Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 202-S.F.No. 1068 
                  An act relating to government data practices; 
                  classifying and defining certain government data; 
                  providing for access to, use and maintenance of 
                  certain government data; clarifying effect of advisory 
                  opinions; modifying records management requirements; 
                  removing sunset on law governing access to juvenile 
                  records for gang investigations; extending authority 
                  for law governing property taxpayer data; requiring a 
                  report; abolishing certain administrative remedies; 
                  amending Minnesota Statutes 2000, sections 13.02, 
                  subdivision 11; 13.072, subdivision 2; 13.08, 
                  subdivision 4; 13.32, by adding a subdivision; 13.322, 
                  subdivision 3; 13.59; 13.719, by adding a subdivision; 
                  136A.243, by adding a subdivision; 138.17, subdivision 
                  7; 182.659, subdivision 8; 260B.171, subdivision 1; 
                  299C.095, subdivision 1; 299C.13; 299C.61, by adding a 
                  subdivision; 611A.19; Laws 1997, First Special Session 
                  chapter 3, section 27, as amended; proposing coding 
                  for new law in Minnesota Statutes, chapters 13; 611A; 
                  repealing Minnesota Statutes 2000, sections 13.081; 
                  13.592; 13.5921; 13.5922; 13.593; 13.594; 13.5951; 
                  13.5952; 13.5953; 13.596; 13.5965; 13.643, subdivision 
                  4; 16C.06, subdivision 3. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 13.02, 
        subdivision 11, is amended to read: 
           Subd. 11.  [POLITICAL SUBDIVISION.] "Political subdivision" 
        means any county, statutory or home rule charter city, school 
        district, special district, any town exercising powers under 
        chapter 368 and located in the metropolitan area, as defined in 
        section 473.121, subdivision 2, and any board, commission, 
        district or authority created pursuant to law, local ordinance 
        or charter provision.  It includes any nonprofit corporation 
        which is a community action agency organized pursuant to the 
        Economic Opportunity Act of 1964 (Public Law Number 88-452) as 
        amended, to qualify for public funds, or any nonprofit social 
        service agency which performs services under contract to any 
        political subdivision, statewide system or state agency, to the 
        extent that the nonprofit social service agency or nonprofit 
        corporation collects, stores, disseminates, and uses data on 
        individuals because of a contractual relationship with state 
        agencies, political subdivisions or statewide systems. 
           Sec. 2.  Minnesota Statutes 2000, section 13.072, 
        subdivision 2, is amended to read: 
           Subd. 2.  [EFFECT.] Opinions issued by the commissioner 
        under this section are not binding on the state agency, 
        statewide system, or political subdivision whose data is the 
        subject of the opinion, but must be given deference by a court 
        in a proceeding involving the data.  The commissioner shall 
        arrange for public dissemination of opinions issued under this 
        section.  This section does not preclude a person from bringing 
        any other action under this chapter or other law in addition to 
        or instead of requesting a written opinion.  A state agency, 
        statewide system, political subdivision, government entity or 
        person that acts in conformity with a written opinion of the 
        commissioner issued to the government entity or person or to 
        another party is not liable for compensatory or exemplary 
        damages or awards of attorneys fees in actions under section 
        13.08 or for a penalty under section 13.09. 
           Sec. 3.  Minnesota Statutes 2000, section 13.08, 
        subdivision 4, is amended to read: 
           Subd. 4.  [ACTION TO COMPEL COMPLIANCE.] (a) In addition to 
        the remedies provided in subdivisions 1 to 3 or any other law, 
        any aggrieved person seeking to enforce the person's rights 
        under this chapter or obtain access to data may bring an action 
        in district court to compel compliance with this chapter and may 
        recover costs and disbursements, including reasonable attorney's 
        fees, as determined by the court.  If the court determines that 
        an action brought under this subdivision is frivolous and 
        without merit and a basis in fact, it may award reasonable costs 
        and attorney fees to the responsible authority.  If the court 
        issues an order to compel compliance under this subdivision, the 
        court may impose a civil penalty of up to $300 against the 
        government entity.  This penalty is payable to the state general 
        fund and is in addition to damages under subdivision 1.  The 
        matter shall be heard as soon as possible.  In an action 
        involving a request for government data under section 13.03 or 
        13.04, the court may inspect in camera the government data in 
        dispute, but shall conduct its hearing in public and in a manner 
        that protects the security of data classified as not public.  If 
        the court issues an order to compel compliance under this 
        subdivision, the court shall forward a copy of the order to the 
        commissioner of administration. 
           (b) In determining whether to assess a civil penalty under 
        this subdivision, the court shall consider whether the 
        government entity has substantially complied with general data 
        practices under this chapter, including but not limited to, 
        whether the government entity has:  
           (1) designated a responsible authority under section 13.02, 
        subdivision 16; 
           (2) designated a data practices compliance official under 
        section 13.05, subdivision 13; 
           (3) prepared the public document that names the responsible 
        authority and describes the records and data on individuals that 
        are maintained by the government entity under section 13.05, 
        subdivision 1; 
           (4) developed public access procedures under section 13.03, 
        subdivision 2; procedures to guarantee the rights of data 
        subjects under section 13.05, subdivision 8; and procedures to 
        ensure that data on individuals are accurate and complete and to 
        safeguard the data's security under section 13.05, subdivision 
        5; 
           (5) sought an oral, written, or electronic opinion from the 
        commissioner of administration related to the matter at issue 
        and acted in conformity with that opinion or acted in conformity 
        with an opinion issued under section 13.072 that was sought by 
        another person; or 
           (6) provided ongoing training to government entity 
        personnel who respond to requests under this chapter. 
           Sec. 4.  Minnesota Statutes 2000, section 13.32, is amended 
        by adding a subdivision to read: 
           Subd. 5a.  [MILITARY RECRUITMENT.] A secondary institution 
        shall release to military recruiting officers the names, 
        addresses, and home telephone numbers of students in grades 11 
        and 12 within 60 days after the date of the request, except as 
        otherwise provided by this subdivision.  A secondary institution 
        shall give parents and students notice of the right to refuse 
        release of this data to military recruiting officers.  Notice 
        may be given by any means reasonably likely to inform the 
        parents and students of the right.  Data released to military 
        recruiting officers under this subdivision: 
           (1) may be used only for the purpose of providing 
        information to students about military service, state and 
        federal veterans' education benefits, and other career and 
        educational opportunities provided by the military; and 
           (2) shall not be further disseminated to any other person 
        except personnel of the recruiting services of the armed forces. 
           Sec. 5.  Minnesota Statutes 2000, section 13.322, 
        subdivision 3, is amended to read: 
           Subd. 3.  [HIGHER EDUCATION SERVICES OFFICE.] (a) 
        [GENERAL.] Data sharing involving the higher education services 
        office and other institutions is governed by section 136A.05. 
           (b) [STUDENT FINANCIAL AID.] Data collected and used by the 
        higher education services office on applicants for financial 
        assistance are classified under section 136A.162.  
           (c) [MINNESOTA COLLEGE SAVINGS PLAN DATA.] Account owner 
        data, account data, and data on beneficiaries of accounts under 
        the Minnesota college savings plan are classified under section 
        136A.243, subdivision 10. 
           (d) [SCHOOL FINANCIAL RECORDS.] Financial records submitted 
        by schools registering with the higher education services office 
        are classified under section 136A.64.  
           Sec. 6.  Minnesota Statutes 2000, section 13.59, is amended 
        to read: 
           13.59 [HOUSING AND REDEVELOPMENT DATA.] 
           Subdivision 1.  [PRIVATE SURVEY DATA.] The following data 
        collected in surveys of individuals conducted by cities and 
        housing and redevelopment authorities for the purposes of 
        planning, development, and redevelopment, are classified as 
        private data pursuant to section 13.02, subdivision 12:  the 
        names and addresses of individuals and the legal descriptions of 
        property owned by individuals.  
           Subd. 2.  [NONPUBLIC SURVEY DATA.] The following data 
        collected in surveys of businesses conducted by cities and 
        housing and redevelopment authorities, for the purposes of 
        planning, development, and redevelopment, are classified as 
        nonpublic data pursuant to section 13.02, subdivision 9:  the 
        names, addresses, and legal descriptions of business properties 
        and the commercial use of the property to the extent disclosure 
        of the use would identify a particular business. 
           Subd. 3.  [FINANCIAL ASSISTANCE DATA.] (a) The following 
        data that are submitted to a housing and redevelopment authority 
        by persons who are requesting financial assistance are private 
        data on individuals or nonpublic data: 
           (1) financial statements; 
           (2) credit reports; 
           (3) business plans; 
           (4) income and expense projections; 
           (5) customer lists; 
           (6) balance sheets; 
           (7) income tax returns; and 
           (8) design, market, and feasibility studies not paid for 
        with public funds. 
           (b) Data submitted to the authority under paragraph (a) 
        become public data if the authority provides financial 
        assistance to the person, except that the following data remain 
        private or nonpublic: 
           (1) business plans; 
           (2) income and expense projections not related to the 
        financial assistance provided; 
           (3) customer lists; 
           (4) income tax returns; and 
           (5) design, market, and feasibility studies not paid for 
        with public funds. 
           Subd. 4.  [DEFINITION.] For purposes of this section, 
        "housing and redevelopment authority" has the meaning given in 
        section 469.002, subdivision 2, and includes a government entity 
        exercising powers under sections 469.001 to 469.047. 
           Sec. 7.  [13.591] [BUSINESS DATA.] 
           Subdivision 1.  [NOT PUBLIC DATA WHEN BENEFIT 
        REQUESTED.] The following data, that are submitted to a 
        government entity by a business requesting financial assistance 
        or a benefit financed by public funds, are private or nonpublic 
        data:  financial information about the business including, 
        credit reports; financial statements; net worth calculations; 
        business plans; income and expense projections; balance sheets; 
        customer lists; income tax returns; and design, market, and 
        feasibility studies not paid for with public funds. 
           Subd. 2.  [PUBLIC DATA WHEN BENEFIT RECEIVED.] Data 
        submitted to a government entity under subdivision 1 become 
        public when public financial assistance is provided or the 
        business receives a benefit from the government entity, except 
        that the following data remain private or nonpublic:  business 
        plans; income and expense projections not related to the 
        financial assistance provided; customer lists; income tax 
        returns; and design, market, and feasibility studies not paid 
        for with public funds. 
           Subd. 3.  [BUSINESS AS VENDOR.] (a) Data submitted by a 
        business to a government entity in response to a request for 
        bids as defined in section 16C.02, subdivision 11, are private 
        or nonpublic until the bids are opened.  Once the bids are 
        opened, the name of the bidder and the dollar amount specified 
        in the response are read and become public.  All other data in a 
        bidder's response to a bid are private or nonpublic data until 
        completion of the selection process.  For purposes of this 
        section, "completion of the selection process" means that the 
        government entity has completed its evaluation and has ranked 
        the responses.  After a government entity has completed the 
        selection process, all remaining data submitted by all bidders 
        are public with the exception of trade secret data as defined 
        and classified in section 13.37.  A statement by a bidder that 
        submitted data are copyrighted or otherwise protected does not 
        prevent public access to the data contained in the bid. 
           If all responses to a request for bids are rejected prior 
        to completion of the selection process, all data, other than 
        that made public at the bid opening, remain private or nonpublic 
        until a resolicitation of bids results in completion of the 
        selection process or a determination is made to abandon the 
        purchase.  If the rejection occurs after the completion of the 
        selection process, the data remain public.  If a resolicitation 
        of bids does not occur within one year of the bid opening date, 
        the remaining data become public. 
           (b) Data submitted by a business to a government entity in 
        response to a request for proposal, as defined in section 
        16C.02, subdivision 12, are private or nonpublic until the 
        responses are opened.  Once the responses are opened, the name 
        of the responder is read and becomes public.  All other data in 
        a responder's response to a request for proposal are private or 
        nonpublic data until completion of the evaluation process.  For 
        purposes of this section, "completion of the evaluation process" 
        means that the government entity has completed negotiating the 
        contract with the selected vendor.  After a government entity 
        has completed the evaluation process, all remaining data 
        submitted by all responders are public with the exception of 
        trade secret data as defined and classified in section 13.37.  A 
        statement by a responder that submitted data are copyrighted or 
        otherwise protected does not prevent public access to the data 
        contained in the response. 
           If all responses to a request for proposal are rejected 
        prior to completion of the evaluation process, all data, other 
        than that made public at the response opening, remain private or 
        nonpublic until a resolicitation of the requests for proposal 
        results in completion of the evaluation process or a 
        determination is made to abandon the purchase.  If the rejection 
        occurs after the completion of the evaluation process, the data 
        remain public.  If a resolicitation of proposals does not occur 
        within one year of the proposal opening date, the remaining data 
        become public.  
           Sec. 8.  Minnesota Statutes 2000, section 13.719, is 
        amended by adding a subdivision to read: 
           Subd. 6.  [AUTOMOBILE INSURANCE.] (a) [GROUP SELF-INSURANCE 
        DATA.] Financial data relating to nonpublic companies that are 
        submitted to the commissioner of commerce for the purpose of 
        obtaining approval to self-insure liability for automobile 
        coverage as a group are classified as nonpublic data. 
           (b) [SELF-INSURANCE; PLAN ADMINISTRATOR DATA.] Financial 
        documents, including income statements, balance sheets, 
        statements of change in financial positions, and supporting 
        financial information submitted by nonpublic companies seeking 
        to self-insure their automobile liability or to be licensed as 
        self-insurance plan administrators are classified as nonpublic 
        data. 
           Sec. 9.  Minnesota Statutes 2000, section 136A.243, is 
        amended by adding a subdivision to read: 
           Subd. 10.  [DATA.] Account owner data, account data, and 
        data on beneficiaries of accounts are private data on 
        individuals as defined in section 13.02, except that the names 
        and addresses of the beneficiaries of accounts that receive 
        grants are public. 
           Sec. 10.  Minnesota Statutes 2000, section 138.17, 
        subdivision 7, is amended to read: 
           Subd. 7.  [RECORDS MANAGEMENT PROGRAM.] A records 
        management program for the application of efficient and 
        economical management methods to the creation, utilization, 
        maintenance, retention, preservation, and disposal of official 
        records shall be administered by the commissioner of 
        administration with assistance from the director of the 
        historical society.  The state records center which stores and 
        services state records not in state archives shall be 
        administered by the commissioner of administration.  The 
        commissioner of administration is empowered to (1) establish 
        standards, procedures, and techniques for effective management 
        of government records, (2) make continuing surveys of paper work 
        operations, and (3) recommend improvements in current records 
        management practices including the use of space, equipment, and 
        supplies employed in creating, maintaining, preserving and 
        disposing of government records.  It shall be the duty of the 
        head of each state agency and the governing body of each county, 
        municipality, and other subdivision of government to cooperate 
        with the commissioner in conducting surveys and to establish and 
        maintain an active, continuing program for the economical and 
        efficient management of the records of each agency, county, 
        municipality, or other subdivision of government.  When 
        requested by the commissioner, public officials shall assist in 
        the preparation of an inclusive inventory of records in their 
        custody, to which shall be attached a schedule, approved by the 
        head of the governmental unit or agency having custody of the 
        records and the commissioner, establishing a time period for the 
        retention or disposal of each series of records.  When the 
        schedule is unanimously approved by the records disposition 
        panel, the head of the governmental unit or agency having 
        custody of the records may dispose of the type of records listed 
        in the schedule at a time and in a manner prescribed in the 
        schedule for particular records which were created after the 
        approval.  A list of records disposed of pursuant to this 
        subdivision shall be forwarded to the commissioner and the 
        archivist maintained by the head of the governmental unit or 
        agency.  The archivist shall maintain a list of all records 
        destroyed. 
           Sec. 11.  Minnesota Statutes 2000, section 182.659, 
        subdivision 8, is amended to read: 
           Subd. 8.  Neither the commissioner nor any employee of the 
        department, including those employees of the department of 
        health providing services to the department of labor and 
        industry, pursuant to section 182.67, subdivision 1, is subject 
        to subpoena for purposes of inquiry into any occupational safety 
        and health inspection except in enforcement proceedings brought 
        under this chapter.  All written information, documentation and 
        reports gathered or prepared by the department pursuant to an 
        occupational safety and health inspection are public information 
        once the departmental inspection file is closed. Data that 
        identify individuals who provide data to the department as part 
        of an investigation conducted under this chapter shall be 
        private. 
           Sec. 12.  Minnesota Statutes 2000, section 260B.171, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [RECORDS REQUIRED TO BE KEPT.] (a) The 
        juvenile court judge shall keep such minutes and in such manner 
        as the court deems necessary and proper.  Except as provided in 
        paragraph (b), the court shall keep and maintain records 
        pertaining to delinquent adjudications until the person reaches 
        the age of 28 years and shall release the records on an 
        individual to another juvenile court that has jurisdiction of 
        the juvenile, to a requesting adult court for purposes of 
        sentencing, or to an adult court or juvenile court as required 
        by the right of confrontation of either the United States 
        Constitution or the Minnesota Constitution.  The juvenile court 
        shall provide, upon the request of any other juvenile court, 
        copies of the records concerning adjudications involving the 
        particular child.  The court also may provide copies of records 
        concerning delinquency adjudications, on request, to law 
        enforcement agencies, probation officers, and corrections agents 
        if the court finds that providing these records serves public 
        safety or is in the best interests of the child.  Until July 1, 
        2001, Juvenile court delinquency proceeding records of 
        adjudications, court transcripts, and delinquency petitions, 
        including any probable cause attachments that have been filed or 
        police officer reports relating to a petition, must be released 
        to requesting law enforcement agencies and prosecuting 
        authorities for purposes of investigating and prosecuting 
        violations of section 609.229, provided that psychological or 
        mental health reports may not be included with those records.  
        The agency receiving the records may release the records only as 
        permitted under this section or authorized by law. 
           The court shall also keep an index in which files 
        pertaining to juvenile matters shall be indexed under the name 
        of the child.  After the name of each file shall be shown the 
        file number and, if ordered by the court, the book and page of 
        the register in which the documents pertaining to such file are 
        listed.  The court shall also keep a register properly indexed 
        in which shall be listed under the name of the child all 
        documents filed pertaining to the child and in the order filed.  
        The list shall show the name of the document and the date of 
        filing thereof.  The juvenile court legal records shall be 
        deposited in files and shall include the petition, summons, 
        notice, findings, orders, decrees, judgments, and motions and 
        such other matters as the court deems necessary and proper.  
        Unless otherwise provided by law, all court records shall be 
        open at all reasonable times to the inspection of any child to 
        whom the records relate, and to the child's parent and guardian. 
           (b) The court shall retain records of the court finding 
        that a juvenile committed an act that would be a felony- or 
        gross misdemeanor level offense until the offender reaches the 
        age of 28.  If the offender commits a felony as an adult, or the 
        court convicts a child as an extended jurisdiction juvenile, the 
        court shall retain the juvenile records for as long as the 
        records would have been retained if the offender had been an 
        adult at the time of the juvenile offense.  This paragraph does 
        not apply unless the juvenile was provided counsel as required 
        by section 260B.163, subdivision 2. 
           Sec. 13.  Minnesota Statutes 2000, section 299C.095, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ACCESS TO DATA ON JUVENILES.] (a) The 
        bureau shall administer and maintain the computerized juvenile 
        history record system based on sections 260B.171 and 260C.171 
        and other statutes requiring the reporting of data on 
        juveniles.  The data in the system are private data as defined 
        in section 13.02, subdivision 12, but are accessible to criminal 
        justice agencies as defined in section 13.02, subdivision 3a, to 
        all trial courts and appellate courts, to a person who has 
        access to the juvenile court records as provided in sections 
        260B.171 and 260C.171 or under court rule, to public defenders 
        as provided in section 611.272, and to criminal justice agencies 
        in other states in the conduct of their official duties. 
           (b) Except for access authorized under paragraph (a), the 
        bureau shall only disseminate a juvenile adjudication history 
        record in connection with a background check required by statute 
        or rule and performed on a licensee, license applicant, or 
        employment applicant or performed under section 299C.62 or 
        624.713.  If the background check is performed under section 
        299C.62, juvenile adjudication history disseminated under this 
        paragraph is limited to offenses that would constitute a 
        background check crime as defined in section 299C.61, 
        subdivision 2.  A consent for release of information from an 
        individual who is the subject of a juvenile adjudication history 
        is not effective and the bureau shall not release a juvenile 
        adjudication history record and shall not release information in 
        a manner that reveals the existence of the record. 
           Sec. 14.  Minnesota Statutes 2000, section 299C.13, is 
        amended to read: 
           299C.13 [INFORMATION FURNISHED TO PEACE OFFICER.] 
           Upon receipt of information data as to any arrested person, 
        the bureau shall immediately ascertain whether the person 
        arrested has a criminal record or is a fugitive from justice, 
        and shall at once inform the arresting officer of the facts 
        ascertained, including references to any juvenile or adult court 
        disposition data that are not in the criminal history system.  
        Upon application by any sheriff, chief of police, or other peace 
        officer in the state, or by an officer of the United States or 
        by an officer of another state, territory, or government duly 
        authorized to receive the same and effecting reciprocal 
        interchange of similar information with the division, it shall 
        be the duty of the bureau to furnish all information in its 
        possession pertaining to the identification of any person.  If 
        the bureau has a sealed record on the arrested person, it shall 
        notify the requesting peace officer of that fact and of the 
        right to seek a court order to open the record for purposes of 
        law enforcement.  A criminal justice agency shall be notified, 
        upon request, of the existence and contents of a sealed record 
        containing conviction information about an applicant for 
        employment.  For purposes of this section a "criminal justice 
        agency" means courts or a government agency that performs the 
        administration of criminal justice under statutory authority. 
           Sec. 15.  Minnesota Statutes 2000, section 299C.61, is 
        amended by adding a subdivision to read: 
           Subd. 8a.  [CONVICTION.] "Conviction" means a criminal 
        conviction or an adjudication of delinquency for an offense that 
        would be a crime if committed by an adult. 
           Sec. 16.  Minnesota Statutes 2000, section 611A.19, is 
        amended to read: 
           611A.19 [TESTING OF SEX OFFENDER FOR HUMAN IMMUNODEFICIENCY 
        VIRUS.] 
           Subdivision 1.  [TESTING ON REQUEST OF VICTIM.] (a) Upon 
        the request or with the consent of the victim, the prosecutor 
        shall make a motion in camera and the sentencing court shall 
        issue an order requiring an adult convicted of or a juvenile 
        adjudicated delinquent for violating section 609.342 (criminal 
        sexual conduct in the first degree), 609.343 (criminal sexual 
        conduct in the second degree), 609.344 (criminal sexual conduct 
        in the third degree), 609.345 (criminal sexual conduct in the 
        fourth degree), or any other violent crime, as defined in 
        section 609.1095, to submit to testing to determine the presence 
        of human immunodeficiency virus (HIV) antibody if:  
           (1) the crime involved sexual penetration, however slight, 
        as defined in section 609.341, subdivision 12; or 
           (2) evidence exists that the broken skin or mucous membrane 
        of the victim was exposed to or had contact with the offender's 
        semen or blood during the commission of the crime in a manner 
        which has been demonstrated epidemiologically to transmit the 
        human immunodeficiency virus (HIV).  
           (b) When the court orders an offender to submit to testing 
        under paragraph (a), the court shall order that the test be 
        performed by an appropriate health professional who is trained 
        to provide the counseling described in section 144.7414, and 
        that no reference to the test, the motion requesting the test, 
        the test order, or the test results may appear in the criminal 
        record or be maintained in any record of the court or court 
        services, except in the medical record maintained by the 
        department of corrections.  
           Subd. 2.  [DISCLOSURE OF TEST RESULTS.] The date and 
        results of a test performed under subdivision 1 are private data 
        as defined in section 13.02, subdivision 12, when maintained by 
        a person subject to chapter 13, or may be released only with the 
        subject's consent, if maintained by a person not subject to 
        chapter 13.  The results are available, on request, to the 
        victim or, if the victim is a minor, to the victim's parent or 
        guardian and positive test results shall be reported to the 
        commissioner of health.  Any test results given to a victim or 
        victim's parent or guardian shall be provided by a health 
        professional who is trained to provide the counseling described 
        in section 144.7414.  Data regarding administration and results 
        of the test are not accessible to any other person for any 
        purpose and shall not be maintained in any record of the court 
        or court services or any other record.  After the test results 
        are given to the victim or the victim's parent or guardian, data 
        on the test must be removed from any medical data or health 
        records maintained under section 13.384 or 144.335 and 
        destroyed, except for those medical records maintained by the 
        department of corrections. 
           Sec. 17.  [611A.46] [CLASSIFICATION OF DATA.] 
           (a) Personal history information and other information 
        collected, used, and maintained by a Minnesota center for crime 
        victim services grantee from which the identity and location of 
        any crime victim may be determined are private data on 
        individuals as defined in section 13.02, subdivision 12, and the 
        grantee shall maintain the data in accordance with the 
        provisions of chapter 13. 
           (b) Personal history data and other information collected, 
        used, and maintained by the Minnesota center for crime victim 
        services from which the identity and location of any victim may 
        be determined are private data on individuals as defined in 
        section 13.02, subdivision 12. 
           (c) Internal auditing data shall be classified as provided 
        by section 13.392. 
           Sec. 18.  Laws 1997, First Special Session chapter 3, 
        section 27, as amended by Laws 1999, chapter 243, article 5, 
        section 45, is amended to read: 
           Sec. 27.  [TAXPAYER'S PERSONAL INFORMATION; DISCLOSURE.] 
           (a) An owner of property in Washington or Ramsey county 
        that is subject to property taxation must be informed in a clear 
        and conspicuous manner in writing on a form sent to property 
        taxpayers that the property owner's name, address, and other 
        information may be used, rented, or sold for business purposes, 
        including surveys, marketing, and solicitation. 
           (b) If the property owner so requests on the form provided, 
        then any such list generated by the county and sold for business 
        purposes must exclude the owner's name and address if the 
        business purpose is conducting surveys, marketing, or 
        solicitation. 
           (c) This section expires August 1, 2001 2003. 
           Sec. 19.  [NONCUSTODIAL PARENT PROGRAM.] 
           Notwithstanding Minnesota Statutes, section 13.46, until 
        August 1, 2002, the public authority responsible for child 
        support enforcement and an agency administering the noncustodial 
        parent employment and support services program under contract 
        with the department of human services in Hennepin county may 
        exchange data on current and former program participants for 
        purposes of evaluating the program.  Any private agency 
        administering the program must agree to be bound by Minnesota 
        Statutes, chapter 13. 
           Sec. 20.  [REPORT OF DATA LAWS.] 
           The responsible authority of each state agency shall 
        prepare a list that identifies all data classification 
        provisions relating to business that are within the jurisdiction 
        of the agency, or that the agency has been given the statutory 
        authority to ensure compliance with or enforce.  The agency 
        shall submit this list to the commissioner of administration no 
        later than November 1, 2001. 
           Sec. 21.  [REPEALER.] 
           Minnesota Statutes 2000, sections 13.081; 13.592; 13.5921; 
        13.5922; 13.593; 13.594; 13.5951; 13.5952; 13.5953; 13.596; 
        13.5965; 13.643, subdivision 4; and 16C.06, subdivision 3, are 
        repealed. 
           Sec. 22.  [EFFECTIVE DATE.] 
           Sections 5 and 9 are effective the day following final 
        enactment. 
           Presented to the governor May 25, 2001 
           Signed by the governor May 29, 2001, 11:34 a.m.

Official Publication of the State of Minnesota
Revisor of Statutes