Office of the Revisor of Statutes
Minnesota Session Laws - 2004, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 290-H.F.No. 2087
An act relating to data practices; providing for the
collection and dissemination of data; proposing and
modifying classifications of data; providing for
sharing and release of certain not public data;
requiring release of mental health records to law
enforcement in certain emergency situations; amending
Minnesota Statutes 2002, sections 13.03, by adding a
subdivision; 13.3806, by adding a subdivision; 13.43,
subdivision 2, by adding a subdivision; 13.44, by
adding a subdivision; 13.46, subdivisions 1, 7;
13.461, by adding a subdivision; 13.47, subdivision 4;
13.51, subdivision 2, by adding a subdivision; 13.598,
as amended; 13.7931, by adding a subdivision; 13.82,
subdivision 5; 13.871, by adding a subdivision;
13D.05, subdivision 3; 38.04; 45.027, subdivision 7a;
60A.03, subdivision 9; 60A.031, subdivision 4;
119B.02, subdivision 6; 144.2215; 144.335, subdivision
3a; 270B.01, subdivision 8; 270B.12, subdivision 9;
270B.14, subdivision 2; 629.341, subdivision 4;
Minnesota Statutes 2003 Supplement, sections 13.46,
subdivision 2; 268.19, subdivisions 1, 2; 270B.12,
subdivision 13; Laws 2002, chapter 266, section 1;
proposing coding for new law in Minnesota Statutes,
chapters 13; 84; 144; repealing Minnesota Statutes
2002, sections 13.319, subdivision 7; 13.475.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2002, section 13.03, is
amended by adding a subdivision to read:
Subd. 12. [PLEADINGS.] Pleadings, as defined by court
rule, served by or on a government entity, are public data to
the same extent that the data would be public if filed with the
court.
Sec. 2. [13.203] [SERVICE COOPERATIVE CLAIMS DATA.]
Claims experience and all related information received from
carriers and claims administrators participating in a group
health or dental plan, including any long-term disability plan,
offered through the Minnesota service cooperatives to Minnesota
school districts and other political subdivisions, and survey
information collected from employees and employers participating
in these plans and programs, except when the executive director
of a Minnesota service cooperative determines that release of
the data will not be detrimental to the plan or program, are
classified as nonpublic data not on individuals.
Sec. 3. Minnesota Statutes 2002, section 13.3806, is
amended by adding a subdivision to read:
Subd. 4a. [BIRTH DEFECTS INFORMATION SYSTEM.] Information
collected for the birth defects information system is governed
by section 144.2217.
[EFFECTIVE DATE.] This section is effective upon receipt of
a federal grant to establish a birth defects information system.
Sec. 4. Minnesota Statutes 2002, section 13.43,
subdivision 2, is amended to read:
Subd. 2. [PUBLIC DATA.] (a) Except for employees described
in subdivision 5 and subject to the limitations in subdivision
5a, 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:
(1) name; employee identification number, which must not be
the employee's Social Security number; actual gross salary;
salary range; contract fees; actual gross pension; the value and
nature of employer paid fringe benefits; and the basis for and
the amount of any added remuneration, including expense
reimbursement, in addition to salary;
(2) job title and bargaining unit; job description;
education and training background; and previous work experience;
(3) date of first and last employment;
(4) the existence and status of any complaints or charges
against the employee, regardless of whether the complaint or
charge resulted in a disciplinary action;
(5) 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;
(6) the terms of any agreement settling any dispute arising
out of an employment relationship, including a buyout agreement
as defined in section 123B.143, subdivision 2, paragraph (a);
except that the agreement must include specific reasons for the
agreement if it involves the payment of more than $10,000 of
public money;
(7) work location; a work telephone number; badge number;
and honors and awards received; and
(8) 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.
(e) Notwithstanding paragraph (a), clause (5), upon
completion of an investigation of a complaint or charge against
a public official, or if a public official resigns or is
terminated from employment while the complaint or charge is
pending, all data relating to the complaint or charge are
public, unless access to the data would jeopardize an active
investigation or reveal confidential sources. For purposes of
this paragraph, "public official" means:
(1) the head of a state agency and deputy and assistant
state agency heads;
(2) members of boards or commissions required by law to be
appointed by the governor or other elective officers; and
(3) executive or administrative heads of departments,
bureaus, divisions, or institutions.
Sec. 5. Minnesota Statutes 2002, section 13.43, is amended
by adding a subdivision to read:
Subd. 5a. [LIMITATION ON DISCLOSURE OF CERTAIN PERSONNEL
DATA.] Notwithstanding any other provision of this section, the
following data relating to employees of a secure treatment
facility defined in section 253B.02, subdivision 18a, employees
of a state correctional facility, or employees of the Department
of Corrections directly involved in supervision of offenders in
the community, shall not be disclosed to facility patients,
corrections inmates, or other individuals who facility or
correction administrators reasonably believe will use the
information to harass, intimidate, or assault any of these
employees: place where previous education or training occurred;
place of prior employment; and payroll timesheets or other
comparable data, to the extent that disclosure of payroll
timesheets or other comparable data may disclose future work
assignments, home address or telephone number, the location of
an employee during nonwork hours, or the location of an
employee's immediate family members.
Sec. 6. Minnesota Statutes 2002, section 13.44, is amended
by adding a subdivision to read:
Subd. 4. [PERSONAL AND INTANGIBLE PROPERTY; APPRAISAL
DATA.] Preliminary and final market value appraisals, which are
made by personnel of a city or county or by an independent
appraiser acting on behalf of a city or county, of personal and
intangible property owned by the city or county, are classified
as nonpublic data not on individuals until either (1) a purchase
agreement is entered into; or (2) the parties negotiating the
transaction exchange appraisals.
Sec. 7. Minnesota Statutes 2002, section 13.46,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] As used in this section:
(a) "Individual" means an individual according to section
13.02, subdivision 8, but does not include a vendor of services.
(b) "Program" includes all programs for which authority is
vested in a component of the welfare system according to statute
or federal law, including, but not limited to, the aid to
families with dependent children program formerly codified in
sections 256.72 to 256.87, Minnesota family investment program,
temporary assistance for needy families program, medical
assistance, general assistance, general assistance medical care,
child care assistance program, and child support collections.
(c) "Welfare system" includes the Department of Human
Services, local social services agencies, county welfare
agencies, private licensing agencies, the public authority
responsible for child support enforcement, human services
boards, community mental health center boards, state hospitals,
state nursing homes, the ombudsman for mental health and mental
retardation, and persons, agencies, institutions, organizations,
and other entities under contract to any of the above agencies
to the extent specified in the contract.
(d) "Mental health data" means data on individual clients
and patients of community mental health centers, established
under section 245.62, mental health divisions of counties and
other providers under contract to deliver mental health
services, or the ombudsman for mental health and mental
retardation.
(e) "Fugitive felon" means a person who has been convicted
of a felony and who has escaped from confinement or violated the
terms of probation or parole for that offense.
(f) "Private licensing agency" means an agency licensed by
the commissioner of human services under chapter 245A to perform
the duties under section 245A.16.
Sec. 8. Minnesota Statutes 2003 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) according to section 13.05;
(2) according to court order;
(3) according 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 verify an individual's identity; determine eligibility,
amount of assistance, and the need to provide services of
additional programs to the an individual or family across
programs; evaluate the effectiveness of programs; and
investigate suspected fraud;
(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 to the Department
of Revenue to administer and evaluate tax refund or tax credit
programs and to identify individuals who may benefit from these
programs. The following information may be disclosed under this
paragraph: an individual's and their dependent's names, dates
of birth, Social Security numbers, income, addresses, and other
data as required, upon request by the Department of Revenue to
administer the property tax refund law, supplemental housing
allowance, early refund of refundable tax credits, and the
income tax. "Refundable tax credits" means Disclosures by the
commissioner of human services for the purposes described in
this clause are governed by section 270B.14, subdivision 1. Tax
refund or tax credit programs include, but are not limited to,
the dependent care credit under section 290.067, the Minnesota
working family credit under section 290.0671, the property tax
refund and rental credit under section 290A.04, and, if the
required federal waiver or waivers are granted, the federal
earned income tax credit under section 32 of the Internal
Revenue Code the Minnesota education credit under section
290.0674;
(9) between the Department of Human Services, the
Department of Education, and the Department of Employment and
Economic Security Development for the purpose of monitoring the
eligibility of the data subject for unemployment benefits, for
any employment or training program administered, supervised, or
certified by that agency, for the purpose of administering any
rehabilitation program or child care assistance program, whether
alone or in conjunction with the welfare system, or to monitor
and evaluate the Minnesota family investment program by
exchanging data on recipients and former recipients of food
support, cash assistance under chapter 256, 256D, 256J, or 256K,
child care assistance under chapter 119B, or medical programs
under chapter 256B, 256D, or 256L;
(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 programs as defined in
section 245A.02 may be disclosed to the protection and advocacy
system established in this state according to Part C of Public
Law 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
Services Office 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 Minnesota family investment
program participant may be disclosed to law enforcement officers
who provide the name of the participant and notify the agency
that:
(i) the participant:
(A) is a fugitive felon fleeing to avoid prosecution, or
custody or confinement after conviction, for a crime or attempt
to commit a crime that is a felony under the laws of the
jurisdiction from which the individual is fleeing; or
(B) is violating a condition of probation or parole imposed
under state or federal law;
(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;
(16) the current address of a recipient of general
assistance 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;
(17) information obtained from food support 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, according to Code of Federal Regulations, title
7, section 272.1(c);
(18) the address, Social Security number, and, if
available, photograph of any member of a household receiving
food support shall be made available, on request, to a local,
state, or federal law enforcement officer if the officer
furnishes the agency with the name of the member and notifies
the agency that:
(i) the member:
(A) is fleeing to avoid prosecution, or custody or
confinement after conviction, for a crime or attempt to commit a
crime that is a felony in the jurisdiction the member is
fleeing;
(B) is violating a condition of probation or parole imposed
under state or federal law; or
(C) has information that is necessary for the officer to
conduct an official duty related to conduct described in subitem
(A) or (B);
(ii) locating or apprehending the member is within the
officer's official duties; and
(iii) the request is made in writing and in the proper
exercise of the officer's official duty;
(19) the current address of a recipient of Minnesota family
investment program, general assistance, general assistance
medical care, or food support may be disclosed to law
enforcement officers who, in writing, provide the name of the
recipient and notify the agency that the recipient is a person
required to register under section 243.166, but is not residing
at the address at which the recipient is registered under
section 243.166;
(20) certain information regarding child support obligors
who are in arrears may be made public according to section
518.575;
(21) data on child support payments made by a child support
obligor and data on the distribution of those payments excluding
identifying information on obligees may be disclosed to all
obligees to whom the obligor owes support, and data on the
enforcement actions undertaken by the public authority, the
status of those actions, and data on the income of the obligor
or obligee may be disclosed to the other party;
(22) data in the work reporting system may be disclosed
under section 256.998, subdivision 7;
(23) to the Department of Education for the purpose of
matching Department of Education student data with public
assistance data to determine students eligible for free and
reduced price meals, meal supplements, and free milk according
to United States Code, title 42, sections 1758, 1761, 1766,
1766a, 1772, and 1773; to allocate federal and state funds that
are distributed based on income of the student's family; and to
verify receipt of energy assistance for the telephone assistance
plan;
(24) the current address and telephone number of program
recipients and emergency contacts may be released to the
commissioner of health or a local board of health as defined in
section 145A.02, subdivision 2, when the commissioner or local
board of health has reason to believe that a program recipient
is a disease case, carrier, suspect case, or at risk of illness,
and the data are necessary to locate the person;
(25) to other state agencies, statewide systems, and
political subdivisions of this state, including the attorney
general, and agencies of other states, interstate information
networks, federal agencies, and other entities as required by
federal regulation or law for the administration of the child
support enforcement program;
(26) to personnel of public assistance programs as defined
in section 256.741, for access to the child support system
database for the purpose of administration, including monitoring
and evaluation of those public assistance programs;
(27) to monitor and evaluate the Minnesota family
investment program by exchanging data between the Departments of
Human Services and Education, on recipients and former
recipients of food support, cash assistance under chapter 256,
256D, 256J, or 256K, child care assistance under chapter 119B,
or medical programs under chapter 256B, 256D, or 256L;
(28) to evaluate child support program performance and to
identify and prevent fraud in the child support program by
exchanging data between the Department of Human Services,
Department of Revenue under section 270B.14, subdivision 1,
paragraphs (a) and (b), without regard to the limitation of use
in paragraph (c), Department of Health, Department of Economic
Security, and other state agencies as is reasonably necessary to
perform these functions; or
(29) counties operating child care assistance programs
under chapter 119B may disseminate data on program participants,
applicants, and providers to the commissioner of education.
(b) Information on persons who have been treated for drug
or alcohol abuse may only be disclosed according to 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), (16), (17), or (18), 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).
For the purposes of this subdivision, a request will be
deemed to be made in writing if made through a computer
interface system.
Sec. 9. Minnesota Statutes 2002, section 13.46,
subdivision 7, is amended to read:
Subd. 7. [MENTAL HEALTH CENTER DATA.] (a) Mental health
data are private data on individuals and shall not be disclosed,
except:
(1) pursuant to section 13.05, as determined by the
responsible authority for the community mental health center,
mental health division, or provider;
(2) pursuant to court order;
(3) pursuant to a statute specifically authorizing access
to or disclosure of mental health data or as otherwise provided
by this subdivision; or
(4) with the consent of the client or patient.
(b) An agency of the welfare system may not require an
individual to consent to the release of mental health data as a
condition for receiving services or for reimbursing a community
mental health center, mental health division of a county, or
provider under contract to deliver mental health services.
(c) Notwithstanding section 245.69, subdivision 2,
paragraph (f), or any other law to the contrary, the responsible
authority for a community mental health center, mental health
division of a county, or a mental health provider must disclose
mental health data to a law enforcement agency if the law
enforcement agency provides the name of a client or patient and
communicates that the:
(1) client or patient is currently involved in an emergency
interaction with the law enforcement agency; and
(2) data is necessary to protect the health or safety of
the client or patient or of another person.
The scope of disclosure under this paragraph is limited to
the minimum necessary for law enforcement to respond to the
emergency. Disclosure under this paragraph may include, but is
not limited to, the name and telephone number of the
psychiatrist, psychologist, therapist, mental health
professional, practitioner, or case manager of the client or
patient. A law enforcement agency that obtains mental health
data under this paragraph shall maintain a record of the
requestor, the provider of the information, and the client or
patient name. Mental health data obtained by a law enforcement
agency under this paragraph are private data on individuals and
must not be used by the law enforcement agency for any other
purpose. A law enforcement agency that obtains mental health
data under this paragraph shall inform the subject of the data
that mental health data was obtained.
(d) In the event of a request under paragraph (a), clause
(4), a community mental health center, county mental health
division, or provider must release mental health data to
Criminal Mental Health Court personnel in advance of receiving a
copy of a consent if the Criminal Mental Health Court personnel
communicate that the:
(1) client or patient is a defendant in a criminal case
pending in the district court;
(2) data being requested is limited to information that is
necessary to assess whether the defendant is eligible for
participation in the Criminal Mental Health Court; and
(3) client or patient has consented to the release of the
mental health data and a copy of the consent will be provided to
the community mental health center, county mental health
division, or provider within 72 hours of the release of the data.
For purposes of this paragraph, "Criminal Mental Health
Court" refers to a specialty criminal calendar of the Hennepin
County District Court for defendants with mental illness and
brain injury where a primary goal of the calendar is to assess
the treatment needs of the defendants and to incorporate those
treatment needs into voluntary case disposition plans. The data
released pursuant to this paragraph may be used for the sole
purpose of determining whether the person is eligible for
participation in mental health court. This paragraph does not
in any way limit or otherwise extend the rights of the court to
obtain the release of mental health data pursuant to court order
or any other means allowed by law.
Sec. 10. Minnesota Statutes 2002, section 13.461, is
amended by adding a subdivision to read:
Subd. 28. [CHILD CARE ASSISTANCE PROGRAM.] Data collected,
maintained, used, or disseminated by the welfare system
pertaining to persons selected as legal nonlicensed child care
providers by families receiving child care assistance are
classified under section 119B.02, subdivision 6.
Sec. 11. Minnesota Statutes 2002, section 13.47,
subdivision 4, is amended to read:
Subd. 4. [DATA PREPARATION.] To produce data required to
certify the eligibility of training service providers under
section 268.0122, subdivision 3, clause (7), the Workforce
Investment Act of 1998, United States Code, title 29, section
2801, or other studies required by law, the commissioner of
economic security, in consultation with the governor's Workforce
Development Council, employment and economic development may:
(1) enter into a data exchange agreement with a training
service provider whereby the commissioner of economic
security employment and economic development shall furnish to
the provider wage information under section 268.044 on
individuals who have received training services from the
provider. The provider shall use this wage information to
prepare summary data determined necessary by the commissioner in
consultation with the governor's Workforce Development Council.
The provider may use this wage information for conducting
studies to improve instruction; or
(2) if there is no agreement under clause (1), require the
training service provider to furnish employment and training
data determined necessary by the commissioner in consultation
with the governor's Workforce Development Council.
Sec. 12. Minnesota Statutes 2002, section 13.51,
subdivision 2, is amended to read:
Subd. 2. [INCOME PROPERTY ASSESSMENT DATA.] The following
data collected by political subdivisions from individuals or
business entities concerning income properties are classified as
private or nonpublic data pursuant to section 13.02,
subdivisions 9 and 12:
(a) detailed income and expense figures for the current
year plus the previous three years;
(b) average vacancy factors for the previous three years;
(c) verified net rentable areas or net usable areas,
whichever is appropriate;
(d) anticipated income and expenses for the current year;
(e) projected vacancy factor for the current year factors;
and
(f) lease information.
Sec. 13. Minnesota Statutes 2002, section 13.51, is
amended by adding a subdivision to read:
Subd. 4. [REQUEST FOR LEGAL DISCOVERY OF INCOME PROPERTY
ASSESSMENT DATA.] Upon request by a party to a responsible
authority or designee for legal discovery of income property
assessment data, as defined in subdivision 2, the requesting
party shall notify the owner of record of the property.
Sec. 14. Minnesota Statutes 2002, section 13.598, as
amended by Laws 2003, chapter 128, article 13, section 40, and
Laws 2003, First Special Session chapter 4, section 1, is
amended to read:
13.598 [EMPLOYMENT AND ECONOMIC DEVELOPMENT DATA CODED
ELSEWHERE.]
Subdivision 1. [SCOPE.] The sections referred to in
subdivisions 2 2a to 6 12 are codified outside this chapter and
include classification of employment and economic development
data as other than public, place restrictions on access to
government data, or involve data sharing.
Subd. 2a. [COMMISSIONER OF EMPLOYMENT AND ECONOMIC
DEVELOPMENT.] Data maintained by the commissioner of employment
and economic development are classified under sections 268.19
and 469.154, subdivision 2.
Subd. 3. [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.
Subd. 4. [AIRCRAFT FACILITIES.] Specified data about an
airline submitted in connection with state financing of certain
aircraft maintenance facilities are classified under section
116R.02, subdivision 3.
Subd. 5. [MINNESOTA BUSINESS FINANCE, INC.] Various data
held by Minnesota Business Finance, Inc. are classified under
section 116S.02, subdivision 8.
Subd. 6. [LOCAL ECONOMIC DEVELOPMENT DATA.] (a) [
PRELIMINARY INFORMATION.] Access to preliminary information
submitted to the commissioner of employment and economic
development under sections 469.142 to 469.151 or sections
469.152 to 469.165 is limited under section 469.154, subdivision
2.
(b) [ENTERPRISE ZONES.] Data sharing between the
commissioner of revenue and the commissioner of employment and
economic development or a municipality receiving an enterprise
zone designation is governed by section 469.173, subdivision 5.
(c) [TAX INCENTIVES.] Disclosure of data by the Department
of Revenue to determine eligibility for tax incentives available
under section 272.0212, 469.1732, or 469.1734, is governed by
section 469.1733, subdivision 1.
Subd. 7. [PROGRAM DATA.] Program data collected on
individuals are classified by section 268.0122, subdivision 7.
Subd. 8. [UNEMPLOYMENT INSURANCE HEARINGS.] Disclosure of
unemployment insurance hearing data is governed by section
268.105, subdivision 5.
Subd. 9. [MINNESOTA YOUTH PROGRAM.] Data on individuals
under the Minnesota Youth program are classified under section
268.561, subdivision 7.
Subd. 10. [EMPLOYMENT AND TRAINING PROGRAMS; DATA
SHARING.] Data sharing of employment and training program data
between the commissioner of employment and economic development,
the commissioner of human services, state agency personnel, and
other users of the inventory, referral and intake system, is
governed by section 268.86, subdivision 10.
Subd. 11. [VOCATIONAL REHABILITATION DATA.] Disclosure of
data obtained by the Department of Employment and Economic
Development regarding the vocational rehabilitation of an
injured or disabled employee is governed by section 268A.05.
Subd. 12. [EMPLOYER DATA.] The department may disseminate
an employer's name, address, industry code, and the number of
employees by ranges of not less than 100 for the purpose of
assisting individuals using the Minnesota Workforce Center
system in obtaining employment.
Sec. 15. Minnesota Statutes 2002, section 13.7931, is
amended by adding a subdivision to read:
Subd. 1a. [SPECIFIC LOCATION DATA.] Specific location data
are classified under section 84.0872.
Sec. 16. Minnesota Statutes 2002, section 13.82,
subdivision 5, is amended to read:
Subd. 5. [DOMESTIC ABUSE DATA.] The written police report
required by section 629.341, subdivision 4, of an alleged
incident described in section 629.341, subdivision 1, and arrest
data, request for service data, and response or incident data
described in subdivision 2, 3, or 6 that arise out of this type
of incident or out of an alleged violation of an order for
protection must be released upon request at no cost to the
victim of domestic abuse, the victim's attorney, or an
organization designated by the Minnesota Center for Crime
Victims Services, the Department of Corrections, or the
Department of Public Safety as providing services to victims of
domestic abuse. The executive director or the commissioner of
the appropriate state agency shall develop written criteria for
this designation in consultation with the Advisory Council on
Battered Women and Domestic Abuse.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 17. Minnesota Statutes 2002, section 13.871, is
amended by adding a subdivision to read:
Subd. 1a. [MENTAL HEALTH DATA RECEIVED BY LAW
ENFORCEMENT.] Certain mental health data received by law
enforcement from health care providers is classified under
section 144.335, subdivision 3a.
Sec. 18. Minnesota Statutes 2002, section 13D.05,
subdivision 3, is amended to read:
Subd. 3. [WHAT MEETINGS MAY BE CLOSED.] (a) 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.
(b) Meetings may be closed if the closure is expressly
authorized by statute or permitted by the attorney-client
privilege.
(c) Meetings may be closed to receive security briefings
and reports, to discuss issues related to security systems, to
discuss emergency response procedures and to discuss security
deficiencies in or recommendations regarding public services,
infrastructure and facilities, if disclosure of the information
discussed would pose a danger to public safety or compromise
security procedures or responses. Financial issues related to
security matters must be discussed and all related financial
decisions must be made at an open meeting. Before closing a
meeting under this paragraph, the public body, in describing the
subject to be discussed, must refer to the facilities, systems,
procedures, services, or infrastructures to be considered during
the closed meeting. A closed meeting must be tape recorded at
the expense of the governing body, and the recording must be
preserved for at least four years.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 19. Minnesota Statutes 2002, section 38.04, is
amended to read:
38.04 [ANNUAL MEETINGS; REPORTS.]
Every county agricultural society shall hold an annual
meeting for the election of officers and the transaction of
other business on or before the third Tuesday in November.
Service on the county agricultural society board or as an
officer of the board is not a public office. Elected officials
of the state or its political subdivisions may serve on the
board or be elected as officers.
At the annual meeting, the society's secretary shall make a
report of its proceedings for the preceding year; this report
shall contain a statement of all transactions at its fairs, the
numbers of entries, the amount and source of all money received,
and the amount paid out for premiums and other purposes, and
show in detail its entire receipts and expenditures during the
year. The report must contain a separate accounting of any
income received from the operation of horse racing on which
pari-mutuel betting is conducted, and of the disposition of that
income.
The treasurer shall make a comprehensive report of the
funds received, paid out, and on hand, and upon whose order
paid. Each secretary shall cause a certified copy of the annual
report to be filed with the county recorder of the county and
the commissioner of agriculture on or before the first day of
November each year. Reports of the society are public data
under chapter 13 and must be made available for inspection by
any person.
Sec. 20. Minnesota Statutes 2002, section 45.027,
subdivision 7a, is amended to read:
Subd. 7a. [AUTHORIZED DISCLOSURES OF INFORMATION AND
DATA.] (a) The commissioner may release and disclose any active
or inactive investigative information and data on licensees to
any national securities exchange or national securities
association registered under the Securities Exchange Act of 1934
when necessary for the requesting agency in initiating,
furthering, or completing an investigation.
(b) The commissioner may release any active or inactive
investigative data relating to the conduct of the business of
insurance to the Office of the Comptroller of the Currency or
the Office of Thrift Supervision in order to facilitate the
initiation, furtherance, or completion of the investigation.
Sec. 21. Minnesota Statutes 2002, section 60A.03,
subdivision 9, is amended to read:
Subd. 9. [CONFIDENTIALITY OF INFORMATION.] The
commissioner may not be required to divulge any information
obtained in the course of the supervision of insurance
companies, or the examination of insurance companies, including
examination related correspondence and workpapers, until the
examination report is finally accepted and issued by the
commissioner, and then only in the form of the final public
report of examinations. Nothing contained in this subdivision
prevents or shall be construed as prohibiting the commissioner
from disclosing the content of this information to the insurance
department of another state or, the National Association of
Insurance Commissioners, or the National Association of
Securities Dealers if the recipient of the information agrees in
writing to hold it as nonpublic data as defined in section
13.02, in a manner consistent with this subdivision. This
subdivision does not apply to the extent the commissioner is
required or permitted by law, or ordered by a court of law to
testify or produce evidence in a civil or criminal proceeding.
For purposes of this subdivision, a subpoena is not an order of
a court of law.
Sec. 22. Minnesota Statutes 2002, section 60A.031,
subdivision 4, is amended to read:
Subd. 4. [EXAMINATION REPORT; FOREIGN AND DOMESTIC
COMPANIES.] (a) The commissioner shall make a full and true
report of every examination conducted pursuant to this chapter,
which shall include (1) a statement of findings of fact relating
to the financial status and other matters ascertained from the
books, papers, records, documents, and other evidence obtained
by investigation and examination or ascertained from the
testimony of officers, agents, or other persons examined under
oath concerning the business, affairs, assets, obligations,
ability to fulfill obligations, and compliance with all the
provisions of the law of the company, applicant, organization,
or person subject to this chapter and (2) a summary of important
points noted in the report, conclusions, recommendations and
suggestions as may reasonably be warranted from the facts so
ascertained in the examinations. The report of examination
shall be verified by the oath of the examiner in charge thereof,
and shall be prima facie evidence in any action or proceedings
in the name of the state against the company, applicant,
organization, or person upon the facts stated therein.
(b) No later than 60 days following completion of the
examination, the examiner in charge shall file with the
department a verified written report of examination under oath.
Upon receipt of the verified report, the department shall
transmit the report to the company examined, together with a
notice which provides the company examined with a reasonable
opportunity of not more than 30 days to make a written
submission or rebuttal with respect to matters contained in the
examination report.
(c) Within 30 days of the end of the period allowed for the
receipt of written submissions or rebuttals, the commissioner
shall fully consider and review the report, together with the
written submissions or rebuttals and the relevant portions of
the examiner's workpapers and enter an order:
(1) adopting the examination report as filed or with
modification or corrections. If the examination report reveals
that the company is operating in violation of any law, rule, or
prior order of the commissioner, the commissioner may order the
company to take any action the commissioner considers necessary
and appropriate to cure the violation;
(2) rejecting the examination report with directions to the
examiners to reopen the examination for purposes of obtaining
additional data, documentation, or information, and refiling the
report as required under paragraph (b); or
(3) calling for an investigatory hearing with no less than
20 days' notice to the company for purposes of obtaining
additional documentation, data, information, and testimony.
(d)(1) All orders entered under paragraph (c), clause (1),
must be accompanied by findings and conclusions resulting from
the commissioner's consideration and review of the examination
report, relevant examiner workpapers, and any written
submissions or rebuttals. The order is a final administrative
decision and may be appealed as provided under chapter 14. The
order must be served upon the company by certified mail,
together with a copy of the adopted examination report. Within
30 days of the issuance of the adopted report, the company shall
file affidavits executed by each of its directors stating under
oath that they have received a copy of the adopted report and
related orders.
(2) A hearing conducted under paragraph (c), clause (3), by
the commissioner or authorized representative, must be conducted
as a nonadversarial confidential investigatory proceeding as
necessary for the resolution of inconsistencies, discrepancies,
or disputed issues apparent upon the face of the filed
examination report or raised by or as a result of the
commissioner's review of relevant workpapers or by the written
submission or rebuttal of the company. Within 20 days of the
conclusion of the hearing, the commissioner shall enter an order
as required under paragraph (c), clause (1).
(3) The commissioner shall not appoint an examiner as an
authorized representative to conduct the hearing. The hearing
must proceed expeditiously. Discovery by the company is limited
to the examiner's workpapers which tend to substantiate
assertions in a written submission or rebuttal. The
commissioner or the commissioner's representative may issue
subpoenas for the attendance of witnesses or the production of
documents considered relevant to the investigation whether under
the control of the department, the company, or other persons.
The documents produced must be included in the record.
Testimony taken by the commissioner or the commissioner's
representative must be under oath and preserved for the record.
This section does not require the department to disclose
information or records which would indicate or show the
existence or content of an investigation or activity of a
criminal justice agency.
(4) The hearing must proceed with the commissioner or the
commissioner's representative posing questions to the persons
subpoenaed. Thereafter, the company and the department may
present testimony relevant to the investigation.
Cross-examination may be conducted only by the commissioner or
the commissioner's representative. The company and the
department shall be permitted to make closing statements and may
be represented by counsel of their choice.
(e)(1) Upon the adoption of the examination report under
paragraph (c), clause (1), the commissioner shall continue to
hold the content of the examination report as private and
confidential information for a period of 30 days except as
otherwise provided in paragraph (b). Thereafter, the
commissioner may open the report for public inspection if a
court of competent jurisdiction has not stayed its publication.
(2) Nothing contained in this subdivision prevents or shall
be construed as prohibiting the commissioner from disclosing the
content of an examination report, preliminary examination report
or results, or any matter relating to the reports, to the
Commerce Department or the insurance department of another state
or country, or to law enforcement officials of this or another
state or agency of the federal government at any time, if the
agency or office receiving the report or matters relating to the
report agrees in writing to hold it confidential and in a manner
consistent with this subdivision.
(3) If the commissioner determines that regulatory action
is appropriate as a result of an examination, the commissioner
may initiate proceedings or actions as provided by law.
(f) All working papers, recorded information, documents and
copies thereof produced by, obtained by, or disclosed to the
commissioner or any other person in the course of an examination
made under this subdivision must be given confidential treatment
and are not subject to subpoena and may not be made public by
the commissioner or any other person, except to the extent
provided in paragraph (e). Access may also be granted to the
National Association of Insurance Commissioners and the National
Association of Securities Dealers. The parties must agree in
writing prior to receiving the information to provide to it the
same confidential treatment as required by this section, unless
the prior written consent of the company to which it pertains
has been obtained.
Sec. 23. [84.0872] [SPECIFIC LOCATION DATA.]
Subdivision 1. [DEFINITION; GENERAL CLASSIFICATION.] As
used in this section, "specific location data" means data that
would enable persons to locate the protected wild animal or
endangered, threatened, or special concern plant or animal
identified by the data. Specific location data are public data
unless otherwise classified in this section.
Subd. 2. [NONPUBLIC DATA.] Specific location data procured
by the Department of Natural Resources that identify protected
wild animals, as defined under section 97A.015, subdivision 39,
or species that are designated endangered, threatened, or of
special concern under section 84.0895, subdivision 3, are
nonpublic data if disclosure is likely to:
(1) hinder management, propagation, or research;
(2) facilitate unfair chase or illegal taking, transport,
or sale; or
(3) decrease the likelihood of establishing a protected
wild animal or bringing an endangered, threatened, or special
concern species to a point at which it is no longer endangered,
threatened, or of special concern.
If a request for access to specific location data is denied
under this subdivision, the commissioner must provide the
requestor with a written explanation of the reason for the
denial.
Subd. 3. [DISCLOSURE.] The commissioner may disclose data
classified as nonpublic under subdivision 2 to a person, an
agency, or the public if the commissioner determines that the
disclosure will promote public benefit by:
(1) aiding the environmental review process;
(2) aiding research, education, or conservation planning;
or
(3) providing information to landowners about locations
occurring on the landowners' property, if provision of the
information will promote protection of the resource.
Sec. 24. Minnesota Statutes 2002, section 119B.02,
subdivision 6, is amended to read:
Subd. 6. [DATA.] Data on individuals collected by the
commissioner for purposes of administering this chapter are
private data on individuals as defined in section 13.02. Data
collected, maintained, used, or disseminated by the welfare
system pertaining to persons selected as legal nonlicensed child
care providers by families receiving child care assistance shall
be treated as licensing data as provided in section 13.46,
subdivision 4.
Sec. 25. Minnesota Statutes 2002, section 144.2215, is
amended to read:
144.2215 [MINNESOTA BIRTH DEFECTS REGISTRY INFORMATION
SYSTEM.]
Subdivision 1. [ESTABLISHMENT.] The commissioner of health
shall develop a statewide birth defects registry system to
provide for the collection, analysis, and dissemination of birth
defects information establish and maintain an information system
containing data on the cause, treatment, prevention, and cure of
major birth defects. The commissioner shall consult with
representatives and experts in epidemiology, medicine,
insurance, health maintenance organizations, genetics,
consumers, and voluntary organizations in developing the system
and may phase in the implementation of the system.
Subd. 2. [DUTIES OF COMMISSIONER.] The commissioner of
health shall design a system that allows the commissioner to:
(1) monitor incidence trends of birth defects to detect
potential public health problems, predict risks, and assist in
responding to birth defects clusters;
(2) more accurately target intervention, prevention, and
services for communities, patients, and their families;
(3) inform health professionals and citizens of the
prevalence of and risks for birth defects;
(4) conduct scientific investigation and surveys of the
causes, mortality, methods of treatment, prevention, and cure
for birth defects;
(5) modify, as necessary, the birth defects information
system through demonstration projects;
(6) remove identifying information about a child whose
parent or legal guardian has chosen not to participate in the
system as permitted by section 144.2216, subdivision 4;
(7) protect the individually identifiable information as
required by section 144.2217;
(8) limit the dissemination of identifying information as
required by sections 144.2218 and 144.2219; and
(9) use the birth defects coding scheme defined by the
Centers for Disease Control and Prevention (CDC) of the United
States Public Health Service.
[EFFECTIVE DATE.] This section is effective upon receipt of
a federal grant to establish a birth defects information system.
Sec. 26. [144.2216] [BIRTH DEFECTS RECORDS AND REPORTS
REQUIRED.]
Subdivision 1. [HOSPITALS AND SIMILAR INSTITUTIONS.] With
the informed consent of a parent or guardian, as provided in
subdivision 4, a hospital, medical clinic, medical laboratory,
or other institution for the hospitalization, clinical or
laboratory diagnosis, or care of human beings shall provide the
commissioner of health with access to information on each birth
defect case in the manner and at the times that the commissioner
designates.
Subd. 2. [OTHER INFORMATION REPOSITORIES.] With the
informed consent of a parent or guardian, as provided in
subdivision 4, other repositories of information on the
diagnosis or care of infants may provide the commissioner with
access to information on each case of birth defects in the
manner and at the times that the commissioner designates.
Subd. 3. [REPORTING WITHOUT LIABILITY.] Furnishing
information in good faith in compliance with this section does
not subject the person, hospital, medical clinic, medical
laboratory, data repository, or other institution furnishing the
information to any action for damages or relief.
Subd. 4. [OPT OUT.] A parent or legal guardian must be
informed by the commissioner at the time of the initial data
collection that they may request removal at any time of personal
identifying information concerning a child from the birth
defects information system using a written form prescribed by
the commissioner. The commissioner shall advise parents or
legal guardians of infants:
(1) that the information on birth defects may be retained
by the Department of Health;
(2) the benefit of retaining birth defects records;
(3) that they may elect to have the birth defects
information collected once, within one year of birth, but to
require that all personally identifying information be destroyed
immediately upon the commissioner receiving the information.
If the parents of an infant object in writing to the maintaining
of birth defects information, the objection or election shall be
recorded on a form that is signed by a parent or legal guardian
and submitted to the commissioner of health; and
(4) that if the parent or legal guardian chooses to
opt-out, the commissioner will not be able to inform the parent
or legal guardian of a child of information related to the
prevention, treatment, or cause of a particular birth defect.
[EFFECTIVE DATE.] This section is effective upon receipt of
a federal grant to establish a birth defects information system.
Sec. 27. [144.2217] [CLASSIFICATION OF BIRTH DEFECTS
INFORMATION.]
Information collected on individuals for the birth defects
information system are private data on individuals as defined in
section 13.02, subdivision 12, and may only be used for the
purposes in sections 144.2215 to 144.2219. Any disclosure other
than one provided for in sections 144.2215 to 144.2219 is a
misdemeanor.
[EFFECTIVE DATE.] This section is effective upon receipt of
a federal grant to establish a birth defects information system.
Sec. 28. [144.2218] [TRANSFERS OF INFORMATION TO OTHER
GOVERNMENT AGENCIES.]
Information collected by the birth defects information
system may be disseminated to a state or local government agency
in Minnesota or another state solely for purposes consistent
with sections 144.2215 to 144.2219, provided that the state or
local government agency agrees to maintain the classification of
the information as provided under section 144.2217. Information
collected by other states consistent with sections 144.2215 to
144.2219 may be received by the commissioner of health and must
be maintained according to section 144.2217.
[EFFECTIVE DATE.] This section is effective upon receipt of
a federal grant to establish a birth defects information system.
Sec. 29. [144.2219] [TRANSFERS OF INFORMATION TO RESEARCH
ENTITIES.]
Information from the birth defects information system that
does not contain identifying information may be shared with
research entities upon request for studies approved by the
commissioner and appropriate institutional review boards. For
studies approved by the commissioner that require identifying
information about a child or a parent or legal guardian of the
child, the commissioner shall contact the parent or legal
guardian to obtain informed consent to share identifying
information with the research entity. Notwithstanding section
144.335, subdivision 3a, paragraph (d), the parent or legal
guardian must provide informed consent before the information
may be shared. The commissioner must collect all reasonable
costs of locating and obtaining consent from the research entity.
[EFFECTIVE DATE.] This section is effective upon receipt of
a federal grant to establish a birth defects information system.
Sec. 30. Minnesota Statutes 2002, 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) or (d),
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:
(1) 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; or
(2) to other providers within related health care entities
when necessary for the current treatment of the patient.
(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) Notwithstanding paragraph (a), health records may be
released to an external researcher solely for purposes of
medical or scientific research only as follows:
(1) health records generated before January 1, 1997, may be
released if the patient has not objected or does not elect to
object after that date;
(2) for health records generated on or after January 1,
1997, the provider must:
(i) disclose in writing to patients currently being treated
by the provider that health records, regardless of when
generated, may be released and that the patient may object, in
which case the records will not be released; and
(ii) use reasonable efforts to obtain the patient's written
general authorization that describes the release of records in
item (i), which does not expire but may be revoked or limited in
writing at any time by the patient or the patient's authorized
representative;
(3) authorization may be established if an authorization is
mailed at least two times to the patient's last known address
with a postage prepaid return envelope and a conspicuous notice
that the patient's medical records may be released if the
patient does not object, and at least 60 days have expired since
the second notice was sent; and the provider must advise the
patient of the rights specified in clause (4); and
(4) the provider must, at the request of the patient,
provide information on how the patient may contact an external
researcher to whom the health record was released and the date
it was released.
In making a release for research purposes the provider
shall make 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.
(g) Notwithstanding paragraph (a), a provider must disclose
health records relating to a patient's mental health to a law
enforcement agency if the law enforcement agency provides the
name of the patient and communicates that the:
(1) patient is currently involved in an emergency
interaction with the law enforcement agency; and
(2) disclosure of the records is necessary to protect the
health or safety of the patient or of another person.
The scope of disclosure under this paragraph is limited to
the minimum necessary for law enforcement to respond to the
emergency. A law enforcement agency that obtains health records
under this paragraph shall maintain a record of the requestor,
the provider of the information, and the patient's name. Health
records obtained by a law enforcement agency under this
paragraph are private data on individuals as defined in section
13.02 and must not be used by law enforcement for any other
purpose.
(h) In cases where a provider releases health records
without patient consent as authorized by law, the release must
be documented in the patient's health record. In the case of a
release under paragraph (g), the documentation must include the
date and circumstances under which the release was made, the
person or agency to whom the release was made, and the records
that were released.
Sec. 31. Minnesota Statutes 2003 Supplement, section
268.19, subdivision 1, is amended to read:
Subdivision 1. [USE OF DATA.] (a) Except as otherwise
provided by this section, data gathered from any employer or
individual person pursuant to the administration of the
Minnesota Unemployment Insurance Law are private data on
individuals or nonpublic data not on individuals as defined in
section 13.02, subdivisions 9 and 12, and may not be disclosed
except pursuant to a court order or section 13.05. A subpoena
shall not be considered a court order. These data may be
disseminated to and used by the following agencies without the
consent of the subject of the data:
(1) state and federal agencies specifically authorized
access to the data by state or federal law;
(2) any agency of Minnesota or any other state; or any
federal agency charged with the administration of an employment
security law or unemployment insurance program;
(3) any agency responsible for the maintenance of a system
of public employment offices for the purpose of assisting
individuals in obtaining employment;
(3) (4) human rights agencies within Minnesota that have
enforcement powers;
(4) (5) the Department of Revenue must have access to
department private data on individuals and nonpublic data not on
individuals only to the extent necessary for enforcement of its
duties under Minnesota tax laws;
(5) (6) public and private agencies responsible for
administering publicly financed assistance programs for the
purpose of monitoring the eligibility of the program's
recipients;
(6) (7) the Department of Labor and Industry on an
interchangeable basis with the department subject to the
following limitations and regardless of any law to the contrary:
(i) the department must have access to private data on
individuals and nonpublic data not on individuals for uses
consistent with the administration of its duties under the
Minnesota Unemployment Insurance Law; and
(ii) the Department of Labor and Industry must have access
to private data on individuals and nonpublic data not on
individuals for uses consistent with the administration of its
duties under Minnesota law;
(7) the Department of Employment and Economic Development
may have access to private data on individual employers and
nonpublic data not on individual employers for its internal use
only; when received by the Department of Employment and Economic
Development, the data remain private data on individuals or
nonpublic data;
(8) local and state welfare agencies for monitoring the
eligibility of the data subject for assistance programs, or for
any employment or training program administered by those
agencies, whether alone, in combination with another welfare
agency, or in conjunction with the department or to monitor and
evaluate the statewide Minnesota family investment program by
providing data on recipients and former recipients of food
stamps or food support, cash assistance under chapter 256, 256D,
256J, or 256K, child care assistance under chapter 119B, or
medical programs under chapter 256B, 256D, or 256L;
(9) local, state, and federal law enforcement agencies for
the sole purpose of ascertaining the last known address and
employment location of the data subject, provided the data
subject a person who is the subject of a criminal investigation;
(10) the federal Immigration and Naturalization Service
shall have access to data on specific individuals and specific
employers provided the specific individual or specific employer
is the subject of an investigation by that agency; and
(11) the Department of Health may have access to private
data on individuals and nonpublic data not on individuals solely
for the purposes of epidemiologic investigations.
(b) Data on individuals and employers that are collected,
maintained, or used by the department in an investigation
pursuant to section 268.182 are confidential as to data on
individuals and protected nonpublic data not on individuals as
defined in section 13.02, subdivisions 3 and 13, and must not be
disclosed except pursuant to statute or court order or to a
party named in a criminal proceeding, administrative or
judicial, for preparation of a defense.
(c) Tape recordings and transcripts of recordings of
proceedings conducted in accordance with section 268.105 and
exhibits received into evidence at those proceedings are private
data on individuals and nonpublic data not on individuals and
must be disclosed only pursuant to the administration of section
268.105, or pursuant to a court order.
(d) The department may disseminate an employer's name,
address, industry code, occupations employed, and the number of
employees by ranges of not less than 100 for the purpose of
assisting individuals using the Minnesota Workforce Center
system in obtaining employment.
(e) The general aptitude test battery and the nonverbal
aptitude test battery as administered by the department are
private data on individuals or nonpublic data.
(f) Data gathered by the department pursuant to the
administration of the Minnesota unemployment insurance program
and the job service must not be made the subject or the basis
for any suit in any civil proceedings, administrative or
judicial, unless the action is initiated by the department.
Sec. 32. Minnesota Statutes 2003 Supplement, section
268.19, subdivision 2, is amended to read:
Subd. 2. [EMPLOYER INFORMATION; ABSOLUTE PRIVILEGE.] (a)
Regardless of any provision of law to the contrary, an employer
may provide the commissioner with information on an applicant so
that the commissioner can determine an applicant's entitlement
to unemployment benefits under the Minnesota Unemployment
Insurance Law.
(b) The commissioner may disseminate an employer's name and
address and the name and address of any employer's unemployment
insurance processing agent in order to administer the Minnesota
Unemployment Insurance Program.
(c) Information obtained pursuant to the Minnesota
Unemployment Insurance Law, in order to determine an applicant's
entitlement to unemployment benefits, shall be absolutely
privileged and shall not be made the subject matter or the basis
for any civil proceeding, administrative, or judicial.
Sec. 33. Minnesota Statutes 2002, section 270B.01,
subdivision 8, is amended to read:
Subd. 8. [MINNESOTA TAX LAWS.] For purposes of this
chapter only, unless expressly stated otherwise, "Minnesota tax
laws" means:
(1) the taxes, refunds, and fees administered by or paid to
the commissioner under chapters 115B (except taxes imposed under
sections 115B.21 to 115B.24), 289A (except taxes imposed under
sections 298.01, 298.015, and 298.24), 290, 290A, 291, 295,
297A, and 297H, or any similar Indian tribal tax administered by
the commissioner pursuant to any tax agreement between the state
and the Indian tribal government, and includes any laws for the
assessment, collection, and enforcement of those taxes, refunds,
and fees; and
(2) section 273.1315.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 34. Minnesota Statutes 2002, section 270B.12,
subdivision 9, is amended to read:
Subd. 9. [COUNTY ASSESSORS; HOMESTEAD APPLICATION,
DETERMINATION, AND INCOME TAX STATUS.] (a) If, as a result of an
audit, the commissioner determines that a person is a Minnesota
nonresident or part-year resident for income tax purposes, the
commissioner may disclose the person's name, address, and Social
Security number to the assessor of any political subdivision in
the state, when there is reason to believe that the person may
have claimed or received homestead property tax benefits for a
corresponding assessment year in regard to property apparently
located in the assessor's jurisdiction.
(b) To the extent permitted by section 273.124, subdivision
1, paragraph (a), the Department of Revenue may verify to a
county assessor whether an individual who is requesting or
receiving a homestead classification has filed a Minnesota
income tax return as a resident for the most recent taxable year
for which the information is available.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 35. Minnesota Statutes 2003 Supplement, section
270B.12, subdivision 13, is amended to read:
Subd. 13. [COUNTY ASSESSORS; CLASS 1B HOMESTEADS.] The
commissioner may disclose to a county assessor, and to the
assessor's designated agents or employees, a listing of parcels
of property qualifying for the class 1b property tax
classification under section 273.13, subdivision 22, and the
names and addresses of qualified applicants.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 36. Minnesota Statutes 2002, section 270B.14,
subdivision 2, is amended to read:
Subd. 2. [DISCLOSURE TO DEPARTMENT OF EMPLOYMENT AND
ECONOMIC SECURITY DEVELOPMENT.] (a) Data relating to individuals
are treated as follows:
(1) Return information may be disclosed to the Department
of Employment and Economic Security Development to the extent
provided in clause (2) and for the purposes provided in clause
(3).
(2) The data that may be disclosed is limited to the amount
of gross income earned by an individual, the total amounts of
earnings from each employer, and the employer's name.
(3) Data may be requested pertaining only to individuals
who have claimed benefits under sections 268.03 to 268.23 and
only if the individuals are the subject of investigations based
on other information available to the Department of Employment
and Economic Security Development. Data received may be used
only as set forth in section 268.19, clause (d) subdivision 1,
paragraph (b).
(b) Data pertaining to corporations or other employing
units may be disclosed to the Department of Employment and
Economic Security Development to the extent necessary for the
proper enforcement of chapter 268.
Sec. 37. Minnesota Statutes 2002, section 629.341,
subdivision 4, is amended to read:
Subd. 4. [REPORT REQUIRED.] Whenever a peace officer
investigates an allegation that an incident described in
subdivision 1 has occurred, whether or not an arrest is made,
the officer shall make a written police report of the alleged
incident. The report must contain at least the following
information: the name, address and telephone number of the
victim, if provided by the victim, a statement as to whether an
arrest occurred, the name of the arrested person, and a brief
summary of the incident. Data that identify a victim who has
made a request under section 13.82, subdivision 17, paragraph
(d), and that are private data under that subdivision, shall be
private in the report required by this section. A copy of this
report must be provided upon request, at no cost, to the victim
of domestic abuse, the victim's attorney, or organizations
designated by the Minnesota Crime Victims Services Center, the
Department of Public Safety, or the commissioner of corrections
that are providing services to victims of domestic abuse. The
officer shall submit the report to the officer's supervisor or
other person to whom the employer's rules or policies require
reports of similar allegations of criminal activity to be made.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 38. Laws 2002, chapter 266, section 1, is amended to
read:
Section 1. [DOMESTIC FATALITY REVIEW TEAM PILOT PROJECT
EXTENSION.]
The fourth judicial district may extend the duration of the
pilot project authorized by Laws 1999, chapter 216, article 2,
section 27, and Laws 2000, chapter 468, sections 29 to 32, until
December 31, 2004 2006. If the pilot project is extended, the
domestic fatality review team shall submit a report on the
project to the legislature by January 15, 2005 2007.
Sec. 39. [REPEALER.]
Minnesota Statutes 2002, sections 13.319, subdivision 7;
and 13.475, are repealed.
Presented to the governor May 18, 2004
Signed by the governor May 29, 2004, 11:15 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes