Office of the Revisor of Statutes
Minnesota Session Laws - 1994, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 618-H.F.No. 2028
An act relating to privacy; classifying data;
providing for sharing of certain data; clarifying
treatment of not public data at an open meeting;
permitting the commissioner of health to conduct
fetal, infant, and maternal death studies; providing
for release of certain information on juvenile
offenders to schools and victims; limiting release of
juvenile records; providing for the preparation of an
information policy training plan; providing for the
release of commitment information for firearm
background checks; limiting release of personal
information on videotape consumers; limiting liability
for 911 systems; providing for a social worker witness
privilege; changing exceptions and other conditions of
the open meeting law; appropriating money; amending
Minnesota Statutes 1992, sections 13.03, subdivision
4, and by adding a subdivision; 13.05, subdivision 4;
13.32, by adding a subdivision; 13.38, by adding a
subdivision; 13.39, subdivision 2, and by adding a
subdivision; 13.41, subdivision 2; 13.57; 13.71, by
adding subdivisions; 13.82, by adding a subdivision;
13.84, subdivision 5a; 13.99, subdivisions 7, 39, 45,
53, 60, 71, 79, and by adding subdivisions; 144.581,
subdivision 5; 171.12, subdivision 7; 253B.23,
subdivision 4; 256.0361, by adding a subdivision;
260.161, subdivision 2, and by adding subdivisions;
403.07, subdivision 4; 471.705; 624.7131, subdivision
2; and 624.714, subdivisions 3 and 4; Minnesota
Statutes 1993 Supplement, sections 13.43, subdivision
2; 13.46, subdivisions 2 and 4; 13.82, subdivision 4;
121.8355, by adding a subdivision; 144.335,
subdivision 3a; 148B.04, subdivision 6; 168.346;
245.493, by adding a subdivision; 260.161, subdivision
3; 595.02, subdivision 1; 624.7131, subdivision 1; and
624.7132, subdivisions 1 and 2; Laws 1990, chapter
566, section 9; proposing coding for new law in
Minnesota Statutes, chapters 13; 144; 145; 245; and
253B; proposing coding for new law as Minnesota
Statutes, chapter 325I.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
Section 1. Minnesota Statutes 1992, section 13.03,
subdivision 4, is amended to read:
Subd. 4. [CHANGE IN CLASSIFICATION OF DATA.] (a) The
classification of data in the possession of an agency shall
change if it is required to do so to comply with either judicial
or administrative rules pertaining to the conduct of legal
actions or with a specific statute applicable to the data in the
possession of the disseminating or receiving agency.
(b) If data on individuals is classified as both private
and confidential by this chapter, or any other statute or
federal law, the data is private.
(c) To the extent that government data is disseminated to
state agencies, political subdivisions, or statewide systems by
another state agency, political subdivision, or statewide
system, the data disseminated shall have the same classification
in the hands of the agency receiving it as it had in the hands
of the entity providing it.
Sec. 2. Minnesota Statutes 1992, section 13.03, is amended
by adding a subdivision to read:
Subd. 11. [TREATMENT OF DATA CLASSIFIED AS NOT PUBLIC;
PUBLIC MEETINGS.] Not public data may be discussed at a meeting
open to the public to the extent provided in section 471.705,
subdivision 1d.
Sec. 3. Minnesota Statutes 1992, 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.
(e) Private or confidential data on an individual may be
discussed at a meeting open to the public to the extent provided
in section 471.705, subdivision 1d.
Sec. 4. Minnesota Statutes 1992, section 13.32, is amended
by adding a subdivision to read:
Subd. 7. [USES OF DATA.] School officials who receive data
on juveniles, as authorized under section 260.161, may use and
share that data within the school district or educational entity
as necessary to protect persons and property or to address the
educational and other needs of students.
Sec. 5. Minnesota Statutes 1992, section 13.38, is amended
by adding a subdivision to read:
Subd. 4. [TRANSITION PLANS.] Transition plans that are
submitted to the commissioner of health by health care providers
as required by section 62J.23, subdivision 2, are classified as
private data on individuals or nonpublic data not on individuals.
Sec. 6. Minnesota Statutes 1992, section 13.39,
subdivision 2, is amended to read:
Subd. 2. [CIVIL ACTIONS.] (a) Except as provided in
paragraph (b), data collected by state agencies, political
subdivisions or statewide systems as part of an active
investigation undertaken for the purpose of the commencement or
defense of a pending civil legal action, or which are retained
in anticipation of a pending civil legal action, are classified
as protected nonpublic data pursuant to section 13.02,
subdivision 13 in the case of data not on individuals and
confidential pursuant to section 13.02, subdivision 3 in the
case of data on individuals. Any agency, political subdivision
or statewide system may make any data classified as confidential
or protected nonpublic pursuant to this subdivision accessible
to any person, agency or the public if the agency, political
subdivision or statewide system determines that the access will
aid the law enforcement process, promote public health or safety
or dispel widespread rumor or unrest.
(b) A complainant has access to a statement provided by the
complainant to a state agency, statewide system, or political
subdivision under paragraph (a).
Sec. 7. Minnesota Statutes 1992, section 13.39, is amended
by adding a subdivision to read:
Subd. 2a. [DISCLOSURE OF DATA.] During the time when a
civil legal action is determined to be pending under subdivision
1, any person may bring an action in the district court in the
county where the data is maintained to obtain disclosure of data
classified as confidential or protected nonpublic under
subdivision 2. The court may order that all or part of the data
be released to the public or to the person bringing the action.
In making the determination whether data shall be disclosed, the
court shall consider whether the benefit to the person bringing
the action or to the public outweighs any harm to the public,
the agency, or any person identified in the data. The data in
dispute shall be examined by the court in camera.
Sec. 8. Minnesota Statutes 1992, section 13.41,
subdivision 2, is amended to read:
Subd. 2. [PRIVATE DATA.] (a) The following data collected,
created or maintained by any licensing agency are classified as
private, pursuant to section 13.02, subdivision 12: data, other
than their names and designated addresses, submitted by
applicants for licenses; the identity of complainants who have
made reports concerning licensees or applicants which appear in
inactive complaint data unless the complainant consents to the
disclosure; the nature or content of unsubstantiated complaints
when the information is not maintained in anticipation of legal
action; the identity of patients whose medical records are
received by any health licensing agency for purposes of review
or in anticipation of a contested matter; inactive investigative
data relating to violations of statutes or rules; and the record
of any disciplinary proceeding except as limited by subdivision
4.
(b) An applicant for a license shall designate on the
application a residence or business address at which the
applicant can be contacted in connection with the license
application.
Sec. 9. Minnesota Statutes 1993 Supplement, 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 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.
(d) A complainant has access to a statement provided by the
complainant to a state agency, statewide system, or political
subdivision in connection with a complaint or charge against an
employee.
Sec. 10. Minnesota Statutes 1993 Supplement, section
13.46, subdivision 2, is amended to read:
Subd. 2. [GENERAL.] (a) Unless the data is summary data or
a statute specifically provides a different classification, data
on individuals collected, maintained, used, or disseminated by
the welfare system is private data on individuals, and shall not
be disclosed except:
(1) pursuant to section 13.05;
(2) pursuant to court order;
(3) pursuant to a statute specifically authorizing access
to the private data;
(4) to an agent of the welfare system, including a law
enforcement person, attorney, or investigator acting for it in
the investigation or prosecution of a criminal or civil
proceeding relating to the administration of a program;
(5) to personnel of the welfare system who require the data
to determine eligibility, amount of assistance, and the need to
provide services of additional programs to the individual;
(6) to administer federal funds or programs;
(7) between personnel of the welfare system working in the
same program;
(8) the amounts of cash public assistance and relief paid
to welfare recipients in this state, including their names and
social security numbers, upon request by the department of
revenue to administer the property tax refund law, supplemental
housing allowance, and the income tax;
(9) to the Minnesota department of jobs and training for
the purpose of monitoring the eligibility of the data subject
for unemployment compensation, for any employment or training
program administered, supervised, or certified by that agency,
or for the purpose of administering any rehabilitation program,
whether alone or in conjunction with the welfare system, and to
verify receipt of energy assistance for the telephone assistance
plan;
(10) to appropriate parties in connection with an emergency
if knowledge of the information is necessary to protect the
health or safety of the individual or other individuals or
persons;
(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;
(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) the current address of a recipient of general
assistance, work readiness, or general assistance medical care
may be disclosed to probation officers and corrections agents
who are supervising the recipient, and to law enforcement
officers who are investigating the recipient in connection with
a felony-level offense; or
(17) 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 (17), 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. 11. Minnesota Statutes 1993 Supplement, 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 subject to
disqualification under section 245A.04 in connection with a
license 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. 12. [13.49] [SOCIAL SECURITY NUMBERS.]
The social security numbers of individuals collected or
maintained by a state agency, statewide system, or political
subdivision are private data on individuals, except to the
extent that access to the social security number is specifically
authorized by law.
Sec. 13. Minnesota Statutes 1992, section 13.57, is
amended to read:
13.57 [SOCIAL RECREATIONAL DATA.]
The following data collected and maintained by political
subdivisions for the purpose of enrolling individuals in
recreational and other social programs are classified as
private, pursuant to section 13.02, subdivision 12: the name,
address, telephone number, any other data that identifies the
individual, and any data which describes the health or medical
condition of the individual, family relationships and living
arrangements of an individual or which are opinions as to the
emotional makeup or behavior of an individual.
