Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                        CHAPTER 351-H.F.No. 1245 
           An act relating to data practices; providing for the 
          collection, classification, and dissemination of data; 
          proposing classifications of data as not public; 
          classifying certain licensing data, educational data, 
          security service data, motor carrier operating data, 
          retirement data and other forms of data; amending 
          Minnesota Statutes 1992, sections 13.32, subdivisions 
          1, 3, and 6; 13.41, subdivision 4; 13.43, subdivision 
          2, and by adding a subdivision; 13.46, subdivisions 1, 
          2, and 4; 13.643; 13.692; 13.72, by adding a 
          subdivision; 13.792; 13.82, subdivisions 4, 6, and 10; 
          13.99, subdivision 24, and by adding subdivisions; 
          115A.93, by adding a subdivision; 144.335, subdivision 
          3a, and by adding a subdivision; 169.09, subdivisions 
          7 and 13; 245A.04, subdivision 3; 260.161, 
          subdivisions 1 and 3; 270B.12, by adding a 
          subdivision; 270B.14, subdivisions 1, 8, and by adding 
          a subdivision; 299L.03, by adding a subdivision; and 
          626.556, subdivisions 11 and 11c; proposing coding for 
          new law in Minnesota Statutes, chapters 6; 13; and 
          144; repealing Minnesota Statutes 1992, section 13.644.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  [6.715] [CLASSIFICATION OF STATE AUDITOR'S 
DATA.] 
    Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
section, "audit" means an examination, financial audit, 
compliance audit, or investigation performed by the state 
auditor. 
    (b) The definitions in section 13.02 apply to this section. 
    Subd. 2.  [CLASSIFICATION.] Data relating to an audit are 
protected nonpublic data or confidential data on individuals, 
until the final report of the audit has been published or the 
audit is no longer being actively pursued.  Data that support 
the conclusions of the report and that the state auditor 
reasonably believes will result in litigation are protected 
nonpublic data or confidential data on individuals, until the 
litigation has been completed or is no longer being actively 
pursued.  Data on individuals 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 were 
needed for 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, or the state auditor 
reasonably believes that the subject would not have provided the 
data.  Data that could reasonably be used to determine the 
identity of an individual supplying data pursuant to section 
609.456 are private.  
    Subd. 3.  [LAW ENFORCEMENT.] Notwithstanding any provision 
to the contrary in subdivision 2, the state auditor may share 
data relating to an audit with appropriate local law enforcement 
agencies. 
    Sec. 2.  Minnesota Statutes 1992, section 13.32, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DEFINITIONS.] As used in this section: 
    (a) "Educational data" means data on individuals maintained 
by a public educational agency or institution or by a person 
acting for the agency or institution which relates to a student. 
    Records of instructional personnel which are in the sole 
possession of the maker thereof and are not accessible or 
revealed to any other individual except a substitute teacher, 
and are destroyed at the end of the school year, shall not be 
deemed to be government data.  
    Records of a law enforcement unit of a public educational 
agency or institution which are maintained apart from education 
data and are maintained solely for law enforcement purposes, and 
are not disclosed to individuals other than law enforcement 
officials of the jurisdiction are confidential not educational 
data; provided, that education records maintained by the 
educational agency or institution are not disclosed to the 
personnel of the law enforcement unit.  The University of 
Minnesota police department is a law enforcement agency for 
purposes of section 13.82 and other sections of Minnesota 
Statutes dealing with law enforcement records.  Records of 
organizations providing security services to a public 
educational agency or institution must be administered 
consistent with section 13.861. 
    Records relating to a student who is employed by a public 
educational agency or institution which are made and maintained 
in the normal course of business, relate exclusively to the 
individual in that individual's capacity as an employee, and are 
not available for use for any other purpose are classified 
pursuant to section 13.43.  
    (b) "Student" means an individual currently or formerly 
enrolled or registered, applicants for enrollment or 
registration at a public educational agency or institution, or 
individuals who receive shared time educational services from a 
public agency or institution. 
    (c) "Substitute teacher" means an individual who performs 
on a temporary basis the duties of the individual who made the 
record, but does not include an individual who permanently 
succeeds to the position of the maker of the record. 
    Sec. 3.  Minnesota Statutes 1992, section 13.32, 
subdivision 3, is amended to read: 
    Subd. 3.  [PRIVATE DATA; WHEN DISCLOSURE IS PERMITTED.] 
Except as provided in subdivision 5, educational data is private 
data on individuals and shall not be disclosed except as follows:
    (a) Pursuant to section 13.05; 
    (b) Pursuant to a valid court order; 
    (c) Pursuant to a statute specifically authorizing access 
to the private data; 
    (d) To disclose information in health and safety 
emergencies pursuant to the provisions of United States Code, 
title 20, section 1232g(b)(1)(I) and Code of Federal 
Regulations, title 34, section 99.36 which are in effect on July 
1, 1989 1993; 
    (e) Pursuant to the provisions of United States Code, title 
20, sections 1232g(b)(1), (b)(4)(A), (b)(4)(B), (b)(1)(B), 
(b)(3) and Code of Federal Regulations, title 34, sections 
99.31, 99.32, 99.33, 99.34, and 99.35 which are in effect on 
July 1, 1989 1993; or 
    (f) To appropriate health authorities to the extent 
necessary to administer immunization programs and for bona fide 
epidemiologic investigations which the commissioner of health 
determines are necessary to prevent disease or disability to 
individuals in the public educational agency or institution in 
which the investigation is being conducted; 
    (g) When disclosure is required for institutions that 
participate in a program under title IV of the Higher Education 
Act, United States Code, title 20, chapter 1092, in effect on 
July 1, 1993; or 
    (h) To the appropriate school district officials to the 
extent necessary under subdivision 6, annually to indicate the 
extent and content of remedial instruction, including the 
results of assessment testing and academic performance at a 
post-secondary institution during the previous academic year by 
a student who graduated from a Minnesota school district within 
two years before receiving the remedial instruction. 
    Sec. 4.  Minnesota Statutes 1992, section 13.32, 
subdivision 6, is amended to read: 
    Subd. 6.  [ADMISSIONS FORMS; REMEDIAL INSTRUCTION.] (a) 
Minnesota post-secondary education institutions, for purposes of 
reporting and research, may collect on the 1986-1987 admissions 
form, and disseminate to any public educational agency or 
institution the following data on individuals:  student sex, 
ethnic background, age, and disabilities.  The data shall not be 
required of any individual and shall not be used for purposes of 
determining the person's admission to an institution. 
    (b) A school district that receives information under 
subdivision 3, paragraph (h) from a post-secondary institution 
about an identifiable student shall maintain the data as 
educational data and use that data to conduct studies to improve 
instruction.  Public post-secondary systems annually shall 
provide summary data to the department of education indicating 
the extent and content of the remedial instruction received in 
each system during the prior academic year by, and the results 
of assessment testing and the academic performance of, students 
who graduated from a Minnesota school district within two years 
before receiving the remedial instruction.  The department shall 
evaluate the data and annually report its findings to the 
education committees of the legislature. 
    (c) This section supersedes any inconsistent provision of 
law.  
    Sec. 5.  Minnesota Statutes 1992, section 13.41, 
subdivision 4, is amended to read: 
    Subd. 4.  [PUBLIC DATA.] Licensing agency minutes, 
application data on licensees, orders for hearing, findings of 
fact, conclusions of law and specification of the final 
disciplinary action contained in the record of the disciplinary 
action are classified as public, pursuant to section 13.02, 
subdivision 15.  The entire record concerning the disciplinary 
proceeding is public data pursuant to section 13.02, subdivision 
15, in those instances where there is a public hearing 
concerning the disciplinary action.  If the licensee and the 
licensing agency agree to resolve a complaint without a hearing, 
the agreement and the specific reasons for the agreement are 
public data.  The license numbers, the license status, and 
continuing education records issued or maintained by the board 
of peace officer standards and training are classified as public 
data, pursuant to section 13.02, subdivision 15. 
    Sec. 6.  Minnesota Statutes 1992, section 13.43, 
subdivision 2, is amended to read: 
    Subd. 2.  [PUBLIC DATA.] (a) Except for employees described 
in subdivision 5, the following personnel data on current and 
former employees, volunteers, and independent contractors of a 
state agency, statewide system, or political subdivision and 
members of advisory boards or commissions is public:  name; 
actual gross salary; salary range; contract fees; actual gross 
pension; the value and nature of employer paid fringe benefits; 
the basis for and the amount of any added remuneration, 
including expense reimbursement, in addition to salary; job 
title; job description; education and training background; 
previous work experience; date of first and last employment; the 
existence and status of any complaints or charges against the 
employee, whether or not the complaint or charge resulted in a 
disciplinary action; the final disposition of any disciplinary 
action together with the specific reasons for the action and 
data documenting the basis of the action, excluding data that 
would identify confidential sources who are employees of the 
public body; the terms of any agreement settling administrative 
or judicial proceedings any dispute arising out of the 
employment relationship; work location; a work telephone number; 
badge number; honors and awards received; payroll time sheets or 
other comparable data that are only used to account for 
employee's work time for payroll purposes, except to the extent 
that release of time sheet data would reveal the employee's 
reasons for the use of sick or other medical leave or other not 
public data; and city and county of residence. 
    (b) For purposes of this subdivision, a final disposition 
occurs when the state agency, statewide system, or political 
subdivision makes its final decision about the disciplinary 
action, regardless of the possibility of any later proceedings 
or court proceedings.  In the case of arbitration proceedings 
arising under collective bargaining agreements, a final 
disposition occurs at the conclusion of the arbitration 
proceedings, or upon the failure of the employee to elect 
arbitration within the time provided by the collective 
bargaining agreement.  Final disposition includes a resignation 
by an individual when the resignation occurs after the final 
decision of the state agency, statewide system, political 
subdivision, or arbitrator. 
    (c) The state agency, statewide system, or political 
subdivision may display a photograph of a current or former 
employee to a prospective witness as part of the state agency's, 
statewide system's, or political subdivision's investigation of 
any complaint or charge against the employee. 
    Sec. 7.  Minnesota Statutes 1992, section 13.43, is amended 
by adding a subdivision to read: 
    Subd. 8.  [HARASSMENT DATA.] When allegations of sexual or 
other types of harassment are made against an employee, the 
employee does not have access to data that would identify the 
complainant or other witnesses if the responsible authority 
determines that the employee's access to that data would: 
    (1) threaten the personal safety of the complainant or a 
witness; or 
    (2) subject the complainant or witness to harassment. 
    If a disciplinary proceeding is initiated against the 
employee, data on the complainant or witness shall be available 
to the employee as may be necessary for the employee to prepare 
for the proceeding. 
    Sec. 8.  Minnesota Statutes 1992, section 13.46, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DEFINITIONS.] As used in this section: 
    (a) "Individual" means an individual pursuant to section 
13.02, subdivision 8, but does not include a vendor of services. 
    (b) "Program" includes all programs for which authority is 
vested in a component of the welfare system pursuant to statute 
or federal law, including, but not limited to, aid to families 
with dependent children, medical assistance, general assistance, 
work readiness, and general assistance medical care.  
    (c) "Welfare system" includes the department of human 
services, county welfare boards, county welfare agencies, human 
services boards, community mental health center boards, state 
hospitals, state nursing homes, the ombudsman for mental health 
and mental retardation, and persons, agencies, institutions, 
organizations, and other entities under contract to any of the 
above agencies to the extent specified in the contract. 
    (d) "Mental health data" means data on individual clients 
and patients of community mental health centers, established 
under section 245.62, mental health divisions of counties and 
other providers under contract to deliver mental health 
services, or the ombudsman for mental health and mental 
retardation. 
    (e) "Fugitive felon" means a person who has been convicted 
of a felony and who has escaped from confinement or violated the 
terms of probation or parole for that offense. 
    Sec. 9.  Minnesota Statutes 1992, 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; 
    (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; 
    (12) to the county medical examiner or the county coroner 
for identifying or locating relatives or friends of a deceased 
person; or 
    (13) data on a child support obligor who makes payments to 
the public agency may be disclosed to the higher education 
coordinating board to the extent necessary to determine 
eligibility under section 136A.121, subdivision 2, clause (5).; 
    (14) participant social security numbers and names 
collected by the telephone assistance program may be disclosed 
to the department of revenue to conduct an electronic data match 
with the property tax refund database to determine eligibility 
under section 237.70, subdivision 4a; 
    (15) the current address of a recipient of aid to families 
with dependent children, medical assistance, general assistance, 
work readiness, or general assistance medical care may be 
disclosed to law enforcement officers who provide the name and 
social security number of the recipient and satisfactorily 
demonstrate that:  (i) the recipient is a fugitive felon, 
including the grounds for this determination; (ii) the location 
or apprehension of the felon is within the law enforcement 
officer's official duties; and (iii) the request is made in 
writing and in the proper exercise of those duties; or 
    (16) information obtained from food stamp applicant or 
recipient households may be disclosed to local, state, or 
federal law enforcement officials, upon their written request, 
for the purpose of investigating an alleged violation of the 
food stamp act, in accordance with Code of Federal Regulations, 
title 7, section 272.1(c). 
    (b) Information on persons who have been treated for drug 
or alcohol abuse may only be disclosed in accordance with the 
requirements of Code of Federal Regulations, title 42, sections 
2.1 to 2.67. 
    (c) Data provided to law enforcement agencies under 
paragraph (a), clause (15) or (16), or paragraph (b) are 
investigative data and are confidential or protected nonpublic 
while the investigation is active.  The data are private after 
the investigation becomes inactive under section 13.82, 
subdivision 5, paragraph (a) or (b). 
    (d) 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. 10.  Minnesota Statutes 1992, 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 
on current and former licensees are public:  name, address, 
telephone number of licensees, licensed capacity, type of client 
preferred, variances granted, type of dwelling, name and 
relationship of other family members, previous license history, 
class of license, and the existence and status of complaints.  
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, conclusions of 
law, and specifications of the final disciplinary action 
contained in the record of disciplinary action.  
    The following data on persons licensed under section 
245A.04 to provide family day care for children, child care 
center services, foster care for children in the provider's 
home, or foster care or day care services for adults in the 
provider's home, are public:  the nature of any disqualification 
set aside under section 245A.04, subdivision 3b, and the reasons 
for setting aside the disqualification; and the reasons for 
granting any variance under section 245A.04, subdivision 9. 
    (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, 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. 11.  [13.63] [MINNEAPOLIS EMPLOYEES RETIREMENT FUND 
DATA.] 
    Subdivision 1.  [BENEFICIARY AND SURVIVOR DATA.] The 
following data on beneficiaries and survivors of Minneapolis 
employees retirement fund members are private data on 
individuals:  home address, date of birth, direct deposit 
account number, and tax withholding data. 
    Subd. 2.  [LIMITS ON DISCLOSURE.] Required disclosure of 
data about members, survivors, and beneficiaries is limited to 
name, gross pension, and type of benefit awarded. 
    Sec. 12.  Minnesota Statutes 1992, section 13.643, is 
amended to read: 
    13.643 [DEPARTMENT OF AGRICULTURE DATA.] 
    Subdivision 1.  [LOAN AND GRANT APPLICANT 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. 
    Subd. 2.  [FARM ADVOCATE DATA.] The following data supplied 
by farmer clients to Minnesota farm advocates and to the 
department of agriculture are private data on individuals:  
financial history, including listings of assets and debts, and 
personal and emotional status information. 
    Sec. 13.  Minnesota Statutes 1992, section 13.692, is 
amended to read: 
    13.692 [DEPARTMENT OF PUBLIC SERVICE DATA.] 
    Subdivision 1.  [TENANT.] Data collected by the department 
of public service that reveals the identity of a tenant who 
makes a complaint regarding energy efficiency standards for 
rental housing are private data on individuals.  
    Subd. 2.  [UTILITY OR TELEPHONE COMPANY EMPLOYEE OR 
CUSTOMER.] (a) The following are private data on individuals:  
data collected by the department of public service or the public 
utilities commission, including the names or any other data that 
would reveal the identity of either an employee or customer of a 
telephone company or public utility who files a complaint or 
provides information regarding a violation or suspected 
violation by the telephone company or public utility of any 
federal or state law or rule; except this data may be released 
as needed to law enforcement authorities. 
    (b) The following are private data on individuals:  data 
collected by the commission or the department of public service 
on individual public utility or telephone company customers or 
prospective customers, including copies of tax forms, needed to 
administer federal or state programs that provide relief from 
telephone company bills, public utility bills, or cold weather 
disconnection.  The determination of eligibility of the 
customers or prospective customers may be released to public 
utilities or telephone companies to administer the programs. 
    Sec. 14.  Minnesota Statutes 1992, section 13.72, is 
amended by adding a subdivision to read: 
    Subd. 8.  [MOTOR CARRIER OPERATING DATA.] The following 
data submitted by Minnesota intrastate motor carriers to the 
department of transportation are nonpublic data:  all payroll 
reports including wages, hours or miles worked, hours earned, 
employee benefit data, and terminal and route-specific operating 
data including percentage of revenues paid to agent operated 
terminals, line-haul load factors, pickup and delivery (PUD) 
activity, and peddle driver activity. 
    Sec. 15.  Minnesota Statutes 1992, section 13.792, is 
amended to read: 
    13.792 [MINNESOTA ZOOLOGICAL GARDEN PRIVATE DONOR GIFT 
DATA.] 
    The following data maintained by the Minnesota zoological 
garden, a community college, a technical college, the University 
of Minnesota, a Minnesota state university, and any related 
entity subject to chapter 13 are classified as private or 
nonpublic: 
    (1) research information about prospects and donors 
gathered to aid in determining appropriateness of solicitation 
and level of gift request; 
    (2) specific data in prospect lists that would identify 
prospects to be solicited, dollar amounts to be requested, and 
name of solicitor; 
    (3) portions of solicitation letters and proposals that 
identify the prospect being solicited and the dollar amount 
being requested; 
    (4) letters, pledge cards, and other responses received 
from donors regarding prospective donors gifts in response to 
solicitations; 
    (5) portions of thank-you letters and other gift 
acknowledgment communications that would identify the name of 
the donor and the specific amount of the gift, pledge, or pledge 
payment; and 
    (6) donor financial or estate planning information, or 
portions of memoranda, letters, or other documents commenting on 
any donor's financial circumstances; and 
    (7) data detailing dates of gifts, payment schedule of 
gifts, form of gifts, and specific gift amounts made by 
donors to the Minnesota zoo. 
    Names of donors and gift ranges are public data. 
    Sec. 16.  Minnesota Statutes 1992, section 13.82, 
subdivision 4, is amended to read: 
    Subd. 4.  [RESPONSE OR INCIDENT DATA.] The following data 
created or collected by law enforcement agencies which documents 
the agency's response to a request for service including, but 
not limited to, responses to traffic accidents, or which 
describes actions taken by the agency on its own initiative 
shall be public government data:  
    (a) date, time and place of the action; 
    (b) agencies, units of agencies and individual agency 
personnel participating in the action unless the identities of 
agency personnel qualify for protection under subdivision 10; 
    (c) any resistance encountered by the agency; 
    (d) any pursuit engaged in by the agency; 
    (e) whether any weapons were used by the agency or other 
individuals; 
    (f) a brief factual reconstruction of events associated 
with the action; 
    (g) names and addresses of witnesses to the agency action 
or the incident unless the identity of any witness qualifies for 
protection under subdivision 10; 
    (h) names and addresses of any victims or casualties unless 
the identities of those individuals qualify for protection under 
subdivision 10; 
    (i) the name and location of the health care facility to 
which victims or casualties were taken; 
    (j) response or incident report number; and 
    (k) dates of birth of the parties involved in a traffic 
accident; and 
    (l) whether the parties involved were wearing seat belts. 
    Sec. 17.  Minnesota Statutes 1992, section 13.82, 
subdivision 6, is amended to read: 
    Subd. 6.  [ACCESS TO DATA FOR CRIME VICTIMS.] On receipt of 
a written request, the prosecuting authority shall release 
investigative data collected by a law enforcement agency to the 
victim of a criminal act or alleged criminal act or to the 
victim's legal representative upon written request unless the 
prosecuting authority reasonably believes:  
    (a) That the release of that data will interfere with the 
investigation; or 
    (b) That the request is prompted by a desire on the part of 
the requester to engage in unlawful activities.  
    Sec. 18.  Minnesota Statutes 1992, section 13.82, 
subdivision 10, is amended to read: 
    Subd. 10.  [PROTECTION OF IDENTITIES.] A law enforcement 
agency or a law enforcement dispatching agency working under 
direction of a law enforcement agency may withhold public access 
to data on individuals to protect the identity of individuals in 
the following circumstances: 
    (a) when access to the data would reveal the identity of an 
undercover law enforcement officer; 
    (b) when access to the data would reveal the identity of a 
victim of criminal sexual conduct or of a violation of section 
617.246, subdivision 2; 
    (c) when access to the data would reveal the identity of a 
paid or unpaid informant being used by the agency if the agency 
reasonably determines that revealing the identity of the 
informant would threaten the personal safety of the informant; 
    (d) when access to the data would reveal the identity of a 
victim of or witness to a crime if the victim or witness 
specifically requests not to be identified publicly, and the 
agency reasonably determines that revealing the identity of the 
victim or witness would threaten the personal safety or property 
of the individual; 
    (e) when access to the data would reveal the identity of a 
deceased person whose body was unlawfully removed from a 
cemetery in which it was interred; or 
    (f) when access to the data would reveal the identity of a 
person who placed a call to a 911 system or the identity or 
telephone number of a service subscriber whose phone is used to 
place a call to the 911 system and:  (1) the agency determines 
that revealing the identity may threaten the personal safety or 
property of any person; or (2) the object of the call is to 
receive help in a mental health emergency.  For the purposes of 
this paragraph, a voice recording of a call placed to the 911 
system is deemed to reveal the identity of the caller.  Data 
concerning individuals whose identities are protected by this 
subdivision are private data about those individuals.  Law 
enforcement agencies shall establish procedures to acquire the 
data and make the decisions necessary to protect the identity of 
individuals described in clause (d). 
    Sec. 19.  [13.861] [SECURITY SERVICE DATA.] 
    Subdivision 1.  [DEFINITIONS.] As used in this section: 
    (a) "Security service" means an organization that provides 
security services to a state agency or political subdivision as 
a part of the governmental entity or under contract to it.  
Security service does not include a law enforcement agency. 
    (b) "Security service data" means all data collected, 
created, or maintained by a security service for the purpose of 
providing security services. 
    Subd. 2.  [CLASSIFICATION.] Security service data that are 
similar to the data described as request for service data and 
response or incident data in section 13.82, subdivisions 3 and 
4, are public.  If personnel of a security service make a 
citizen's arrest then any security service data that are similar 
to the data described as arrest data in section 13.82, 
subdivision 2, are public.  If a security service participates 
in but does not make an arrest it shall, upon request, provide 
data that identify the arresting law enforcement agency.  All 
other security service data are security information pursuant to 
section 13.37. 
    Sec. 20.  Minnesota Statutes 1992, section 13.99, is 
amended by adding a subdivision to read: 
    Subd. 3a.  [STATE AUDITOR DATA.] Data relating to an audit 
under chapter 6 are classified under section 6.715. 
    Sec. 21.  Minnesota Statutes 1992, section 13.99, 
subdivision 24, is amended to read: 
    Subd. 24.  [SOLID WASTE FACILITY RECORDS.] (a) 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. 
    (b) Customer lists provided to counties or cities by solid 
waste collectors are classified under section 115A.93. 
    Sec. 22.  Minnesota Statutes 1992, section 13.99, is 
amended by adding a subdivision to read: 
    Subd. 92a.  [GAMBLING ENFORCEMENT INVESTIGATIVE DATA.] Data 
provided to the director of the division of gambling enforcement 
by a governmental entity located outside Minnesota for use in an 
authorized investigation, audit, or background check are 
governed by section 299L.03, subdivision 11. 
    Sec. 23.  Minnesota Statutes 1992, section 115A.93, is 
amended by adding a subdivision to read: 
    Subd. 5.  [CUSTOMER DATA.] Customer lists provided to 
counties or cities by solid waste collectors are private data on 
individuals as defined in section 13.02, subdivision 12, with 
regard to data on individuals, or nonpublic data as defined in 
section 13.02, subdivision 9, with regard to data not on 
individuals. 
    Sec. 24.  Minnesota Statutes 1992, 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. 
    (f) Upon the written request of a spouse, parent, child, or 
sibling of a patient being evaluated for or diagnosed with 
mental illness, a provider shall inquire of a patient whether 
the patient wishes to authorize a specific individual to receive 
information regarding the patient's current and proposed course 
of treatment.  If the patient so authorizes, the provider shall 
communicate to the designated individual the patient's current 
and proposed course of treatment.  Paragraph (a) applies to 
consents given under this paragraph. 
    Sec. 25.  Minnesota Statutes 1992, section 144.335, is 
amended by adding a subdivision to read: 
    Subd. 3c.  [INDEPENDENT MEDICAL EXAMINATION.] This section 
applies to the subject and provider of an independent medical 
examination requested by or paid for by a third party.  
Notwithstanding subdivision 3a, a provider may release health 
records created as part of an independent medical examination to 
the third party who requested or paid for the examination. 
    Sec. 26.  [144.6581] [DETERMINATION OF WHETHER DATA 
IDENTIFIES INDIVIDUALS.] 
    The commissioner of health may:  (1) withhold access to 
health or epidemiologic data if the commissioner determines the 
data are data on an individual, as defined in section 13.02, 
subdivision 5; or (2) grant access to health or epidemiologic 
data, if the commissioner determines the data are summary data 
as defined in section 13.02, subdivision 19.  In the exercise of 
this discretion, the commissioner shall consider whether the 
data requested, alone or in combination, may constitute 
information from which an individual subject of data may be 
identified using epidemiologic methods.  In making this 
determination, the commissioner shall consider disease 
incidence, associated risk factors for illness, and similar 
factors unique to the data by which it could be linked to a 
specific subject of the data.  This discretion is limited to 
health or epidemiologic data maintained by the commissioner of 
health or a board of health, as defined in section 145A.02. 
    Sec. 27.  Minnesota Statutes 1992, section 169.09, 
subdivision 7, is amended to read: 
    Subd. 7.  [ACCIDENT REPORT TO COMMISSIONER.] The driver of 
a vehicle involved in an accident resulting in bodily injury to 
or death of any person or total property damage to an apparent 
extent of $500 or more, shall forward a written report of the 
accident to the commissioner of public safety within ten days 
thereof.  On the required report, the driver shall provide the 
commissioner with the name and policy number of the insurer 
providing vehicle liability coverage at the time of the 
accident.  On determining that the original report of any driver 
of a vehicle involved in an accident of which report must be 
made as provided in this section is insufficient, the 
commissioner of public safety may require the driver to file 
supplementary reports.  
    Sec. 28.  Minnesota Statutes 1992, section 169.09, 
subdivision 13, is amended to read: 
    Subd. 13.  [ACCIDENT REPORTS CONFIDENTIAL; FEE, 
PENALTY.] (a) All written reports and supplemental reports 
required under this section to be provided to the department of 
public safety shall be without prejudice to the individual so 
reporting and shall be for the confidential use of the 
department commissioner of public safety and other appropriate 
state, federal, county, and municipal governmental agencies for 
accident analysis purposes, except that the department: 
    (1) the commissioner of public safety or any law 
enforcement department of any municipality or county in this 
state agency shall, upon written request of any person involved 
in an accident or upon written request of the representative of 
the person's estate, surviving spouse, or one or more surviving 
next of kin, or a trustee appointed pursuant to section 573.02, 
disclose to the requester, the requester's legal counsel or a 
representative of the requester's insurer any information 
contained therein except the parties' version of the accident as 
set out in the written report filed by the parties or may 
disclose identity of a person involved in an accident when the 
identity is not otherwise known or when the person denies 
presence at the accident.  No report shall be used as evidence 
in any trial, civil or criminal, arising out of an accident, 
except that the department of public safety shall furnish upon 
the demand of any person who has, or claims to have, made a 
report, or, upon demand of any court, a certificate showing that 
a specified accident report has or has not been made to the 
department of public safety solely to prove a compliance or a 
failure to comply with the requirements that the report be made 
to the department of public safety.  Disclosing any information 
contained in any accident report, except as provided herein, is 
unlawful and a misdemeanor. 
    Nothing herein shall be construed to prevent any person who 
has made a report pursuant to this chapter from providing 
information to any persons involved in an accident or their 
representatives or from testifying in any trial, civil or 
criminal, arising out of an accident, as to facts within the 
person's knowledge.  It is intended by this subdivision to 
render privileged the reports required but it is not intended to 
prohibit proof of the facts to which the reports relate.  
Response or incident data may be released pursuant to section 
13.82, subdivision 4. 
    When these reports are released for accident analysis 
purposes the identity of any involved person shall not be 
revealed.  Data contained in these reports shall only be used 
for accident analysis purposes, except as otherwise provided by 
this subdivision.  Accident reports and data contained therein 
which may be in the possession or control of departments or 
agencies other than the department of public safety shall not be 
discoverable under any provision of law or rule of court. 
    Notwithstanding other provisions of this subdivision to the 
contrary, the report required under subdivision 8; 
    (2) the commissioner of public safety shall, upon written 
request, provide the driver filing a report under subdivision 7 
with a copy of the report filed by the driver; 
    (3) the commissioner of public safety may verify with 
insurance companies vehicle insurance information to enforce 
sections 65B.48, 169.792, 169.793, 169.796, and 169.797; 
    (4) the commissioner of public safety shall may give to the 
commissioner of transportation the name and address of a carrier 
subject to section 221.031 that is named in an accident report 
filed under subdivision 7 or 8.  The commissioner of 
transportation may not release the name and address to any 
person.  The commissioner shall use this information to 
enforce for use in enforcing accident report requirements under 
chapter 221.  In addition; and 
    (5) the commissioner of public safety may give to the 
United States Department of Transportation commercial vehicle 
accident information in connection with federal grant programs 
relating to safety. 
    The department may charge authorized persons a $5 fee for a 
copy of an accident report. 
    (b) Accident reports and data contained in the reports 
shall not be discoverable under any provision of law or rule of 
court.  No report shall be used as evidence in any trial, civil 
or criminal, arising out of an accident, except that the 
commissioner of public safety shall furnish upon the demand of 
any person who has, or claims to have, made a report, or, upon 
demand of any court, a certificate showing that a specified 
accident report has or has not been made to the commissioner 
solely to prove compliance or failure to comply with the 
requirements that the report be made to the commissioner. 
    (c) Nothing in this subdivision prevents any person who has 
made a report pursuant to this section from providing 
information to any persons involved in an accident or their 
representatives or from testifying in any trial, civil or 
criminal, arising out of an accident, as to facts within the 
person's knowledge.  It is intended by this subdivision to 
render privileged the reports required, but it is not intended 
to prohibit proof of the facts to which the reports relate. 
    (d) Disclosing any information contained in any accident 
report, except as provided in this subdivision, section 13.82, 
subdivision 3 or 4, or other statutes, is a misdemeanor. 
    (e) The commissioner of public safety may charge authorized 
persons a $5 fee for a copy of an accident report. 
    (f) The commissioner and law enforcement agencies may 
charge commercial users who request access to response or 
incident data relating to accidents a fee not to exceed 50 cents 
per report.  "Commercial user" is a user who in one location 
requests access to data in more than five accident reports per 
month, unless the user establishes that access is not for a 
commercial purpose.  Money collected by the commissioner under 
this paragraph is appropriated to the commissioner.  
    Sec. 29.  Minnesota Statutes 1992, section 245A.04, 
subdivision 3, is amended to read: 
    Subd. 3.  [STUDY OF THE APPLICANT.] (a) Before the 
commissioner issues a license, the commissioner shall conduct a 
study of the individuals specified in clauses (1) to (4) 
according to rules of the commissioner.  The applicant, license 
holder, the bureau of criminal apprehension, and county 
agencies, after written notice to the individual who is the 
subject of the study, shall help with the study by giving the 
commissioner criminal conviction data and reports about abuse or 
neglect of adults in licensed programs substantiated under 
section 626.557 and the maltreatment of minors in licensed 
programs substantiated under section 626.556.  The individuals 
to be studied shall include: 
    (1) the applicant; 
    (2) persons over the age of 13 living in the household 
where the licensed program will be provided; 
    (3) current employees or contractors of the applicant who 
will have direct contact with persons served by the program; and 
    (4) volunteers who have direct contact with persons served 
by the program to provide program services, if the contact is 
not directly supervised by the individuals listed in clause (1) 
or (3). 
    The juvenile courts shall also help with the study by 
giving the commissioner existing juvenile court records on 
individuals described in clause (2) relating to delinquency 
proceedings held within either the five years immediately 
preceding the application or the five years immediately 
preceding the individual's 18th birthday, whichever time period 
is longer.  The commissioner shall destroy juvenile records 
obtained pursuant to this subdivision when the subject of the 
records reaches age 23.  
       For purposes of this subdivision, "direct contact" means 
providing face-to-face care, training, supervision, counseling, 
consultation, or medication assistance to persons served by a 
program.  For purposes of this subdivision, "directly supervised"
means an individual listed in clause (1) or (3) is within sight 
or hearing of a volunteer to the extent that the individual 
listed in clause (1) or (3) is capable at all times of 
intervening to protect the health and safety of the persons 
served by the program who have direct contact with the volunteer.
       A study of an individual in clauses (1) to (4) shall be 
conducted on at least an annual basis.  No applicant, license 
holder, or individual who is the subject of the study shall pay 
any fees required to conduct the study.  
       (b) The individual who is the subject of the study must 
provide the applicant or license holder with sufficient 
information to ensure an accurate study including the 
individual's first, middle, and last name; home address, city, 
county, and state of residence; zip code; sex; date of birth; 
and driver's license number.  The applicant or license holder 
shall provide this information about an individual in paragraph 
(a), clauses (1) to (4), on forms prescribed by the 
commissioner.  The commissioner may request additional 
information of the individual, which shall be optional for the 
individual to provide, such as the individual's social security 
number or race. 
       (c) Except for child foster care, adult foster care, and 
family day care homes, a study must include information from the 
county agency's record of substantiated abuse or neglect of 
adults in licensed programs, and the maltreatment of minors in 
licensed programs, information from juvenile courts as required 
in paragraph (a) for persons listed in paragraph (a), clause 
(2), and information from the bureau of criminal apprehension.  
For child foster care, adult foster care, and family day care 
homes, the study must include information from the county 
agency's record of substantiated abuse or neglect of adults, and 
the maltreatment of minors, information from juvenile courts as 
required in paragraph (a) for persons listed in paragraph (a), 
clause (2), and information from the bureau of criminal 
apprehension.  The commissioner may also review arrest and 
investigative information from the bureau of criminal 
apprehension, a county attorney, county sheriff, county agency, 
local chief of police, other states, the courts, or a national 
criminal record repository if the commissioner has reasonable 
cause to believe the information is pertinent to the 
disqualification of an individual listed in paragraph (a), 
clauses (1) to (4). 
    (d) An applicant's or license holder's failure or refusal 
to cooperate with the commissioner is reasonable cause to deny 
an application or immediately suspend, suspend, or revoke a 
license.  Failure or refusal of an individual to cooperate with 
the study is just cause for denying or terminating employment of 
the individual if the individual's failure or refusal to 
cooperate could cause the applicant's application to be denied 
or the license holder's license to be immediately suspended, 
suspended, or revoked. 
    (e) The commissioner shall not consider an application to 
be complete until all of the information required to be provided 
under this subdivision has been received.  
    (f) No person in paragraph (a), clause (1), (2), (3), or 
(4) who is disqualified as a result of this section may be 
retained by the agency in a position involving direct contact 
with persons served by the program. 
    (g) Termination of persons in paragraph (a), clause (1), 
(2), (3), or (4) made in good faith reliance on a notice of 
disqualification provided by the commissioner shall not subject 
the applicant or license holder to civil liability. 
    (h) The commissioner may establish records to fulfill the 
requirements of this section.  The information contained in the 
records is only available to the commissioner for the purpose 
authorized in this section.  
    (i) The commissioner may not disqualify an individual 
subject to a study under this section because that person has, 
or has had, a mental illness as defined in section 245.462, 
subdivision 20. 
    Sec. 30.  Minnesota Statutes 1992, section 260.161, 
subdivision 1, is amended to read: 
    Subdivision 1.  [RECORDS REQUIRED TO BE KEPT.] (a) The 
juvenile court judge shall keep such minutes and in such manner 
as the court deems necessary and proper.  Except as provided in 
paragraph (b), the court shall keep and maintain records 
pertaining to delinquent adjudications until the person reaches 
the age of 23 years and shall release the records on an 
individual to another juvenile court that has jurisdiction of 
the juvenile, to a requesting adult court for purposes of 
sentencing, or to an adult court or juvenile court as required 
by the right of confrontation of either the United States 
Constitution or the Minnesota Constitution.  The juvenile court 
shall provide, upon the request of any other juvenile court, 
copies of the records concerning adjudications involving the 
particular child.  The court shall also keep an index in which 
files pertaining to juvenile matters shall be indexed under the 
name of the child.  After the name of each file shall be shown 
the file number and, if ordered by the court, the book and page 
of the register in which the documents pertaining to such file 
are listed.  The court shall also keep a register properly 
indexed in which shall be listed under the name of the child all 
documents filed pertaining to the child and in the order filed.  
The list shall show the name of the document and the date of 
filing thereof.  The juvenile court legal records shall be 
deposited in files and shall include the petition, summons, 
notice, findings, orders, decrees, judgments, and motions and 
such other matters as the court deems necessary and proper.  The 
legal Unless otherwise provided by law, all court 
records maintained in this file shall be open at all reasonable 
times to the inspection of any child to whom the records relate, 
and to the child's parent and guardian.  
    (b) The court shall retain records of the court finding 
that a juvenile committed an act that would be a violation of, 
or an attempt to violate, section 609.342, 609.343, 609.344, or 
609.345, until the offender reaches the age of 25.  If the 
offender commits another violation of sections 609.342 to 
609.345 as an adult, the court shall retain the juvenile records 
for as long as the records would have been retained if the 
offender had been an adult at the time of the juvenile offense.  
This paragraph does not apply unless the juvenile was 
represented by an attorney when the petition was admitted or 
proven. 
    Sec. 31.  Minnesota Statutes 1992, section 260.161, 
subdivision 3, is amended to read: 
    Subd. 3.  [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except 
for records relating to an offense where proceedings are public 
under section 260.155, subdivision 1, peace officers' records of 
children who are or may be delinquent or who may be engaged in 
criminal acts 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 are private 
data but shall be disseminated:  (1) by order of the juvenile 
court, (2) as required by section 126.036, (3) as authorized 
under section 13.82, subdivision 2, (4) to the child or the 
child's parent or guardian unless disclosure of a record would 
interfere with an ongoing investigation, or (5) as provided in 
paragraph (d).  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.  Peace officers' 
records containing data about children who are victims of crimes 
or witnesses to crimes must be administered consistent with 
section 13.82, subdivisions 2, 3, 4, and 10.  Any person 
violating any of the provisions of this subdivision shall be 
guilty of a misdemeanor. 
    In the case of computerized records maintained about 
juveniles by peace officers, the requirement of this subdivision 
that records about juveniles must be kept separate from adult 
records does not mean that a law enforcement agency must keep 
its records concerning juveniles on a separate computer system.  
Law enforcement agencies may keep juvenile records on the same 
computer as adult records and may use a common index to access 
both juvenile and adult records so long as the agency has in 
place procedures that keep juvenile records in a separate place 
in computer storage and that comply with the special data 
retention and other requirements associated with protecting data 
on juveniles. 
    (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) A photograph may be taken of a child taken into custody 
pursuant to section 260.165, subdivision 1, clause (b), provided 
that the photograph must be destroyed when the child reaches the 
age of 19 years.  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, 
case supervision by parole agents, 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. 
    (d) Traffic investigation reports are open to inspection by 
a person who has sustained physical harm or economic loss as a 
result of the traffic accident.  Identifying information on 
juveniles who are parties to traffic accidents may be disclosed 
as authorized under section 13.82, subdivision 4, and accident 
reports required under section 169.09 may be released under 
section 169.09, subdivision 13, unless the information would 
identify a juvenile who was taken into custody or who is 
suspected of committing an offense that would be a crime if 
committed by an adult, or would associate a juvenile with the 
offense, and the offense is not a minor traffic offense under 
section 260.193. 
    Sec. 32.  Minnesota Statutes 1992, section 270B.12, is 
amended by adding a subdivision to read: 
    Subd. 9.  [COUNTY ASSESSORS.] If, as a result of an audit, 
the commissioner determines that a person is a Minnesota 
nonresident or part-year resident for income tax purposes, the 
commissioner may disclose the person's name, address, and social 
security number to the assessor of any political subdivision in 
the state, when there is reason to believe that the person may 
have claimed or received homestead property tax benefits for a 
corresponding assessment year in regard to property apparently 
located in the assessor's jurisdiction. 
    Sec. 33.  Minnesota Statutes 1992, section 270B.14, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DISCLOSURE TO COMMISSIONER OF HUMAN 
SERVICES.] (a) On the request of the commissioner of human 
services, the commissioner shall disclose return information 
regarding taxes imposed by chapter 290, and claims for refunds 
under chapter 290A, to the extent provided in paragraph (b) and 
for the purposes set forth in paragraph (c). 
    (b) Data that may be disclosed are limited to data relating 
to the identity, whereabouts, employment, income, and property 
of a person owing or alleged to be owing an obligation of child 
support. 
    (c) The commissioner of human services may request data 
only for the purposes of carrying out the child support 
enforcement program and to assist in the location of parents who 
have, or appear to have, deserted their children.  Data received 
may be used only as set forth in section 256.978. 
    (d) The commissioner shall provide the records and 
information necessary to administer the supplemental housing 
allowance to the commissioner of human services.  
    (e) At the request of the commissioner of human services, 
the commissioner of revenue shall electronically match the 
social security numbers and names of participants in the 
telephone assistance plan operated under sections 237.69 to 
237.711, with those of property tax refund filers, and determine 
whether each participant's household income is within the 
eligibility standards for the telephone assistance plan. 
    Sec. 34.  Minnesota Statutes 1992, section 270B.14, 
subdivision 8, is amended to read: 
    Subd. 8.  [EXCHANGE BETWEEN DEPARTMENTS OF LABOR AND 
INDUSTRY AND REVENUE.] Notwithstanding any law to the contrary, 
The departments of labor and industry and revenue may exchange 
information on a reciprocal basis.  Data that may be disclosed 
are limited to data used in determining whether a business is an 
employer or a contracting agent. as follows:  
    (1) data used in determining whether a business is an 
employer or a contracting agent; 
    (2) taxpayer identity information relating to employers for 
purposes of supporting tax administration and chapter 176; and 
    (3) data to the extent provided in and for the purpose set 
out in section 176.181, subdivision 8. 
    Sec. 35.  Minnesota Statutes 1992, section 270B.14, is 
amended by adding a subdivision to read: 
    Subd. 13.  [DISCLOSURE TO OFFICE OF TOURISM.] The 
commissioner may disclose to the office of tourism in the 
department of trade and economic development, the name, address, 
standard industrial classification code, and telephone number of 
a travel or tourism related business that is authorized to 
collect sales and use tax.  The data may be used only by the 
office of tourism to survey travel or tourism related businesses.
    Sec. 36.  Minnesota Statutes 1992, section 299L.03, is 
amended by adding a subdivision to read: 
    Subd. 11.  [DATA CLASSIFICATION.] Data provided to the 
director, by a governmental entity located outside Minnesota for 
use in an authorized investigation, audit, or background check, 
has the same data access classification or restrictions on 
access, for the purposes of chapter 13, that it had in the 
entity providing it.  If the classification or restriction on 
access in the entity providing the data is less restrictive than 
the Minnesota data classification, the Minnesota classification 
applies. 
    Data classified as not public by this section are only 
discoverable as follows: 
    (1) the data are subject to discovery in a legal 
proceeding; and 
    (2) the data are discoverable in a civil or administrative 
proceeding if the subject matter of the proceeding is a final 
agency decision adverse to the party seeking discovery of the 
data. 
    Sec. 37.  Minnesota Statutes 1992, section 626.556, 
subdivision 11, is amended to read: 
    Subd. 11.  [RECORDS.] Except as provided in subdivisions 
10b, 10d, 10g, and 11b, all records concerning individuals 
maintained by a local welfare agency under this section, 
including any written reports filed under subdivision 7, shall 
be private data on individuals, except insofar as copies of 
reports are required by subdivision 7 to be sent to the local 
police department or the county sheriff.  Reports maintained by 
any police department or the county sheriff shall be private 
data on individuals except the reports shall be made available 
to the investigating, petitioning, or prosecuting authority, 
including county medical examiners or county coroners.  Section 
13.82, subdivisions 5, 5a, and 5b, apply to law enforcement data 
other than the reports.  The welfare board shall make available 
to the investigating, petitioning, or prosecuting authority, 
including county medical examiners or county coroners, any 
records which contain information relating to a specific 
incident of neglect or abuse which is under investigation, 
petition, or prosecution and information relating to any prior 
incidents of neglect or abuse involving any of the same 
persons.  The records shall be collected and maintained in 
accordance with the provisions of chapter 13.  In conducting 
investigations and assessments pursuant to this section, the 
notice required by section 13.04, subdivision 2, need not be 
provided to a minor under the age of ten who is the alleged 
victim of abuse or neglect.  An individual subject of a record 
shall have access to the record in accordance with those 
sections, except that the name of the reporter shall be 
confidential while the report is under assessment or 
investigation except as otherwise permitted by this 
subdivision.  Any person conducting an investigation or 
assessment under this section who intentionally discloses the 
identity of a reporter prior to the completion of the 
investigation or assessment is guilty of a misdemeanor.  After 
the assessment or investigation is completed, the name of the 
reporter shall be confidential.  The subject of the report may 
compel disclosure of the name of the reporter only with the 
consent of the reporter or upon a written finding by the court 
that the report was false and that there is evidence that the 
report was made in bad faith.  This subdivision does not alter 
disclosure responsibilities or obligations under the rules of 
criminal procedure. 
     Sec. 38.  Minnesota Statutes 1992, section 626.556, 
subdivision 11c, is amended to read: 
    Subd. 11c.  [WELFARE, COURT SERVICES AGENCY, AND SCHOOL 
RECORDS MAINTAINED.] Notwithstanding sections 138.163 and 
138.17, records maintained or records derived from reports of 
abuse by local welfare agencies, court services agencies, or 
schools under this section shall be destroyed as provided in 
paragraphs (a) to (d) by the responsible authority. 
    (a) If upon assessment or investigation there is no 
determination of maltreatment or the need for child protective 
services, the records may be maintained for a period of four 
years.  After the individual alleged to have maltreated a child 
is notified under subdivision 10f of the determinations at the 
conclusion of the assessment or investigation, upon that 
individual's request, records shall be destroyed within 30 days. 
    (b) All records relating to reports which, upon assessment 
or investigation, indicate either maltreatment or a need for 
child protective services shall be destroyed seven maintained 
for at least ten years after the date of the final entry in the 
case record. 
    (c) All records regarding a report of maltreatment, 
including any notification of intent to interview which was 
received by a school under subdivision 10, paragraph (d), shall 
be destroyed by the school when ordered to do so by the agency 
conducting the assessment or investigation.  The agency shall 
order the destruction of the notification when other records 
relating to the report under investigation or assessment are 
destroyed under this subdivision. 
    (d) Private or confidential data released to a court 
services agency under subdivision 10h must be destroyed by the 
court services agency when ordered to do so by the local welfare 
agency that released the data.  The local welfare agency shall 
order destruction of the data when other records relating to the 
assessment or investigation are destroyed under this subdivision.
    Sec. 39.  [HENNEPIN COUNTY FOSTER CARE REVIEW TEAM; DATA 
ACCESS.] 
    The foster care policy redesign commission and the foster 
care review team created by the Hennepin county board of 
commissioners to review the foster care system shall have access 
to not public data as defined in Minnesota Statutes, section 
13.02, subdivision 8a, as provided in this section.  The 
commission and the team shall have access to not public data on 
foster care cases.  Access is limited to records created, 
collected, or maintained by any local social services agency 
that provided services to a child or a child's family during the 
five years immediately preceding any out-of-home placement of 
the child and continuing throughout the period of the placement 
until the child was returned to the custody of a parent, 
adopted, or otherwise was no longer the subject of a case plan 
developed by a county social service agency.  A county social 
service agency shall provide the not public data described in 
this section to the foster care review team or the foster care 
policy redesign commissioner upon request. 
    Not public data received by the foster care review team or 
the foster care policy redesign commission maintains the same 
classification in the possession of the team or commission as it 
had in the possession of the entity providing the data.  Not 
public data received under this section shall be returned to the 
entity providing it upon completion of the work of the foster 
care policy redesign commission and the foster care review team. 
    Sec. 40.  [JOINT PLAN TO REPORT TO SCHOOL DISTRICTS.] 
    Minnesota public post-secondary education systems, for the 
purpose of assisting school districts in developing academic 
standards, determining specific areas of academic deficiency 
within the secondary school curriculum, and improving 
instruction, shall by September 1, 1993, jointly develop a plan 
to disseminate data to Minnesota school districts indicating the 
extent and content of the remedial instruction received at each 
public post-secondary institution by, and the results of 
assessment testing and the academic performance of, students who 
graduated from a district within two years before receiving the 
remedial instruction.  The data shall include personally 
identifiable information about the student to the extent 
necessary to accomplish the purpose of this section. 
    The plan shall require the data to be disseminated in a 
manner consistent with the provisions of United States Code, 
title 20, sections 1232g(b)(1), (b)(4)(A), (b)(4)(B), (b)(1)(B), 
(b)(3), and Code of Federal Regulations, title 34, sections 
99.31, 99.32, 99.33, 99.34, and 99.35 which are in effect on 
July 1, 1993. 
    Sec. 41.  [REPEALER.] 
    Minnesota Statutes 1992, section 13.644, is repealed. 
    Sec. 42.  [EFFECTIVE DATE; APPLICATION.] 
    Sections 10, 21, 23, and 29 are effective the day following 
final enactment.  Section 25 is effective the day following 
final enactment and applies to health records created before, 
on, or after that date.  Nothing in section 25 creates a 
physician-patient relationship.  Sections 8 and 9 are effective 
October 1, 1993. 
    Presented to the governor May 20, 1993 
    Signed by the governor May 24, 1993, 5:53 p.m.