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

CHAPTER 129--S.F.No. 596

An act

relating to data practices; classifying data; clarifying duties and classifications; making technical changes; authorizing access to certain data; clarifying remedies and procedures; modifying provisions giving the use of Social Security numbers;

amending Minnesota Statutes 2006, sections 13.02, subdivisions 8, 11; 13.03, subdivision 4; 13.04, subdivisions 3, 4; 13.05, subdivision 10; 13.072, subdivision 1; 13.08, subdivision 4; 13.32, subdivision 5; 13.35; 13.355, subdivision 1; 13.384, subdivisions 1, 2; 13.39, subdivisions 1, 2, 2a, 3; 13.392, subdivision 1; 13.393; 13.40, subdivisions 1, 3; 13.41, subdivision 3; 13.43, subdivisions 2, 5, 7, 9, 10, 11; 13.435; 13.44, subdivisions 1, 2, 3; 13.462, subdivisions 1, 2, 3; 13.48; 13.552, subdivision 3; 13.591, subdivision 4; 13.72, by adding subdivisions; 13.861, subdivision 1; 13.87, subdivisions 1, 2; 84.0274, subdivision 5; 122A.33, subdivision 3; 171.07, subdivision 1a; 268.19, subdivision 1, as amended; 270B.01, subdivision 8; 270B.02, subdivision 3; 270B.085, by adding a subdivision; 270B.14, subdivision 3; 325E.59, subdivision 1; Laws 2005, chapter 163, section 85; Laws 2006, chapter 253, section 19; proposing coding for new law in Minnesota Statutes, chapter 13; repealing Minnesota Statutes 2006, sections 13.79, subdivision 2; 325E.59, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 13.02, subdivision 8, is amended to read:

Subd. 8.

Individual.

"Individual" means a natural person. In the case of a minor or an deleted text begin individual adjudged mentally incompetentdeleted text end new text begin incapacitated person as defined in section 524.5-102, subdivision 6new text end , "individual" includes a parent or guardian or an individual acting as a parent or guardian in the absence of a parent or guardian, except that the responsible authority shall withhold data from parents or guardians, or individuals acting as parents or guardians in the absence of parents or guardians, upon request by the minor if the responsible authority determines that withholding the data would be in the best interest of the minor.

Sec. 2.

Minnesota Statutes 2006, 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 88-452) as amended, to qualify for public funds, or any nonprofit social service agency which performs services under contract to deleted text begin any political subdivision, statewide system or state agencydeleted text end new text begin a government entitynew text end , 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 deleted text begin state agencies, political subdivisions or statewide systemsdeleted text end new text begin a government entitynew text end .

Sec. 3.

Minnesota Statutes 2006, section 13.03, subdivision 4, is amended to read:

Subd. 4.

Change in classification of data; effect of dissemination among agencies.

(a) The classification of data in the possession of an entity shall change if it is required to do so to comply with either judicial or administrative rules pertaining to the conduct of legal actions or with a specific statute applicable to the data in the possession of the disseminating or receiving entity.

(b) If data on individuals is classified as both private and confidential by this chapter, or any other statute or federal law, the data is private.

(c) To the extent that government data is disseminated to a government entity by another government entity, the data disseminated shall have the same classification in the hands of the entity receiving it as it had in the hands of the entity providing it.

(d) If a government entity disseminates data to another government entity, a classification provided for by law in the hands of the entity receiving the data does not affect the classification of the data in the hands of the entity that disseminates the data.

new text begin (e) To the extent that judicial branch data is disseminated to government entities by the judicial branch, the data disseminated shall have the same level of accessibility in the hands of the agency receiving it as it had in the hands of the judicial branch entity providing it. new text end

Sec. 4.

Minnesota Statutes 2006, section 13.04, subdivision 3, is amended to read:

Subd. 3.

Access to data by individual.

Upon request to a responsible authoritynew text begin or designeenew text end , an individual shall be informed whether the individual is the subject of stored data on individuals, and whether it is classified as public, private or confidential. Upon further request, an individual who is the subject of stored private or public data on individuals shall be shown the data without any charge and, if desired, shall be informed of the content and meaning of that data. After an individual has been shown the private data and informed of its meaning, the data need not be disclosed to that individual for six months thereafter unless a dispute or action pursuant to this section is pending or additional data on the individual has been collected or created. The responsible authority new text begin or designee new text end shall provide copies of the private or public data upon request by the individual subject of the data. The responsible authority new text begin or designee new text end may require the requesting person to pay the actual costs of makingdeleted text begin ,deleted text end new text begin and new text end certifyingdeleted text begin , and compilingdeleted text end the copies.

The responsible authority new text begin or designee new text end shall comply immediately, if possible, with any request made pursuant to this subdivision, or within ten days of the date of the request, excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible.

Sec. 5.

Minnesota Statutes 2006, section 13.04, subdivision 4, is amended to read:

Subd. 4.

Procedure when data is not accurate or complete.

(a) An individual subject of the data may contest the accuracy or completeness of public or private data. To exercise this right, an individual shall notify in writing the responsible authority describing the nature of the disagreement. The responsible authority shall within 30 days either: (1) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual; or (2) notify the individual that the authority believes the data to be correct. Data in dispute shall be disclosed only if the individual's statement of disagreement is included with the disclosed data.

The determination of the responsible authority may be appealed pursuant to the provisions of the Administrative Procedure Act relating to contested cases. Upon receipt of an appeal by an individual, the commissioner shall, before issuing the order and notice of a contested case hearing required by chapter 14, try to resolve the dispute through education, conference, conciliation, or persuasion. If the parties consent, the commissioner may refer the matter to mediation. Following these efforts, the commissioner shall dismiss the appeal or issue the order and notice of hearing.

(b) Data on individuals that have been successfully challenged by an individual must be completed, corrected, or destroyed by a deleted text begin state agency, political subdivision, or statewide systemdeleted text end new text begin government entity new text end without regard to the requirements of section 138.17.

After completing, correcting, or destroying successfully challenged data, a government entity may retain a copy of the commissioner of administration's order issued under chapter 14 or, if no order were issued, a summary of the dispute between the parties that does not contain any particulars of the successfully challenged data.

Sec. 6.

Minnesota Statutes 2006, section 13.05, subdivision 10, is amended to read:

Subd. 10.

International dissemination.

No deleted text begin state agency or political subdivisiondeleted text end new text begin government entity new text end shall transfer or disseminate any private or confidential data on individuals to the private international organization known as Interpol, except through the Interpol-United States National Central Bureau, United States Department of Justice.

Sec. 7.

Minnesota Statutes 2006, section 13.072, subdivision 1, is amended to read:

Subdivision 1.

Opinion; when required.

(a) Upon request of a government entity, the commissioner may give a written opinion on any question relating to public access to government data, rights of subjects of data, or classification of data under this chapter or other Minnesota statutes governing government data practices. Upon request of any person who disagrees with a determination regarding data practices made by a government entity, the commissioner may give a written opinion regarding the person's rights as a subject of government data or right to have access to government data.

(b) Upon request of a body subject to chapter 13D, the commissioner may give a written opinion on any question relating to the body's duties under chapter 13D. Upon request of a person who disagrees with the manner in which members of a governing body perform their duties under chapter 13D, the commissioner may give a written opinion on compliance with chapter 13D. A governing body or person requesting an opinion under this paragraph must pay the commissioner a fee of $200. Money received by the commissioner under this paragraph is appropriated to the commissioner for the purposes of this section.

(c) If the commissioner determines that no opinion will be issued, the commissioner shall give the government entity or body subject to chapter 13D or person requesting the opinion notice of the decision not to issue the opinion within five business days of receipt of the request. If this notice is not given, the commissioner shall issue an opinion within 20 days of receipt of the request.

(d) For good cause and upon written notice to the person requesting the opinion, the commissioner may extend this deadline for one additional 30-day period. The notice must state the reason for extending the deadline. The government entity or the members of a body subject to chapter 13D must be provided a reasonable opportunity to explain the reasons for its decision regarding the data or how they perform their duties under chapter 13D. The commissioner or the government entity or body subject to chapter 13D may choose to give notice to the subject of the data concerning the dispute regarding the data or compliance with chapter 13D.

(e) This section does not apply to a determination made by the commissioner of health under section 13.3805, subdivision 1, paragraph (b), or 144.6581.

(f) A writtennew text begin , numbered, and publishednew text end opinion issued by the attorney general shall take precedence over an opinion issued by the commissioner under this section.

Sec. 8.

Minnesota Statutes 2006, 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) deleted text begin 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 ordeleted text end acted in conformity with an opinion issued under section 13.072 that was sought by new text begin a government entity or new text end another person; or

(6) provided ongoing training to government entity personnel who respond to requests under this chapter.

(c) The court shall award reasonable attorney fees to a prevailing plaintiff who has brought an action under this subdivision if the government entity that is the defendant in the action was also the subject of a written opinion issued under section 13.072 and the court finds that the opinion is directly related to the cause of action being litigated and that the government entity did not act in conformity with the opinion.

Sec. 9.

Minnesota Statutes 2006, section 13.32, subdivision 5, is amended to read:

Subd. 5.

Directory information.

Information designated as directory information pursuant to the provisions of United States Code, title 20, section 1232g and Code of Federal Regulations, title 34, section 99.37 which are in effect on deleted text begin July 1, 1993deleted text end new text begin January 1, 2007new text end , is public data on individuals. When conducting the directory information designation and notice process required by federal law, an educational agency or institution shall give parents and students notice of the right to refuse to let the agency or institution designate any or all data about the student as directory information. This notice may be given by any means reasonably likely to inform the parents and students of the right.

Sec. 10.

Minnesota Statutes 2006, section 13.35, is amended to read:

13.35 FEDERAL CONTRACTS DATA.

To the extent that a federal agency requires it as a condition for contracting with a deleted text begin state agency or political subdivisiondeleted text end new text begin government entitynew text end , all government data collected and maintained by the deleted text begin state agency or political subdivisiondeleted text end new text begin government entity new text end because that agency contracts with the federal agency are classified as either private or nonpublic depending on whether the data are data on individuals or data not on individuals.

Sec. 11.

Minnesota Statutes 2006, section 13.355, subdivision 1, is amended to read:

Subdivision 1.

General.

The Social Security numbers of individualsnew text begin , whether provided in whole or in part,new text end collected or maintained by a deleted text begin state agency, statewide system, or political subdivisiondeleted text end new text begin government entity new text end are private data on individuals, except to the extent that access to the Social Security number is specifically authorized by law.

Sec. 12.

Minnesota Statutes 2006, section 13.384, subdivision 1, is amended to read:

Subdivision 1.

Definition.

As used in this section:

(a) "Directory information" means name of the patient, date admitted, and general condition.

(b) "Medical data" means data collected because an individual was or is a patient or client of a hospital, nursing home, medical center, clinic, health or nursing agency operated by a deleted text begin state agency or political subdivisiondeleted text end new text begin government entity new text end including business and financial records, data provided by private health care facilities, and data provided by or about relatives of the individual.

Sec. 13.

Minnesota Statutes 2006, section 13.384, subdivision 2, is amended to read:

Subd. 2.

Public hospitals; directory information.

(a) During the time that a person is a patient in a hospital operated by a deleted text begin state agency or political subdivisiondeleted text end new text begin government entity new text end under legal commitment, directory information is public data. After the person is released by termination of the person's legal commitment, the directory information is private data on individuals.

(b) If a person is a patient other than pursuant to commitment in a hospital controlled by a deleted text begin state agency or political subdivisiondeleted text end new text begin government entitynew text end , directory information is public data unless the patient requests otherwise, in which case it is private data on individuals.

(c) Directory information about an emergency patient who is unable to communicate which is public under this subdivision shall not be released until a reasonable effort is made to notify the next of kin. Although an individual has requested that directory information be private, the hospital may release directory information to a law enforcement agency pursuant to a lawful investigation pertaining to that individual.

Sec. 14.

Minnesota Statutes 2006, section 13.39, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

A "pending civil legal action" includes but is not limited to judicial, administrative or arbitration proceedings. Whether a civil legal action is pending shall be determined by the chief attorney acting for the deleted text begin state agency, political subdivision or statewide systemdeleted text end new text begin government entitynew text end .

Sec. 15.

Minnesota Statutes 2006, section 13.39, subdivision 2, is amended to read:

Subd. 2.

Civil actions.

(a) Except as provided in paragraph (b), data collected by state agencies, political subdivisions, or statewide systems as part of an active investigation undertaken for the purpose of the commencement or defense of a pending civil legal action, or which are retained in anticipation of a pending civil legal action, are classified as protected nonpublic data pursuant to section 13.02, subdivision 13, in the case of data not on individuals and confidential pursuant to section 13.02, subdivision 3, in the case of data on individuals. Any agency, political subdivision, or statewide system may make any data classified as confidential or protected nonpublic pursuant to this subdivision accessible to any person, agency or the public if the agency, political subdivision, or statewide system determines that the access will aid the law enforcement process, promote public health or safety or dispel widespread rumor or unrest.

(b) A complainant has access to a statement provided by the complainant to a deleted text begin state agency, statewide system, or political subdivisiondeleted text end new text begin government entity new text end under paragraph (a).

Sec. 16.

Minnesota Statutes 2006, section 13.39, subdivision 2a, is amended to read:

Subd. 2a.

Disclosure of data.

During the time when a civil legal action is determined to be pending under subdivision 1, any person may bring an action in the district court in the county where the data is maintained to obtain disclosure of data classified as confidential or protected nonpublic under subdivision 2. The court may order that all or part of the data be released to the public or to the person bringing the action. In making the determination whether data shall be disclosed, the court shall consider whether the benefit to the person bringing the action or to the public outweighs any harm to the public, the deleted text begin agencydeleted text end new text begin government entitynew text end , or any person identified in the data. The data in dispute shall be examined by the court in camera.

Sec. 17.

Minnesota Statutes 2006, section 13.39, subdivision 3, is amended to read:

Subd. 3.

Inactive investigative data.

Inactive civil investigative data are public, unless the release of the data would jeopardize another pending civil legal action, and except for those portions of a civil investigative file that are classified as not public data by this chapter or other law. Any civil investigative data presented as evidence in court or made part of a court record shall be public. Civil investigative data become inactive upon the occurrence of any of the following events:

(1) a decision by the deleted text begin state agency, political subdivision, or statewide systemdeleted text end new text begin government entity new text end or by the chief attorney acting for the deleted text begin state agency, political subdivision, or statewide systemdeleted text end new text begin government entity new text end not to pursue the civil action;

(2) expiration of the time to file a complaint under the statute of limitations or agreement applicable to the civil action; or

(3) exhaustion of or expiration of rights of appeal by either party to the civil action.

Data determined to be inactive under clause (1) may become active if the deleted text begin state agency, political subdivision, statewide systemdeleted text end new text begin government entitynew text end , or its attorney decides to renew the civil action.

Sec. 18.

Minnesota Statutes 2006, section 13.392, subdivision 1, is amended to read:

Subdivision 1.

Confidential data or protected nonpublic data.

Data, notes, and preliminary drafts of reports created, collected, and maintained by the internal audit offices of deleted text begin state agencies and political subdivisionsdeleted text end new text begin government entitiesnew text end , or persons performing audits for deleted text begin state agencies and political subdivisionsdeleted text end new text begin government entitiesnew text end , and relating to an audit or investigation are confidential data on individuals or protected nonpublic data until the final report has been published or the audit or investigation is no longer being pursued actively, except that the data shall be disclosed as required to comply with section 6.67 or 609.456. This section does not limit in any way:

(1) the state auditor's access to government data of political subdivisions or data, notes, or preliminary drafts of reports of persons performing audits for political subdivisions; or

(2) the public or a data subject's access to data classified by section 13.43.

Sec. 19.

Minnesota Statutes 2006, section 13.393, is amended to read:

13.393 ATTORNEYS.

Notwithstanding the provisions of this chapter and section 15.17, the use, collection, storage, and dissemination of data by an attorney acting in a professional capacity for deleted text begin the state, a state agency or a political subdivisiondeleted text end new text begin a government entity new text end shall be governed by statutes, rules, and professional standards concerning discovery, production of documents, introduction of evidence, and professional responsibility; provided that this section shall not be construed to affect the applicability of any statute, other than this chapter and section 15.17, which specifically requires or prohibits disclosure of specific information by the attorney, nor shall this section be construed to relieve any responsible authority, other than the attorney, from duties and responsibilities pursuant to this chapter and section 15.17.

Sec. 20.

Minnesota Statutes 2006, section 13.40, subdivision 1, is amended to read:

Subdivision 1.

Records subject to this chapter.

(a) For purposes of this section, "historical records repository" means an archives or manuscript repository operated by deleted text begin any state agency, statewide system, or political subdivisiondeleted text end new text begin a government entity new text end whose purpose is to collect and maintain data to further the history of a geographic or subject area. The term does not include the state archives as defined in section 138.17, subdivision 1, clause (5).

(b) Data collected, maintained, used, or disseminated by a library or historical records repository operated by deleted text begin any state agency, political subdivision, or statewide systemdeleted text end new text begin a government entity new text end shall be administered in accordance with the provisions of this chapter.

Sec. 21.

Minnesota Statutes 2006, section 13.40, subdivision 3, is amended to read:

Subd. 3.

Nongovernmental data.

Data held in the custody of a historical records repository that were not originally created, received, maintained, or disseminated by a deleted text begin state agency, statewide system, or political subdivisiondeleted text end new text begin government entity new text end are not government data. These data are accessible to the public unless:

(1) the data are contributed by private persons under an agreement that restricts access, to the extent of any lawful limitation; or

(2) access would significantly endanger the physical or organizational integrity of the data.

Sec. 22.

Minnesota Statutes 2006, section 13.41, subdivision 3, is amended to read:

Subd. 3.

Board of Peace Officer Standards and Training.

The following government data of the Board of Peace Officer Standards and Training are private data:

(1) home addresses of licensees and applicants for licenses; and

(2) data that identify the deleted text begin state agency, statewide system, or political subdivisiondeleted text end new text begin government entity new text end that employs a licensed peace officer.