Sec. 14. Minnesota Statutes 1992, section 13.82, is
amended by adding a subdivision to read:
Subd. 3a. [AUDIO RECORDING OF 911 CALL.] The audio
recording of a call placed to a 911 system for the purpose of
requesting service from a law enforcement, fire, or medical
agency is private data on individuals with respect to the
individual making the call, except that a written transcript of
the audio recording is public, unless it reveals the identity of
an individual otherwise protected under subdivision 10. A
transcript shall be prepared upon request. The person
requesting the transcript shall pay the actual cost of
transcribing the call, in addition to any other applicable costs
provided under section 13.03, subdivision 3. The audio
recording may be disseminated to law enforcement agencies for
investigative purposes. The audio recording may be used for
public safety dispatcher training purposes.
Sec. 15. Minnesota Statutes 1993 Supplement, 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;
(k) dates of birth of the parties involved in a traffic
accident; and
(l) whether the parties involved were wearing seat belts;
and
(m) the alcohol concentration of each driver.
Sec. 16. Minnesota Statutes 1992, section 13.84,
subdivision 5a, is amended to read:
Subd. 5a. [PUBLIC BENEFIT DATA.] (a) The responsible
authority or its designee of a parole or probation authority or
correctional agency may release private or confidential court
services data related to: (1) criminal acts to any law
enforcement agency, if necessary for law enforcement purposes;
and (2) criminal acts or delinquent acts to the victims of
criminal or delinquent acts to the extent that the data are
necessary for the victim to assert the victim's legal right to
restitution. In the case of delinquent acts, the data that may
be released include only the juvenile's name, address, date of
birth, and place of employment; the name and address of the
juvenile's parents or guardians; and the factual part of police
reports related to the investigation of the delinquent act.
(b) A parole or probation authority, a correctional agency,
or agencies that provide correctional services under contract to
a correctional agency may release to a law enforcement agency
the following data on defendants, parolees, or probationers:
current address, dates of entrance to and departure from agency
programs, and dates and times of any absences, both authorized
and unauthorized, from a correctional program.
(c) The responsible authority or its designee of a juvenile
correctional agency may release private or confidential court
services data to a victim of a delinquent act to the extent the
data are necessary to enable the victim to assert the victim's
right to request notice of release under section 611A.06. The
data that may be released include only the name, home address,
and placement site of a juvenile who has been placed in a
juvenile correctional facility as a result of a delinquent act.
Sec. 17. Minnesota Statutes 1992, section 13.99,
subdivision 79, is amended to read:
Subd. 79. [PEACE OFFICERS, COURT SERVICES, 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. Disclosure to
school officials of court services data on juveniles adjudicated
delinquent is governed by section 260.161, subdivision 1b.
Sec. 18. Minnesota Statutes 1993 Supplement, section
121.8355, is amended by adding a subdivision to read:
Subd. 3a. [INFORMATION SHARING.] (a) The school district,
county, and public health entity members of a family services
collaborative may inform each other as to whether an individual
or family is being served by the member, without the consent of
the subject of the data. If further information sharing is
necessary in order for the collaborative to carry out duties
under subdivision 2 or 3, the collaborative may share data if
the individual, as defined in section 13.02, subdivision 8,
gives written informed consent. Data on individuals shared
under this subdivision retain the original classification as
defined under section 13.02, as to each member of the
collaborative with whom the data is shared.
(b) If a federal law or regulation impedes information
sharing that is necessary in order for a collaborative to carry
out duties under subdivision 2 or 3, the appropriate state
agencies shall seek a waiver or exemption from the applicable
law or regulation.
Sec. 19. Minnesota Statutes 1993 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 1996, 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. 20. [144.3352] [HEPATITIS B MATERNAL CARRIER DATA;
INFANT IMMUNIZATION.]
The commissioner of health or a local board of health may
inform the physician attending a newborn of the hepatitis B
infection status of the biological mother.
Sec. 21. Minnesota Statutes 1992, section 144.581,
subdivision 5, is amended to read:
Subd. 5. [CLOSED MEETINGS; RECORDING.] (a) Notwithstanding
subdivision 4 or section 471.705, a public hospital or an
organization established under this section may hold a closed
meeting to discuss specific marketing activity and contracts
that might be entered into pursuant to the marketing activity in
cases where the hospital or organization is in competition with
health care providers that offer similar goods or services, and
where disclosure of information pertaining to those matters
would cause harm to the competitive position of the hospital or
organization, provided that the goods or services do not require
a tax levy. No contracts referred to in this paragraph may be
entered into earlier than 15 days after the proposed contract
has been described at a public meeting and the description
entered in the minutes, except for contracts for consulting
services or with individuals for personal services.
(b) A meeting may not be closed under paragraph (a) except
by a majority vote of the board of directors in a public
meeting. The time and place of the closed meeting must be
announced at the public meeting. A written roll of members
present at the closed meeting must be available to the public
after the closed meeting. The proceedings of a closed meeting
must be tape-recorded and preserved by the board of directors
for two years. The data on the tape are nonpublic data under
section 13.02, subdivision 9. However, the data become public
data under section 13.02, subdivision 14, two years after the
meeting, or when the hospital or organization takes action on
matters referred to in paragraph (a), except for contracts for
consulting services. In the case of personal service contracts,
the data become public when the contract is signed. For
entities subject to section 471.345, a contract entered into by
the board is subject to the requirements of section 471.345.
(c) The board of directors may not discuss a tax levy, bond
issuance, or other expenditure of money unless the expenditure
is directly related to specific marketing activities and
contracts described in paragraph (a) at a closed meeting.
Sec. 22. [145.90] [FETAL, INFANT, AND MATERNAL DEATH
STUDIES.]
Subdivision 1. [PURPOSE.] The commissioner of health may
conduct fetal, infant, and maternal death studies in order to
assist the planning, implementation, and evaluation of medical,
health, and welfare service systems, and to improve pregnancy
outcomes and reduce the numbers of preventable fetal, infant,
and maternal deaths in Minnesota.
Subd. 2. [ACCESS TO DATA.] (a) Until July 1, 1997, the
commissioner of health has access to medical data as defined in
section 13.42, subdivision 1, paragraph (b), medical examiner
data as defined in section 13.83, subdivision 1, and health
records created, maintained, or stored by providers as defined
in section 144.335, subdivision 1, paragraph (b), without the
consent of the subject of the data, and without the consent of
the parent, spouse, other guardian, or legal representative of
the subject of the data, when the subject of the data is:
(1) a fetus that showed no signs of life at the time of
delivery, was 20 or more weeks of gestation at the time of
delivery, and was not delivered by an induced abortion;
(2) a liveborn infant that died within the first two years
of life;
(3) a woman who died during a pregnancy or within 12 months
of a fetal death, a live birth, or other termination of a
pregnancy; or
(4) the biological mother of a fetus or infant as described
in clause (1) or (2).
The commissioner only has access to medical data and health
records related to deaths or stillbirths that occur on or after
July 1, 1994. With respect to data under clause (4), the
commissioner only has access to medical data and health records
that contain information that bears upon the pregnancy and the
outcome of the pregnancy.
(b) The provider or responsible authority that creates,
maintains, or stores the data shall furnish the data upon the
request of the commissioner. The provider or responsible
authority may charge a fee for providing data, not to exceed the
actual cost of retrieving and duplicating the data.
(c) The commissioner shall make a good faith reasonable
effort to notify the subject of the data, or the parent, spouse,
other guardian, or legal representative of the subject of the
data, before collecting data on the subject. For purposes of
this paragraph, "reasonable effort" includes:
(1) one visit by a public health nurse to the last known
address of the data subject, or the parent, spouse, or guardian;
and
(2) if the public health nurse is unable to contact the
data subject, or the parent, spouse, or guardian, one notice by
certified mail to the last known address of the data subject, or
the parent, spouse, or guardian.
(d) The commissioner does not have access to coroner or
medical examiner data that are part of an active investigation
as described in section 13.83.
Subd. 3. [MANAGEMENT OF RECORDS.] After the commissioner
has collected all data about a subject of a fetal, infant, or
maternal death study needed to perform the study, the data from
source records obtained under subdivision 2, other than data
identifying the subject, must be transferred to separate records
to be maintained by the commissioner. Notwithstanding section
138.17, after the data have been transferred, all source records
obtained under subdivision 2 in the hands of the commissioner
must be destroyed.
Subd. 4. [CLASSIFICATION OF DATA.] Data provided to or
created by the commissioner for the purpose of carrying out
fetal, infant, or maternal death studies, including identifying
information on individual providers or patients, are classified
as private data on individuals or nonpublic data on deceased
individuals, as defined in section 13.02, with the following
exceptions:
(1) summary data created by the commissioner, as defined in
section 13.02, subdivision 19; and
(2) data provided by the commissioner of human services,
which retains the classification it held when in the hands of
the commissioner of human services.
Sec. 23. Minnesota Statutes 1993 Supplement, section
148B.04, subdivision 6, is amended to read:
Subd. 6. [CLASSIFICATION OF CERTAIN RESIDENCE ADDRESSES
AND TELEPHONE NUMBERS.] Notwithstanding section 13.41,
subdivision 2 or 4, the residence address and telephone number
of an applicant or licensee are private data on individuals as
defined in section 13.02, subdivision 12, if the applicant or
licensee so requests and provides an alternative address and
telephone number.
Sec. 24. Minnesota Statutes 1993 Supplement, section
168.346, is amended to read:
168.346 [PRIVACY OF NAME OR RESIDENCE ADDRESS.]
The registered owner of a motor vehicle may request in
writing that the owner's residence address or name and residence
address be classified as private data on individuals, as defined
in section 13.02, subdivision 12. The commissioner shall grant
the classification upon receipt of a signed statement by the
owner that the classification is required for the safety of the
owner or the owner's family, if the statement also provides a
valid, existing address where the owner consents to receive
service of process. The commissioner shall use the mailing
address in place of the residence address in all documents and
notices pertaining to the motor vehicle. The residence address
or name and residence address and any information provided in
the classification request, other than the mailing address, are
private data on individuals and may be provided to requesting
law enforcement agencies, probation and parole agencies, and
public authorities, as defined in section 518.54, subdivision 9.
Sec. 25. Minnesota Statutes 1992, section 171.12,
subdivision 7, is amended to read:
Subd. 7. [PRIVACY OF RESIDENCE ADDRESS.] An applicant for
a driver's license or a Minnesota identification card may
request that the applicant's residence address be classified as
private data on individuals, as defined in section 13.02,
subdivision 12. The commissioner shall grant the classification
upon receipt of a signed statement by the individual that the
classification is required for the safety of the applicant or
the applicant's family, if the statement also provides a valid,
existing address where the applicant consents to receive service
of process. The commissioner shall use the mailing address in
place of the residence address in all documents and notices
pertaining to the driver's license or identification card. The
residence address and any information provided in the
classification request, other than the mailing address, are
private data on individuals and may be provided to requesting
law enforcement agencies, probation and parole agencies, and
public authorities, as defined in section 518.54, subdivision 9.
Sec. 26. [245.041] [PROVISION OF FIREARMS BACKGROUND CHECK
INFORMATION.]
Notwithstanding section 253B.23, subdivision 9, the
commissioner of human services shall provide commitment
information to local law enforcement agencies for the sole
purpose of facilitating a firearms background check under
section 624.7131, 624.7132, or 624.714. The information to be
provided is limited to whether the person has been committed
under chapter 253B and, if so, the type of commitment.
Sec. 27. Minnesota Statutes 1993 Supplement, section
245.493, is amended by adding a subdivision to read:
Subd. 3. [INFORMATION SHARING.] (a) The members of a local
children's mental health collaborative may share data on
individuals being served by the collaborative or its members if
the individual, as defined in section 13.02, subdivision 8,
gives written informed consent and the information sharing is
necessary in order for the collaborative to carry out duties
under subdivision 2. Data on individuals shared under this
subdivision retain the original classification as defined under
section 13.02, as to each member of the collaborative with whom
the data is shared.
(b) If a federal law or regulation impedes information
sharing that is necessary in order for a collaborative to carry
out duties under subdivision 2, the appropriate state agencies
shall attempt to get a waiver or exemption from the applicable
law or regulation.
Sec. 28. [253B.091] [REPORTING JUDICIAL COMMITMENTS
INVOLVING PRIVATE TREATMENT PROGRAMS OR FACILITIES.]
Notwithstanding section 253B.23, subdivision 9, when a
committing court judicially commits a proposed patient to a
treatment program or facility other than a state-operated
program or facility, the court shall report the commitment to
the commissioner of human services for purposes of providing
commitment information for firearm background checks under
section 245.041.
Sec. 29. Minnesota Statutes 1992, section 253B.23,
subdivision 4, is amended to read:
Subd. 4. [IMMUNITY.] All persons acting in good faith,
upon either actual knowledge or information thought by them to
be reliable, who act pursuant to any provision of this chapter
or who procedurally or physically assist in the commitment of
any individual, pursuant to this chapter, are not subject to any
civil or criminal liability under this chapter. Any privilege
otherwise existing between patient and physician or between,
patient and examiner, or patient and social worker, is waived as
to any physician or, examiner, or social worker who provides
information with respect to a patient pursuant to any provision
of this chapter.
Sec. 30. Minnesota Statutes 1992, section 256.0361, is
amended by adding a subdivision to read:
Subd. 3. [EVALUATION DATA.] The commissioner may access
data maintained by the department of jobs and training under
sections 268.03 to 268.231 for the purpose of evaluating the
Minnesota family investment plan for persons randomly assigned
to a test or comparison group as part of the evaluation. This
subdivision authorizes access to data concerning the three years
before the time of random assignment for persons randomly
assigned to a test or comparison group and data concerning the
five years after random assignment.
Sec. 31. Minnesota Statutes 1992, section 260.161, is
amended by adding a subdivision to read:
Subd. 1b. [DISPOSITION ORDER; COPY TO SCHOOL.] (a) If a
juvenile is enrolled in school, the juvenile's probation officer
shall transmit a copy of the court's disposition order to the
principal or chief administrative officer of the juvenile's
school if the juvenile has been adjudicated delinquent for
committing an act on the school's property or an act:
(1) that would be a violation of section 609.185
(first-degree murder); 609.19 (second-degree murder); 609.195
(third-degree murder); 609.20 (first-degree manslaughter);
609.205 (second-degree manslaughter); 609.21 (criminal vehicular
homicide and injury); 609.221 (first-degree assault); 609.222
(second-degree assault); 609.223 (third-degree assault);
609.2231 (fourth-degree assault); 609.224 (fifth-degree
assault); 609.24 (simple robbery); 609.245 (aggravated robbery);
609.25 (kidnapping); 609.255 (false imprisonment); 609.342
(first-degree criminal sexual conduct); 609.343 (second-degree
criminal sexual conduct); 609.344 (third-degree criminal sexual
conduct); 609.345 (fourth-degree criminal sexual conduct);
609.3451 (fifth-degree criminal sexual conduct); 609.498
(tampering with a witness); 609.561 (first-degree arson);
609.582, subdivision 1 or 2 (burglary); 609.713 (terroristic
threats); or 609.749 (harassment and stalking), if committed by
an adult;
(2) that would be a violation of section 152.021
(first-degree controlled substance crime); 152.022
(second-degree controlled substance crime); 152.023
(third-degree controlled substance crime); 152.024
(fourth-degree controlled substance crime); 152.025
(fifth-degree controlled substance crime); 152.0261 (importing a
controlled substance); or 152.027 (other controlled substance
offenses), if committed by an adult; or
(3) that involved the possession or use of a dangerous
weapon as defined in section 609.02, subdivision 6.
When a disposition order is transmitted under this
paragraph, the probation officer shall notify the juvenile's
parent or legal guardian that the disposition order has been
shared with the juvenile's school.
(b) The disposition order must be accompanied by a notice
to the school that the school may obtain additional information
from the juvenile's probation officer with the consent of the
juvenile or the juvenile's parents, as applicable. The
disposition order must be maintained in the student's permanent
education record but may not be released outside of the school
district or educational entity, other than to another school
district or educational entity to which the juvenile is
transferring. Notwithstanding section 138.17, the disposition
order must be destroyed when the juvenile graduates from the
school or at the end of the academic year when the juvenile
reaches age 23, whichever date is earlier.
(c) The juvenile's probation officer shall maintain a
record of disposition orders released under this subdivision and
the basis for the release.
(d) The criminal and juvenile justice information policy
group, in consultation with representatives of probation
officers and educators, shall prepare standard forms for use by
juvenile probation officers in forwarding information to schools
under this subdivision and in maintaining a record of the
information that is released.
(e) As used in this subdivision, "school" means a public or
private elementary, middle, or secondary school.
Sec. 32. Minnesota Statutes 1992, section 260.161,
subdivision 2, is amended to read:
Subd. 2. [PUBLIC INSPECTION LIMITATIONS.] Except as
otherwise provided in this subdivision and in subdivision
1 section, and except for legal records arising from proceedings
that are public under section 260.155, subdivision 1, none of
the records of the juvenile court and none of the records
relating to an appeal from a nonpublic juvenile court
proceeding, except the written appellate opinion, shall be open
to public inspection or their contents disclosed except (a) by
order of a court or (b) as required by sections 245A.04,
611A.03, 611A.04, 611A.06, and 629.73. The records of juvenile
probation officers and county home schools are records of the
court for the purposes of this subdivision. Court services data
relating to delinquent acts that are contained in records of the
juvenile court may be released as allowed under section 13.84,
subdivision 5a. This subdivision applies to all proceedings
under this chapter, including appeals from orders of the
juvenile court, except that this subdivision does not apply to
proceedings under section 260.255, 260.261, or 260.315 when the
proceeding involves an adult defendant. The court shall
maintain the confidentiality of adoption files and records in
accordance with the provisions of laws relating to adoptions.
In juvenile court proceedings any report or social history
furnished to the court shall be open to inspection by the
attorneys of record and the guardian ad litem a reasonable time
before it is used in connection with any proceeding before the
court.
When a judge of a juvenile court, or duly authorized agent
of the court, determines under a proceeding under this chapter
that a child has violated a state or local law, ordinance, or
regulation pertaining to the operation of a motor vehicle on
streets and highways, except parking violations, the judge or
agent shall immediately report the violation to the commissioner
of public safety. The report must be made on a form provided by
the department of public safety and must contain the information
required under section 169.95.
Sec. 33. Minnesota Statutes 1993 Supplement, 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 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 otherwise provided in paragraph
(d) this subdivision. 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.
(e) A law enforcement agency shall notify the principal or
chief administrative officer of a juvenile's school of an
incident occurring within the agency's jurisdiction if:
(1) the agency has probable cause to believe that the
juvenile has committed an offense that would be a crime if
committed as an adult, that the victim of the offense is a
student or staff member of the school, and that notice to the
school is reasonably necessary for the protection of the victim;
or
(2) the agency has probable cause to believe that the
juvenile has committed an offense described in subdivision 1b,
paragraph (a), clauses (1) to (3), that would be a crime if
committed by an adult.
A law enforcement agency is not required to notify the
school under this paragraph if the agency determines that notice
would jeopardize an ongoing investigation. Notwithstanding
section 138.17, data from a notice received from a law
enforcement agency under this paragraph must be destroyed when
the juvenile graduates from the school or at the end of the
academic year when the juvenile reaches age 23, whichever date
is earlier. For purposes of this paragraph, "school" means a
public or private elementary, middle, or secondary school.
(f) In any county in which the county attorney operates or
authorizes the operation of a juvenile prepetition or pretrial
diversion program, a law enforcement agency or county attorney's
office may provide the juvenile diversion program with data
concerning a juvenile who is a participant in or is being
considered for participation in the program.
(g) Upon request of a local social service agency, peace
officer records of children who are or may be delinquent or who
may be engaged in criminal acts may be disseminated to the
agency to promote the best interests of the subject of the data.
Sec. 34. Minnesota Statutes 1992, section 260.161, is
amended by adding a subdivision to read:
Subd. 5. [FURTHER RELEASE OF RECORDS.] A person who
receives access to juvenile court or peace officer records of
children that are not accessible to the public may not release
or disclose the records to any other person except as authorized
by law. This subdivision does not apply to the child who is the
subject of the records or the child's parent or guardian.
Sec. 35. [325I.01] [DEFINITIONS.]
Subdivision 1. [GENERAL.] The definitions in this section
apply to sections 325I.01 to 325I.03.
Subd. 2. [CONSUMER.] "Consumer" means a renter, purchaser,
or subscriber of goods or services from a videotape service
provider or videotape seller.
Subd. 3. [PERSONALLY IDENTIFIABLE
INFORMATION.] "Personally identifiable information" means
information that identifies a person as having requested or
obtained specific video materials or services from a videotape
service provider or videotape seller.
Subd. 4. [VIDEOTAPE SELLER.] "Videotape seller" means a
person engaged in the business of selling prerecorded
videocassette tapes or similar audiovisual materials, or a
person to whom a disclosure is made by a videotape seller under
section 325I.02, but only with respect to the information
contained in the disclosure.
Subd. 5. [VIDEOTAPE SERVICE PROVIDER.] "Videotape service
provider" means a person engaged in the business of rental of
prerecorded videocassette tapes or similar audiovisual
materials, or a person to whom a disclosure is made by a
videotape service provider under section 325I.02, but only with
respect to the information contained in the disclosure.
Sec. 36. [325I.02] [DISCLOSURE OF VIDEOTAPE RENTAL OR
SALES RECORDS.]
Subdivision 1. [DISCLOSURE PROHIBITED.] Except as provided
in subdivisions 2 and 3, a videotape service provider or
videotape seller who knowingly discloses, to any person,
personally identifiable information concerning any consumer of
the provider or seller is liable to the consumer for the relief
provided in section 325I.03.
Subd. 2. [DISCLOSURE REQUIRED.] (a) A videotape service
provider or videotape seller shall disclose personally
identifiable information concerning any consumer:
(1) to a grand jury pursuant to a grand jury subpoena;
(2) pursuant to a court order in a civil proceeding upon a
showing of compelling need for the information that cannot be
accommodated by other means, or in a criminal proceeding upon a
showing of legitimate need for the information that cannot be
accommodated by other means, if:
(i) the consumer is given reasonable notice by the person
seeking the disclosure of the court proceeding relevant to the
issuance of the court order;
(ii) the consumer is afforded the opportunity to appear and
contest the disclosure; and
(iii) the court imposes appropriate safeguards against
unauthorized disclosure; or
(3) to a law enforcement agency pursuant to a warrant
lawfully obtained under the laws of this state or the United
States.
(b) A videotape service provider or videotape seller may
disclose personally identifiable information concerning any
consumer to a court or law enforcement agency pursuant to a
civil action or criminal investigation for conversion or theft
commenced or initiated by the videotape service provider or
videotape seller or to enforce collection of fines for overdue
or unreturned videotapes or collection for unpaid videotapes, to
the extent necessary to establish the fact of the rental or
sale. In a court action, the court shall impose appropriate
safeguards against unauthorized disclosure of the information.
A law enforcement agency shall maintain the information as
investigative data under section 13.82, except that when the
investigation becomes inactive, the information is private data
on individuals as defined in section 13.02, subdivision 12.
Subd. 3. [DISCLOSURE PERMITTED.] A videotape service
provider or videotape seller may disclose personally
identifiable information concerning any consumer:
(1) to the consumer;
(2) to a person in connection with a transfer of ownership
of the videotape service provider or videotape seller;
(3) to any person with the written informed consent of the
consumer, as provided in subdivision 4; or
(4) if a videotape is sold by mail or telephone and the
videotape seller complies with United States Code, title 18,
section 2710 (b)(2)(D).
Subd. 4. [PROCEDURE FOR WRITTEN INFORMED CONSENT OF THE
CONSUMER.] For purposes of subdivision 3, clause (3), in order
to obtain the written informed consent of the consumer, the
videotape service provider or videotape seller must obtain a
signed statement conforming to the notice contained in this
subdivision. The notice must be in writing in at least
ten-point bold-faced type, must be separate from any membership,
subscriber, or rental or purchase agreement between the consumer
and the videotape service provider or videotape seller, and must
read as follows:
"This videotape service provider (videotape seller) from
time to time provides to marketers of goods and services, the
names and addresses of customers and a description or subject
matter of materials rented or purchased by video customers. The
videotape service provider (videotape seller) may not include
your name, address, or the description or subject matter of any
material rented or purchased in these lists without your written
consent. This election may be changed by you, in writing, at
any time.
I do not object to the release of my name, address, or the
description or subject matter of the material rented or
purchased.
................
Signature"
Subd. 5. [EXCLUSION FROM EVIDENCE.] Personally
identifiable information obtained in any manner other than as
provided in this section may not be received in evidence in any
trial, hearing, arbitration, or other proceeding before any
court, grand jury, officer, agency, regulatory body, legislative
committee, or other authority of the state or any political
subdivision.
Subd. 6. [DESTRUCTION OF INFORMATION.] A person subject to
this section shall destroy personally identifiable information
as soon as practicable, but no later than one year from the date
the information is no longer necessary for the purpose for which
it was collected and there are no pending requests or orders for
access to the information under this section.
Subd. 7. [PROHIBITION ON REFUSAL OF SERVICES.] A videotape
service provider or videotape seller may not require a consumer
to execute a consent under subdivision 4 as a condition of
providing videotape goods or services to the consumer.
Sec. 37. [325I.03] [ENFORCEMENT; CIVIL LIABILITY.]
The public and private remedies in section 8.31 apply to
violations of section 325I.02. In addition, a consumer who
prevails or substantially prevails in an action brought under
this section is entitled to a minimum of $500 in damages,
regardless of the amount of actual damage proved, plus costs,
disbursements, and reasonable attorney fees. Sections 325I.01
to 325I.03 do not affect any rights or remedies available under
other law.
Sec. 38. Minnesota Statutes 1992, section 403.07,
subdivision 4, is amended to read:
Subd. 4. [USE OF FURNISHED INFORMATION.] Names, addresses,
and telephone numbers provided to a 911 system under subdivision
3 are private data and may be used only for identifying the
location or identity, or both, of a person calling a 911 public
safety answering point. The information furnished under
subdivision 3 may not be used or disclosed by 911 system
agencies, their agents, or their employees for any other purpose
except under a court order. A telephone company or
telecommunications provider is not liable to any person for the
good faith release to emergency communications personnel of
information not in the public record, including, but not limited
to, nonpublished or nonlisted telephone numbers.
Sec. 39. Minnesota Statutes 1992, section 471.705, is
amended to read:
471.705 [MEETINGS OF GOVERNING BODIES; OPEN TO PUBLIC;
EXCEPTIONS.]
Subdivision 1. [REQUIREMENT PRESUMPTION OF OPENNESS.]
Except as otherwise expressly provided by statute, all meetings,
including executive sessions, of any state agency, board,
commission or department when required or permitted by law to
transact public business in a meeting, and the governing body of
any school district however organized, unorganized territory,
county, city, town, or other public body, and of any committee,
subcommittee, board, department or commission thereof, shall be
open to the public, except meetings of the commissioner of
corrections. The votes of the members of such state agency,
board, commission, or department or of such governing body,
committee, subcommittee, board, department, or commission on any
action taken in a meeting herein required to be open to the
public shall be recorded in a journal kept for that
purpose, which and the journal shall be open to the public
during all normal business hours where such records are kept.
The vote of each member shall be recorded on each appropriation
of money, except for payments of judgments, claims and amounts
fixed by statute. This section shall not apply to any state
agency, board, or commission when exercising quasi-judicial
functions involving disciplinary proceedings.
Subd. 1a. [LABOR NEGOTIATIONS; EXCEPTION.] Subdivision 1
does not apply to a meeting held pursuant to the procedure in
this subdivision. The governing body of a public employer may
by a majority vote in a public meeting decide to hold a closed
meeting to consider strategy for labor negotiations, including
negotiation strategies or developments or discussion and review
of labor negotiation proposals, conducted pursuant to sections
179A.01 to 179A.25. The time of commencement and place of the
closed meeting shall be announced at the public meeting. A
written roll of members and all other persons present at the
closed meeting shall be made available to the public after the
closed meeting. The proceedings of a closed meeting to discuss
negotiation strategies shall be tape recorded tape-recorded at
the expense of the governing body and. The recording shall be
preserved by it for two years after the contract is signed and
shall be made available to the public after all labor contracts
are signed by the governing body for the current budget period.
If an action is brought claiming that public business other
than discussions of labor negotiation strategies or developments
or discussion and review of labor negotiation proposals was
transacted at a closed meeting held pursuant to this subdivision
during the time when the tape is not available to the public,
the court shall review the recording of the meeting in camera.
If the court determines that no violation of this section is
found finds that this subdivision was not violated, the action
shall be dismissed and the recording shall be sealed and
preserved in the records of the court until otherwise made
available to the public pursuant to this section subdivision.
If the court determines that a violation of this section is
found finds that this subdivision was violated, the recording
may be introduced at trial in its entirety subject to any
protective orders as requested by either party and deemed
appropriate by the court.
The prevailing party in an action brought before or after
the tape is made available to the public which establishes that
a violation of this section has occurred shall recover costs and
reasonable attorney's fees as determined by the court.
Subd. 1b. [AGENDA WRITTEN MATERIALS.] In any meeting which
under subdivision 1 must be open to the public, at least one
copy of any printed materials relating to the agenda items of
the meeting which are prepared or distributed by or at the
direction of the governing body or its employees and which are:
(1) distributed at the meeting to all members of the
governing body;
(2) distributed before the meeting to all members; or
(3) available in the meeting room to all members;
shall be available in the meeting room for inspection by the
public. The materials shall be available to the public while
the governing body considers their subject matter. This
subdivision does not apply to materials classified by law as
other than public as defined in chapter 13, or to materials
relating to the agenda items of a closed meeting held in
accordance with the procedures in subdivision 1a or other law
permitting the closing of meetings. If a member intentionally
violates the requirements of this subdivision, that member shall
be subject to a civil penalty in an amount not to exceed $100.
An action to enforce this penalty may be brought by any person
in any court of competent jurisdiction where the administrative
office of the member is located.
Subd. 1c. [NOTICE OF MEETINGS.] (a) [REGULAR MEETINGS.] A
schedule of the regular meetings of a public body shall be kept
on file at its primary offices. If a public body decides to
hold a regular meeting at a time or place different from the
time or place stated in its schedule of regular meetings, it
shall give the same notice of the meeting that is provided in
this subdivision for a special meeting.
(b) [SPECIAL MEETINGS.] For a special meeting, except an
emergency meeting or a special meeting for which a notice
requirement is otherwise expressly established by statute, the
public body shall post written notice of the date, time, place,
and purpose of the meeting on the principal bulletin board of
the public body, or if the public body has no principal bulletin
board, on the door of its usual meeting room. The notice shall
also be mailed or otherwise delivered to each person who has
filed a written request for notice of special meetings with the
public body. This notice shall be posted and mailed or
delivered at least three days before the date of the meeting.
As an alternative to mailing or otherwise delivering notice to
persons who have filed a written request for notice of special
meetings, the public body may publish the notice once, at least
three days before the meeting, in the official newspaper of the
public body or, if there is none, in a qualified newspaper of
general circulation within the area of the public body's
authority. A person filing a request for notice of special
meetings may limit the request to notification of meetings
concerning particular subjects, in which case the public body is
required to send notice to that person only concerning special
meetings involving those subjects. A public body may establish
an expiration date for requests for notices of special meetings
pursuant to this paragraph and require refiling of the request
once each year. Not more than 60 days before the expiration
date of a request for notice, the public body shall send notice
of the refiling requirement to each person who filed during the
preceding year.
(c) [EMERGENCY MEETINGS.] For an emergency meeting, the
public body shall make good faith efforts to provide notice of
the meeting to each news medium that has filed a written request
for notice if the request includes the news medium's telephone
number. Notice of the emergency meeting shall be given by
telephone or by any other method used to notify the members of
the public body. Notice shall be provided to each news medium
which has filed a written request for notice as soon as
reasonably practicable after notice has been given to the
members. Notice shall include the subject of the meeting.
Posted or published notice of an emergency meeting shall not be
required. An "emergency" meeting is a special meeting called
because of circumstances that, in the judgment of the public
body, require immediate consideration by the public body. If
matters not directly related to the emergency are discussed or
acted upon at an emergency meeting, the minutes of the meeting
shall include a specific description of the matters. The notice
requirement of this paragraph supersedes any other statutory
notice requirement for a special meeting that is an emergency
meeting.
(d) [RECESSED OR CONTINUED MEETINGS.] If a meeting is a
recessed or continued session of a previous meeting, and the
time and place of the meeting was established during the
previous meeting and recorded in the minutes of that meeting,
then no further published or mailed notice is necessary. For
purposes of this clause, the term "meeting" includes a public
hearing conducted pursuant to chapter 429 or any other law or
charter provision requiring a public hearing by a public body.
(e) [CLOSED MEETINGS.] The notice requirements of this
subdivision apply to closed meetings.
(f) [STATE AGENCIES.] For a meeting of an agency, board,
commission, or department of the state, (i) the notice
requirements of this subdivision apply only if a statute
governing meetings of the agency, board, or commission does not
contain specific reference to the method of providing notice,
and (ii) all provisions of this subdivision relating to
publication shall be satisfied by publication in the State
Register.
(g) [ACTUAL NOTICE.] If a person receives actual notice of
a meeting of a public body at least 24 hours before the meeting,
all notice requirements of this subdivision are satisfied with
respect to that person, regardless of the method of receipt of
notice.
(h) [LIABILITY.] No fine or other penalty may be imposed
on a member of a public body for a violation of this subdivision
unless it is established that the violation was willful and
deliberate by the member.
Subd. 1d. [TREATMENT OF DATA CLASSIFIED AS NOT PUBLIC.]
(a) Except as provided in this section, meetings may not be
closed to discuss data that are not public data. Data that are
not public data may be discussed at a meeting subject to this
section without liability or penalty, if the disclosure relates
to a matter within the scope of the public body's authority, and
is reasonably necessary to conduct the business or agenda item
before the public body, and is without malice. During an open
meeting, a public body shall make reasonable efforts to protect
from disclosure data that are not public data, including where
practical acting by means of reference to a letter, number, or
other designation that does not reveal the identity of the data
subject. Data discussed at an open meeting retain the data's
original classification; however, a record of the meeting,
regardless of form, shall be public.
(b) Any portion of a meeting must be closed if expressly
required by other law or if the following types of data are
discussed:
(1) data that would identify alleged victims or reporters
of criminal sexual conduct, domestic abuse, or maltreatment of
minors or vulnerable adults;
(2) active investigative data as defined in section 13.82,
subdivision 5, or internal affairs data relating to allegations
of law enforcement personnel misconduct collected or created by
a state agency, statewide system, or political subdivision; or
(3) educational data, health data, medical data, welfare
data, or mental health data that are not public data under
section 13.32, 13.38, 13.42, or 13.46, subdivision 2 or 7.
(c) A public body shall close a meeting one or more
meetings for preliminary consideration of allegations or charges
against an individual subject to its authority. If the members
conclude that discipline of any nature may be warranted as a
result of those specific charges or allegations, further
meetings or hearings relating to those specific charges or
allegations held after that conclusion is reached must be open.
A meeting must also be open at the request of the individual who
is the subject of the meeting.
(d) A public body may close a meeting to evaluate the
performance of an individual who is subject to its authority.
The public body shall identify the individual to be evaluated
prior to closing a meeting. At its next open meeting, the
public body shall summarize its conclusions regarding the
evaluation. A meeting must be open at the request of the
individual who is the subject of the meeting.
(e) Meetings may be closed if the closure is expressly
authorized by statute or permitted by the attorney-client
privilege.
Subd. 1e. [REASONS FOR CLOSING A MEETING.] Before closing
a meeting, a public body shall state on the record the specific
grounds permitting the meeting to be closed and describe the
subject to be discussed.
Subd. 2. [VIOLATION; PENALTY PENALTIES.] (a) Any person
who intentionally violates subdivision 1 this section shall be
subject to personal liability in the form of a civil penalty in
an amount not to exceed $100 $300 for a single occurrence, which
may not be paid by the public body. An action to enforce this
penalty may be brought by any person in any court of competent
jurisdiction where the administrative office of the governing
body is located. Upon a third violation by the same person
connected with If a person has been found to have intentionally
violated this section in three or more actions brought under
this section involving the same governing body, such person
shall forfeit any further right to serve on such governing body
or in any other capacity with such public body for a period of
time equal to the term of office such person was then serving.
The court determining the merits of any action in connection
with any alleged third violation shall receive competent,
relevant evidence in connection therewith and, upon finding as
to the occurrence of a separate third violation, unrelated to
the previous violations issue its order declaring the position
vacant and notify the appointing authority or clerk of the
governing body. As soon as practicable thereafter the
appointing authority or the governing body shall fill the
position as in the case of any other vacancy.
(b) In addition to other remedies, the court may award
reasonable costs, disbursements, and reasonable attorney fees of
up to $13,000 to any party in an action under this section. The
court may award costs and attorney fees to a defendant only if
the court finds that the action under this section was frivolous
and without merit. A public body may pay any costs,
disbursements, or attorney fees incurred by or awarded against
any of its members in an action under this section.
(c) No monetary penalties or attorney fees may be awarded
against a member of a public body unless the court finds that
there was a specific intent to violate this section.
Subd. 3. [POPULAR NAME CITATION.] This section may be
cited as the "Minnesota open meeting law".
Sec. 40. Minnesota Statutes 1993 Supplement, section
595.02, subdivision 1, is amended to read:
Subdivision 1. [COMPETENCY OF WITNESSES.] Every person of
sufficient understanding, including a party, may testify in any
action or proceeding, civil or criminal, in court or before any
person who has authority to receive evidence, except as provided
in this subdivision:
(a) A husband cannot be examined for or against his wife
without her consent, nor a wife for or against her husband
without his consent, nor can either, during the marriage or
afterwards, without the consent of the other, be examined as to
any communication made by one to the other during the marriage.
This exception does not apply to a civil action or proceeding by
one against the other, nor to a criminal action or proceeding
for a crime committed by one against the other or against a
child of either or against a child under the care of either
spouse, nor to a criminal action or proceeding in which one is
charged with homicide or an attempt to commit homicide and the
date of the marriage of the defendant is subsequent to the date
of the offense, nor to an action or proceeding for nonsupport,
neglect, dependency, or termination of parental rights.
(b) An attorney cannot, without the consent of the
attorney's client, be examined as to any communication made by
the client to the attorney or the attorney's advice given
thereon in the course of professional duty; nor can any employee
of the attorney be examined as to the communication or advice,
without the client's consent.
(c) A member of the clergy or other minister of any
religion shall not, without the consent of the party making the
confession, be allowed to disclose a confession made to the
member of the clergy or other minister in a professional
character, in the course of discipline enjoined by the rules or
practice of the religious body to which the member of the clergy
or other minister belongs; nor shall a member of the clergy or
other minister of any religion be examined as to any
communication made to the member of the clergy or other minister
by any person seeking religious or spiritual advice, aid, or
comfort or advice given thereon in the course of the member of
the clergy's or other minister's professional character, without
the consent of the person.
(d) A licensed physician or surgeon, dentist, or
chiropractor shall not, without the consent of the patient, be
allowed to disclose any information or any opinion based thereon
which the professional acquired in attending the patient in a
professional capacity, and which was necessary to enable the
professional to act in that capacity; after the decease of the
patient, in an action to recover insurance benefits, where the
insurance has been in existence two years or more, the
beneficiaries shall be deemed to be the personal representatives
of the deceased person for the purpose of waiving this
privilege, and no oral or written waiver of the privilege shall
have any binding force or effect except when made upon the trial
or examination where the evidence is offered or received.
(e) A public officer shall not be allowed to disclose
communications made to the officer in official confidence when
the public interest would suffer by the disclosure.
(f) Persons of unsound mind and persons intoxicated at the
time of their production for examination are not competent
witnesses if they lack capacity to remember or to relate
truthfully facts respecting which they are examined.
(g) A registered nurse, psychologist or, consulting
psychologist, or licensed social worker engaged in a
psychological or social assessment or treatment of an individual
at the individual's request shall not, without the consent of
the professional's client, be allowed to disclose any
information or opinion based thereon which the professional has
acquired in attending the client in a professional capacity, and
which was necessary to enable the professional to act in that
capacity. Nothing in this clause exempts licensed social
workers from compliance with the provisions of sections 626.556
and 626.557.
(h) An interpreter for a person handicapped in
communication shall not, without the consent of the person, be
allowed to disclose any communication if the communication
would, if the interpreter were not present, be privileged. For
purposes of this section, a "person handicapped in
communication" means a person who, because of a hearing, speech
or other communication disorder, or because of the inability to
speak or comprehend the English language, is unable to
understand the proceedings in which the person is required to
participate. The presence of an interpreter as an aid to
communication does not destroy an otherwise existing privilege.
(i) Licensed chemical dependency counselors shall not
disclose information or an opinion based on the information
which they acquire from persons consulting them in their
professional capacities, and which was necessary to enable them
to act in that capacity, except that they may do so:
(1) when informed consent has been obtained in writing,
except in those circumstances in which not to do so would
violate the law or would result in clear and imminent danger to
the client or others;
(2) when the communications reveal the contemplation or
ongoing commission of a crime; or
(3) when the consulting person waives the privilege by
bringing suit or filing charges against the licensed
professional whom that person consulted.
(j) A parent or the parent's minor child may not be
examined as to any communication made in confidence by the minor
to the minor's parent. A communication is confidential if made
out of the presence of persons not members of the child's
immediate family living in the same household. This exception
may be waived by express consent to disclosure by a parent
entitled to claim the privilege or by the child who made the
communication or by failure of the child or parent to object
when the contents of a communication are demanded. This
exception does not apply to a civil action or proceeding by one
spouse against the other or by a parent or child against the
other, nor to a proceeding to commit either the child or parent
to whom the communication was made or to place the person or
property or either under the control of another because of an
alleged mental or physical condition, nor to a criminal action
or proceeding in which the parent is charged with a crime
committed against the person or property of the communicating
child, the parent's spouse, or a child of either the parent or
the parent's spouse, or in which a child is charged with a crime
or act of delinquency committed against the person or property
of a parent or a child of a parent, nor to an action or
proceeding for termination of parental rights, nor any other
action or proceeding on a petition alleging child abuse, child
neglect, abandonment or nonsupport by a parent.
(k) Sexual assault counselors may not be compelled to
testify about any opinion or information received from or about
the victim without the consent of the victim. However, a
counselor may be compelled to identify or disclose information
in investigations or proceedings related to neglect or
termination of parental rights if the court determines good
cause exists. In determining whether to compel disclosure, the
court shall weigh the public interest and need for disclosure
against the effect on the victim, the treatment relationship,
and the treatment services if disclosure occurs. Nothing in
this clause exempts sexual assault counselors from compliance
with the provisions of sections 626.556 and 626.557.
"Sexual assault counselor" for the purpose of this section
means a person who has undergone at least 40 hours of crisis
counseling training and works under the direction of a
supervisor in a crisis center, whose primary purpose is to
render advice, counseling, or assistance to victims of sexual
assault.
(l) A person cannot be examined as to any communication or
document, including worknotes, made or used in the course of or
because of mediation pursuant to an agreement to mediate. This
does not apply to the parties in the dispute in an application
to a court by a party to have a mediated settlement agreement
set aside or reformed. A communication or document otherwise
not privileged does not become privileged because of this
paragraph. This paragraph is not intended to limit the
privilege accorded to communication during mediation by the
common law.
(m) A child under ten years of age is a competent witness
unless the court finds that the child lacks the capacity to
remember or to relate truthfully facts respecting which the
child is examined. A child describing any act or event may use
language appropriate for a child of that age.
(n) A communication assistant for a telecommunications
relay system for communication-impaired persons shall not,
without the consent of the person making the communication, be
allowed to disclose communications made to the communication
assistant for the purpose of relaying.
Sec. 41. Minnesota Statutes 1993 Supplement, section
624.7131, subdivision 1, is amended to read:
Subdivision 1. [INFORMATION.] Any person may apply for a
transferee permit by providing the following information in
writing to the chief of police of an organized full time police
department of the municipality in which the person resides or to
the county sheriff if there is no such local chief of police:
(a) the name, residence, telephone number and driver's
license number or nonqualification certificate number, if any,
of the proposed transferee;
(b) the sex, date of birth, height, weight and color of
eyes, and distinguishing physical characteristics, if any, of
the proposed transferee; and
(c) a statement that the proposed transferee authorizes the
release to the local police authority of commitment information
about the proposed transferee maintained by the commissioner of
human services, to the extent that the information relates to
the proposed transferee's eligibility to possess a pistol or
semiautomatic military-style assault weapon under section
624.713, subdivision 1; and
(d) a statement by the proposed transferee that the
proposed transferee is not prohibited by section 624.713 from
possessing a pistol or semiautomatic military-style assault
weapon.
The statement statements shall be signed and dated by the
person applying for a permit. At the time of application, the
local police authority shall provide the applicant with a dated
receipt for the application. The statement under clause (c)
must comply with any applicable requirements of Code of Federal
Regulations, title 42, sections 2.31 to 2.35, with respect to
consent to disclosure of alcohol or drug abuse patient records.
Sec. 42. Minnesota Statutes 1992, section 624.7131,
subdivision 2, is amended to read:
Subd. 2. [INVESTIGATION.] The chief of police or sheriff
shall check criminal histories, records and warrant information
relating to the applicant through the Minnesota crime
information system. The chief of police or sheriff shall obtain
commitment information from the commissioner of human services
as provided in section 245.041.
Sec. 43. Minnesota Statutes 1993 Supplement, section
624.7132, subdivision 1, is amended to read:
Subdivision 1. [REQUIRED INFORMATION.] Except as provided
in this section and section 624.7131, every person who agrees to
transfer a pistol or semiautomatic military-style assault weapon
shall report the following information in writing to the chief
of police of the organized full-time police department of the
municipality where the agreement is made or to the appropriate
county sheriff if there is no such local chief of police:
(a) the name, residence, telephone number and driver's
license number or nonqualification certificate number, if any,
of the proposed transferee;
(b) the sex, date of birth, height, weight and color of
eyes, and distinguishing physical characteristics, if any, of
the proposed transferee;
(c) a statement that the proposed transferee authorizes the
release to the local police authority of commitment information
about the proposed transferee maintained by the commissioner of
human services, to the extent that the information relates to
the proposed transferee's eligibility to possess a pistol or
semiautomatic military-style assault weapon under section
624.713, subdivision 1;
(d) a statement by the proposed transferee that the
transferee is not prohibited by section 624.713 from possessing
a pistol or semiautomatic military-style assault weapon; and
(d) (e) the address of the place of business of the
transferor.
The report shall be signed and dated by the transferor and
the proposed transferee. The report shall be delivered by the
transferor to the chief of police or sheriff no later than three
days after the date of the agreement to transfer, excluding
weekends and legal holidays. The statement under clause (c)
must comply with any applicable requirements of Code of Federal
Regulations, title 42, sections 2.31 to 2.35, with respect to
consent to disclosure of alcohol or drug abuse patient records.
Sec. 44. Minnesota Statutes 1993 Supplement, section
624.7132, subdivision 2, is amended to read:
Subd. 2. [INVESTIGATION.] Upon receipt of a transfer
report, the chief of police or sheriff shall check criminal
histories, records and warrant information relating to the
proposed transferee through the Minnesota crime information
system. The chief of police or sheriff shall obtain commitment
information from the commissioner of human services as provided
in section 245.041.
Sec. 45. Minnesota Statutes 1992, section 624.714,
subdivision 3, is amended to read:
Subd. 3. [CONTENTS.] Applications for permits to carry
shall set forth in writing the following information:
(1) the name, residence, telephone number, and driver's
license number or nonqualification certificate number, if any,
of the applicant;
(2) the sex, date of birth, height, weight, and color of
eyes and hair, and distinguishing physical characteristics, if
any, of the applicant;
(3) a statement that the applicant authorizes the release
to the local police authority of commitment information about
the applicant maintained by the commissioner of human services,
to the extent that the information relates to the applicant's
eligibility to possess a pistol or semiautomatic military-style
assault weapon under section 624.713, subdivision 1;
(4) a statement by the applicant that the applicant is not
prohibited by section 624.713 from possessing a pistol or
semiautomatic military-style assault weapon; and
(4) (5) a recent color photograph of the applicant.
The application shall be signed and dated by the applicant. The
statement under clause (3) must comply with any applicable
requirements of Code of Federal Regulations, title 42, sections
2.31 to 2.35, with respect to consent to disclosure of alcohol
or drug abuse patient records.
Sec. 46. Minnesota Statutes 1992, section 624.714,
subdivision 4, is amended to read:
Subd. 4. [INVESTIGATION.] The application authority shall
check criminal records, histories, and warrant information on
each applicant through the Minnesota Crime Information System.
The chief of police or sheriff shall obtain commitment
information from the commissioner of human services as provided
in section 245.041.
Sec. 47. Laws 1990, chapter 566, section 9, as amended by
Laws 1992, chapter 569, section 36, is amended to read:
Sec. 9. [REPEALER.]
Section 2 is repealed effective July 31, 1994 1995.
Sec. 48. [INFORMATION POLICY TRAINING PLAN.]
Subdivision 1. [GENERAL.] The commissioner of
administration is responsible for the preparation of a plan for
training state and local government officials and employees on
data practices laws and procedures and other information policy
statutes, including official records and records management
statutes. The plan must include training models for state
agencies, counties, cities, school districts, higher education
agencies, and human service agencies. The plan must focus on
the development of broad-based training expertise and
responsibility for training within these entities. The plan
must be developed in consultation with representatives of these
entities, including:
(1) information policy council, commissioner of employee
relations, and attorney general;
(2) association of counties, county attorneys' council, and
counties insurance trust;
(3) league of Minnesota cities, city attorneys'
association, and cities insurance trust;
(4) school board association, council of school attorneys,
and school board association insurance trust;
(5) higher education agencies, University of Minnesota, and
university attorneys' office; and
(6) commissioner of human services, county human service
agencies, and private nonprofit agencies that provide social
services.
Subd. 2. [MODELS.] The training models developed under
subdivision 1 must:
(1) identify training needs within each group of entities,
including the need for mandatory training for certain positions
and continuing as well as initial training requirements;
(2) provide for assignment of training responsibility
within the entities and procedures for training; and
(3) provide for training resources, including the use of
electronic communications and other forms of technology,
audiovisual materials, and the development of written materials
and standard forms, such as consent forms.
Subd. 3. [REPORT.] The commissioner of administration
shall report to the legislature by January 1, 1995, with the
results of the plan prepared under this section and any other
recommendations for information policy training.
Sec. 49. [APPROPRIATION.]
$50,000 is appropriated from the general fund to the
commissioner of administration for the purpose of preparing the
training plan under section 48.
Sec. 50. [EFFECTIVE DATE; APPLICATION.]
Sections 18, 19, 24, 25, and 27, are effective the day
following final enactment. Section 30 is effective April 1,
1994. Section 31 is effective January 1, 1995.
Any increased civil penalties or awards of attorney fees
provided under section 39 apply only to actions for violations
occurring on or after August 1, 1994.
ARTICLE 2
Section 1. Minnesota Statutes 1992, section 13.71, is
amended by adding a subdivision to read:
Subd. 10. [CERTAIN DATA RECEIVED BY COMMISSIONER OF
COMMERCE.] Certain data received because of the commissioner's
participation in various organizations are classified under
section 45.012.
Sec. 2. Minnesota Statutes 1992, section 13.71, is amended
by adding a subdivision to read:
Subd. 11. [BANK INCORPORATORS DATA.] Financial data on
individuals submitted by incorporators proposing to organize a
bank are classified under section 46.041, subdivision 1.
Sec. 3. Minnesota Statutes 1992, section 13.71, is amended
by adding a subdivision to read:
Subd. 12. [SURPLUS LINES INSURER DATA.] Reports and
recommendations on the financial condition of eligible surplus
lines insurers submitted to the commissioner of commerce are
classified under section 60A.208, subdivision 7.
Sec. 4. Minnesota Statutes 1992, section 13.71, is amended
by adding a subdivision to read:
Subd. 13. [INSURER FINANCIAL CONDITION
DATA.] Recommendations on the financial condition of an insurer
submitted to the commissioner of commerce by the insurance
guaranty association are classified under section 60C.15.
Sec. 5. Minnesota Statutes 1992, section 13.71, is amended
by adding a subdivision to read:
Subd. 14. [INSURER SUPERVISION DATA.] Data on insurers
supervised by the commissioner of commerce under chapter 60G are
classified under section 60G.03, subdivision 1.
Sec. 6. Minnesota Statutes 1992, section 13.71, is amended
by adding a subdivision to read:
Subd. 15. [LIFE AND HEALTH INSURER DATA.] A report on an
insurer submitted by the life and health guaranty association to
the commissioner is classified under section 61B.28, subdivision
2.
Sec. 7. Minnesota Statutes 1992, section 13.71, is amended
by adding a subdivision to read:
Subd. 16. [SOLICITOR OR AGENT DATA.] Data relating to
suspension or revocation of a solicitor's or agent's license are
classified under section 62C.17, subdivision 4.
Sec. 8. Minnesota Statutes 1992, section 13.71, is amended
by adding a subdivision to read:
Subd. 17. [LEGAL SERVICE PLAN SOLICITOR OR AGENT DATA.]
Information contained in a request by a legal service plan for
termination of a solicitor's or agent's license is classified
under section 62G.20, subdivision 3.
Sec. 9. Minnesota Statutes 1992, section 13.99, is amended
by adding a subdivision to read:
Subd. 6c. [AQUACULTURE DATA.] Data on aquatic farming held
by the pollution control agency is classified under section
17.498.
Sec. 10. Minnesota Statutes 1992, section 13.99,
subdivision 7, is amended to read:
Subd. 7. [PESTICIDE DEALER AND APPLICATOR RECORDS.]
Records of pesticide dealers and applicators inspected or copied
by the commissioner of agriculture are classified under section
sections 18B.37, subdivision 5, and 18B.38.
Sec. 11. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 7a. [WHOLESALE PRODUCE DEALERS.] Financial data
submitted by a license applicant is classified under section
27.04, subdivision 2.
Sec. 12. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 7b. [MEAT INSPECTION DATA.] Access to information
obtained by the commissioner of agriculture under the meat
inspection law is governed by section 31A.27, subdivision 3.
Sec. 13. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 8a. [DAIRY PRODUCT DATA.] Financial and production
information obtained by the commissioner of agriculture to
administer chapter 34 are classified under section 32.71,
subdivision 2.
Sec. 14. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 17a. [HMO FINANCIAL STATEMENTS.] Unaudited financial
statements submitted to the commissioner by a health maintenance
organization are classified under section 62D.08, subdivision 6.
Sec. 15. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 19a. [HEALTH TECHNOLOGY DATA.] Data obtained by the
health technology advisory committee about a specific technology
are classified under section 62J.152, subdivision 7.
Sec. 16. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 19b. [PROVIDER CONFLICTS OF INTEREST.] Certain data
in transition plans submitted by providers to comply with
section 62J.23, subdivision 2, on conflicts of interest are
classified under that section.
Sec. 17. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 19c. [HEALTH CARE ANALYSIS DATA.] Data collected by
the health care analysis unit are classified under section
62J.30, subdivision 7.
Sec. 18. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 19d. [HEALTH CARRIER DATA.] Data received by the
commissioner from health carriers under chapter 62L are
classified under section 62L.10, subdivision 3.
Sec. 19. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 19e. [SMALL EMPLOYER REINSURANCE ASSOCIATION
DATA.] Patient identifying data held by the reinsurance
association are classified under section 62L.16, subdivision 6.
Sec. 20. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 21a. [MINERAL DEPOSIT EVALUATION DATA.] Data
submitted in applying for a permit for mineral deposit
evaluation are classified under section 103I.605, subdivision 2.
Sec. 21. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 21b. [TRANSFER STATION DATA.] Data received by a
county or district from a transfer station under section
115A.84, subdivision 5, are classified under that section.
Sec. 22. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 21c. [CUSTOMER LISTS.] Customer lists provided to
counties or cities by solid waste collectors are classified
under section 115A.93, subdivision 5.
Sec. 23. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 27a. [MINNESOTA TECHNOLOGY, INC.] Data on a tape of
a closed board meeting of Minnesota Technology, Inc. are
classified under section 116O.03, subdivision 6. Certain data
disclosed to the board or employees of Minnesota Technology,
Inc. are classified under section 116O.03, subdivision 7.
Sec. 24. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 27b. [AIRLINES DATA.] Specified data about an
airline submitted in connection with state financing of certain
aircraft maintenance facilities are classified under section
116R.02, subdivision 3.
Sec. 25. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 27c. [MINNESOTA BUSINESS FINANCE, INC.] Various data
held by Minnesota Business Finance, Inc. are classified under
section 116S.02, subdivision 8.
Sec. 26. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 27d. [LEARNING READINESS PROGRAM.] Data on a child
participating in a learning readiness program are classified
under section 121.831, subdivision 9.
Sec. 27. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 29a. [PARENTS' SOCIAL SECURITY NUMBER; BIRTH
CERTIFICATE.] Parents' social security numbers provided for a
child's birth certificate are classified under section 144.215,
subdivision 4.
Sec. 28. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 35a. [PUBLIC HOSPITAL MEETINGS.] Data from a closed
meeting of a public hospital are classified under section
144.581, subdivision 5.
Sec. 29. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 35b. [EPIDEMIOLOGIC DATA.] Epidemiologic data that
identify individuals are classified under section 144.6581.
Sec. 30. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 38a. [AMBULANCE SERVICE DATA.] Data required to be
reported by ambulance services under section 144.807,
subdivision 1, are classified under that section.
Sec. 31. Minnesota Statutes 1992, section 13.99,
subdivision 39, is amended to read:
Subd. 39. [HOME CARE SERVICES.] Certain data from
providers of home care services given to the commissioner of
health are classified under section sections 144A.46,
subdivision 5, and 144A.47.
Sec. 32. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 39a. [NURSING HOME EMPLOYEE DATA.] Certain data
arising out of appeals from findings of neglect, abuse, or
misappropriation of property are classified under section
144A.612.
Sec. 33. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 42a. [PHYSICIAN HEALTH DATA.] Physician health data
obtained by the licensing board in connection with a
disciplinary action are classified under section 147.091,
subdivision 6.
Sec. 34. Minnesota Statutes 1992, section 13.99,
subdivision 45, is amended to read:
Subd. 45. [CHIROPRACTIC REVIEW RECORDS.] Data of the board
of chiropractic examiners and the peer review committee are
classified under section sections 148.10, subdivision 1, and
148.106, subdivision 10.
Sec. 35. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 48a. [LICENSEE RESIDENCE ADDRESSES.] Residence
addresses of certain professional licensees are classified under
section 148B.04, subdivision 6.
Sec. 36. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 52a. [FUNERAL ESTABLISHMENT REPORTS.] Data on
individuals in annual reports required of certain funeral
establishments are classified under section 149.13, subdivision
7.
Sec. 37. Minnesota Statutes 1992, section 13.99,
subdivision 53, is amended to read:
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. Data obtained under
section 150A.081 are classified under that section.
Sec. 38. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 53a. [CONTROLLED SUBSTANCE CONVICTIONS.] Data on
certain convictions for controlled substances offenses may be
expunged under section 152.18, subdivisions 2 and 3.
Sec. 39. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 54a. [CHEMICAL USE ASSESSMENTS.] A report of an
assessment conducted in connection with a conviction for driving
while intoxicated is classified under section 169.126,
subdivision 2.
Sec. 40. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 58a. [WORKERS' COMPENSATION MEDICAL DATA.] Access to
medical data in connection with a workers' compensation claim is
governed by section 176.138.
Sec. 41. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 59a. [EMPLOYEE DRUG AND ALCOHOL TESTS.] Results of
employee drug and alcohol tests are classified under section
181.954, subdivision 2.
Sec. 42. Minnesota Statutes 1992, section 13.99,
subdivision 60, is amended to read:
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 sections 182.659, subdivision 8, and
182.668, subdivision 2.
Sec. 43. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 65c. [RAIL CARRIER DATA.] Certain data submitted to
the commissioner of transportation and the attorney general by
acquiring and divesting rail carriers are classified under
section 222.86, subdivision 3.
Sec. 44. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 65d. [GRAIN BUYER LICENSEE DATA.] Financial data
submitted to the commissioner by grain buyer's license
applicants are classified under section 223.17, subdivision 6.
Sec. 45. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 65e. [PREDATORY OFFENDERS.] Data provided under
section 243.166, subdivision 7, are classified under that
section.
Sec. 46. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 68a. [OMBUDSMAN FOR MENTAL HEALTH AND
RETARDATION.] Access by the ombudsman for mental health and
mental retardation to private data on individuals is provided
under section 245.94, subdivision 1.
Sec. 47. Minnesota Statutes 1992, section 13.99,
subdivision 71, is amended to read:
Subd. 71. [RAMSEY HEALTH CARE.] Data maintained by Ramsey
Health Care, Inc., are classified under section sections
246A.16, subdivision 3, and 246A.17.
Sec. 48. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 74a. [TECHNOLOGY ASSISTANCE REVIEW PANEL.] Data
maintained by the technology assistance review panel under
section 256.9691, subdivision 6, are classified under that
section.
Sec. 49. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 74b. [MEDICAL ASSISTANCE COST REPORTS.] Medical
records of medical assistance recipients obtained by the
commissioner of human services for purposes of section 256B.27,
subdivision 5, are classified under that section.
Sec. 50. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 79a. [COURT RECORDS.] Court records of dispositions
involving placement outside this state are classified under
section 260.195, subdivision 6.
Sec. 51. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 81a. [WAGE SUBSIDY PROGRAM.] Data on individuals
collected under section 268.552, subdivision 7, are classified
under that subdivision.
Sec. 52. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 91a. [HAZARDOUS SUBSTANCE EMERGENCIES.] Data
collected by a fire department under sections 299F.091 to
299F.099 are classified under sections 299F.095 and 299F.096,
subdivision 1.
Sec. 53. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 92b. [DATA ON VIDEOTAPE CONSUMERS.] Personally
identifiable information on videotape consumers received by law
enforcement agencies is classified under section 325I.02,
subdivision 2.
Sec. 54. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 92c. [SPORTS BOOKMAKING TAX.] Disclosure of facts
contained in a sports bookmaking tax return is prohibited by
section 349.2115, subdivision 8.
Sec. 55. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 92d. [LOTTERY PRIZE WINNER.] Certain data on a
lottery prize winner are classified under section 349A.08,
subdivision 9.
Sec. 56. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 94a. [PROPERTY TAX ABATEMENT.] Certain data in an
application for property tax abatement are classified under
section 375.192, subdivision 2.
Sec. 57. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 96a. [SOLID WASTE COLLECTOR.] Data obtained in an
audit of a solid waste collector under section 400.08,
subdivision 4, are classified under that subdivision.
Sec. 58. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 96b. [EMERGENCY TELEPHONE SERVICES.] Public utility
data and names, addresses, and telephone numbers provided to a
911 system under section 403.07, subdivisions 3 and 4, are
classified under those subdivisions.
Sec. 59. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 96c. [PUBLIC FACILITIES AUTHORITY.] Financial
information received or prepared by a public facilities
authority are classified under section 446A.11, subdivision 11.
Sec. 60. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 96d. [HOUSING FINANCE AGENCY.] Financial information
regarding a housing finance agency loan or grant recipient are
classified under section 462A.065.
Sec. 61. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 97a. [ECONOMIC DEVELOPMENT DATA.] Access to
preliminary information submitted to the commissioner of trade
and economic development under sections 469.142 to 469.151 or
sections 469.152 to 469.165 is limited under sections 469.150
and 469.154, subdivision 2.
Sec. 62. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 101a. [CUSTODY MEDIATION.] Child custody or
visitation mediation records are classified under section
518.619, subdivision 5.
Sec. 63. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 101b. [INTERNATIONAL WILL REGISTRATION.] Information
on the execution of international wills is classified under
section 524.2-1010, subdivision 1.
Sec. 64. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 107a. [SEX OFFENDER HIV TESTS.] Results of HIV tests
of sex offenders under section 611A.19, subdivision 2, are
classified under that section.
Presented to the governor May 6, 1994
Signed by the governor May 10, 1994, 4:47 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes