not objected to a release for research purposes and the provider 
who releases the records makes a reasonable effort to determine 
that: 
    (i) the use or disclosure does not violate any limitations 
under which the record was collected; 
    (ii) the use or disclosure in individually identifiable 
form is necessary to accomplish the research or statistical 
purpose for which the use or disclosure is to be made; 
    (iii) the recipient has established and maintains adequate 
safeguards to protect the records from unauthorized disclosure, 
including a procedure for removal or destruction of information 
that identifies the patient; and 
    (iv) further use or release of the records in individually 
identifiable form to a person other than the patient without the 
patient's consent is prohibited. 
    (e) A person who negligently or intentionally releases a 
health record in violation of this subdivision, or who forges a 
signature on a consent form, or who obtains under false 
pretenses the consent form or health records of another person, 
or who, without the person's consent, alters a consent form, is 
liable to the patient for compensatory damages caused by an 
unauthorized release, plus costs and reasonable attorney's fees. 
    (d) A patient's consent to the release of data on the date 
and type of immunizations administered to the patient is 
effective until the patient directs otherwise, if the consent 
was executed before August 1, 1991.  
    Sec. 10.  Minnesota Statutes 1990, section 144.335, is 
amended by adding a subdivision to read: 
    Subd. 5.  [COSTS.] When a patient requests a copy of the 
patient's record for purposes of reviewing current medical care, 
the provider must not charge a fee.  When a provider or its 
representative makes copies of patient records upon a patient's 
request under this section, the provider or its representative 
may charge the patient or the patient's representative no more 
than 75 cents per page, plus $10 for time spent retrieving and 
copying the records, unless other law or a rule or contract 
provide for a lower maximum charge.  This limitation does not 
apply to X-rays.  The provider may charge a patient no more than 
the actual cost of reproducing X-rays, plus no more than $10 for 
the time spent retrieving and copying the X-rays. 
    The respective maximum charges of 75 cents per page and $10 
for time provided in this subdivision are in effect for calendar 
year 1992 and may be adjusted annually each calendar year as 
provided in this subdivision.  The permissible maximum charges 
shall change each year by an amount that reflects the change, as 
compared to the previous year, in the consumer price index for 
all urban consumers, Minneapolis-St. Paul (CPI-U), published by 
the department of labor.  
    Sec. 11.  Minnesota Statutes 1990, section 144.335, is 
amended by adding a subdivision to read: 
    Subd. 6.  [VIOLATION.] A violation of this section may be 
grounds for disciplinary action against a provider by the 
appropriate licensing board or agency. 
    Sec. 12.  [144.3351] [IMMUNIZATION DATA.] 
    Providers as defined in section 144.335, subdivision 1, 
elementary or secondary schools or child care facilities as 
defined in section 123.70, subdivision 9, public or private 
post-secondary educational institutions as defined in section 
135A.14, subdivision 1, paragraph (b), a board of health as 
defined in section 145A.02, subdivision 2, community action 
agencies as defined in section 268.53, subdivision 1, and the 
commissioner of health may exchange data with one another, 
without the patient's consent, on the date and type of 
immunizations administered to a patient, regardless of the date 
of immunization, if the person requesting access provides 
services on behalf of the patient. 
    Sec. 13.  Minnesota Statutes 1990, section 152.18, 
subdivision 1, is amended to read: 
    Subdivision 1.  If any person is found guilty of a 
violation of section 152.024, 152.025, or 152.027 for possession 
of a controlled substance, after trial or upon a plea of guilty, 
the court may, without entering a judgment of guilty and with 
the consent of such the person, defer further proceedings and 
place the person on probation upon such reasonable conditions as 
it may require and for a period, not to exceed the maximum term 
of imprisonment provided for such the violation.  The court may 
give the person the opportunity to attend and participate in an 
appropriate program of education regarding the nature and 
effects of alcohol and drug abuse as a stipulation of 
probation.  Upon violation of a condition of the probation, the 
court may enter an adjudication of guilt and proceed as 
otherwise provided.  The court may, in its discretion, dismiss 
the proceedings against such the person and discharge the person 
from probation before the expiration of the maximum period 
prescribed for such the person's probation.  If during the 
period of probation such the person does not violate any of the 
conditions of the probation, then upon expiration of such the 
period the court shall discharge such the person and dismiss the 
proceedings against that person.  Discharge and 
dismissal hereunder under this subdivision shall be without 
court adjudication of guilt, but a nonpublic not public record 
thereof of it shall be retained by the department of public 
safety solely for the purpose of use by the courts in 
determining the merits of subsequent proceedings against such 
the person.  The not public record may also be opened only upon 
court order for purposes of a criminal investigation, 
prosecution, or sentencing.  Upon request by law enforcement, 
prosecution, or corrections authorities, the department shall 
notify the requesting party of the existence of the not public 
record and the right to seek a court order to open it pursuant 
to this section.  The court shall forward a record of any 
discharge and dismissal hereunder under this subdivision to the 
department of public safety who shall make and maintain 
the nonpublic not public record thereof of it as hereinbefore 
provided under this subdivision.  Such The discharge or 
dismissal shall not be deemed a conviction for purposes of 
disqualifications or disabilities imposed by law upon conviction 
of a crime or for any other purpose. 
     For purposes of this subdivision, "not public" has the 
meaning given in section 13.02, subdivision 8a.  
    Sec. 14.  Minnesota Statutes 1990, section 242.31, is 
amended to read: 
    242.31 [RESTORATION OF CIVIL RIGHTS.] 
    Subdivision 1.  Whenever a person who has been committed to 
the custody of the commissioner of corrections upon conviction 
of a crime following reference for prosecution under the 
provisions of section 260.125 is finally discharged by order of 
the commissioner, that discharge shall restore the person to all 
civil rights and, if so ordered by the commissioner of 
corrections, also shall have the effect of setting aside the 
conviction, nullifying the same it and of purging that the 
person thereof of it.  The commissioner shall file a copy of the 
order with the district court of the county in which the 
conviction occurred; upon receipt, the court shall order the 
conviction set aside. 
    Subd. 2.  Whenever a person described in subdivision 1 has 
been placed on probation by the court pursuant to section 
609.135 and, after satisfactory fulfillment thereof of it, is 
discharged from probation, the court shall issue an order of 
discharge pursuant to section 609.165.  On application of the 
defendant or on its own motion and after notice to the county 
attorney, the court in its discretion may also order that the 
defendant's conviction be set aside with the same effect as such 
an a court order under subdivision 1. 
    These orders restore the defendant to civil rights and 
purge and free the defendant from all penalties and disabilities 
arising from the defendant's conviction and it the conviction 
shall not thereafter be used against the defendant, except in a 
criminal prosecution for a subsequent offense if otherwise 
admissible therein.  In addition, the record of the defendant's 
conviction shall be sealed and may be opened only upon court 
order for purposes of a criminal investigation, prosecution, or 
sentencing.  Upon request by law enforcement, prosecution, or 
corrections authorities, the court or the department of public 
safety shall notify the requesting party of the existence of the 
sealed record and the right to seek a court order to open it 
pursuant to this section.  
    Subd. 3.  The commissioner of corrections shall file a copy 
of the order with the district court of the county in which the 
conviction occurred; upon receipt, the court shall order the 
conviction set aside and all records pertinent to the conviction 
sealed.  These records shall only be reopened in the case of a 
judicial criminal proceeding instituted at a later date or upon 
court order, for purposes of a criminal investigation, 
prosecution, or sentencing, in the manner provided in 
subdivision 2. 
    The term "records" includes, but is not limited to, all 
matters, files, documents and papers incident to the arrest, 
indictment, information, complaint, trial, appeal, dismissal and 
discharge, which relate to the conviction for which the order 
was issued. 
    Sec. 15.  Minnesota Statutes 1990, section 270B.14, is 
amended by adding a subdivision to read: 
    Subd. 11.  [DISCLOSURE TO COMMISSIONER OF HEALTH.] (a) On 
the request of the commissioner of health, the commissioner may 
disclose return information to the extent provided in paragraph 
(b) and for the purposes provided in paragraph (c). 
    (b) Data that may be disclosed are limited to the 
taxpayer's identity, as defined in section 270B.01, subdivision 
5. 
    (c) The commissioner of health may request data only for 
the purposes of carrying out epidemiologic investigations, which 
includes conducting occupational health and safety surveillance, 
and locating and notifying individuals exposed to health hazards 
as a result of employment.  Requests for data by the 
commissioner of health must be in writing and state the purpose 
of the request.  Data received may be used only for the purposes 
of section 144.0525. 
    Sec. 16.  Minnesota Statutes 1990, section 299C.11, is 
amended to read: 
     299C.11 [PRINTS, FURNISHED TO BUREAU BY SHERIFFS AND CHIEFS 
OF POLICE.] 
    The sheriff of each county and the chief of police of each 
city of the first, second, and third classes shall furnish the 
bureau, upon such form as the superintendent shall prescribe, 
with such finger and thumb prints, photographs, and other 
identification data as may be requested or required by the 
superintendent of the bureau, which may be taken under the 
provisions of section 299C.10, of persons who shall be convicted 
of a felony, gross misdemeanor, or who shall be found to have 
been convicted of a felony or gross misdemeanor, within ten 
years next preceding their arrest.  Upon the determination of 
all pending criminal actions or proceedings in favor of the 
arrested person, the arrested person shall, upon demand, have 
all such finger and thumb prints, photographs, and other 
identification data, and all copies and duplicates thereof, 
returned, provided it is not established that the arrested 
person has been convicted of any felony, either within or 
without the state, within the period of ten years immediately 
preceding such determination.  
    For purposes of this section, "determination of all pending 
criminal actions or proceedings in favor of the arrested person" 
does not include the sealing of a criminal record pursuant to 
sections 152.18, subdivision 1, 242.31, or 609.168. 
    Sec. 17.  Minnesota Statutes 1990, section 299C.13, is 
amended to read: 
    299C.13 [INFORMATION AS TO CRIMINALS TO BE FURNISHED BY 
BUREAU TO PEACE OFFICERS.] 
    Upon receipt of information data as to any arrested person, 
the bureau shall immediately ascertain whether the person 
arrested has a criminal record or is a fugitive from justice, 
and shall at once inform the arresting officer of the facts 
ascertained.  Upon application by any sheriff, chief of police, 
or other peace officer in the state, or by an officer of the 
United States or by an officer of another state, territory, or 
government duly authorized to receive the same and effecting 
reciprocal interchange of similar information with the division, 
it shall be the duty of the bureau to furnish all information in 
its possession pertaining to the identification of any person.  
If the bureau has a sealed record on the arrested person, it 
shall notify the requesting peace officer of that fact and of 
the right to seek a court order to open the record for purposes 
of law enforcement.  
    Sec. 18.  [299C.60] [CITATION.] 
    Sections 18 to 22 may be cited as the "Minnesota child 
protection background check act. 
    Sec. 19.  [299C.61] [DEFINITIONS.] 
    Subdivision 1.  [TERMS.] The definitions in this section 
apply to sections 18 to 22. 
    Subd. 2.  [BACKGROUND CHECK CRIME.] "Background check crime"
includes child abuse crimes, murder, manslaughter, felony level 
assault or any assault crime committed against a minor, 
kidnapping, arson, criminal sexual conduct, and 
prostitution-related crimes. 
    Subd. 3.  [CHILD.] "Child" means an individual under the 
age of 18. 
    Subd. 4.  [CHILD ABUSE CRIME.] "Child abuse crime" means:  
    (1) an act committed against a minor victim that 
constitutes a violation of section 609.185, clause (5); 609.221; 
609.222; 609.223; 609.224; 609.322; 609.323; 609.324; 609.342; 
609.343; 609.344; 609.345; 609.352; 609.377; or 609.378; or 
    (2) a violation of section 152.021, subdivision 1, clause 
(4); 152.022, subdivision 1, clause (5) or (6); 152.023, 
subdivision 1, clause (3) or (4); 152.023, subdivision 2, clause 
(5) or (7); or 152.024, subdivision 1, clause (2), (3), or (4). 
    Subd. 5.  [CHILDREN'S SERVICE PROVIDER.] "Children's 
service provider" means a business or organization, whether 
public, private, for profit, nonprofit, or voluntary, that 
provides children's services, including a business or 
organization that licenses or certifies others to provide 
children's services. 
    Subd. 6.  [CHILDREN'S SERVICE WORKER.] "Children's service 
worker" means a person who has, may have, or seeks to have 
access to a child to whom the children's service provider 
provides children's services, and who: 
    (1) is employed by, volunteers with, or seeks to be 
employed by or volunteer with a children's service provider; or 
    (2) owns, operates, or seeks to own or operate a children's 
service provider.  
    Subd. 7.  [CHILDREN'S SERVICES.] "Children's services" 
means the provision of care, treatment, education, training, 
instruction, or recreation to children. 
    Subd. 8.  [CJIS.] "CJIS" means the Minnesota criminal 
justice information system. 
    Subd. 9.  [SUPERINTENDENT.] "Superintendent" means the 
superintendent of the bureau of criminal apprehension. 
    Sec. 20.  [299C.62] [BACKGROUND CHECKS.] 
    Subdivision 1.  [GENERALLY.] The superintendent shall 
develop procedures to enable a children's service provider to 
request a background check to determine whether a children's 
service worker is the subject of any reported conviction for a 
background check crime.  The superintendent shall perform the 
background check by retrieving and reviewing data on background 
check crimes maintained in the CJIS computers.  The 
superintendent is authorized to exchange fingerprints with the 
Federal Bureau of Investigation for purposes of a criminal 
history check.  The superintendent shall recover the cost of a 
background check through a fee charged the children's service 
provider. 
    Subd. 2.  [BACKGROUND CHECKS; REQUIREMENTS.] The 
superintendent may not perform a background check under this 
section unless the children's service provider submits a written 
document, signed by the children's service worker on whom the 
background check is to be performed, containing the following: 
    (1) a question asking whether the children's service worker 
has ever been convicted of a background check crime and if so, 
requiring a description of the crime and the particulars of the 
conviction; 
    (2) a notification to the children's service worker that 
the children's service provider will request the superintendent 
to perform a background check under this section; and 
    (3) a notification to the children's service worker of the 
children's service worker's rights under subdivision 3. 
    Background checks performed under this section may only be 
requested by and provided to authorized representatives of a 
children's service provider who have a need to know the 
information and may be used only for the purposes of sections 18 
to 22.  Background checks may be performed pursuant to this 
section not later than one year after the document is submitted 
under this section.  
    Subd. 3.  [CHILDREN'S SERVICE WORKER RIGHTS.] (a) The 
children's service provider shall notify the children's service 
worker of the children's service worker's rights under paragraph 
(b). 
    (b) A children's service worker who is the subject of a 
background check request has the following rights: 
    (1) the right to be informed that a children's service 
provider will request a background check on the children's 
service worker: 
    (i) for purposes of the children's service worker's 
application to be employed by, volunteer with, or be an owner of 
a children's service provider or for purposes of continuing as 
an employee, volunteer, or owner; and 
    (ii) to determine whether the children's service worker has 
been convicted of any crime specified in section 19, subdivision 
2 or 4; 
    (2) the right to be informed by the children's service 
provider of the superintendent's response to the background 
check and to obtain from the children's service provider a copy 
of the background check report; 
    (3) the right to obtain from the superintendent any record 
that forms the basis for the report; 
    (4) the right to challenge the accuracy and completeness of 
any information contained in the report or record pursuant to 
section 13.04, subdivision 4; 
    (5) the right to be informed by the children's service 
provider if the children's service worker's application to be 
employed with, volunteer with, or be an owner of a children's 
service provider, or to continue as an employee, volunteer, or 
owner, has been denied because of the superintendent's response; 
and 
    (6) the right not to be required directly or indirectly to 
pay the cost of the background check. 
    Subd. 4.  [RESPONSE OF BUREAU.] The superintendent shall 
respond to a background check request within a reasonable time 
after receiving the signed, written document described in 
subdivision 2.  The superintendent's response shall be limited 
to a statement that the background check crime information 
contained in the document is or is not complete and accurate. 
    Subd. 5.  [NO DUTY.] Sections 18 to 22 do not create a duty 
to perform a background check. 
    Subd. 6.  [ADMISSIBILITY OF EVIDENCE.] Evidence or proof 
that a background check of a volunteer was not requested under 
sections 18 to 22 by a children's service provider is not 
admissible in evidence in any litigation against a nonprofit or 
charitable organization. 
    Sec. 21.  [299C.63] [EXCEPTION; OTHER LAWS.] 
    The superintendent is not required to respond to a 
background check request concerning a children's service worker 
who, as a condition of occupational licensure or employment, is 
subject to the background study requirements imposed by any 
statute or rule other than sections 18 to 22.  A background 
check performed on a licensee, license applicant, or employment 
applicant under this section does not satisfy the requirements 
of any statute or rule other than sections 18 to 22, that 
provides for background study of members of an individual's 
particular occupation.  
    Sec. 22.  [299C.64] [BCA IMMUNITY.] 
    The bureau of criminal apprehension is immune from any 
civil or criminal liability that might otherwise arise under 
sections 18 to 21, based on the accuracy or completeness of any 
records it receives from the Federal Bureau of Investigation, if 
the bureau acts in good faith. 
    Sec. 23.  [357.315] [COST OF EXHIBITS AND MEDICAL RECORDS.] 
    The cost of obtaining medical records used to prepare a 
claim, whether or not offered at trial, and the reasonable cost 
of exhibits shall be allowed in the taxation of costs. 
    Sec. 24.  Minnesota Statutes 1990, section 388.23, 
subdivision 1, is amended to read: 
    Subdivision 1.  [AUTHORITY.] The county attorney, or any 
deputy or assistant county attorney whom the county attorney 
authorizes in writing, has the authority in that county to 
subpoena and require the production of any records of telephone 
companies, cellular phone companies, paging companies, electric 
companies, gas companies, water utilities, chemical suppliers, 
hotels and motels, airlines, buses, taxis, and other entities 
engaged in the business of transporting people, and freight 
companies, warehousing companies, package delivery companies, 
and other entities engaged in the businesses of transport, 
storage, or delivery, and records of the existence of safe 
deposit box account numbers and customer savings and checking 
account numbers maintained by financial institutions and safe 
deposit companies.  Subpoenas may only be issued for records 
that are relevant to an ongoing legitimate law enforcement 
investigation.  
    Sec. 25.  Minnesota Statutes 1990, section 609.168, is 
amended to read: 
    609.168 [EFFECT OF ORDER.] 
    Except as otherwise provided in this section, where an 
order is entered by the court setting aside the conviction the 
person shall be deemed not to have been previously convicted.  
An order setting aside a conviction for a crime of violence, as 
defined in section 624.712, subdivision 5, must provide that the 
person is not entitled to ship, transport, possess, or receive a 
firearm until ten years have elapsed since the order was entered 
and during that time the person was not convicted of any other 
crime of violence.  Any person who has received an order setting 
aside a conviction and who thereafter has received a relief of 
disability under United States Code, title 18, section 925, 
shall not be subject to the restrictions of this subdivision.  
    The record of a conviction set aside under this section 
shall not be destroyed, but shall be sealed and may be opened 
only upon court order for purposes of a criminal investigation, 
prosecution, or sentencing. 
    Sec. 26.  Minnesota Statutes 1991 Supplement, section 
609.535, subdivision 6, is amended to read: 
    Subd. 6.  [RELEASE OF ACCOUNT INFORMATION TO LAW 
ENFORCEMENT AUTHORITIES.] A drawee shall release the information 
specified below to any state, county, or local law enforcement 
or prosecuting authority which certifies in writing that it is 
investigating or prosecuting a complaint against the drawer 
under this section or section 609.52, subdivision 2, clause 
(3)(a), and that 15 days have elapsed since the mailing of the 
notice of dishonor required by subdivisions 3 and 8.  This 
subdivision applies to the following information relating to the 
drawer's account:  
    (1) Documents relating to the opening of the account by the 
drawer and to the closing of the account; 
    (2) Notices regarding nonsufficient funds, overdrafts, and 
the dishonor of any check drawn on the account within a period 
of six months of the date of request; 
    (3) Periodic statements mailed to the drawer by the drawee 
for the periods immediately prior to, during, and subsequent to 
the issuance of any check which is the subject of the 
investigation or prosecution; or 
    (4) The last known home and business addresses and 
telephone numbers of the drawer.  
    The drawee shall release all of the information described 
in clauses (1) to (4) that it possesses within ten days after 
receipt of a request conforming to all of the provisions of this 
subdivision.  The drawee may not impose a fee for furnishing 
this information to law enforcement or prosecuting authorities.  
    A drawee is not liable in a criminal or civil proceeding 
for releasing information in accordance with this subdivision. 
    Sec. 27.  [611A.19] [TESTING OF SEX OFFENDER FOR HUMAN 
IMMUNODEFICIENCY VIRUS.] 
    Subdivision 1.  [TESTING ON REQUEST OF VICTIM.] (a) The 
sentencing court may issue an order requiring a person convicted 
of violating section 609.342, 609.343, 609.344, or 609.345, to 
submit to testing to determine the presence of human 
immunodeficiency virus (HIV) antibody if:  
    (1) the prosecutor moves for the test order in camera; 
    (2) the victim requests the test; and 
    (3) evidence exists that the broken skin or mucous membrane 
of the victim was exposed to or had contact with the offender's 
semen or blood during commission of the crime.  
    (b) If the court grants the prosecutor's motion, the court 
shall order that the test be performed by an appropriate health 
professional and that no reference to the test, the motion 
requesting the test, the test order, or the test results may 
appear in the criminal record or be maintained in any record of 
the court or court services. 
    Subd. 2.  [DISCLOSURE OF TEST RESULTS.] The date and 
results of any test performed under subdivision 1 are private 
data as defined in section 13.02, subdivision 12, when 
maintained by a person subject to chapter 13, or may be released 
only with the subject's consent, if maintained by a person not 
subject to chapter 13.  The results are available, on request, 
to the victim or, if the victim is a minor, to the victim's 
parent or guardian and positive test results shall be reported 
to the commissioner of health.  Any test results given to a 
victim or victim's parent or guardian shall be provided by a 
health professional who is trained to provide the counseling 
described in section 144.763.  Data regarding administration and 
results of the test are not accessible to any other person for 
any purpose and shall not be maintained in any record of the 
court or court services or any other record.  After the test 
results are given to the victim or the victim's parent or 
guardian, data on the test must be removed from any medical data 
or health records maintained under section 13.42 or 144.335 and 
destroyed. 
    Sec. 28.  Minnesota Statutes 1990, section 611A.20, 
subdivision 2, is amended to read: 
    Subd. 2.  [CONTENTS OF NOTICE.] The commissioners of public 
safety and corrections, in consultation with sexual assault 
victim advocates and health care professionals, shall develop 
the notice required by subdivision 1.  The notice must inform 
the victim of: 
    (1) the risk of contracting sexually transmitted diseases 
as a result of a sexual assault; 
    (2) the symptoms of sexually transmitted diseases; 
    (3) recommendations for periodic testing for the diseases, 
where appropriate; 
    (4) locations where confidential testing is done and the 
extent of the confidentiality provided; and 
    (5) information necessary to make an informed decision 
whether to request a test of the offender under section 27; and 
    (6) other medically relevant information. 
    Sec. 29.  Minnesota Statutes 1990, section 626.14, is 
amended to read: 
    626.14 [TIME OF SERVICE.] 
    A search warrant may be served only in the daytime between 
the hours of 7:00 a.m. and 8:00 p.m. unless the court determines 
on the basis of facts stated in the affidavits that a nighttime 
search outside those hours is necessary to prevent the loss, 
destruction, or removal of the objects of the search or to 
protect the searchers or the public.  The search warrant shall 
state that it may be served only in the daytime between the 
hours of 7:00 a.m. and 8:00 p.m. unless a nighttime 
search outside those hours is authorized. 
    Sec. 30.  Minnesota Statutes 1990, section 638.02, 
subdivision 2, is amended to read: 
    Subd. 2.  Any person, convicted of a crime in any court of 
this state, who has served the sentence imposed by the court and 
has been discharged of the sentence either by order of court or 
by operation of law, may petition the board of pardons for the 
granting of a pardon extraordinary.  Unless the board of pardons 
expressly provides otherwise in writing by unanimous vote, the 
application for a pardon extraordinary may not be filed until 
the applicable time period in clause (1) or (2) has elapsed: 
    (1) if the person was convicted of a crime of violence as 
defined in section 624.712, subdivision 5, ten years must have 
elapsed since the sentence was discharged and during that time 
the person must not have been convicted of any other crime; and 
    (2) if the person was convicted of any crime not included 
within the definition of crime of violence under section 
624.712, subdivision 5, five years must have elapsed since the 
sentence was discharged and during that time the person must not 
have been convicted of any other crime.  
If the board of pardons shall determine determines that such 
the person has been convicted of no criminal acts other than the 
act upon which such conviction was founded and is of good 
character and reputation, the board may, in its discretion, 
grant to such the person a pardon extraordinary.  Such The 
pardon extraordinary, when granted, shall have has the effect of 
restoring such person to all civil rights, and shall have the 
effect of setting aside and nullifying the conviction and 
nullifying the same and of purging such the person thereof of 
it, and such the person shall never thereafter after that be 
required to disclose the conviction at any time or place other 
than in a judicial proceeding thereafter instituted. 
    The application for such a pardon extraordinary and, the 
proceedings thereunder to review an application, and the notice 
thereof shall be requirements are governed by the statutes and 
the rules of the board in respect to other proceedings before 
the board and.  The application shall contain such any further 
information as that the board may require.  
    Unless the board of pardons expressly provides otherwise in 
writing by unanimous vote, if the person was convicted of a 
crime of violence, as defined in section 624.712, subdivision 5, 
the pardon extraordinary must expressly provide that the pardon 
does not entitle the person to ship, transport, possess, or 
receive a firearm until ten years have elapsed since the 
sentence was discharged and during that time the person was not 
convicted of any other crime of violence. 
    Sec. 31.  Minnesota Statutes 1991 Supplement, section 
638.02, subdivision 3, is amended to read: 
    Subd. 3.  Upon granting a pardon extraordinary the board of 
pardons shall file a copy thereof of it with the district court 
of the county in which the conviction occurred, and the court 
shall order the conviction set aside and include a copy of the 
pardon in the court file.  The court shall send a copy of its 
order and the pardon to the bureau of criminal apprehension. 
    Sec. 32.  Minnesota Statutes 1990, section 638.02, 
subdivision 4, is amended to read: 
    Subd. 4.  Any person granted a pardon extraordinary by the 
board of pardons prior to April 12, 1974 may apply to the 
district court of the county in which the conviction occurred 
for an order setting aside the conviction and sealing all such 
records as set forth in subdivision 3.  
    Sec. 33.  Minnesota Statutes 1991 Supplement, section 
638.05, is amended to read: 
    638.05 [APPLICATION FOR PARDON.] 
    Every application for a relief by the pardon or commutation 
of sentence board shall be in writing, addressed to the board of 
pardons, signed under oath by the convict or someone in the 
convict's behalf, shall state concisely the grounds upon which 
the pardon or commutation relief is sought, and in addition 
shall contain the following facts: 
    (1) The name under which the convict was indicted, and 
every alias by which the convict is or was known; 
    (2) The date and terms of sentence, and the names of the 
offense for which it was imposed; 
    (3) The name of the trial judge and the county attorney who 
participated in the trial of the convict, together with that of 
the county of trial; 
    (4) A succinct statement of the evidence adduced at the 
trial, with the endorsement of the judge or county attorney who 
tried the case that the same statement is substantially 
correct;.  If such this statement and endorsement are not 
furnished, the reason thereof for failing to furnish them shall 
be stated; 
    (5) The age, birthplace, and occupation and residence of 
the convict during five years immediately preceding conviction; 
    (6) A statement of other arrests, indictments, and 
convictions, if any, of the convict.  
    Every application for a relief by the pardon or commutation 
of sentence board shall contain a statement by the applicant 
consenting to the disclosure to the board of any private data 
concerning the applicant contained in the application or in any 
other record relating to the grounds on which the pardon or 
commutation relief is sought.  In addition, if the applicant 
resided in another state after the sentence was discharged, the 
application for relief by the pardon board shall contain a 
statement by the applicant consenting to the disclosure to the 
board of any data concerning the applicant that was collected or 
maintained by the foreign state relating to the grounds on which 
the relief is sought, including disclosure of criminal arrest 
and conviction records. 
    Sec. 34.  Minnesota Statutes 1991 Supplement, section 
638.06, is amended to read: 
    638.06 [ACTION ON APPLICATION.] 
    Every such application for relief by the pardon board shall 
be filed with the clerk secretary of the board of pardons not 
less than 60 days before the meeting of the board at which 
consideration of the application is desired.  If an application 
for a pardon or commutation has been once heard and denied on 
the merits, no subsequent application shall be filed without the 
consent of two members of the board endorsed thereon on the 
application.  The clerk shall, Immediately on receipt of any 
application, the secretary to the board shall mail notice 
thereof of the application, and of the time and place of hearing 
thereon on it, to the judge of the court wherein where the 
applicant was tried and sentenced, and to the prosecuting 
attorney who prosecuted the applicant, or a successor in 
office.  Additionally, the secretary shall publish notice of an 
application for a pardon extraordinary in the local newspaper of 
the county where the crime occurred.  The clerk secretary shall 
also make all reasonable efforts to locate any victim of the 
applicant's crime.  The clerk secretary shall mail notice of the 
application and the time and place of the hearing to any victim 
who is located.  This notice shall specifically inform the 
victim of the victim's right to be present at the hearing and to 
submit an oral or written statement to the board as provided in 
section 638.04. 
    Sec. 35.  [638.075] [ANNUAL REPORTS TO LEGISLATURE.] 
    By February 15 of each year, the board of pardons shall 
file a written report with the legislature containing the 
following information: 
    (1) the number of applications received by the board during 
the preceding calendar year for pardons, pardons extraordinary, 
and commutations of sentence; 
    (2) the number of applications granted by the board for 
each category; and 
    (3) the crimes for which the applications were granted by 
the board, the year of each conviction, and the age of the 
offender at the time of the offense. 
    Sec. 36.  Laws 1990, chapter 566, section 9, is amended to 
read: 
    Sec. 9.  [REPEALER.] 
    Section 2 is repealed effective July 31, 1992 1994. 
    Sec. 37.  [CRIMINAL BACKGROUND CHECK STUDY.] 
    The department of administration, with the technical 
assistance of the bureau of criminal apprehension, shall conduct 
a study to determine the feasibility, cost, and impact of 
conducting background checks of (1) criminal arrest data and (2) 
criminal history data from the federal bureau of investigation 
on children's service workers pursuant to sections 18 to 22.  
The department shall report its recommendations to the 
legislature by January 15, 1993. 
    Sec. 38.  [SUPREME COURT; UNIFORM ORDER TO SET ASIDE 
CONVICTION.] 
    The supreme court shall, by rule, develop a standardized 
form to be used by district courts in entering orders to set 
aside a conviction under Minnesota Statutes, section 638.02, 
subdivision 3. 
    Sec. 39.  [PARDON BOARD; REVIEW OF STAFFING AND WORKLOAD.] 
    No later than one year after the effective date of sections 
30 to 34, the board of pardons may assess whether it has 
adequate staff, resources, and procedures to perform the duties 
imposed on the board by Minnesota Statutes, chapter 638. 
    Sec. 40.  [TELEPHONE ASSISTANCE PLAN.] 
    Notwithstanding Minnesota Statutes, section 13.46, 
subdivision 2, until August 1, 1993, welfare data collected by 
the telephone assistance plan may be disclosed to the department 
of revenue to conduct an electronic data match to the extent 
necessary to determine eligibility under Minnesota Statutes, 
section 237.70, subdivision 4a. 
    Sec. 41.  [APPROPRIATION.] 
    $10,000 is appropriated from the general fund to the 
commissioner of corrections, for the fiscal year ending June 30, 
1993, to be used to computerize the records maintained by the 
board of pardons and to permit the board to provide statistical 
analysis of the board's records, as necessary. 
    Sec. 42.  [EFFECTIVE DATE.] 
    Section 12 is effective the day following final enactment 
and applies to immunizations administered before, on, or after 
the effective date.  Sections 13, 14, 16, 17, and 25 are 
effective October 1, 1992.  Sections 27 and 28 are effective 
January 1, 1993, and apply to crimes committed on or after that 
date.  Sections 30, 31, 32, 33, and 34 are effective June 1, 
1992. 
    Presented to the governor April 17, 1992 
    Signed by the governor April 29, 1992, 8:17 a.m.