The board may disseminate private data on applicants and licensees as is necessary to administer law enforcement licensure or to provide data under section 626.845, subdivision 1, to law enforcement agencies who are conducting employment background investigations.

Sec. 23.

Minnesota Statutes 2006, 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 described in subdivision 5a, the following personnel data on current and former employees, volunteers, and independent contractors of a government entity 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.

(b) For purposes of this subdivision, a final disposition occurs when the deleted text begin state agency, statewide system, or political subdivisiondeleted text end new text begin government entity new text end 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 deleted text begin state agency, statewide system, political subdivisiondeleted text end new text begin government entitynew text end , or arbitrator.

(c) The deleted text begin state agency, statewide system, or political subdivisiondeleted text end new text begin government entity new text end may display a photograph of a current or former employee to a prospective witness as part of the deleted text begin state agency's, statewide system's, or political subdivision'sdeleted text end new text begin government entity's new text end investigation of any complaint or charge against the employee.

(d) A complainant has access to a statement provided by the complainant to a deleted text begin state agency, statewide system, or political subdivisiondeleted text end new text begin government entity new text end 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 institutionsnew text begin within state governmentnew text end .

Sec. 24.

Minnesota Statutes 2006, section 13.43, subdivision 5, is amended to read:

Subd. 5.

Undercover law enforcement officer.

All personnel data maintained by deleted text begin any state agency, statewide system or political subdivisiondeleted text end new text begin a government entity new text end relating to an individual employed as or an applicant for employment as an undercover law enforcement officer are private data on individuals. When the individual is no longer assigned to an undercover position, the data described in subdivisions 2 and 3 become public unless the law enforcement agency determines that revealing the data would threaten the personal safety of the officer or jeopardize an active investigation.

Sec. 25.

Minnesota Statutes 2006, section 13.43, subdivision 7, is amended to read:

Subd. 7.

Employee assistance data.

All data created, collected or maintained by deleted text begin any state agency or political subdivisiondeleted text end new text begin a government entity new text end to administer employee assistance programs similar to the one authorized by section 43A.319 are classified as private, pursuant to section 13.02, subdivision 12. This section shall not be interpreted to authorize the establishment of employee assistance programs.

Sec. 26.

Minnesota Statutes 2006, section 13.43, subdivision 9, is amended to read:

Subd. 9.

Peer counseling debriefing data.

(a) Data acquired by a peer group member in a public safety peer counseling debriefing is private data on the person being debriefed.

(b) For purposes of this subdivision, "public safety peer counseling debriefing" means a group process oriented debriefing session held for peace officers, firefighters, medical emergency persons, dispatchers, or other persons involved with public safety emergency services, that is established by any deleted text begin agencydeleted text end new text begin government entity new text end providing public safety emergency services and is designed to help a person who has suffered an occupation-related traumatic event begin the process of healing and effectively dealing with posttraumatic stress.

Sec. 27.

Minnesota Statutes 2006, section 13.43, subdivision 10, is amended to read:

Subd. 10.

Prohibition on agreements limiting disclosure or discussion of personnel data.

(a) A deleted text begin state agency, statewide system, or political subdivisiondeleted text end new text begin government entity new text end may not enter into an agreement settling a dispute arising out of the employment relationship with the purpose or effect of limiting access to or disclosure of personnel data or limiting the discussion of information or opinions related to personnel data. An agreement or portion of an agreement that violates this paragraph is void and unenforceable.

(b) Paragraph (a) applies to the following, but only to the extent that the data or information could otherwise be made accessible to the public:

(1) an agreement not to discuss, publicize, or comment on personnel data or information;

(2) an agreement that limits the ability of the subject of personnel data to release or consent to the release of data; or

(3) any other provision of an agreement that has the effect of limiting the disclosure or discussion of information that could otherwise be made accessible to the public, except a provision that limits the ability of an employee to release or discuss private data that identifies other employees.

(c) Paragraph (a) also applies to a court order that contains terms or conditions prohibited by paragraph (a).

Sec. 28.

Minnesota Statutes 2006, section 13.43, subdivision 11, is amended to read:

Subd. 11.

Protection of employee or others.

(a) If the responsible authority or designee of a deleted text begin state agency, statewide system, or political subdivisiondeleted text end new text begin government entity new text end reasonably determines that the release of personnel data is necessary to protect an employee from harm to self or to protect another person who may be harmed by the employee, data that are relevant to the concerns for safety may be released as provided in this subdivision.

(b) The data may be released:

(1) to the person who may be harmed and to an attorney representing the person when the data are relevant to obtaining a restraining order;

(2) to a prepetition screening team conducting an investigation of the employee under section 253B.07, subdivision 1; or

(3) to a court, law enforcement agency, or prosecuting authority.

(c) Section 13.03, subdivision 4, paragraph (c), applies to data released under this subdivision, except to the extent that the data have a more restrictive classification in the possession of the agency or authority that receives the data. If the person who may be harmed or the person's attorney receives data under this subdivision, the data may be used or released further only to the extent necessary to protect the person from harm.

Sec. 29.

Minnesota Statutes 2006, section 13.435, is amended to read:

13.435 SALARY BENEFIT SURVEY DATA.

Salary and personnel benefit survey data purchased from consulting firms, nonprofit corporations or associations or obtained from employers with the written understanding that the data shall not be made public which is maintained by deleted text begin state agencies, political subdivisions or statewide systemsdeleted text end new text begin government entities new text end are classified as nonpublic pursuant to section 13.02, subdivision 9.

Sec. 30.

Minnesota Statutes 2006, section 13.44, subdivision 1, is amended to read:

Subdivision 1.

Real property; complaint data.

The identities of individuals who register complaints with deleted text begin state agencies or political subdivisionsdeleted text end new text begin government entities new text end concerning violations of state laws or local ordinances concerning the use of real property are classified as confidential data, pursuant to section 13.02, subdivision 3.

Sec. 31.

Minnesota Statutes 2006, section 13.44, subdivision 2, is amended to read:

Subd. 2.

Real property; building code violations.

Code violation records pertaining to a particular parcel of real property and the buildings, improvements, and dwelling units located on it that are kept by any state, county, or city agency charged by the governing body of the appropriate deleted text begin political subdivisiondeleted text end new text begin government entity new text end with the responsibility for enforcing a state, county, or city health, housing, building, fire prevention, or housing maintenance code are public data; except as otherwise provided by section 13.39, subdivision 2; 13.44; or 13.82, subdivision 7.

Sec. 32.

Minnesota Statutes 2006, section 13.44, subdivision 3, is amended to read:

Subd. 3.

Real property; appraisal data.

(a) Confidential or protected nonpublic data. Estimated or appraised values of individual parcels of real property that are made by personnel of deleted text begin the state or a political subdivisiondeleted text end new text begin a government entity new text end or by independent appraisers acting for deleted text begin the state or a political subdivisiondeleted text end new text begin a government entity new text end for the purpose of selling or acquiring land through purchase or condemnation are classified as confidential data on individuals or protected nonpublic data.

(b) Private or nonpublic data. Appraised values of individual parcels of real property that are made by appraisers working for fee owners or contract purchasers who have received an offer to purchase their property from deleted text begin the state or a political subdivisiondeleted text end new text begin a government entity new text end are classified as private data on individuals or nonpublic data.

(c) Public data. The data made confidential or protected nonpublic under paragraph (a) or made private or nonpublic under paragraph (b) become public upon the occurrence of any of the following:

(1) the data are submitted to a court-appointed condemnation commissioner;

(2) the data are presented in court in condemnation proceedings; or

(3) the negotiating parties enter into an agreement for the purchase and sale of the property.

Sec. 33.

Minnesota Statutes 2006, section 13.462, subdivision 1, is amended to read:

Subdivision 1.

Definition.

As used in this section, "benefit data" means data on individuals collected or created because an individual seeks information about becoming, is, or was an applicant for or a recipient of benefits or services provided under various housing, home ownership, rehabilitation and community action agency, Head Start, and food assistance programs administered by deleted text begin state agencies, political subdivisions, or statewide systemsdeleted text end new text begin government entitiesnew text end . Benefit data does not include welfare data which shall be administered in accordance with section 13.46.

Sec. 34.

Minnesota Statutes 2006, section 13.462, subdivision 2, is amended to read:

Subd. 2.

Public data.

The names and addresses of applicants for and recipients of benefits, aid, or assistance through programs administered by deleted text begin any political subdivision, state agency, or statewide systemdeleted text end new text begin a government entity new text end that are intended to assist with the purchase, rehabilitation, or other purposes related to housing or other real property are classified as public data on individuals. If an applicant or recipient is a corporation, the names and addresses of the officers of the corporation are public data on individuals. If an applicant or recipient is a partnership, the names and addresses of the partners are public data on individuals. The amount or value of benefits, aid, or assistance received is public data.

Sec. 35.

Minnesota Statutes 2006, section 13.462, subdivision 3, is amended to read:

Subd. 3.

Private data.

Unless otherwise provided by law, all other benefit data are private data on individuals, and shall not be disclosed except pursuant to court order or to an agent of the deleted text begin state agency, political subdivision, or statewide systemdeleted text end new text begin government entitynew text end , including appropriate law enforcement personnel, who are acting in an investigation or prosecution of a criminal or civil proceeding relating to the administration of a program described in subdivision 1.

Sec. 36.

Minnesota Statutes 2006, section 13.48, is amended to read:

13.48 AWARD DATA.

Financial data on business entities submitted to a deleted text begin state agency, statewide system, or political subdivisiondeleted text end new text begin government entity new text end for the purpose of presenting awards to business entities for achievements in business development or performance are private data on individuals or nonpublic data.

Sec. 37.

Minnesota Statutes 2006, section 13.552, subdivision 3, is amended to read:

Subd. 3.

Data provided under subpoena.

Data supplied by a deleted text begin state agency, statewide system, or political subdivisiondeleted text end new text begin government entity new text end pursuant to a subpoena issued by the commissioner of human rights is governed by section 363A.06, subdivision 2.

Sec. 38.

Minnesota Statutes 2006, section 13.591, subdivision 4, is amended to read:

Subd. 4.

Classification of evaluative data; data sharing.

(a) Data created or maintained by a government entity as part of the selection or evaluation process referred to in this section are protected nonpublic data until completion of the selection process or completion of the evaluation process at which time the data are public with the exception of trade secret data as defined and classified in section 13.37.

(b) If a deleted text begin state agencydeleted text end new text begin government entitynew text end asks employees of other deleted text begin state agenciesdeleted text end new text begin government entitiesnew text end to assist with the selection of the responses to a request for bid or the evaluation of responses to a request for proposal, the deleted text begin state agencydeleted text end new text begin government entitynew text end may share not public data in the responses with those employees. The employees participating in the selection or evaluation may not further disseminate the not public data they review.

Sec. 39.

Minnesota Statutes 2006, section 13.72, is amended by adding a subdivision to read:

new text begin Subd. 14. new text end

new text begin Market research data; classification. new text end

new text begin (a) Names, home addresses except for zip codes, home e-mail addresses, and home telephone numbers obtained for or received in response to a survey conducted by or on behalf of the Department of Transportation are classified as private data on individuals. new text end

new text begin (b) Business names, business addresses except for zip codes, business e-mail addresses, and business telephone numbers obtained for or received in response to a survey conducted by or on behalf of the Department of Transportation are classified as nonpublic data. new text end

Sec. 40.

Minnesota Statutes 2006, section 13.72, is amended by adding a subdivision to read:

new text begin Subd. 15. new text end

new text begin Overhead rate data. new text end

new text begin Financial statements and shareholder financial data provided to the commissioner of transportation by a consultant in order to establish its overhead rate, and the schedule of audit adjustments and the overhead rate schedule prepared by the Department of Transportation in order to establish the overhead rate for a consultant are classified as nonpublic data or private data on individuals. The overhead rate percentage is public data. new text end

Sec. 41.

Minnesota Statutes 2006, section 13.72, is amended by adding a subdivision to read:

new text begin Subd. 16. new text end

new text begin Bid escrow data. new text end

new text begin Bid documentation held in escrow by the Department of Transportation is classified as nonpublic data. Any data on individuals in the bid documentation are classified as private data on individuals. "Bid documentation" means all writings, working papers, computer printout charts, and other data calculations used by a contractor to determine its bid in bidding for a contract. The bid documentation includes, but is not limited to, the contractor's costs for operating each piece of equipment owned by the contractor, the contractor's overhead costs and its calculated overhead rate, the contractor's pay rates for its employees, efficiency or productivity factors, arithmetic extensions, and the rates and quotations from subcontractors and material suppliers to the extent that the rates and quotations were used by the contractor in formulating and determining the amount of the bid. new text end

Sec. 42.

new text begin [13.7908] BUREAU OF MEDIATION SERVICES DATA. new text end

new text begin Subdivision 1. new text end

new text begin Representation data. new text end

new text begin Authorization signatures or cards furnished in support of a petition filed or election conducted under sections 179.16, 179.18 to 179.25, and 179A.12, and ballots, prior to the time of tabulation, are classified as protected nonpublic data or confidential data on individuals. new text end

new text begin Subd. 2. new text end

new text begin Mediation data. new text end

new text begin Data received or maintained by the staff or commissioner of the Bureau of Mediation Services during the course of providing mediation services to the parties to a labor dispute under chapter 179 are classified as protected nonpublic data or confidential data on individuals, except to the extent the commissioner of the Bureau of Mediation Services determines access to data is necessary to fulfill the requirements of section 179A.16 or to identify the general nature of or parties to a labor dispute. new text end

Sec. 43.

Minnesota Statutes 2006, section 13.861, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

As used in this section:

(a) "Security service" means an organization that provides security services to a deleted text begin state agency or political subdivisiondeleted text end new text begin government entity new text end as a part of deleted text begin the governmentaldeleted text end new text begin thatnew text end entity or under contract to it. Security service does not include a law enforcement agency.

(b) "Security service data" means all data collected, created, or maintained by a security service for the purpose of providing security services.

Sec. 44.

Minnesota Statutes 2006, section 13.87, subdivision 1, is amended to read:

Subdivision 1.

Criminal history data.

(a) Definition. For purposes of this subdivision, "criminal history data" means all data maintained in criminal history records compiled by the Bureau of Criminal Apprehension and disseminated through the criminal justice information system, including, but not limited to fingerprints, photographs, identification data, arrest data, prosecution data, criminal court data, custody and supervision data.

(b) Classification. Criminal history data maintained by agencies, political subdivisions and statewide systems are classified as private, pursuant to section 13.02, subdivision 12, except that data created, collected, or maintained by the Bureau of Criminal Apprehension that identify an individual who was convicted of a crime, the offense of which the individual was convicted, associated court disposition and sentence information, controlling agency, and confinement information are public data for 15 years following the discharge of the sentence imposed for the offense. new text begin If an individual's name or other identifying information is erroneously associated with a criminal history and a determination is made through a fingerprint verification that the individual is not the subject of the criminal history, the name or other identifying information must be redacted from the public criminal history data. The name and other identifying information must be retained in the criminal history and are classified as private data.new text end

The Bureau of Criminal Apprehension shall provide to the public at the central office of the bureau the ability to inspect in person, at no charge, through a computer monitor the criminal conviction data classified as public under this subdivision.

(c) Limitation. Nothing in paragraph (a) or (b) shall limit public access to data made public by section 13.82.

Sec. 45.

Minnesota Statutes 2006, section 13.87, subdivision 2, is amended to read:

Subd. 2.

Firearms data.

All data pertaining to the purchase or transfer of firearms and applications for permits to carry firearms which are collected by deleted text begin state agencies, political subdivisions or statewide systemsdeleted text end new text begin government entities new text end pursuant to sections 624.712 to 624.719 are classified as private, pursuant to section 13.02, subdivision 12.

Sec. 46.

new text begin [13.873] INTEGRATED SEARCH SERVICE DATA SUBJECT ACCESS. new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "integrated search service" is a service operated by the Bureau of Criminal Apprehension that allows authorized users to search and view data that are stored on one or more databases maintained by criminal justice agencies, as defined in section 299C.46, subdivision 2. new text end

new text begin Subd. 2. new text end

new text begin Requests by data subject. new text end

new text begin An individual who is the subject of data accessible through the integrated search service has access to the service only as provided in this section. An individual may request that an integrated search service query to locate data about the individual be performed by state or local law enforcement agencies with integrated search service access. State and local law enforcement agencies with integrated search service access shall provide only the following: new text end

new text begin (1) a list of the government entities that have provided public or private data about that individual through integrated search service; and new text end

new text begin (2) data that describe what is maintained about the individual at each government entity on the list. new text end

new text begin Subd. 3. new text end

new text begin Bureau responsibilities. new text end

new text begin The Bureau of Criminal Apprehension shall provide the following information at a public Internet site: new text end

new text begin (1) a listing of all law enforcement agencies with integrated search service access; and new text end

new text begin (2) information for individual data subjects on how to challenge the accuracy or completeness of data pursuant to section 13.04, subdivision 4. new text end

Sec. 47.

Minnesota Statutes 2006, section 84.0274, subdivision 5, is amended to read:

Subd. 5.

Owner's rights.

When the state proposes to purchase in fee or any lesser interest in land which will be administered by the commissioner of natural resources, the landowner shall have the following rights:

(a) The right to be informed of the specific intended use of the property and of any change in the intended use of the property which occurs during the acquisition process. The owner shall also be informed that the documents regarding the purchase will be public records if the land is purchased by the state;

(b) The right to be paid a fair price for the property. The price shall include the fair market value of the land plus:

(1) All necessary incidental costs such as abstracting and recording fees related to the sale. The costs of clearing title defects, paying taxes, and attorney's fees are not reimbursable; and

(2) Any penalties incurred by the owner where the property is security for a loan or advance of credit that contains a provision requiring or permitting the imposition of a penalty if the loan or advance of credit is prepaid;

(c) The right to payment, at the owner's election, in a lump sum or in up to four annual installments;

(d) The right to have the property fairly appraised by the state. The state's appraiser shall physically inspect the property and shall allow the owner deleted text begin alongdeleted text end new text begin to accompany the appraisernew text end when the appraisal is made. The state's appraiser shall certify in the appraisal report to having physically inspected the property and having given the landowner an opportunity to deleted text begin go alongdeleted text end new text begin accompany the appraisernew text end on inspections. new text begin Notwithstanding section 13.44, subdivision 3, before an offer is made, new text end the landowner shall be deleted text begin given a resume of the state's certified appraisal. The resume shall include the appraiser's conclusions as to value, acreage and type of land, value of buildings and other improvements, value of timber, special damages and any special elements of valuedeleted text end new text begin informed of the value determined pursuant to section 84.0272new text end ;

(e) The right to retain a qualified independent appraiser to conduct an appraisal at any time prior to certification of the state's appraisal of the property and to be reimbursed for appraisal fees as provided in section 117.232, subdivision 1, if the land is sold to the state and to have that appraisal considered along with the state's in certifying the selling price;

(f) The right to have the state acquire the property by means of condemnation upon the owner's request with the agreement of the commissioner;

(g) The right to receive or waive relocation assistance, services, payments and benefits as provided in sections 117.52 and 117.521;

(h) The right to accept the state's offer for the property and contest the state's offer for relocation and moving expenses;

(i) The right to continue occupancy of the property until full payment is received, provided that when the owner elects to receive payment in annual installments pursuant to clause (c), the owner may retain occupancy until the first payment is made; and

(j) The right to seek the advice of counsel regarding any aspect of the land transaction.

Sec. 48.

Minnesota Statutes 2006, section 122A.33, subdivision 3, is amended to read:

Subd. 3.

Notice of nonrenewal; opportunity to respond.

A school board that declines to renew the coaching contract of a licensed or nonlicensed head varsity coach must notify the coach within 14 days of that decision. If the coach requests reasons for not renewing the coaching contract, the board must give the coach its reasons in writing within ten days of receiving the request. Upon request, the board must provide the coach with a reasonable opportunity to respond to the reasons at a board meeting. The hearing may be opened or closed at the election of the coach unless the board closes the meeting under section 13D.05, subdivision 2, to discuss deleted text begin nonpublicdeleted text end new text begin privatenew text end data.

Sec. 49.

Minnesota Statutes 2006, section 171.07, subdivision 1a, is amended to read:

Subd. 1a.

Filing photograph or image; data classification.

The department shall file, or contract to file, all photographs or electronically produced images obtained in the process of issuing drivers' licenses or Minnesota identification cards. The photographs or electronically produced images shall be private data pursuant to section 13.02, subdivision 12. Notwithstanding section 13.04, subdivision 3, the department shall not be required to provide copies of photographs or electronically produced images to data subjects. The use of the files is restricted:

(1) to the issuance and control of drivers' licenses;

(2) deleted text begin for law enforcement purposes in the investigation and prosecution of crimes; anddeleted text end new text begin to criminal justice agencies, as defined in section 299C.46, subdivision 2, for the investigation and prosecution of crimes, service of process, enforcement of no contact orders, location of missing persons, investigation and preparation of cases for criminal, juvenile, and traffic court, and supervision of offenders;new text end

(3) deleted text begin fordeleted text end new text begin to public defenders, as defined in section 611.272, for the investigation and preparation of cases for criminal, juvenile, and traffic courts; andnew text end

new text begin (4) to new text end child support enforcement purposes under section 256.978.

Sec. 50.

Minnesota Statutes 2006, section 268.19, subdivision 1, as amended by Laws 2007, chapter 54, article 6, section 13, is amended to read:

Subdivision 1.

Use of data.

(a) Except as otherwise provided by this section, data gathered from any 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 district court order or section 13.05. A subpoena shall not be considered a district 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 any other state or any federal agency charged with the administration of an 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;

(4) human rights agencies within Minnesota that have enforcement powers;

(5) the Department of Revenue only to the extent necessary for its duties under Minnesota laws;

(6) public and private agencies responsible for administering publicly financed assistance programs for the purpose of monitoring the eligibility of the program's recipients;

(7) the Department of Labor and Industry and the Division of Insurance Fraud Prevention in the Department of Commerce on an interchangeable basis with the department for uses consistent with the administration of their duties under Minnesota law;

(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 and state welfare agencies for the purpose of identifying employment, wages, and other information to assist in the collection of an overpayment debt in an assistance program;

(10) local, state, and federal law enforcement agencies for the sole purpose of ascertaining the last known address and employment location of a person who is the subject of a criminal investigation;

(11) 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;

(12) the Department of Health solely for the purposes of epidemiologic investigations; and

(13) the Department of Corrections for the purpose of postconfinement employment trackingnew text begin of individuals who had been committed to the custody of the commissioner of correctionsnew text end .

(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 district court order or to a party named in a criminal proceeding, administrative or judicial, for preparation of a defense.

(c) Data gathered by the department pursuant to the administration of the Minnesota unemployment insurance program 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. 51.

Minnesota Statutes 2006, 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, 289A (except taxes imposed under sections 298.01, 298.015, and 298.24), 290, 290A, 291, 295, 297A, new text begin 297B, new text end 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 52.

Minnesota Statutes 2006, section 270B.02, subdivision 3, is amended to read:

Subd. 3.

Confidential data on individuals; protected nonpublic data.

(a) Except as provided in paragraph (b), the name or existence of an informer, informer letters, and other data, in whatever form, given to the Department of Revenue by a person, other than the data subject, who informs that a specific person is not or may not be in compliance with tax laws, or nontax laws administered by the Department of Revenue, including laws deleted text begin other than those relating to property taxesdeleted text end not listed in section 270B.01, subdivision 8, are confidential data on individuals or protected nonpublic data as defined in section 13.02, subdivisions 3 and 13.new text begin This paragraph does not apply to laws relating to property taxes.new text end

(b) Data under paragraph (a) may be disclosed with the consent of the informer or upon a written finding by a court that the information provided by the informer was false and that there is evidence that the information was provided in bad faith. This subdivision does not alter disclosure responsibilities or obligations under the Rules of Criminal Procedure.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 53.

Minnesota Statutes 2006, section 270B.085, is amended by adding a subdivision to read:

new text begin Subd. 3. new text end

new text begin Collection of nontax debt. new text end

new text begin The commissioner may use return information for the purpose of collecting debts referred to the commissioner under chapter 16D. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 54.

Minnesota Statutes 2006, section 270B.14, subdivision 3, is amended to read:

Subd. 3.

Administration of enterprisenew text begin , job opportunity, and biotechnology and health sciences industrynew text end zone deleted text begin programdeleted text end new text begin programsnew text end .

The commissioner may disclose return information relating to the taxes imposed by chapters 290 and 297A to the Department of Employment and Economic Development or a municipality receiving an enterprise zone designation under section 469.169 but only as necessary to administer the funding limitations under section 469.169, subdivision 7deleted text begin .deleted text end new text begin , or to the Department of Employment and Economic Development and appropriate officials from the local government units in which a qualified business is located but only as necessary to enforce the job opportunity building zone benefits under section 469.315, or biotechnology and health sciences industry zone benefits under section 469.336.new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 55.

Minnesota Statutes 2006, section 325E.59, subdivision 1, is amended to read:

Subdivision 1.

Generally.

(a) A person or entity, not including a government entity, may not do any of the following:

(1) publicly post or publicly display in any manner an individual's Social Security number. "Publicly post" or "publicly display" means to intentionally communicate or otherwise make available to the general public;

(2) print an individual's Social Security number on any card required for the individual to access products or services provided by the person or entity;

(3) require an individual to transmit the individual's Social Security number over the Internet, unless the connection is secure or the Social Security number is encrypted, except as required by titles XVIII and XIX of the Social Security Act and by Code of Federal Regulations, title 42, section 483.20;

(4) require an individual to use the individual's Social Security number to access an Internet Web site, unless a password or unique personal identification number or other authentication device is also required to access the Internet Web site;

(5) print a number that the person or entity knows to be an individual's Social Security number on any materials that are mailed to the individual, unless state or federal law requires the Social Security number to be on the document to be mailed. If, in connection with a transaction involving or otherwise relating to an individual, a person or entity receives a number from a third party, that person or entity is under no duty to inquire or otherwise determine whether the number is or includes that individual's Social Security number and may print that number on materials mailed to the individual, unless the person or entity receiving the number has actual knowledge that the number is or includes the individual's Social Security number;

(6) assign or use a number as the primary account identifier that is identical to or incorporates an individual's complete Social Security number; or

(7) sell Social Security numbers obtained from individuals in the course of business.

Notwithstanding clauses (1) to (5), Social Security numbers may be included in applications and forms sent by mail, including documents sent as part of an application or enrollment process, or to establish, amend, or terminate an account, contract, or policy, or to confirm the accuracy of the Social Security number. Nothing in this paragraph authorizes inclusion of a Social Security number on the outside of a mailing or in the bulk mailing of a credit card solicitation offer.

(b) A person or entity, not including a government entity, must restrict access to individual Social Security numbers it holds so that only employees who require the numbers in order to perform their job duties have access to the numbers, except as required by titles XVIII and XIX of the Social Security Act and by Code of Federal Regulations, title 42, section 483.20.

(c) deleted text begin Except as provided in subdivision 2,deleted text end This section applies only to the use of Social Security numbers on or after July 1, deleted text begin 2007deleted text end new text begin 2008new text end .

Sec. 56.

Laws 2005, chapter 163, section 85, the effective date, is amended to read:

EFFECTIVE DATE.

This section is effective July 1, deleted text begin 2007deleted text end new text begin 2008new text end .

Sec. 57.

Laws 2006, chapter 253, section 19, is amended to read:

Sec. 19.

Minnesota Statutes 2005 Supplement, section 325E.59, subdivision 1, is amended to read:

Subdivision 1.

Generally.

(a) A person or entity, not including a government entity, may not do any of the following:

(1) publicly post or publicly display in any manner an individual's Social Security number. "Publicly post" or "publicly display" means to intentionally communicate or otherwise make available to the general public;

(2) print an individual's Social Security number on any card required for the individual to access products or services provided by the person or entity;

(3) require an individual to transmit the individual's Social Security number over the Internet, unless the connection is secure or the Social Security number is encrypted, except as required by titles XVIII and XIX of the Social Security Act and by Code of Federal Regulations, title 42, section 483.20;

(4) require an individual to use the individual's Social Security number to access an Internet Web site, unless a password or unique personal identification number or other authentication device is also required to access the Internet Web site;

(5) print a number that the person or entity knows to be an individual's Social Security number on any materials that are mailed to the individual, unless state or federal law requires the Social Security number to be on the document to be mailed. If, in connection with a transaction involving or otherwise relating to an individual, a person or entity receives a number from a third party, that person or entity is under no duty to inquire or otherwise determine whether the number is or includes that individual's Social Security number and may print that number on materials mailed to the individual, unless the person or entity receiving the number has actual knowledge that the number is or includes the individual's Social Security number;

(6) assign or use a number as the primary account identifier that is identical to or incorporates an individual's complete Social Security number; or

(7) sell Social Security numbers obtained from individuals in the course of business.

Notwithstanding clauses (1) to (5), Social Security numbers may be included in applications and forms sent by mail, including documents sent as part of an application or enrollment process, or to establish, amend, or terminate an account, contract, or policy, or to confirm the accuracy of the Social Security number. Nothing in this paragraph authorizes inclusion of a Social Security number on the outside of a mailing or in the bulk mailing of a credit card solicitation offer.

(b) A person or entity, not including a government entity, must restrict access to individual Social Security numbers it holds so that only employees who require the numbers in order to perform their job duties have access to the numbers, except as required by titles XVIII and XIX of the Social Security Act and by Code of Federal Regulations, title 42, section 483.20.

(c) Except as provided in subdivision 2, this section applies only to the use of Social Security numbers on or after July 1, 2007.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008. new text end

Sec. 58.

new text begin REPEALER. new text end

new text begin (a) new text end new text begin Minnesota Statutes 2006, section 13.79, subdivision 2, new text end new text begin is repealed. new text end

new text begin (b) new text end new text begin Minnesota Statutes 2006, section 325E.59, subdivision 2, new text end new text begin is repealed. new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (b) is effective the day following final enactment. new text end

Presented to the governor May 22, 2007

Signed by the governor May 24, 2007, 5:10 p.m.

Official Publication of the State of Minnesota
Revisor of Statutes