MN Legislature

Accessibility menu

Session laws use visual text formatting such as stricken text to denote deleted language, and underlined text to denote new language. For users of the jaws screenreader it is recommended to configure jaws to use the proofreading scheme which will alter the pitch of the reading voice when reading stricken and underlined text. Instructions for configuring your jaws reader are provided by following this link.
If you can not or do not wish to configure your screen reader, deleted language will begin with the phrase "deleted text begin" and be followed by the phrase "deleted text end", new language will begin with the phrase "new text begin" and be followed by "new text end". Skip to text of Chapter 163.

Menu

Revisor of Statutes Menu

Authenticate

Pdf

2005 Minnesota Session Laws

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

                            CHAPTER 163-H.F.No. 225 
                  An act relating to data practices; making technical, 
                  conforming, and clarifying changes to the Minnesota 
                  Government Data Practices Act; defining terms; 
                  classifying, regulating, and reviewing access to and 
                  dissemination of certain data; providing notice of 
                  breaches in security; regulating certain fees; 
                  providing for the conduct of certain board and council 
                  meetings; modifying provisions regulating motor 
                  vehicle and driver applications and records; 
                  regulating disclosure of nonidentifying sales tax 
                  returns; modifying vehicle accident reports and 
                  procedures; providing for treatment of data held by 
                  the comprehensive incident-based reporting system; 
                  regulating use of Social Security numbers; classifying 
                  certain animal health data; defining terms and 
                  regulating data privacy practices for wireless 
                  telecommunications; providing for a review of the 
                  handling of genetic information; amending Minnesota 
                  Statutes 2004, sections 3.978, subdivision 2; 11A.24, 
                  subdivision 6; 13.01, subdivisions 1, 3; 13.02, 
                  subdivision 7; 13.03, subdivisions 1, 2, 3, 4, 5, 6, 
                  8; 13.04, subdivisions 2, 4; 13.05, subdivisions 1, 4, 
                  6, 7, 8, 9; 13.06, subdivisions 1, 2, 3, 4; 13.07; 
                  13.072, subdivision 4; 13.073, subdivision 3; 13.08, 
                  subdivisions 1, 2, 5; 13.32, by adding a subdivision; 
                  13.37, subdivisions 1, 2, 3; 13.3805, by adding a 
                  subdivision; 13.43, subdivisions 1, 2, 3; 13.46, 
                  subdivision 4; 13.591, by adding subdivisions; 13.601, 
                  by adding a subdivision; 13.635, by adding a 
                  subdivision; 13.643, by adding a subdivision; 13.72, 
                  by adding subdivisions; 13.82, subdivisions 1, 16; 
                  16C.06, subdivision 5; 116J.68, by adding a 
                  subdivision; 116L.03, by adding a subdivision; 
                  116L.665, by adding a subdivision; 116M.15, by adding 
                  a subdivision; 116U.25; 168.346; 168A.04, by adding a 
                  subdivision; 169.09, subdivisions 1, 2, 3, 4, 5, 6, 7, 
                  8, 9, 11, 12, 14, 15, by adding subdivisions; 171.07, 
                  subdivisions 1, 3; 171.12, subdivision 7; 270B.01, 
                  subdivision 5; 270B.03, subdivision 1; proposing 
                  coding for new law in Minnesota Statutes, chapters 13; 
                  41A; 299C; 325E; repealing Minnesota Statutes 2004, 
                  sections 13.04, subdivision 5; 169.09, subdivision 10; 
                  170.55. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2004, section 3.978, 
        subdivision 2, is amended to read: 
           Subd. 2.  [INQUIRY AND INSPECTION POWER; DUTY TO AID 
        LEGISLATIVE AUDITOR.] All public officials and their deputies 
        and employees, and all corporations, firms, and individuals 
        having business involving the receipt, disbursement, or custody 
        of public funds shall at all times afford reasonable facilities 
        for examinations by the legislative auditor, make returns and 
        reports required by the legislative auditor, attend and answer 
        under oath the legislative auditor's lawful inquiries, produce 
        and exhibit all books, accounts, documents, data of any 
        classification, and property that the legislative auditor 
        may desire need to inspect, and in all things aid the 
        legislative auditor in the performance of duties. 
           Sec. 2.  Minnesota Statutes 2004, section 11A.24, 
        subdivision 6, is amended to read: 
           Subd. 6.  [OTHER INVESTMENTS.] (a) In addition to the 
        investments authorized in subdivisions 1 to 5, and subject to 
        the provisions in paragraph (b), the state board may invest 
        funds in:  
           (1) venture capital investment businesses through 
        participation in limited partnerships, trusts, private 
        placements, limited liability corporations, limited liability 
        companies, limited liability partnerships, and corporations; 
           (2) real estate ownership interests or loans secured by 
        mortgages or deeds of trust or shares of real estate investment 
        trusts through investment in limited partnerships, bank 
        sponsored collective funds, trusts, mortgage participation 
        agreements, and insurance company commingled accounts, including 
        separate accounts; 
           (3) regional and mutual funds through bank sponsored 
        collective funds and open-end investment companies registered 
        under the Federal Investment Company Act of 1940, and closed-end 
        mutual funds listed on an exchange regulated by a governmental 
        agency; 
           (4) resource investments through limited partnerships, 
        trusts, private placements, limited liability corporations, 
        limited liability companies, limited liability partnerships, and 
        corporations; and 
           (5) international securities. 
           (b) The investments authorized in paragraph (a) must 
        conform to the following provisions:  
           (1) the aggregate value of all investments made according 
        to paragraph (a), clauses (1) to (4), may not exceed 35 percent 
        of the market value of the fund for which the state board is 
        investing; 
           (2) there must be at least four unrelated owners of the 
        investment other than the state board for investments made under 
        paragraph (a), clause (1), (2), (3), or (4); 
           (3) state board participation in an investment vehicle is 
        limited to 20 percent thereof for investments made under 
        paragraph (a), clause (1), (2), (3), or (4); and 
           (4) state board participation in a limited partnership does 
        not include a general partnership interest or other interest 
        involving general liability.  The state board may not engage in 
        any activity as a limited partner which creates general 
        liability.  
           (c) All financial, business, or proprietary data collected, 
        created, received, or maintained by the state board in 
        connection with investments authorized by paragraph (a), clause 
        (1), (2), or (4), are nonpublic data under section 13.02, 
        subdivision 9.  As used in this section, "financial, business, 
        or proprietary data" means data, as determined by the 
        responsible authority for the state board:  (i) that is of a 
        financial, business, or proprietary nature; and (ii) the release 
        of which could cause competitive harm to the state board, the 
        legal entity in which the state board has invested or has 
        considered an investment, the managing entity of an investment, 
        or a portfolio company in which the legal entity holds an 
        interest.  As used in this section, "business data" is data 
        described in section 13.591, subdivision 1.  Regardless of 
        whether they could be considered financial, business, or 
        proprietary data, the following data received, prepared, used, 
        or retained by the state board in connection with investments 
        authorized by paragraph (a), clause (1), (2), or (4), are public 
        at all times: 
           (1) the name and industry group classification of the legal 
        entity in which the state board has invested or in which the 
        state board has considered an investment; 
           (2) the state board commitment amount, if any; 
           (3) the funded amount of the state board's commitment to 
        date, if any; 
           (4) the market value of the investment by the state board; 
           (5) the state board's internal rate of return for the 
        investment, including expenditures and receipts used in the 
        calculation of the investment's internal rate of return; and 
           (6) the age of the investment in years. 
           Sec. 3.  Minnesota Statutes 2004, section 13.01, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [APPLICABILITY.] All state agencies, 
        political subdivisions and statewide systems government entities 
        shall be governed by this chapter.  
           Sec. 4.  Minnesota Statutes 2004, section 13.01, 
        subdivision 3, is amended to read: 
           Subd. 3.  [SCOPE.] This chapter regulates the collection, 
        creation, storage, maintenance, dissemination, and access to 
        government data in state agencies, statewide systems, and 
        political subdivisions government entities.  It establishes a 
        presumption that government data are public and are accessible 
        by the public for both inspection and copying unless there is 
        federal law, a state statute, or a temporary classification of 
        data that provides that certain data are not public. 
           Sec. 5.  Minnesota Statutes 2004, section 13.02, 
        subdivision 7, is amended to read: 
           Subd. 7.  [GOVERNMENT DATA.] "Government data" means all 
        data collected, created, received, maintained or disseminated by 
        any state agency, political subdivision, or statewide 
        system government entity regardless of its physical form, 
        storage media or conditions of use.  
           Sec. 6.  Minnesota Statutes 2004, section 13.03, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PUBLIC DATA.] All government data 
        collected, created, received, maintained or disseminated by a 
        state agency, political subdivision, or statewide 
        system government entity shall be public unless classified by 
        statute, or temporary classification pursuant to section 13.06, 
        or federal law, as nonpublic or protected nonpublic, or with 
        respect to data on individuals, as private or confidential.  The 
        responsible authority in every state agency, political 
        subdivision and statewide system government entity shall keep 
        records containing government data in such an arrangement and 
        condition as to make them easily accessible for convenient use.  
        Photographic, photostatic, microphotographic, or microfilmed 
        records shall be considered as accessible for convenient use 
        regardless of the size of such records. 
           Sec. 7.  Minnesota Statutes 2004, section 13.03, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PROCEDURES.] (a) The responsible authority in 
        every state agency, political subdivision, and statewide 
        system government entity shall establish procedures, consistent 
        with this chapter, to insure that requests for government data 
        are received and complied with in an appropriate and prompt 
        manner. 
           (b) The responsible authority shall prepare public access 
        procedures in written form and update them no later than August 
        1 of each year as necessary to reflect any changes in personnel 
        or circumstances that might affect public access to government 
        data.  The responsible authority shall make copies of the 
        written public access procedures easily available to the public 
        by distributing free copies of the procedures to the public or 
        by posting a copy of the procedures in a conspicuous place 
        within the government entity that is easily accessible to the 
        public. 
           (c) Full convenience and comprehensive accessibility shall 
        be allowed to researchers including historians, genealogists and 
        other scholars to carry out extensive research and complete 
        copying of all records containing government data except as 
        otherwise expressly provided by law. 
           A responsible authority may designate one or more designees.
           Sec. 8.  Minnesota Statutes 2004, section 13.03, 
        subdivision 3, is amended to read: 
           Subd. 3.  [REQUEST FOR ACCESS TO DATA.] (a) Upon request to 
        a responsible authority or designee, a person shall be permitted 
        to inspect and copy public government data at reasonable times 
        and places, and, upon request, shall be informed of the data's 
        meaning.  If a person requests access for the purpose of 
        inspection, the responsible authority may not assess a charge or 
        require the requesting person to pay a fee to inspect data.  
           (b) For purposes of this section, "inspection" includes, 
        but is not limited to, the visual inspection of paper and 
        similar types of government data.  Inspection does not include 
        printing copies by the government entity, unless printing a copy 
        is the only method to provide for inspection of the data.  In 
        the case of data stored in electronic form and made available in 
        electronic form on a remote access basis to the public by the 
        government entity, inspection includes remote access to the data 
        by the public and the ability to print copies of or download the 
        data on the public's own computer equipment.  Nothing in this 
        section prohibits a government entity from charging a reasonable 
        fee for remote access to data under a specific statutory grant 
        of authority.  A government entity may charge a fee for remote 
        access to data where either the data or the access is enhanced 
        at the request of the person seeking access. 
           (c) The responsible authority or designee shall provide 
        copies of public data upon request.  If a person requests copies 
        or electronic transmittal of the data to the person, the 
        responsible authority may require the requesting person to pay 
        the actual costs of searching for and retrieving government 
        data, including the cost of employee time, and for making, 
        certifying, compiling, and electronically transmitting the 
        copies of the data or the data, but may not charge for 
        separating public from not public data.  However, if 100 or 
        fewer pages of black and white, letter or legal size paper 
        copies are requested, actual costs shall not be used, and 
        instead, the responsible authority may charge no more than 25 
        cents for each page copied.  If the responsible authority or 
        designee is not able to provide copies at the time a request is 
        made, copies shall be supplied as soon as reasonably possible. 
           (d) When a request under this subdivision involves any 
        person's receipt of copies of public government data that has 
        commercial value and is a substantial and discrete portion of or 
        an entire formula, pattern, compilation, program, device, 
        method, technique, process, database, or system developed with a 
        significant expenditure of public funds by the agency government 
        entity, the responsible authority may charge a reasonable fee 
        for the information in addition to the costs of making, 
        certifying, and compiling the copies.  Any fee charged must be 
        clearly demonstrated by the agency government entity to relate 
        to the actual development costs of the information.  The 
        responsible authority, upon the request of any person, shall 
        provide sufficient documentation to explain and justify the fee 
        being charged.  
           (e) The responsible authority of a state agency, statewide 
        system, or political subdivision government entity that 
        maintains public government data in a computer storage medium 
        shall provide to any person making a request under this section 
        a copy of any public data contained in that medium, in 
        electronic form, if the government entity can reasonably make 
        the copy or have a copy made.  This does not require a 
        government entity to provide the data in an electronic format or 
        program that is different from the format or program in which 
        the data are maintained by the government entity.  The entity 
        may require the requesting person to pay the actual cost of 
        providing the copy.  
           (f) If the responsible authority or designee determines 
        that the requested data is classified so as to deny the 
        requesting person access, the responsible authority or designee 
        shall inform the requesting person of the determination either 
        orally at the time of the request, or in writing as soon after 
        that time as possible, and shall cite the specific statutory 
        section, temporary classification, or specific provision of 
        federal law on which the determination is based.  Upon the 
        request of any person denied access to data, the responsible 
        authority or designee shall certify in writing that the request 
        has been denied and cite the specific statutory section, 
        temporary classification, or specific provision of federal law 
        upon which the denial was based. 
           Sec. 9.  Minnesota Statutes 2004, 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 agency 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 agency 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 
        state agencies, political subdivisions, or statewide systems a 
        government entity by another state agency, political 
        subdivision, or statewide system government entity, the data 
        disseminated shall have the same classification in the hands of 
        the agency entity receiving it as it had in the hands of the 
        entity providing it. 
           (d) If a state agency, statewide system, or political 
        subdivision government entity disseminates data to another state 
        agency, statewide system, or political subdivision 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. 
           Sec. 10.  Minnesota Statutes 2004, section 13.03, 
        subdivision 5, is amended to read: 
           Subd. 5.  [COPYRIGHT OR PATENT OF GOVERNMENT DATA.] A state 
        agency, statewide system, or political subdivision government 
        entity may enforce a copyright or acquire a patent for a 
        computer software program or components of a program created by 
        that government agency entity without statutory authority.  In 
        the event that a government agency entity acquires a patent to a 
        computer software program or component of a program, the data 
        shall be treated as trade secret information pursuant to section 
        13.37. 
           Sec. 11.  Minnesota Statutes 2004, section 13.03, 
        subdivision 6, is amended to read: 
           Subd. 6.  [DISCOVERABILITY OF NOT PUBLIC DATA.] If a state 
        agency, political subdivision, or statewide system government 
        entity opposes discovery of government data or release of data 
        pursuant to court order on the grounds that the data are 
        classified as not public, the party that seeks access to the 
        data may bring before the appropriate presiding judicial 
        officer, arbitrator, or administrative law judge an action to 
        compel discovery or an action in the nature of an action to 
        compel discovery.  
           The presiding officer shall first decide whether the data 
        are discoverable or releasable pursuant to the rules of evidence 
        and of criminal, civil, or administrative procedure appropriate 
        to the action.  
           If the data are discoverable the presiding officer shall 
        decide whether the benefit to the party seeking access to the 
        data outweighs any harm to the confidentiality interests of the 
        agency entity maintaining the data, or of any person who has 
        provided the data or who is the subject of the data, or to the 
        privacy interest of an individual identified in the data.  In 
        making the decision, the presiding officer shall consider 
        whether notice to the subject of the data is warranted and, if 
        warranted, what type of notice must be given.  The presiding 
        officer may fashion and issue any protective orders necessary to 
        assure proper handling of the data by the parties.  If the data 
        are a videotape of a child victim or alleged victim alleging, 
        explaining, denying, or describing an act of physical or sexual 
        abuse, the presiding officer shall consider the provisions of 
        section 611A.90, subdivision 2, paragraph (b).  
           Sec. 12.  Minnesota Statutes 2004, section 13.03, 
        subdivision 8, is amended to read: 
           Subd. 8.  [CHANGE TO CLASSIFICATION OF DATA NOT ON 
        INDIVIDUALS.] Except for security information, nonpublic and 
        protected nonpublic data shall become public either ten years 
        after the creation of the data by the government agency entity 
        or ten years after the data was received or collected by any 
        governmental agency entity unless the responsible authority for 
        the originating or custodial agency entity for the data 
        reasonably determines that, if the data were made available to 
        the public or to the data subject, the harm to the public or to 
        a data subject would outweigh the benefit to the public or to 
        the data subject.  If the responsible authority denies access to 
        the data, the person denied access may challenge the denial by 
        bringing an action in district court seeking release of the 
        data.  The action shall be brought in the district court located 
        in the county where the data are being maintained, or, in the 
        case of data maintained by a state agency, in any county.  The 
        data in dispute shall be examined by the court in camera.  In 
        deciding whether or not to release the data, the court shall 
        consider the benefits and harms in the same manner as set forth 
        above.  The court shall make a written statement of findings in 
        support of its decision.  
           Sec. 13.  Minnesota Statutes 2004, section 13.04, 
        subdivision 2, is amended to read: 
           Subd. 2.  [INFORMATION REQUIRED TO BE GIVEN INDIVIDUAL.] An 
        individual asked to supply private or confidential data 
        concerning the individual shall be informed of:  (a) the purpose 
        and intended use of the requested data within the collecting 
        state agency, political subdivision, or statewide 
        system government entity; (b) whether the individual may refuse 
        or is legally required to supply the requested data; (c) any 
        known consequence arising from supplying or refusing to supply 
        private or confidential data; and (d) the identity of other 
        persons or entities authorized by state or federal law to 
        receive the data.  This requirement shall not apply when an 
        individual is asked to supply investigative data, pursuant to 
        section 13.82, subdivision 7, to a law enforcement officer. 
           Sec. 14.  Minnesota Statutes 2004, 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 state agency, political subdivision, or statewide 
        system without regard to the requirements of section 138.17. 
           After completing, correcting, or destroying successfully 
        challenged data, a state agency, political subdivision, or 
        statewide system 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. 15.  Minnesota Statutes 2004, section 13.05, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PUBLIC DOCUMENT OF DATA CATEGORIES.] The 
        responsible authority shall prepare a public document containing 
        the authority's name, title and address, and a description of 
        each category of record, file, or process relating to private or 
        confidential data on individuals maintained by the 
        authority's state agency, statewide system, or political 
        subdivision government entity.  Forms used to collect private 
        and confidential data shall be included in the public document.  
        Beginning August 1, 1977 and annually thereafter, the 
        responsible authority shall update the public document and make 
        any changes necessary to maintain the accuracy of the document.  
        The document shall be available from the responsible authority 
        to the public in accordance with the provisions of sections 
        13.03 and 15.17. 
           Sec. 16.  Minnesota Statutes 2004, section 13.05, 
        subdivision 4, is amended to read: 
           Subd. 4.  [LIMITATIONS ON COLLECTION AND USE OF DATA.] 
        Private or confidential data on an individual shall not be 
        collected, stored, used, or disseminated by political 
        subdivisions, statewide systems, or state agencies government 
        entities for any purposes other than those stated to the 
        individual at the time of collection in accordance with section 
        13.04, except as provided in this subdivision. 
           (a) Data collected prior to August 1, 1975, and which have 
        not been treated as public data, may be used, stored, and 
        disseminated for the purposes for which the data was originally 
        collected or for purposes which are specifically approved by the 
        commissioner as necessary to public health, safety, or welfare. 
           (b) Private or confidential data may be used and 
        disseminated to individuals or agencies entities specifically 
        authorized access to that data by state, local, or federal law 
        enacted or promulgated after the collection of the data. 
           (c) Private or confidential data may be used and 
        disseminated to individuals or agencies entities subsequent to 
        the collection of the data when the responsible authority 
        maintaining the data has requested approval for a new or 
        different use or dissemination of the data and that request has 
        been specifically approved by the commissioner as necessary to 
        carry out a function assigned by law. 
           (d) Private data may be used by and disseminated to any 
        person or agency entity if the individual subject or subjects of 
        the data have given their informed consent.  Whether a data 
        subject has given informed consent shall be determined by rules 
        of the commissioner.  The format for informed consent is as 
        follows, unless otherwise prescribed by the HIPAA, Standards for 
        Privacy of Individually Identifiable Health Information, 65 Fed. 
        Reg. 82, 461 (2000) (to be codified as Code of Federal 
        Regulations, title 45, section 164):  informed consent shall not 
        be deemed to have been given by an individual subject of the 
        data by the signing of any statement authorizing any person 
        or agency entity to disclose information about the individual to 
        an insurer or its authorized representative, unless the 
        statement is: 
           (1) in plain language; 
           (2) dated; 
           (3) specific in designating the particular persons or 
        agencies the data subject is authorizing to disclose information 
        about the data subject; 
           (4) specific as to the nature of the information the 
        subject is authorizing to be disclosed; 
           (5) specific as to the persons or agencies entities to whom 
        the subject is authorizing information to be disclosed; 
           (6) specific as to the purpose or purposes for which the 
        information may be used by any of the parties named in clause 
        (5), both at the time of the disclosure and at any time in the 
        future; 
           (7) specific as to its expiration date which should be 
        within a reasonable period of time, not to exceed one year 
        except in the case of authorizations given in connection with 
        applications for (i) life insurance or noncancelable or 
        guaranteed renewable health insurance and identified as such, 
        two years after the date of the policy or (ii) medical 
        assistance under chapter 256B or MinnesotaCare under chapter 
        256L, which shall be ongoing during all terms of eligibility, 
        for individual education plan health-related services provided 
        by a school district under section 125A.21, subdivision 2. 
           The responsible authority may require a person requesting 
        copies of data under this paragraph to pay the actual costs of 
        making, certifying, and compiling the copies. 
           (e) Private or confidential data on an individual may be 
        discussed at a meeting open to the public to the extent provided 
        in section 13D.05. 
           Sec. 17.  Minnesota Statutes 2004, section 13.05, 
        subdivision 6, is amended to read: 
           Subd. 6.  [CONTRACTS.] Except as provided in section 13.46, 
        subdivision 5, in any contract between a governmental 
        unit government entity subject to this chapter and any person, 
        when the contract requires that data on individuals be made 
        available to the contracting parties by the governmental unit 
        government entity, that data shall be administered consistent 
        with this chapter.  A contracting party shall maintain the data 
        on individuals which it received according to the statutory 
        provisions applicable to the data. 
           Sec. 18.  Minnesota Statutes 2004, section 13.05, 
        subdivision 7, is amended to read: 
           Subd. 7.  [PREPARATION OF SUMMARY DATA.] The use of summary 
        data derived from private or confidential data on individuals 
        under the jurisdiction of one or more responsible authorities is 
        permitted.  Unless classified pursuant to section 13.06, another 
        statute, or federal law, summary data is public.  The 
        responsible authority shall prepare summary data from private or 
        confidential data on individuals upon the request of any person 
        if the request is in writing and the cost of preparing the 
        summary data is borne by the requesting person.  The responsible 
        authority may delegate the power to prepare summary data (1) to 
        the administrative officer responsible for any central 
        repository of summary data; or (2) to a person outside of its 
        agency the entity if the person's purpose is set forth, in 
        writing, and the person agrees not to disclose, and the 
        agency entity reasonably determines that the access will not 
        compromise private or confidential data on individuals. 
           Sec. 19.  Minnesota Statutes 2004, section 13.05, 
        subdivision 8, is amended to read: 
           Subd. 8.  [PUBLICATION OF ACCESS PROCEDURES.] The 
        responsible authority shall prepare a public document setting 
        forth in writing the rights of the data subject pursuant to 
        section 13.04 and the specific procedures in effect in the state 
        agency, statewide system or political subdivision government 
        entity for access by the data subject to public or private data 
        on individuals.  
           Sec. 20.  Minnesota Statutes 2004, section 13.05, 
        subdivision 9, is amended to read: 
           Subd. 9.  [INTERGOVERNMENTAL ACCESS OF DATA.] A responsible 
        authority shall allow another responsible authority access to 
        data classified as not public only when the access is authorized 
        or required by statute or federal law.  An agency entity that 
        supplies government data under this subdivision may require the 
        requesting agency entity to pay the actual cost of supplying the 
        data.  
           Sec. 21.  [13.055] [STATE AGENCIES; DISCLOSURE OF BREACH IN 
        SECURITY.] 
           Subdivision 1.  [DEFINITIONS.] For purposes of this 
        section, the following terms have the meanings given to them. 
           (a) "Breach of the security of the data" means unauthorized 
        acquisition of data maintained by a state agency that 
        compromises the security and classification of the data.  Good 
        faith acquisition of government data by an employee, contractor, 
        or agent of a state agency for the purposes of the state agency 
        is not a breach of the security of the data, if the government 
        data is not provided to an unauthorized person. 
           (b) "Contact information" means either name and mailing 
        address or name and e-mail address for each individual who is 
        the subject of data maintained by the state agency. 
           (c) "Unauthorized acquisition" means that a person has 
        obtained government data without the informed consent of the 
        individuals who are the subjects of the data or statutory 
        authority and with the intent to use the data for 
        non-governmental purposes. 
           (d) "Unauthorized person" means any person who accesses 
        government data without permission or without a work assignment 
        that reasonably requires the person to have access to the data. 
           Subd. 2.  [NOTICE TO INDIVIDUALS.] A state agency that 
        collects, creates, receives, maintains or disseminates private 
        or confidential data on individuals must disclose any breach of 
        the security of the data following discovery or notification of 
        the breach.  Notification must be made to any individual who is 
        the subject of the data and whose private or confidential data 
        was, or is reasonably believed to have been, acquired by an 
        unauthorized person.  The disclosure must be made in the most 
        expedient time possible and without unreasonable delay, 
        consistent with (1) the legitimate needs of a law enforcement 
        agency as provided in subdivision 3; or (2) any measures 
        necessary to determine the scope of the breach and restore the 
        reasonable security of the data. 
           Subd. 3.  [DELAYED NOTICE.] The notification required by 
        this section may be delayed if a law enforcement agency 
        determines that the notification will impede an active criminal 
        investigation.  The notification required by this section must 
        be made after the law enforcement agency determines that it will 
        not compromise the investigation. 
           Subd. 4.  [METHOD OF NOTICE.] Notice under this section may 
        be provided by one of the following methods: 
           (a) written notice by first class mail to each affected 
        individual; 
           (b) electronic notice to each affected individual, if the 
        notice provided is consistent with the provisions regarding 
        electronic records and signatures as set forth in United States 
        Code, title 15, section 7001; or 
           (c) substitute notice, if the state agency demonstrates 
        that the cost of providing the written notice required by 
        paragraph (a) would exceed $250,000, or that the affected class 
        of individuals to be notified exceeds 500,000, or the state 
        agency does not have sufficient contact information.  Substitute 
        notice consists of all of the following: 
           (i) e-mail notice if the state agency has an e-mail address 
        for the affected individuals; 
           (ii) conspicuous posting of the notice on the Web site page 
        of the state agency, if the state agency maintains a Web site; 
        and 
           (iii) notification to major media outlets that reach the 
        general public. 
           Subd. 5.  [COORDINATION WITH CONSUMER REPORTING 
        AGENCIES.] If the state agency discovers circumstances requiring 
        notification under this section of more than 1,000 individuals 
        at one time, the state agency must also notify, without 
        unreasonable delay, all consumer reporting agencies that compile 
        and maintain files on consumers on a nationwide basis, as 
        defined in United States Code, title 15, section 1681a, of the 
        timing, distribution, and content of the notices. 
           Sec. 22.  Minnesota Statutes 2004, section 13.06, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [APPLICATION TO COMMISSIONER.] 
        Notwithstanding the provisions of section 13.03, the responsible 
        authority of a state agency, political subdivision, or statewide 
        system government entity may apply to the commissioner for 
        permission to classify data or types of data on individuals as 
        private or confidential, or data not on individuals as nonpublic 
        or protected nonpublic, for its own use and for the use of other 
        similar agencies, political subdivisions, or statewide 
        systems government entities on a temporary basis until a 
        proposed statute can be acted upon by the legislature.  The 
        application for temporary classification is public. 
           Upon the filing of an application for temporary 
        classification, the data which is the subject of the application 
        shall be deemed to be classified as set forth in the application 
        for a period of 45 days, or until the application is 
        disapproved, rejected, or granted by the commissioner, whichever 
        is earlier. 
           If the commissioner determines that an application has been 
        submitted for purposes not consistent with this section, the 
        commissioner may immediately reject the application, give notice 
        of that rejection to the applicant, and return the application. 
        When the applicant receives the notice of rejection from the 
        commissioner, the data which was the subject of the application 
        shall have the classification it had before the application was 
        submitted to the commissioner.  
           Sec. 23.  Minnesota Statutes 2004, section 13.06, 
        subdivision 2, is amended to read: 
           Subd. 2.  [CONTENTS OF APPLICATION FOR PRIVATE OR 
        CONFIDENTIAL DATA.] An application for temporary classification 
        of data on individuals shall include and the applicant shall 
        have the burden of clearly establishing that no statute 
        currently exists which either allows or forbids classification 
        as private or confidential; and either 
           (a) that data similar to that for which the temporary 
        classification is sought has been treated as either private or 
        confidential by other state agencies or political 
        subdivisions government entities, and by the public; or 
           (b) that a compelling need exists for immediate temporary 
        classification, which if not granted could adversely affect the 
        public interest or the health, safety, well being or reputation 
        of the data subject. 
           Sec. 24.  Minnesota Statutes 2004, section 13.06, 
        subdivision 3, is amended to read: 
           Subd. 3.  [CONTENTS OF APPLICATION FOR NONPUBLIC OR 
        NONPUBLIC PROTECTED DATA.] An application for temporary 
        classification of government data not on individuals shall 
        include and the applicant shall have the burden of clearly 
        establishing that no statute currently exists which either 
        allows or forbids classification as nonpublic or protected 
        nonpublic; and either 
           (a) that data similar to that for which the temporary 
        classification is sought has been treated as nonpublic or 
        protected nonpublic by other state agencies or political 
        subdivisions government entities, and by the public; or 
           (b) public access to the data would render unworkable a 
        program authorized by law; or 
           (c) that a compelling need exists for immediate temporary 
        classification, which if not granted could adversely affect the 
        health, safety or welfare of the public. 
           Sec. 25.  Minnesota Statutes 2004, section 13.06, 
        subdivision 4, is amended to read: 
           Subd. 4.  [PROCEDURE WHEN CLASSIFICATION AFFECTS OTHERS.] 
        If the commissioner determines that an application for temporary 
        classification involves data which would reasonably be 
        classified in the same manner by all agencies, political 
        subdivisions, or statewide systems government entities similar 
        to the one which made the application, the commissioner may 
        approve or disapprove the classification for data of the kind 
        which is the subject of the application for the use of 
        all agencies, political subdivisions, or statewide 
        systems government entities similar to the applicant.  On 
        deeming this approach advisable, the commissioner shall provide 
        notice of the proposed action by publication in the State 
        Register within ten days of receiving the application.  Within 
        30 days after publication in the State Register an 
        affected agency, political subdivision, government entity or the 
        public, or statewide system may submit comments on the 
        commissioner's proposal.  The commissioner shall consider any 
        comments received when granting or denying a classification for 
        data of the kind which is the subject of the application, for 
        the use of all agencies, political subdivisions, or statewide 
        systems government entities similar to the applicant.  Within 45 
        days after the close of the period for submitting comment, the 
        commissioner shall grant or disapprove the application.  
        Applications processed under this subdivision shall be either 
        approved or disapproved by the commissioner within 90 days of 
        the receipt of the application.  For purposes of subdivision 1, 
        the data which is the subject of the classification shall be 
        deemed to be classified as set forth in the application for a 
        period of 90 days, or until the application is disapproved or 
        granted by the commissioner, whichever is earlier.  If requested 
        in the application, or determined to be necessary by the 
        commissioner, the data in the application shall be so classified 
        for all agencies, political subdivisions, or statewide 
        systems government entities similar to the applicant until the 
        application is disapproved or granted by the commissioner, 
        whichever is earlier.  Proceedings after the grant or 
        disapproval shall be governed by the provisions of subdivision 5.
           Sec. 26.  Minnesota Statutes 2004, section 13.07, is 
        amended to read: 
           13.07 [DUTIES OF THE COMMISSIONER.] 
           The commissioner shall promulgate rules, in accordance with 
        the rulemaking procedures in the Administrative Procedure Act 
        which shall apply to state agencies, statewide systems and 
        political subdivisions government entities to implement the 
        enforcement and administration of this chapter.  The rules shall 
        not affect section 13.04, relating to rights of subjects of 
        data.  Prior to the adoption of rules authorized by this section 
        the commissioner shall give notice to all state agencies and 
        political subdivisions in the same manner and in addition to 
        other parties as required by section 14.06 of the date and place 
        of hearing, enclosing a copy of the rules to be adopted. 
           Sec. 27.  Minnesota Statutes 2004, section 13.072, 
        subdivision 4, is amended to read: 
           Subd. 4.  [DATA SUBMITTED TO COMMISSIONER.] A state agency, 
        statewide system, or political subdivision government entity may 
        submit not public data to the commissioner for the purpose of 
        requesting or responding to a person's request for an opinion.  
        Government data submitted to the commissioner by a state agency, 
        statewide system, or political subdivision government entity or 
        copies of government data submitted by other persons have the 
        same classification as the data have when held by the state 
        agency, statewide system, or political subdivision government 
        entity.  If the nature of the opinion is such that the release 
        of the opinion would reveal not public data, the commissioner 
        may issue an opinion using pseudonyms for individuals.  Data 
        maintained by the commissioner, in the record of an opinion 
        issued using pseudonyms that would reveal the identities of 
        individuals protected by the use of the pseudonyms, are private 
        data on individuals. 
           Sec. 28.  Minnesota Statutes 2004, section 13.073, 
        subdivision 3, is amended to read: 
           Subd. 3.  [BASIC TRAINING.] The basic training component 
        should be designed to meet the basic information policy needs of 
        all government employees and public officials with a focus on 
        key data practices laws and procedures that apply to all 
        government entities.  The commissioner should design the basic 
        training component in a manner that minimizes duplication of the 
        effort and cost for government entities to provide basic 
        training.  The commissioner may develop general programs and 
        materials for basic training such as video presentations, data 
        practices booklets, and training guides.  The commissioner may 
        assist state and local government agencies entities in 
        developing training expertise within their own agencies entities 
        and offer assistance for periodic training sessions for this 
        purpose. 
           Sec. 29.  Minnesota Statutes 2004, section 13.08, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ACTION FOR DAMAGES.] Notwithstanding 
        section 466.03, a political subdivision, responsible authority, 
        statewide system, or state agency government entity which 
        violates any provision of this chapter is liable to a person or 
        representative of a decedent who suffers any damage as a result 
        of the violation, and the person damaged or a representative in 
        the case of private data on decedents or confidential data on 
        decedents may bring an action against the political subdivision, 
        responsible authority, statewide system or state agency 
        government entity to cover any damages sustained, plus costs and 
        reasonable attorney fees.  In the case of a willful violation, 
        the political subdivision, statewide system or state 
        agency government entity shall, in addition, be liable to 
        exemplary damages of not less than $100, nor more than $10,000 
        for each violation.  The state is deemed to have waived any 
        immunity to a cause of action brought under this chapter. 
           Sec. 30.  Minnesota Statutes 2004, section 13.08, 
        subdivision 2, is amended to read: 
           Subd. 2.  [INJUNCTION.] A political subdivision, 
        responsible authority, statewide system or state agency 
        government entity which violates or proposes to violate this 
        chapter may be enjoined by the district court.  The court may 
        make any order or judgment as may be necessary to prevent the 
        use or employment by any person of any practices which violate 
        this chapter. 
           Sec. 31.  Minnesota Statutes 2004, section 13.08, 
        subdivision 5, is amended to read: 
           Subd. 5.  [IMMUNITY FROM LIABILITY.] A state agency, 
        statewide system, political subdivision, government entity or 
        person that releases not public data pursuant to an order under 
        section 13.03, subdivision 6 is immune from civil and criminal 
        liability.  
           Sec. 32.  Minnesota Statutes 2004, section 13.32, is 
        amended by adding a subdivision to read: 
           Subd. 10.  [EDUCATION RECORDS; CHILD WITH DISABILITY.] 
        Nothing in this chapter shall be construed as limiting the 
        frequency of inspection of the educational records of a child 
        with a disability by the child's parent or guardian or by the 
        child upon the child reaching the age of majority.  An agency or 
        institution may not charge a fee to search for or to retrieve 
        the educational records.  An agency or institution that receives 
        a request for copies of the educational records of a child with 
        a disability may charge a fee that reflects the costs of 
        reproducing the records except when to do so would impair the 
        ability of the child's parent or guardian, or the child who has 
        reached the age of majority, to exercise their right to inspect 
        and review those records. 
           Sec. 33.  Minnesota Statutes 2004, section 13.37, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] As used in this section, the 
        following terms have the meanings given them. 
           (a) "Security information" means government data the 
        disclosure of which would be likely to substantially jeopardize 
        the security of information, possessions, individuals or 
        property against theft, tampering, improper use, attempted 
        escape, illegal disclosure, trespass, or physical injury.  
        "Security information" includes crime prevention block maps and 
        lists of volunteers who participate in community crime 
        prevention programs and their home addresses and telephone 
        numbers. 
           (b) "Trade secret information" means government data, 
        including a formula, pattern, compilation, program, device, 
        method, technique or process (1) that was supplied by the 
        affected individual or organization, (2) that is the subject of 
        efforts by the individual or organization that are reasonable 
        under the circumstances to maintain its secrecy, and (3) that 
        derives independent economic value, actual or potential, from 
        not being generally known to, and not being readily 
        ascertainable by proper means by, other persons who can obtain 
        economic value from its disclosure or use. 
           (c) "Labor relations information" means management 
        positions on economic and noneconomic items that have not been 
        presented during the collective bargaining process or interest 
        arbitration, including information specifically collected or 
        created to prepare the management position. 
           (d) "Parking space leasing data" means the following 
        government data on an applicant for, or lessee of, a parking 
        space:  residence address, home telephone number, beginning and 
        ending work hours, place of employment, work telephone number, 
        and location of the parking space. 
           (e) "Internal competitive proposal" means a proposal to 
        provide government services that is prepared by the staff of a 
        political subdivision in competition with proposals solicited by 
        the political subdivision from the private sector. 
           Sec. 34.  Minnesota Statutes 2004, section 13.37, 
        subdivision 2, is amended to read: 
           Subd. 2.  [CLASSIFICATION.] The following government data 
        is classified as nonpublic data with regard to data not on 
        individuals, pursuant to section 13.02, subdivision 9, and as 
        private data with regard to data on individuals, pursuant to 
        section 13.02, subdivision 12:  Security information; trade 
        secret information; sealed absentee ballots prior to opening by 
        an election judge; sealed bids, including the number of bids 
        received, prior to the opening of the bids; internal competitive 
        proposals prior to the time specified by a political subdivision 
        for the receipt of private sector proposals for the services; 
        parking space leasing data; and labor relations information, 
        provided that specific labor relations information which relates 
        to a specific labor organization is classified as protected 
        nonpublic data pursuant to section 13.02, subdivision 13. 
           Sec. 35.  Minnesota Statutes 2004, section 13.37, 
        subdivision 3, is amended to read: 
           Subd. 3.  [DATA DISSEMINATION.] (a) Crime prevention block 
        maps and names, home addresses, and telephone numbers of 
        volunteers who participate in community crime prevention 
        programs may be disseminated to volunteers participating in 
        crime prevention programs.  The location of a National Night Out 
        event is public data.  
           (b) The responsible authority of a government entity in 
        consultation with the appropriate chief law enforcement officer, 
        emergency manager, or public health official, may make security 
        information accessible to any person, entity, or the public if 
        the government entity determines that the access will aid public 
        health, promote public safety, or assist law enforcement. 
           Sec. 36.  Minnesota Statutes 2004, section 13.3805, is 
        amended by adding a subdivision to read: 
           Subd. 3.  [OFFICE OF HEALTH FACILITY COMPLAINTS; 
        INVESTIGATIVE DATA.] Except for investigative data under section 
        626.556, all investigative data maintained by the Department of 
        Health's Office of Health Facility Complaints are subject to 
        provisions of and classified pursuant to section 626.557, 
        subdivision 12b, paragraphs (b) to (d).  Notwithstanding 
        sections 626.556, subdivision 11, and 626.557, subdivision 12b, 
        paragraph (b), data identifying an individual substantiated as 
        the perpetrator are public data.  For purposes of this 
        subdivision, an individual is substantiated as the perpetrator 
        if the commissioner of health determines that the individual is 
        the perpetrator and the determination of the commissioner is 
        upheld after the individual either exercises applicable 
        administrative appeal rights or fails to exercise these rights 
        within the time allowed by law. 
           Sec. 37.  Minnesota Statutes 2004, section 13.43, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITION.] As used in this section, 
        "personnel data" means data on individuals collected because the 
        individual is or was an employee of or an applicant for 
        employment by, performs services on a voluntary basis for, or 
        acts as an independent contractor with a state agency, statewide 
        system or political subdivision or is a member of or an 
        applicant for an advisory board or commission government entity. 
        Personnel data includes data submitted by an employee to a 
        government entity as part of an organized self-evaluation effort 
        by the government entity to request suggestions from all 
        employees on ways to cut costs, make government more efficient, 
        or improve the operation of government.  An employee who is 
        identified in a suggestion shall have access to all data in the 
        suggestion except the identity of the employee making the 
        suggestion. 
           Sec. 38.  Minnesota Statutes 2004, 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 state agency, statewide system, or political subdivision and 
        members of advisory boards or commissions 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 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. 39.  Minnesota Statutes 2004, section 13.43, 
        subdivision 3, is amended to read: 
           Subd. 3.  [APPLICANT DATA.] Except for applicants described 
        in subdivision 5, the following personnel data on current and 
        former applicants for employment by a state agency, statewide 
        system or political subdivision or appointment to an advisory 
        board or commission government entity is public:  veteran 
        status; relevant test scores; rank on eligible list; job 
        history; education and training; and work availability.  Names 
        of applicants shall be private data except when certified as 
        eligible for appointment to a vacancy or when applicants are 
        considered by the appointing authority to be finalists for a 
        position in public employment.  For purposes of this 
        subdivision, "finalist" means an individual who is selected to 
        be interviewed by the appointing authority prior to selection.  
        Names and home addresses of applicants for appointment to and 
        members of an advisory board or commission are public. 
           Sec. 40.  Minnesota Statutes 2004, section 13.46, 
        subdivision 4, is amended to read: 
           Subd. 4.  [LICENSING DATA.] (a) As used in this subdivision:
           (1) "licensing data" means all data collected, maintained, 
        used, or disseminated by the welfare system pertaining to 
        persons licensed or registered or who apply for licensure or 
        registration or who formerly were licensed or registered under 
        the authority of the commissioner of human services; 
           (2) "client" means a person who is receiving services from 
        a licensee or from an applicant for licensure; and 
           (3) "personal and personal financial data" means Social 
        Security numbers, identity of and letters of reference, 
        insurance information, reports from the Bureau of Criminal 
        Apprehension, health examination reports, and social/home 
        studies. 
           (b)(1) Except as provided in paragraph (c), the following 
        data on current and former licensees are public:  name, address, 
        telephone number of licensees, date of receipt of a completed 
        application, dates of licensure, licensed capacity, type of 
        client preferred, variances granted, record of training and 
        education in child care and child development, type of dwelling, 
        name and relationship of other family members, previous license 
        history, class of license, and the existence and status of 
        complaints, and the number of serious injuries to or deaths of 
        individuals in the licensed program as reported to the 
        commissioner of human services, the local social services 
        agency, or any other county welfare agency.  For purposes of 
        this clause, a serious injury is one that is treated by a 
        physician.  When a correction order or fine has been issued, a 
        license is suspended, immediately suspended, revoked, denied, or 
        made conditional, or a complaint is resolved, the following data 
        on current and former licensees are public:  the substance and 
        investigative findings of the licensing or maltreatment 
        complaint, licensing violation, or substantiated maltreatment; 
        the record of informal resolution of a licensing violation; 
        orders of hearing; findings of fact; conclusions of law; 
        specifications of the final correction order, fine, suspension, 
        immediate suspension, revocation, denial, or conditional license 
        contained in the record of licensing action; and the status of 
        any appeal of these actions.  When an individual licensee is a 
        substantiated perpetrator of maltreatment, and the substantiated 
        maltreatment is a reason for the licensing action, the identity 
        of the licensee as a perpetrator is public data.  For purposes 
        of this clause, a person is a substantiated perpetrator if the 
        maltreatment determination has been upheld under section 
        626.556, subdivision 10i, 626.557, subdivision 9d, or 256.045, 
        or an individual or facility has not timely exercised appeal 
        rights under these sections. 
           (2) Notwithstanding sections 626.556, subdivision 11, and 
        626.557, subdivision 12b, when any person subject to 
        disqualification under section 245C.14 in connection with a 
        license to provide family day care for children, child care 
        center services, foster care for children in the provider's 
        home, or foster care or day care services for adults in the 
        provider's home is a substantiated perpetrator of maltreatment, 
        and the substantiated maltreatment is a reason for a licensing 
        action, the identity of the substantiated perpetrator of 
        maltreatment is public data.  For purposes of this clause, a 
        person is a substantiated perpetrator if the maltreatment 
        determination has been upheld under section 256.045; 626.556, 
        subdivision 10i; 626.557, subdivision 9d; or chapter 14, or if 
        an individual or facility has not timely exercised appeal rights 
        under these sections. 
           (2) (3) For applicants who withdraw their application prior 
        to licensure or denial of a license, the following data are 
        public:  the name of the applicant, the city and county in which 
        the applicant was seeking licensure, the dates of the 
        commissioner's receipt of the initial application and completed 
        application, the type of license sought, and the date of 
        withdrawal of the application. 
           (3) (4) For applicants who are denied a license, the 
        following data are public:  the name of the applicant, the city 
        and county in which the applicant was seeking licensure, the 
        dates of the commissioner's receipt of the initial application 
        and completed application, the type of license sought, the date 
        of denial of the application, the nature of the basis for the 
        denial, and the status of any appeal of the denial. 
           (4) (5) The following data on persons subject to 
        disqualification under section 245C.14 in connection with a 
        license to provide family day care for children, child care 
        center services, foster care for children in the provider's 
        home, or foster care or day care services for adults in the 
        provider's home, are public:  the nature of any disqualification 
        set aside under section 245C.22, subdivisions 2 and 4, and the 
        reasons for setting aside the disqualification; the nature of 
        any disqualification for which a variance was granted under 
        sections 245A.04, subdivision 9; and 245C.30, and the reasons 
        for granting any variance under section 245A.04, subdivision 9; 
        and, if applicable, the disclosure that any person subject to a 
        background study under section 245C.03, subdivision 1, has 
        successfully passed a background study. 
           (5) (6) When maltreatment is substantiated under section 
        626.556 or 626.557 and the victim and the substantiated 
        perpetrator are affiliated with a program licensed under chapter 
        245A, the commissioner of human services, local social services 
        agency, or county welfare agency may inform the license holder 
        where the maltreatment occurred of the identity of the 
        substantiated perpetrator and the victim. 
           (c) The following are private data on individuals under 
        section 13.02, subdivision 12, or nonpublic data under section 
        13.02, subdivision 9:  personal and personal financial data on 
        family day care program and family foster care program 
        applicants and licensees and their family members who provide 
        services under the license. 
           (d) The following are private data on individuals:  the 
        identity of persons who have made reports concerning licensees 
        or applicants that appear in inactive investigative data, and 
        the records of clients or employees of the licensee or applicant 
        for licensure whose records are received by the licensing agency 
        for purposes of review or in anticipation of a contested 
        matter.  The names of reporters under sections 626.556 and 
        626.557 may be disclosed only as provided in section 626.556, 
        subdivision 11, or 626.557, subdivision 12b. 
           (e) Data classified as private, confidential, nonpublic, or 
        protected nonpublic under this subdivision become public data if 
        submitted to a court or administrative law judge as part of a 
        disciplinary proceeding in which there is a public hearing 
        concerning a license which has been suspended, immediately 
        suspended, revoked, or denied. 
           (f) Data generated in the course of licensing 
        investigations that relate to an alleged violation of law are 
        investigative data under subdivision 3. 
           (g) Data that are not public data collected, maintained, 
        used, or disseminated under this subdivision that relate to or 
        are derived from a report as defined in section 626.556, 
        subdivision 2, or 626.5572, subdivision 18, are subject to the 
        destruction provisions of sections 626.556, subdivision 11c, and 
        626.557, subdivision 12b.  
           (h) Upon request, not public data collected, maintained, 
        used, or disseminated under this subdivision that relate to or 
        are derived from a report of substantiated maltreatment as 
        defined in section 626.556 or 626.557 may be exchanged with the 
        Department of Health for purposes of completing background 
        studies pursuant to section 144.057 and with the Department of 
        Corrections for purposes of completing background studies 
        pursuant to section 241.021. 
           (i) Data on individuals collected according to licensing 
        activities under chapters 245A and 245C, and data on individuals 
        collected by the commissioner of human services according to 
        maltreatment investigations under sections 626.556 and 626.557, 
        may be shared with the Department of Human Rights, the 
        Department of Health, the Department of Corrections, the 
        Ombudsman for Mental Health and Retardation, and the 
        individual's professional regulatory board when there is reason 
        to believe that laws or standards under the jurisdiction of 
        those agencies may have been violated. 
           (j) In addition to the notice of determinations required 
        under section 626.556, subdivision 10f, if the commissioner or 
        the local social services agency has determined that an 
        individual is a substantiated perpetrator of maltreatment of a 
        child based on sexual abuse, as defined in section 626.556, 
        subdivision 2, and the commissioner or local social services 
        agency knows that the individual is a person responsible for a 
        child's care in another facility, the commissioner or local 
        social services agency shall notify the head of that facility of 
        this determination.  The notification must include an 
        explanation of the individual's available appeal rights and the 
        status of any appeal.  If a notice is given under this 
        paragraph, the government entity making the notification shall 
        provide a copy of the notice to the individual who is the 
        subject of the notice. 
           Sec. 41.  Minnesota Statutes 2004, section 13.591, is 
        amended by adding a subdivision 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 state agency asks employees of other state 
        agencies to assist with the selection of the responses to a 
        request for bid or the evaluation of responses to a request for 
        proposal, the state agency 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. 42.  Minnesota Statutes 2004, section 13.591, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [INTERNAL COMPETITIVE RESPONSE.] (a) For purposes 
        of this subdivision, "internal competitive response" means a bid 
        or proposal to provide government goods or services that is 
        prepared by the staff of a government entity in competition with 
        bids or proposals solicited by (1) the same government entity 
        from the private sector or (2) a different government entity 
        from the private sector. 
           (b) Data in an internal competitive response is classified 
        as private or nonpublic 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. 
           Sec. 43.  Minnesota Statutes 2004, section 13.601, is 
        amended by adding a subdivision to read: 
           Subd. 3.  [APPLICANTS FOR ELECTION OR APPOINTMENT.] The 
        following data on all applicants for election or appointment to 
        a public body, including those subject to chapter 13D, are 
        public:  name, city of residence, education and training, 
        employment history, volunteer work, awards and honors, and prior 
        government service or experience. 
           Sec. 44.  Minnesota Statutes 2004, section 13.635, is 
        amended by adding a subdivision to read: 
           Subd. 1a.  [STATE BOARD OF INVESTMENT.] Certain government 
        data of the State Board of Investment related to investments are 
        classified under section 11A.24, subdivision 6. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 45.  Minnesota Statutes 2004, section 13.643, is 
        amended by adding a subdivision to read: 
           Subd. 6.  [ANIMAL PREMISE DATA.] (a) The following data 
        collected and maintained by the Board of Animal Health related 
        to registration and identification of premises and animals under 
        chapter 35, are classified as private or nonpublic: 
           (1) the names and addresses; 
           (2) the location of the premises where animals are kept; 
        and 
           (3) the identification number of the premises or the animal.
           (b) The Board of Animal Health may disclose data collected 
        under paragraph (a) to any person, agency, or to the public if 
        the board determines that the access will aid in the law 
        enforcement process or the protection of public or animal health 
        or safety. 
           Sec. 46.  Minnesota Statutes 2004, section 13.72, is 
        amended by adding a subdivision to read: 
           Subd. 11.  [DESIGN-BUILD TRANSPORTATION PROJECT.] When the 
        Department of Transportation undertakes a design-build 
        transportation project as defined in section 161.3410, 
        subdivision 6, the statement of qualification evaluation 
        criteria and scoring methodology, statement of qualification 
        evaluations, technical proposal evaluation criteria and scoring 
        methodology, and technical proposal evaluations are classified 
        as protected nonpublic data with regard to data not on 
        individuals and as confidential data on individuals.  The 
        statement of qualification evaluation criteria and scoring 
        methodology and statement of qualification evaluations are 
        public when the Department of Transportation announces the short 
        list of qualified contractors.  The technical proposal 
        evaluation criteria, scoring methodology, and technical proposal 
        evaluations are public when the project is awarded.  
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 47.  Minnesota Statutes 2004, section 13.72, is 
        amended by adding a subdivision to read: 
           Subd. 13.  [TRANSPORTATION DEPARTMENT DATA.] When the 
        commissioner of transportation determines that the design-build 
        best value method of project delivery is appropriate for a 
        project under sections 161.3410 to 161.3428, relocation reports, 
        planimetric files, digital terrain models, preliminary design 
        drawings, commissioner's orders, requests for proposals, and 
        requests for qualifications are classified as protected 
        nonpublic data with regard to data not on individuals and 
        confidential data on individuals until the department publishes 
        the data as part of the request for proposal process.  The 
        commissioner may release design-build data to land owners, 
        counties, cities, and other parties under contract to a 
        government entity as necessary to facilitate project 
        development.  The released data retain their classification as 
        protected nonpublic data with regard to data not on individuals 
        and confidential data on individuals as provided by section 
        13.03, subdivision 4, paragraph (c), until the department 
        publishes the data as part of the request for proposal process.  
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 48.  Minnesota Statutes 2004, section 13.72, is 
        amended by adding a subdivision to read: 
           Subd. 14.  [ACCOUNT DATA.] The following data pertaining to 
        applicants for or users of toll facilities, and high-occupancy 
        vehicle lanes for which a user fee is charged under section 
        169.03, are classified as nonpublic data with regard to data not 
        on individuals and as private data with regard to data on 
        individuals:  data contained in applications for the purchase, 
        lease, or rental of a device such as an electronic vehicle 
        transponder which automatically assesses charges for a vehicle's 
        use of toll roads; personal and vehicle identification data; 
        financial and credit data; and toll road usage data.  Nothing in 
        this subdivision prohibits the production of summary data as 
        defined in section 13.02, subdivision 19. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 49.  Minnesota Statutes 2004, section 13.82, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [APPLICATION.] This section shall apply to 
        agencies which carry on a law enforcement function, including 
        but not limited to municipal police departments, county sheriff 
        departments, fire departments, the Bureau of Criminal 
        Apprehension, the Minnesota State Patrol, the Board of Peace 
        Officer Standards and Training, the Division of Insurance Fraud 
        Prevention in the Department of Commerce, and the program 
        integrity section of, and county human service agency client and 
        provider fraud prevention and control units operated or 
        supervised by the Department of Human Services. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 50.  Minnesota Statutes 2004, section 13.82, 
        subdivision 16, is amended to read: 
           Subd. 16.  [PUBLIC ACCESS.] When data is classified as 
        public under this section, a law enforcement agency shall not be 
        required to make the actual physical data available to the 
        public if it is not administratively feasible to segregate the 
        public data from the confidential not public.  However, the 
        agency must make the information described as public data 
        available to the public in a reasonable manner.  When 
        investigative data becomes inactive, as described in subdivision 
        7, the actual physical data associated with that investigation, 
        including the public data, shall be available for public access. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 51.  Minnesota Statutes 2004, section 16C.06, 
        subdivision 5, is amended to read: 
           Subd. 5.  [STATE AS RESPONDER.] The head of an agency, in 
        consultation with the requesting agency and the commissioner, 
        may respond to a solicitation or request if the goods and 
        services meet the needs of the requesting agency and provide the 
        state with the best value.  When an agency responds to a 
        solicitation, all work product relating to the response is 
        nonpublic data as defined in section 13.02, and shall become 
        public information in accordance with subdivision 3 classified 
        by section 13.591, subdivision 4. 
           Sec. 52.  [41A.0235] [BOARD MEETINGS BY TELEPHONE OR OTHER 
        ELECTRONIC MEANS.] 
           (a) If compliance with section 13D.02 is impractical, the 
        Minnesota Agricultural and Economic Development Board may 
        conduct a meeting of its members by telephone or other 
        electronic means so long as the following conditions are met:  
           (1) all members of the board participating in the meeting, 
        wherever their physical location, can hear one another and can 
        hear all discussion and testimony; 
           (2) members of the public present at the regular meeting 
        location of the board can hear clearly all discussion and 
        testimony and all votes of members of the board and, if needed, 
        receive those services required by sections 15.44 and 15.441; 
           (3) at least one member of the board is physically present 
        at the regular meeting location; and 
           (4) all votes are conducted by roll call, so each member's 
        vote on each issue can be identified and recorded.  
           (b) Each member of the board participating in a meeting by 
        telephone or other electronic means is considered present at the 
        meeting for purposes of determining a quorum and participating 
        in all proceedings.  
           (c) If telephone or other electronic means is used to 
        conduct a meeting, the board, to the extent practical, shall 
        allow a person to monitor the meeting electronically from a 
        remote location.  The board may require the person making such a 
        connection to pay for documented marginal costs that the board 
        incurs as a result of the additional connection.  
           (d) If telephone or other electronic means is used to 
        conduct a regular, special, or emergency meeting, the board 
        shall provide notice of the regular meeting location, of the 
        fact that some members may participate by telephone or other 
        electronic means, and of the provisions of paragraph (c).  The 
        timing and method of providing notice is governed by section 
        13D.04. 
           Sec. 53.  Minnesota Statutes 2004, section 116J.68, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [ADVISORY BOARD MEETINGS.] (a) If compliance with 
        section 13D.02 is impractical, the Small Business Development 
        Center Advisory Board, created pursuant to United State Code, 
        title 15, section 648, may conduct a meeting of its members by 
        telephone or other electronic means so long as the following 
        conditions are met:  
           (1) all members of the board participating in the meeting, 
        wherever their physical location, can hear one another and can 
        hear all discussion and testimony; 
           (2) members of the public present at the regular meeting 
        location of the board can hear clearly all discussion and 
        testimony and all votes of members of the board and, if needed, 
        receive those services required by sections 15.44 and 15.441; 
           (3) at least one member of the board is physically present 
        at the regular meeting location; and 
           (4) all votes are conducted by roll call, so each member's 
        vote on each issue can be identified and recorded.  
           (b) Each member of the board participating in a meeting by 
        telephone or other electronic means is considered present at the 
        meeting for purposes of determining a quorum and participating 
        in all proceedings.  
           (c) If telephone or other electronic means is used to 
        conduct a meeting, the board, to the extent practical, shall 
        allow a person to monitor the meeting electronically from a 
        remote location.  The board may require the person making such a 
        connection to pay for documented marginal costs that the board 
        incurs as a result of the additional connection.  
           (d) If telephone or other electronic means is used to 
        conduct a regular, special, or emergency meeting, the board 
        shall provide notice of the regular meeting location, of the 
        fact that some members may participate by telephone or other 
        electronic means, and of the provisions of paragraph (c).  The 
        timing and method of providing notice is governed by section 
        13D.04. 
           Sec. 54.  Minnesota Statutes 2004, section 116L.03, is 
        amended by adding a subdivision to read: 
           Subd. 8.  [BOARD MEETINGS.] (a) If compliance with section 
        13D.02 is impractical, the Minnesota Job Skills Partnership 
        Board may conduct a meeting of its members by telephone or other 
        electronic means so long as the following conditions are met:  
           (1) all members of the board participating in the meeting, 
        wherever their physical location, can hear one another and can 
        hear all discussion and testimony; 
           (2) members of the public present at the regular meeting 
        location of the board can hear clearly all discussion and 
        testimony and all votes of members of the board and, if needed, 
        receive those services required by sections 15.44 and 15.441; 
           (3) at least one member of the board is physically present 
        at the regular meeting location; and 
           (4) all votes are conducted by roll call, so each member's 
        vote on each issue can be identified and recorded.  
           (b) Each member of the board participating in a meeting by 
        telephone or other electronic means is considered present at the 
        meeting for purposes of determining a quorum and participating 
        in all proceedings.  
           (c) If telephone or other electronic means is used to 
        conduct a meeting, the board, to the extent practical, shall 
        allow a person to monitor the meeting electronically from a 
        remote location.  The board may require the person making such a 
        connection to pay for documented marginal costs that the board 
        incurs as a result of the additional connection.  
           (d) If telephone or other electronic means is used to 
        conduct a regular, special, or emergency meeting, the board 
        shall provide notice of the regular meeting location, of the 
        fact that some members may participate by telephone or other 
        electronic means, and of the provisions of paragraph (c).  The 
        timing and method of providing notice is governed by section 
        13D.04. 
           Sec. 55.  Minnesota Statutes 2004, section 116L.665, is 
        amended by adding a subdivision to read: 
           Subd. 2a.  [COUNCIL MEETINGS.] (a) If compliance with 
        section 13D.02 is impractical, the Governor's Workforce 
        Development Council may conduct a meeting of its members by 
        telephone or other electronic means so long as the following 
        conditions are met:  
           (1) all members of the council participating in the 
        meeting, wherever their physical location, can hear one another 
        and can hear all discussion and testimony; 
           (2) members of the public present at the regular meeting 
        location of the council can hear clearly all discussion and 
        testimony and all votes of members of the council and, if 
        needed, receive those services required by sections 15.44 and 
        15.441; 
           (3) at least one member of the council is physically 
        present at the regular meeting location; and 
           (4) all votes are conducted by roll call, so each member's 
        vote on each issue can be identified and recorded.  
           (b) Each member of the council participating in a meeting 
        by telephone or other electronic means is considered present at 
        the meeting for purposes of determining a quorum and 
        participating in all proceedings.  
           (c) If telephone or other electronic means is used to 
        conduct a meeting, the council, to the extent practical, shall 
        allow a person to monitor the meeting electronically from a 
        remote location.  The council may require the person making such 
        a connection to pay for documented marginal costs that the 
        council incurs as a result of the additional connection.  
           (d) If telephone or other electronic means is used to 
        conduct a regular, special, or emergency meeting, the council 
        shall provide notice of the regular meeting location, of the 
        fact that some members may participate by telephone or other 
        electronic means, and of the provisions of paragraph (c).  The 
        timing and method of providing notice is governed by section 
        13D.04. 
           Sec. 56.  Minnesota Statutes 2004, section 116M.15, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [BOARD MEETING.] (a) If compliance with section 
        13D.02 is impractical, the Urban Initiative Board may conduct a 
        meeting of its members by telephone or other electronic means so 
        long as the following conditions are met:  
           (1) all members of the board participating in the meeting, 
        wherever their physical location, can hear one another and can 
        hear all discussion and testimony; 
           (2) members of the public present at the regular meeting 
        location of the board can hear clearly all discussion and 
        testimony and all votes of members of the board and, if needed, 
        receive those services required by sections 15.44 and 15.441; 
           (3) at least one member of the board is physically present 
        at the regular meeting location; and 
           (4) all votes are conducted by roll call, so each member's 
        vote on each issue can be identified and recorded.  
           (b) Each member of the board participating in a meeting by 
        telephone or other electronic means is considered present at the 
        meeting for purposes of determining a quorum and participating 
        in all proceedings.  
           (c) If telephone or other electronic means is used to 
        conduct a meeting, the board, to the extent practical, shall 
        allow a person to monitor the meeting electronically from a 
        remote location.  The board may require the person making such a 
        connection to pay for documented marginal costs that the board 
        incurs as a result of the additional connection.  
           (d) If telephone or other electronic means is used to 
        conduct a regular, special, or emergency meeting, the board 
        shall provide notice of the regular meeting location, of the 
        fact that some members may participate by telephone or other 
        electronic means, and of the provisions of paragraph (c).  The 
        timing and method of providing notice is governed by section 
        13D.04. 
           Sec. 57.  Minnesota Statutes 2004, section 116U.25, is 
        amended to read: 
           116U.25 [EXPLORE MINNESOTA TOURISM COUNCIL.] 
           (a) The director shall be advised by the Explore Minnesota 
        Tourism Council consisting of up to 28 voting members appointed 
        by the governor for four-year terms, including: 
           (1) the director of Explore Minnesota Tourism who serves as 
        the chair; 
           (2) eleven representatives of statewide associations 
        representing bed and breakfast establishments, golf, festivals 
        and events, counties, convention and visitor bureaus, lodging, 
        resorts, trails, campgrounds, restaurants, and chambers of 
        commerce; 
           (3) one representative from each of the four tourism 
        marketing regions of the state as designated by the office; 
           (4) six representatives of the tourism business 
        representing transportation, retail, travel agencies, tour 
        operators, travel media, and convention facilities; 
           (5) one or more ex-officio nonvoting members including at 
        least one from the University of Minnesota Tourism Center; 
           (6) four legislators, two from each house, one each from 
        the two largest political party caucuses in each house, 
        appointed according to the rules of the respective houses; and 
           (7) other persons, if any, as designated from time to time 
        by the governor. 
           (b) The council shall act to serve the broader interests of 
        tourism in Minnesota by promoting activities that support, 
        maintain, and expand the state's domestic and international 
        travel market, thereby generating increased visitor 
        expenditures, tax revenue, and employment. 
           (c) Filling of membership vacancies is as provided in 
        section 15.059.  The terms of one-half of the members shall be 
        coterminous with the governor and the terms of the remaining 
        one-half of the members shall end on the first Monday in January 
        one year after the terms of the other members.  Members may 
        serve until their successors are appointed and qualify.  Members 
        are not compensated.  A member may be reappointed. 
           (d) The council shall meet at least four times per year and 
        at other times determined by the council.  Notwithstanding 
        section 15.059, the council does not expire. 
           (e) If compliance with section 13D.02 is impractical, the 
        Explore Minnesota Tourism Council may conduct a meeting of its 
        members by telephone or other electronic means so long as the 
        following conditions are met:  
           (1) all members of the council participating in the 
        meeting, wherever their physical location, can hear one another 
        and can hear all discussion and testimony; 
           (2) members of the public present at the regular meeting 
        location of the council can hear clearly all discussion and 
        testimony and all votes of members of the council and, if 
        needed, receive those services required by sections 15.44 and 
        15.441; 
           (3) at least one member of the council is physically 
        present at the regular meeting location; and 
           (4) all votes are conducted by roll call, so each member's 
        vote on each issue can be identified and recorded.  
           (f) Each member of the council participating in a meeting 
        by telephone or other electronic means is considered present at 
        the meeting for purposes of determining a quorum and 
        participating in all proceedings.  
           (g) If telephone or other electronic means is used to 
        conduct a meeting, the council, to the extent practical, shall 
        allow a person to monitor the meeting electronically from a 
        remote location.  The council may require the person making such 
        a connection to pay for documented marginal costs that the 
        council incurs as a result of the additional connection.  
           (h) If telephone or other electronic means is used to 
        conduct a regular, special, or emergency meeting, the council 
        shall provide notice of the regular meeting location, of the 
        fact that some members may participate by telephone or other 
        electronic means, and of the provisions of paragraph (g).  The 
        timing and method of providing notice is governed by section 
        13D.04. 
           Sec. 58.  Minnesota Statutes 2004, section 168.346, is 
        amended to read: 
           168.346 [PRIVACY OF NAME OR RESIDENCE ADDRESS PERSONAL 
        INFORMATION.] 
           (a) The registered owner of a motor vehicle may request in 
        writing that the owner's residence address or name and residence 
        address be classified as private data on individuals, as defined 
        in section 13.02, subdivision 12.  The commissioner shall grant 
        the classification upon receipt of a signed statement by the 
        owner that the classification is required for the safety of the 
        owner or the owner's family, if the statement also provides a 
        valid, existing address where the owner consents to receive 
        service of process.  The commissioner shall use the mailing 
        address in place of the residence address in all documents and 
        notices pertaining to the motor vehicle.  The residence address 
        or name and residence address and any information provided in 
        the classification request, other than the mailing address, are 
        private data on individuals and may be provided to requesting 
        law enforcement agencies, probation and parole agencies, and 
        public authorities, as defined in section 518.54, subdivision 
        9.  Subdivision 1.  [VEHICLE REGISTRATION DATA; FEDERAL 
        COMPLIANCE.] (a) Data on an individual provided to register a 
        vehicle shall be treated as provided by United States Code, 
        title 18, section 2721, as in effect on May 23, 2005, and shall 
        be disclosed as required or permitted by that section. 
           (b) An individual The registered owner of a motor vehicle 
        must be informed in a clear and conspicuous manner on the forms 
        for issuance or renewal of titles and registrations, that the 
        owner's personal information who is an individual may be 
        disclosed consent in writing to the commissioner to disclose the 
        individual's personal information exempted by United States 
        Code, title 18, section 2721, to any person who makes a written 
        request for the personal information, and that, except for uses 
        permitted by United States Code, title 18, section 2721, 
        subsection (b),.  If the registered owner may prohibit 
        disclosure of the personal information by so indicating on the 
        form is an individual and so authorizes disclosure, the 
        commissioner shall implement the request.  For purposes of this 
        paragraph, access by requesters making requests described in 
        section 168.345, subdivision 4, is deemed to be related to 
        public safety. 
           (c) At the time of registration or renewal, If authorized 
        by the individual registered owner of a motor vehicle must also 
        be informed in a clear and conspicuous manner on forms that as 
        indicated in paragraph (b), the registered owner's personal 
        information may be used, rented, or sold solely for bulk 
        distribution by organizations for business purposes including 
        surveys, marketing, and or solicitation.  The commissioner shall 
        implement methods and procedures that enable the registered 
        owner to request that bulk surveys, marketing, or solicitation 
        not be directed to the owner.  If the registered owner so 
        requests, the commissioner shall implement the request in a 
        timely manner and the personal information may not be so used. 
           (d) Subd. 2.  [PERSONAL INFORMATION DISCLOSURE FOR PUBLIC 
        SAFETY.] The commissioner shall disclose personal information 
        when the use is related to the operation or use of a motor 
        vehicle or to public safety.  The use of personal information is 
        related to public safety if it concerns the physical safety or 
        security of drivers, vehicles, pedestrians, or property.  The 
        commissioner may refuse to disclose data under this paragraph 
        subdivision when the commissioner concludes that the requester 
        is likely to use the data for illegal, improper, or 
        noninvestigative purposes. 
           (e) To the extent permitted by United States Code, title 
        18, section 2721, data on individuals provided to register a 
        motor vehicle is public data on individuals and shall be 
        disclosed as permitted by United States Code, title 18, section 
        2721, subsection (b).  Subd. 3.  [PRIVACY CLASSIFICATION FOR 
        PERSONAL SAFETY.] The registered owner of a vehicle who is an 
        individual may request, in writing, that the registered owner's 
        residence address or name and residence address be classified as 
        "private data on individuals," as defined in section 13.02, 
        subdivision 12.  The commissioner shall grant the classification 
        on receipt of a signed statement by the registered owner that 
        the classification is required for the safety of the registered 
        owner or the registered owner's family, if the statement also 
        provides a valid, existing address where the registered owner 
        consents to receive service of process.  The commissioner shall 
        use the service of process mailing address in place of the 
        registered owner's residence address in all documents and 
        notices pertaining to the vehicle.  The residence address or 
        name and residence address and any information provided in the 
        classification request, other than the individual's service for 
        process mailing address, are private data on individuals but may 
        be provided to requesting law enforcement agencies, probation 
        and parole agencies, and public authorities, as defined in 
        section 518.54, subdivision 9. 
           Sec. 59.  Minnesota Statutes 2004, section 168A.04, is 
        amended by adding a subdivision to read: 
           Subd. 2a.  [ALTERNATE MAILING ADDRESS.] If the United 
        States Postal Service will not deliver mail to the residence 
        address of a registered owner who is an individual as listed on 
        the title application, then the registered owner must provide 
        verification from the United States Postal Service that mail 
        will not be delivered to the registered owner's residence 
        address and that mail will be delivered to a specified alternate 
        mailing address.  When an applicant provides an alternate 
        mailing address under this subdivision, the commissioner shall 
        use the alternate mailing address in lieu of the residence 
        address for all notices and mailings to the registered owner. 
           Sec. 60.  Minnesota Statutes 2004, section 169.09, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DRIVER TO STOP FOR ACCIDENT WITH 
        PERSON INDIVIDUAL.] The driver of any motor vehicle involved in 
        an accident resulting in immediately demonstrable bodily injury 
        to or death of any person individual shall immediately stop the 
        vehicle at the scene of the accident, or as close to the scene 
        as possible, but shall then return to and in every event, shall 
        remain at, the scene of the accident, until the driver has 
        fulfilled the requirements of this chapter section as to the 
        giving of information.  The stop shall must be made without 
        unnecessarily obstructing traffic. 
           Sec. 61.  Minnesota Statutes 2004, section 169.09, 
        subdivision 2, is amended to read: 
           Subd. 2.  [DRIVER TO STOP FOR ACCIDENT TO PROPERTY.] The 
        driver of any motor vehicle involved in an accident to a vehicle 
        which is driven or attended by any person individual shall 
        immediately stop such the motor vehicle at the scene of such the 
        accident, or as close thereto to the accident as possible, but 
        shall forthwith return to, and in every event shall remain at, 
        the scene of the accident, until the driver has fulfilled the 
        requirements of this chapter section as to the giving of 
        information.  Every such The stop shall must be made without 
        unnecessarily obstructing traffic more than is necessary. 
           Sec. 62.  Minnesota Statutes 2004, section 169.09, 
        subdivision 3, is amended to read: 
           Subd. 3.  [DRIVER TO GIVE INFORMATION.] (a) The driver of 
        any motor vehicle involved in an accident resulting in bodily 
        injury to or death of any person individual, or damage to any 
        vehicle which is driven or attended by any person individual, 
        shall stop and give the driver's name, address, and date of 
        birth and the registration plate number of the vehicle being 
        driven, and.  The driver shall, upon request and if available, 
        exhibit the driver's license or permit to drive to the person 
        individual struck or the driver or occupant of or person 
        individual attending any vehicle collided with.  The driver also 
        shall give the information and upon request exhibit the license 
        or permit to any police peace officer at the scene of the 
        accident or who is investigating the accident.  The driver shall 
        render reasonable assistance to any person individual injured in 
        the accident. 
           (b) If not given at the scene of the accident, the driver, 
        within 72 hours thereafter after the accident, shall give upon, 
        on request to any person individual involved in the accident or 
        to a peace officer investigating the accident, the name and 
        address of the insurer providing automobile vehicle liability 
        insurance coverage, and the local insurance agent for the 
        insurer.  
           Sec. 63.  Minnesota Statutes 2004, section 169.09, 
        subdivision 4, is amended to read: 
           Subd. 4.  [COLLISION WITH UNATTENDED VEHICLE.] The driver 
        of any motor vehicle which that collides with and damages any 
        vehicle which that is unattended shall immediately stop and 
        either locate and notify the driver or owner of the vehicle of 
        the name and address of the driver and registered owner of the 
        vehicle striking the unattended vehicle, shall report the this 
        same information to a police peace officer, or shall leave in a 
        conspicuous place in or secured to the vehicle struck, a written 
        notice giving the name and address of the driver and of 
        the registered owner of the vehicle doing the striking. 
           Sec. 64.  Minnesota Statutes 2004, section 169.09, 
        subdivision 5, is amended to read: 
           Subd. 5.  [NOTIFY OWNER OF DAMAGED PROPERTY.] The driver of 
        any vehicle involved in an accident resulting only in damage to 
        fixtures legally upon or adjacent to a highway shall take 
        reasonable steps to locate and notify the owner or person in 
        charge of such the property of such that fact and, of the 
        driver's name and address, and of the registration plate number 
        of the vehicle being driven and shall, upon request and if 
        available, exhibit the driver's or chauffeur's license, and make 
        report of such the accident in every case.  The report shall 
        must be made in the same manner as a report made pursuant to 
        subdivision 7. 
           Sec. 65.  Minnesota Statutes 2004, section 169.09, 
        subdivision 6, is amended to read: 
           Subd. 6.  [NOTIFY POLICE NOTICE OF PERSONAL INJURY.] The 
        driver of a vehicle involved in an accident resulting in bodily 
        injury to or death of any person individual shall, after 
        compliance with the provisions of this section, and by the 
        quickest means of communication, give notice of the accident to 
        the local police department, if the accident occurs within a 
        municipality, or to a State Patrol officer if the accident 
        occurs on a trunk highway, or to the office of the sheriff of 
        the county. 
           Sec. 66.  Minnesota Statutes 2004, section 169.09, 
        subdivision 7, is amended to read: 
           Subd. 7.  [ACCIDENT REPORT TO COMMISSIONER.] (a) The driver 
        of a vehicle involved in an accident resulting in bodily injury 
        to or death of any person individual or total property damage to 
        an apparent extent of $1,000 or more, shall forward a written 
        report of the accident to the commissioner of public safety 
        within ten days thereof of the accident.  On the required 
        report, the driver shall provide the commissioner with the name 
        and policy number of the insurer providing vehicle 
        liability insurance coverage at the time of the accident.  
           (b) On determining that the original report of any driver 
        of a vehicle involved in an accident of which report must be 
        made as provided in this section is insufficient, the 
        commissioner of public safety may require the driver to file 
        supplementary reports information. 
           Sec. 67.  Minnesota Statutes 2004, section 169.09, 
        subdivision 8, is amended to read: 
           Subd. 8.  [OFFICER TO REPORT ACCIDENT TO COMMISSIONER.] 
        A law enforcement peace officer who, in the regular course of 
        duty, investigates a motor vehicle an accident that must be 
        reported under this section shall, within ten days after the 
        date of the accident, forward an electronic or written report of 
        the accident to as prescribed by the commissioner of public 
        safety. 
           Sec. 68.  Minnesota Statutes 2004, section 169.09, 
        subdivision 9, is amended to read: 
           Subd. 9.  [ACCIDENT REPORT FORMS FORMAT.] The Department 
        commissioner of public safety shall prepare electronic or 
        written forms prescribe the format for the accident reports 
        required under this section.  Upon request the 
        department commissioner shall supply make available the forms 
        format to police departments, coroners, sheriffs, garages, and 
        other suitable agencies or individuals.  The forms must be 
        appropriate with respect to the persons required to make the 
        reports and the purposes to be served.  The electronic or 
        written report forms to be completed by persons individuals 
        involved in accidents and by investigating peace officers 
        must call for sufficiently detailed information to disclose with 
        reference to a traffic accident the causes, existing conditions 
        then existing, and the persons individuals and vehicles involved.
           Sec. 69.  Minnesota Statutes 2004, section 169.09, 
        subdivision 11, is amended to read: 
           Subd. 11.  [CORONER TO REPORT DEATH.] Every coroner or 
        other official performing like functions shall report in writing 
        to the Department commissioner of public safety the death of any 
        person individual within the coroner's jurisdiction as the 
        result of an accident involving a motor vehicle and the 
        circumstances of the accident.  The report shall must be made 
        within 15 days after the death. 
           In the case of drivers killed in motor vehicle accidents 
        and of the death of pedestrians 16 years of age or older, who 
        die within four hours after an accident, the coroner or other 
        official performing like functions shall examine the body and 
        shall make tests as are necessary to determine the presence and 
        percentage concentration of alcohol, and drugs if feasible, in 
        the blood of the victim.  This information shall must be 
        included in each report submitted pursuant to the provisions of 
        this subdivision and shall be tabulated on a monthly basis by 
        the Department commissioner of public safety.  This information 
        may be used only for statistical purposes which that do not 
        reveal the identity of the deceased. 
           Sec. 70.  Minnesota Statutes 2004, section 169.09, 
        subdivision 12, is amended to read: 
           Subd. 12.  [GARAGE TO REPORT BULLET DAMAGE.] The 
        person individual in charge of any garage or repair shop to 
        which is brought any motor vehicle which that shows evidence of 
        having been struck by any bullet shall immediately report to the 
        local police or sheriff and to the commissioner of public safety 
        within 24 hours after such motor the vehicle is received, giving 
        the engine number if any, registration plate number, and the 
        name and address of the registered owner or operator of such the 
        vehicle. 
           Sec. 71.  Minnesota Statutes 2004, section 169.09, 
        subdivision 14, is amended to read: 
           Subd. 14.  [PENALTIES.] (a) The driver of any vehicle who 
        violates subdivision 1 or 6 and who did not cause the accident 
        is punishable as follows:  
           (1) if the accident results in the death of any person 
        individual, the driver is guilty of a felony and may be 
        sentenced to imprisonment for not more than three years, or to 
        payment of a fine of not more than $5,000, or both; 
           (2) if the accident results in great bodily harm to any 
        person individual, as defined in section 609.02, subdivision 8, 
        the driver is guilty of a felony and may be sentenced to 
        imprisonment for not more than two years, or to payment of a 
        fine of not more than $4,000, or both; or 
           (3) if the accident results in substantial bodily harm to 
        any person individual, as defined in section 609.02, subdivision 
        7a, the driver may be sentenced to imprisonment for not more 
        than one year, or to payment of a fine of not more than $3,000, 
        or both.  
           (b) The driver of any vehicle involved in an accident not 
        resulting in substantial bodily harm or death who violates 
        subdivision 1 or 6 may be sentenced to imprisonment for not more 
        than one year, or to payment of a fine of not more than $3,000, 
        or both.  
           (c) Any person who violates subdivision 2, 3, 4, 5, 7, 8, 
        10, 11, or 12 is guilty of a misdemeanor. 
           (d) The attorney in the jurisdiction in which the violation 
        occurred who is responsible for prosecution of misdemeanor 
        violations of this section shall also be responsible for 
        prosecution of gross misdemeanor violations of this section. 
           Sec. 72.  Minnesota Statutes 2004, section 169.09, 
        subdivision 15, is amended to read: 
           Subd. 15.  [DEFENSE.] It is an affirmative defense to 
        prosecution under subdivisions 1, 2, and 6 that the driver left 
        the scene of the accident to take any person individual 
        suffering immediately demonstrable bodily injury in the accident 
        to receive emergency medical care if the driver of the involved 
        vehicle gives notice to a law enforcement agency as required by 
        subdivision 6 as soon as reasonably feasible after the emergency 
        medical care has been undertaken.  
           Sec. 73.  Minnesota Statutes 2004, section 169.09, is 
        amended by adding a subdivision to read: 
           Subd. 16.  [COMMISSIONER AS AGENT FOR SERVICE OF 
        PROCESS.] The use and operation by a resident of this state or 
        the resident's agent, or by a nonresident or the nonresident's 
        agent, of a motor vehicle within the state of Minnesota, is 
        deemed an irrevocable appointment by the resident if absent from 
        this state continuously for six months or more following an 
        accident, or by the nonresident at any time, of the commissioner 
        of public safety to be the resident's or nonresident's true and 
        lawful attorney upon whom may be served all legal process in any 
        action or proceeding against the resident or nonresident or the 
        executor, administrator, or personal representative of the 
        resident or nonresident growing out of the use and operation of 
        a motor vehicle within this state, resulting in damages or loss 
        to person or property, whether the damage or loss occurs on a 
        highway or on abutting public or private property.  This 
        appointment is binding upon the nonresident's executor, 
        administrator, or personal representative.  The use or operation 
        of a motor vehicle by the resident or nonresident is a 
        signification of agreement that any process in any action 
        against the resident or nonresident or executor, administrator, 
        or personal representative of the resident or nonresident that 
        is so served has the same legal force and validity as if served 
        upon the resident or nonresident personally or on the executor, 
        administrator, or personal representative of the resident or 
        nonresident.  Service of process must be made by serving a copy 
        thereof upon the commissioner or by filing a copy in the 
        commissioner's office, together with payment of a fee of $20, 
        and is deemed sufficient service upon the absent resident or the 
        nonresident or the executor, administrator, or personal 
        representative of the resident or nonresident; provided that 
        notice of service and a copy of the process are sent by mail by 
        the plaintiff within ten days to the defendant at the 
        defendant's last known address and that the plaintiff's 
        affidavit of compliance with the provisions of this chapter is 
        attached to the summons.  
           Sec. 74.  Minnesota Statutes 2004, section 169.09, is 
        amended by adding a subdivision to read: 
           Subd. 17.  [INFORMATION; VEHICLE OWNERS.] If an accident 
        report has been prepared by a person involved in an accident and 
        no report has been prepared by a law enforcement officer, the 
        owners of the vehicles involved in an accident shall have the 
        same access to information maintained by the Department of 
        Public Safety, Driver and Vehicle Services Division, about the 
        vehicles, their owners, and their drivers that would have been 
        available to a law enforcement officer reporting on the accident.
           Sec. 75.  Minnesota Statutes 2004, section 169.09, is 
        amended by adding a subdivision to read: 
           Subd. 18.  [CONTINUANCE OF COURT PROCEEDING; COSTS.] The 
        court in which the action is pending may order a continuance as 
        may be necessary to afford the defendant reasonable opportunity 
        to defend the action, not exceeding 90 days from the date of 
        filing of the action in that court.  The fee of $20 paid by the 
        plaintiff to the commissioner at the time of service of the 
        proceedings must be taxed in the plaintiff's cost if the 
        plaintiff prevails in the suit.  The commissioner shall keep a 
        record of all processes so served, which must show the day and 
        hour of service.  
           Sec. 76.  Minnesota Statutes 2004, section 171.07, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [LICENSE; CONTENTS.] (a) Upon the payment 
        of the required fee, the department shall issue to every 
        qualifying applicant a license designating the type or class of 
        vehicles the applicant is authorized to drive as applied for.  
        This license must bear a distinguishing number assigned to the 
        licensee,; the licensee's full name, date of birth, and 
        residence address and permanent mailing address if different,; a 
        description of the licensee in a manner as the commissioner 
        deems necessary,; and the usual signature of the licensee.  No 
        license is valid unless it bears the usual signature of the 
        licensee.  Every license must bear a colored photograph or an 
        electronically produced image of the licensee. 
           (b) If the United States Postal Service will not deliver 
        mail to the applicant's residence address as listed on the 
        license, then the applicant shall provide verification from the 
        United States Postal Service that mail will not be delivered to 
        the applicant's residence address and that mail will be 
        delivered to a specified alternate mailing address.  When an 
        applicant provides an alternate mailing address under this 
        subdivision, the commissioner shall use the alternate mailing 
        address in lieu of the applicant's residence address for all 
        notices and mailings to the applicant. 
           (c) Every license issued to an applicant under the age of 
        21 must be of a distinguishing color and plainly marked 
        "Under-21." 
           (c) (d) The department shall use processes in issuing a 
        license that prohibit, as nearly as possible, the ability to 
        alter or reproduce a license, or prohibit the ability to 
        superimpose a photograph or electronically produced image on a 
        license, without ready detection. 
           (d) (e) A license issued to an applicant age 65 or over 
        must be plainly marked "senior" if requested by the applicant. 
           Sec. 77.  Minnesota Statutes 2004, section 171.07, 
        subdivision 3, is amended to read: 
           Subd. 3.  [IDENTIFICATION CARD; FEE.] (a) Upon payment of 
        the required fee, the department shall issue to every qualifying 
        applicant a Minnesota identification card.  The department may 
        not issue a Minnesota identification card to a person an 
        individual who has a driver's license, other than a limited 
        license.  The card must bear a distinguishing number assigned to 
        the applicant; a colored photograph or an electronically 
        produced image of the applicant; the applicant's full name, date 
        of birth, and residence address; a description of the applicant 
        in the manner as the commissioner deems necessary; and the usual 
        signature of the applicant. 
           (b) If the United States Postal Service will not deliver 
        mail to the applicant's residence address as listed on the 
        Minnesota identification card, then the applicant shall provide 
        verification from the United States Postal Service that mail 
        will not be delivered to the applicant's residence address and 
        that mail will be delivered to a specified alternate mailing 
        address.  When an applicant provides an alternate mailing 
        address under this subdivision, the commissioner shall use the 
        alternate mailing address in lieu of the applicant's residence 
        address for all notices and mailings to the applicant. 
           (c) Each identification card issued to an applicant under 
        the age of 21 must be of a distinguishing color and plainly 
        marked "Under-21." 
           (c) (d) Each Minnesota identification card must be plainly 
        marked "Minnesota identification card - not a driver's license." 
           (d) (e) The fee for a Minnesota identification card is 50 
        cents when issued to a person who is mentally retarded, as 
        defined in section 252A.02, subdivision 2; a physically disabled 
        person, as defined in section 169.345, subdivision 2; or, a 
        person with mental illness, as described in section 245.462, 
        subdivision 20, paragraph (c). 
           Sec. 78.  Minnesota Statutes 2004, section 171.12, 
        subdivision 7, is amended to read: 
           Subd. 7.  [PRIVACY OF RESIDENCE ADDRESS DATA.] (a) An 
        applicant for a driver's license or a Minnesota identification 
        card may request that the applicant's residence address be 
        classified as private data on individuals, as defined in section 
        13.02, subdivision 12.  The commissioner shall grant the 
        classification upon receipt of a signed statement by the 
        individual that the classification is required for the safety of 
        the applicant or the applicant's family, if the statement also 
        provides a valid, existing address where the applicant consents 
        to receive service of process.  The commissioner shall use the 
        mailing address in place of the residence address in all 
        documents and notices pertaining to the driver's license or 
        identification card.  The residence address and any information 
        provided in the classification request, other than the mailing 
        address, are private data on individuals and may be provided to 
        requesting law enforcement agencies, probation and parole 
        agencies, and public authorities, as defined in section 518.54, 
        subdivision 9.  Data on individuals provided to obtain a 
        driver's license or Minnesota identification card shall be 
        treated as provided by United States Code, title 18, section 
        2721, as in effect on May 23, 2005, and shall be disclosed as 
        required or permitted by that section. 
           (b) An applicant for a driver's license or a Minnesota 
        identification card must be informed in a clear and conspicuous 
        manner on the forms for the issuance or renewal that may 
        consent, in writing, to the commissioner to disclose the 
        applicant's personal information may be disclosed exempted by 
        United States Code, title 18, section 2721, to any person who 
        makes a request for the personal information, and that except 
        for uses permitted by United States Code, title 18, section 
        2721, subsection (b), the applicant may prohibit disclosure of 
        the personal information by so indicating on the form.  If the 
        applicant so authorizes disclosures, the commissioner shall 
        implement the request and the information may be used. 
           (c) If authorized by an applicant for a driver's license or 
        a Minnesota identification card must be also informed in a clear 
        and conspicuous manner on forms that, as indicated in paragraph 
        (b), the applicant's personal information may be used, rented, 
        or sold solely for bulk distribution by organizations for 
        business purposes, including surveys, marketing, or 
        solicitation.  The commissioner shall implement methods and 
        procedures that enable the applicant to request that bulk 
        surveys, marketing, or solicitation not be directed to the 
        applicant.  If the applicant so requests, the commissioner shall 
        implement the request in a timely manner and the personal 
        information may not be so used. 
           (d) To the extent permitted by United States Code, title 
        18, section 2721, data on individuals provided to obtain a 
        Minnesota identification card or a driver's license is public 
        data on individuals and shall be disclosed as permitted by 
        United States Code, title 18, section 2721, subsection (b).  An 
        applicant for a driver's license, instruction permit, or 
        Minnesota identification card may request that the applicant's 
        residence address be classified as "private data on 
        individuals," as defined in section 13.02, subdivision 12.  The 
        commissioner shall grant the classification on receipt of a 
        signed statement by the individual that the classification is 
        required for the safety of the applicant or the applicant's 
        family, if the statement also provides a valid, existing address 
        where the applicant consents to receive service of process.  The 
        commissioner shall use the service for process mailing address 
        in place of the residence address in all documents and notices 
        pertaining to the driver's license, instruction permit, or 
        Minnesota identification card.  The residence address and any 
        information provided in the classification request, other than 
        the mailing address, are private data on individuals and may be 
        provided to requesting law enforcement agencies, probation and 
        parole agencies, and public authorities, as defined in section 
        518.54, subdivision 9. 
           Sec. 79.  Minnesota Statutes 2004, section 270B.01, 
        subdivision 5, is amended to read: 
           Subd. 5.  [TAXPAYER IDENTITY.] "Taxpayer identity" means 
        the name of a person with respect to whom a return is filed, or 
        the person's mailing address, or the person's taxpayer 
        identifying number.  "Taxpayer identity" does not include the 
        state taxpayer identifying number of a business entity, which is 
        classified as public data. 
           Sec. 80.  Minnesota Statutes 2004, section 270B.03, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [WHO MAY INSPECT.] Returns and return 
        information must, on request, be made open to inspection by or 
        disclosure to the data subject.  The request must be made in 
        writing or in accordance with written procedures of the chief 
        disclosure officer of the department that have been approved by 
        the commissioner to establish the identification of the person 
        making the request as the data subject.  For purposes of this 
        chapter, the following are the data subject: 
           (1) in the case of an individual return, that individual; 
           (2) in the case of an income tax return filed jointly, 
        either of the individuals with respect to whom the return is 
        filed; 
           (3) in the case of a partnership return, any person who was 
        a member of the partnership during any part of the period 
        covered by the return; 
           (4) in the case of the return of a corporation or its 
        subsidiary: 
           (i) any person designated by resolution of the board of 
        directors or other similar governing body; 
           (ii) any officer or employee of the corporation upon 
        written request signed by any officer and attested to by the 
        secretary or another officer; 
           (iii) any bona fide shareholder of record owning one 
        percent or more of the outstanding stock of the corporation; 
           (iv) if the corporation is a corporation that has made an 
        election under section 1362 of the Internal Revenue Code of 
        1986, as amended through December 31, 1988, any person who was a 
        shareholder during any part of the period covered by the return 
        during which an election was in effect; or 
           (v) if the corporation has been dissolved, any person 
        authorized by state law to act for the corporation or any person 
        who would have been authorized if the corporation had not been 
        dissolved in the case of a return filed by a business entity, an 
        officer of a corporation, a shareholder owning more than one 
        percent of the stock, or any shareholder of an S corporation; a 
        general partner in a partnership; the owner of a sole 
        proprietorship; a member or manager of a limited liability 
        company; a participant in a joint venture; the individual who 
        signed the return on behalf of the business entity; or an 
        employee who is responsible for handling the tax matters of the 
        business entity, such as the tax manager, bookkeeper, or 
        managing agent; 
           (5) (4) in the case of an estate return: 
           (i) the personal representative or trustee of the estate; 
        and 
           (ii) any beneficiary of the estate as shown on the federal 
        estate tax return; 
           (6) (5) in the case of a trust return: 
           (i) the trustee or trustees, jointly or separately; and 
           (ii) any beneficiary of the trust as shown in the trust 
        instrument; 
           (7) (6) if liability has been assessed to a transferee 
        under section 289A.31, subdivision 3, the transferee is the data 
        subject with regard to the returns and return information 
        relating to the assessed liability; 
           (8) (7) in the case of an Indian tribal government or an 
        Indian tribal government-owned entity, 
           (i) the chair of the tribal government, or 
           (ii) any person authorized by the tribal government; and 
           (9) (8) in the case of a successor as defined in section 
        270.102, subdivision 1, paragraph (b), the successor is the data 
        subject and information may be disclosed as provided by section 
        270.102, subdivision 4.  
           Sec. 81.  [299C.40] [COMPREHENSIVE INCIDENT-BASED REPORTING 
        SYSTEM.] 
           Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
        subdivision apply to this section. 
           (b) "CIBRS" means the Comprehensive Incident-Based 
        Reporting System, located in the Department of Public Safety and 
        managed by the Bureau of Criminal Apprehension, Criminal Justice 
        Information Systems Section.  A reference in this section to 
        "CIBRS" includes the Bureau of Criminal Apprehension. 
           (c) "Law enforcement agency" means a Minnesota municipal 
        police department, the Metropolitan Transit Police, the 
        Metropolitan Airports Police, the University of Minnesota Police 
        Department, a Minnesota county sheriff's department, the Bureau 
        of Criminal Apprehension, or the Minnesota State Patrol. 
           Subd. 2.  [PURPOSE.] CIBRS is a statewide system containing 
        data from law enforcement agencies.  Data in CIBRS must be made 
        available to law enforcement agencies in order to prepare a case 
        against a person, whether known or unknown, for the commission 
        of a crime or other offense for which the agency has 
        investigative authority, or for purposes of background 
        investigations required by section 626.87. 
           Subd. 3.  [DATA PRACTICES ACT GOVERNS.] The provisions of 
        chapter 13 apply to this section. 
           Subd. 4.  [DATA CLASSIFICATION; GENERAL RULE; CHANGES IN 
        CLASSIFICATION; AUDIT TRAIL.] (a) The classification of data in 
        the law enforcement agency does not change after the data is 
        submitted to CIBRS.  If CIBRS is the only source of data made 
        public by section 13.82, subdivisions 2, 3, 6, and 7, data 
        described in those subdivisions must be downloaded and made 
        available to the public as required by section 13.03. 
           (b) Data on individuals created, collected, received, 
        maintained, or disseminated by CIBRS is classified as 
        confidential data on individuals as defined in section 13.02, 
        subdivision 3, and becomes private data on individuals as 
        defined in section 13.02, subdivision 12, as provided by this 
        section. 
           (c) Data not on individuals created, collected, received, 
        maintained, or disseminated by CIBRS is classified as protected 
        nonpublic data as defined in section 13.02, subdivision 13, and 
        becomes nonpublic data as defined in section 13.02, subdivision 
        9, as provided by this section.  
           (d) Confidential or protected nonpublic data created, 
        collected, received, maintained, or disseminated by CIBRS must 
        automatically change classification from confidential data to 
        private data or from protected nonpublic data to nonpublic data 
        on the earlier of the following dates: 
           (1) upon receipt by CIBRS of notice from a law enforcement 
        agency that an investigation has become inactive; or 
           (2) when the data has not been updated by the law 
        enforcement agency that submitted it for a period of 120 days.  
           (e) For the purposes of this section, an investigation 
        becomes inactive upon the occurrence of any of the events listed 
        in section 13.82, subdivision 7, clauses (a) to (c). 
           (f) Ten days before making a data classification change 
        because data has not been updated, CIBRS must notify the law 
        enforcement agency that submitted the data that a classification 
        change will be made on the 120th day.  The notification must 
        inform the law enforcement agency that the data will retain its 
        classification as confidential or protected nonpublic data if 
        the law enforcement agency updates the data or notifies CIBRS 
        that the investigation is still active before the 120th day.  A 
        new 120-day period begins if the data is updated or if a law 
        enforcement agency notifies CIBRS that an active investigation 
        is continuing. 
           (g) A law enforcement agency that submits data to CIBRS 
        must notify CIBRS if an investigation has become inactive so 
        that the data is classified as private data or nonpublic data. 
        The law enforcement agency must provide this notice to CIBRS 
        within ten days after an investigation becomes inactive. 
           (h) All queries and responses and all actions in which data 
        is submitted to CIBRS, changes classification, or is 
        disseminated by CIBRS to any law enforcement agency must be 
        recorded in the CIBRS audit trail. 
           Subd. 5.  [ACCESS TO CIBRS DATA BY LAW ENFORCEMENT AGENCY 
        PERSONNEL.] Only law enforcement agency personnel with 
        certification from the Bureau of Criminal Apprehension may 
        enter, update, or access CIBRS data.  The ability of particular 
        law enforcement agency personnel to enter, update, or access 
        CIBRS data must be limited through the use of purpose codes that 
        correspond to the official duties and training level of the 
        personnel.  
           Subd. 6.  [ACCESS TO CIBRS DATA BY DATA SUBJECT.] Upon 
        request to the Bureau of Criminal Apprehension or to a law 
        enforcement agency participating in CIBRS an individual shall be 
        informed whether the individual is the subject of private or 
        confidential data held by CIBRS.  An individual who is the 
        subject of private data held by CIBRS may obtain access to the 
        data by making a request to the Bureau of Criminal Apprehension 
        or to a participating law enforcement agency.  Private data 
        provided to the subject under this subdivision must also include 
        the name of the law enforcement agency that submitted the data 
        to CIBRS and the name, telephone number, and address of the 
        responsible authority for the data.  
           Subd. 7.  [CHALLENGE TO COMPLETENESS AND ACCURACY OF DATA.] 
        An individual who is the subject of public or private data held 
        by CIBRS and who wants to challenge the completeness or accuracy 
        of the data under section 13.04, subdivision 4, must notify in 
        writing the responsible authority for the data.  A law 
        enforcement agency must notify the Bureau of Criminal 
        Apprehension when data held by CIBRS is challenged.  The 
        notification must identify the data that was challenged and the 
        subject of the data.  CIBRS must include any notification 
        received under this paragraph whenever disseminating data about 
        which no determination has been made.  When the responsible 
        authority of a law enforcement agency completes, corrects, or 
        destroys successfully challenged data, the corrected data must 
        be submitted to CIBRS and any future dissemination must be of 
        the corrected data. 
           Sec. 82.  [299C.405] [SUBSCRIPTION SERVICE.] 
           (a) For the purposes of this subdivision "subscription 
        service" means a process by which law enforcement agency 
        personnel may obtain ongoing, automatic electronic notice of any 
        contacts an individual has with any criminal justice agency. 
           (b) The Department of Public Safety must not establish a 
        subscription service without prior legislative authorization. 
           Sec. 83.  [325E.317] [DEFINITIONS.] 
           Subdivision 1.  [SCOPE.] For the purposes of sections 
        325E.317 and 325E.318, the terms defined in this section have 
        the meanings given. 
           Subd. 2.  [PROVIDER.] "Provider" means a provider of 
        wireless telecommunications services. 
           Subd. 3.  [TELECOMMUNICATIONS 
        SERVICES.] "Telecommunications services" has the meaning given 
        in section 297A.61, subdivision 24, paragraph (a). 
           Subd. 4.  [WIRELESS DIRECTORY ASSISTANCE 
        SERVICE.] "Wireless directory assistance service" means any 
        service for connecting calling parties to a wireless 
        telecommunications services customer when the calling parties 
        themselves do not possess the customer's wireless telephone 
        number information. 
           Subd. 5.  [WIRELESS TELECOMMUNICATIONS SERVICES.] "Wireless 
        telecommunications services" has the meaning given in section 
        325F.695. 
           Subd. 6.  [WIRELESS TELEPHONE DIRECTORY.] "Wireless 
        telephone directory" means a directory or database containing 
        wireless telephone number information or any other identifying 
        information by which a calling party may reach a wireless 
        telecommunications services customer. 
           Subd. 7.  [WIRELESS TELEPHONE NUMBER 
        INFORMATION.] "Wireless telephone number information" means the 
        telephone number, electronic address, and any other identifying 
        information by which a calling party may reach a wireless 
        telecommunications services customer, which is assigned by a 
        provider to the customer and includes the customer's name and 
        address. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 84.  [325E.318] [WIRELESS DIRECTORIES.] 
           Subdivision 1.  [NOTICE.] No provider of wireless 
        telecommunications service, or any direct or indirect affiliate 
        or agent of a provider, may include the wireless telephone 
        number information of a customer in a wireless telephone 
        directory assistance service database or publish, sell, or 
        otherwise disseminate the contents of a wireless telephone 
        directory assistance service database unless the provider 
        provides a conspicuous notice to the subscriber informing the 
        subscriber that the subscriber will not be listed in a wireless 
        directory assistance service database without the subscriber's 
        prior express authorization. 
           Subd. 2.  [AUTHORIZATION.] (a) A provider, or any direct or 
        indirect affiliate or agent of a provider, may not disclose, 
        provide, or sell a customer's wireless telephone number 
        information, or any part thereof, for inclusion in a wireless 
        telephone directory of any form, and may not sell a wireless 
        telephone directory containing a customer's wireless telephone 
        number information without first receiving prior express 
        authorization from the customer.  The customer's authorization 
        must meet the following requirements: 
           (1) consent shall be affirmatively obtained separately from 
        the execution of the service contract via verifiable means; and 
           (2) consent shall be unambiguous and conspicuously disclose 
        that the subscriber is consenting to have the customer's dialing 
        number sold or licensed as part of a publicly available 
        directory assistance database. 
           (b) A record of the authorization shall be maintained for 
        the duration of the service contract or any extension of the 
        contract. 
           (c) A subscriber who provides express consent pursuant to 
        paragraph (a) may revoke that consent via verifiable means at 
        any time.  A provider must comply with the customer's request to 
        be removed from the directory and remove such listing from 
        directory assistance within 60 days. 
           Subd. 3.  [NO FEE TO RETAIN PRIVACY.] A customer shall not 
        be charged for opting not to be listed in a wireless telephone 
        directory. 
           Subd. 4.  [REMEDIES.] Every knowing violation of this 
        section is punishable by a fine of up to $500 for each violation 
        with a maximum aggregated amount of $10,000 for a provider, of 
        which $100 per violation shall be paid to each victim of the 
        violation.  The attorney general may bring actions to enforce 
        compliance with this section.  For the first violation by any 
        company or organization of this section, the attorney general 
        shall notify the company with a letter of warning that the 
        section has been violated.  No telephone corporation, nor any 
        official or employee of a telephone corporation, shall be 
        subject to criminal or civil liability for the release of 
        customer information as authorized by this section. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 85.  [325E.59] [USE OF SOCIAL SECURITY NUMBERS.] 
           Subdivision 1.  [GENERALLY.] 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; 
           (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; or 
           (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.  
           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.  
           Except as provided in subdivision 2, this section applies 
        only to the use of Social Security numbers on or after July 1, 
        2007.  
           Subd. 2.  [CONTINUATION OF PRIOR USE.] A person or entity, 
        not including a government entity, that has used, prior to July 
        1, 2007, an individual's Social Security number in a manner 
        inconsistent with subdivision 1, may continue using that 
        individual's Social Security number in that manner on or after 
        July 1, 2007, if all the following conditions are met: 
           (1) the use of the Social Security number is continuous.  
        If the use is stopped for any reason, subdivision 1 applies; 
           (2) the individual is provided an annual disclosure, 
        commencing in 2007, that informs the individual that the 
        individual has the right to stop the use of the individual's 
        Social Security number in a manner prohibited by subdivision 1; 
           (3) a written request by an individual to stop the use of 
        the individual's Social Security number in a manner prohibited 
        by subdivision 1 must be implemented within 30 days of the 
        receipt of the request.  A fee may not be charged for 
        implementing the request; and 
           (4) a person or entity, not including a government entity, 
        shall not deny services to an individual because the individual 
        makes a written request pursuant to this subdivision. 
           Subd. 3.  [COORDINATION WITH OTHER LAW.] This section does 
        not prevent the collection, use, or release of a Social Security 
        number as required by state or federal law or the use of a 
        Social Security number for internal verification or 
        administrative purposes. 
           Subd. 4.  [PUBLIC RECORDS.] This section does not apply to 
        documents that are recorded or required to be open to the public 
        under chapter 13 or by other law. 
           Subd. 5.  [DEFINITIONS.] For purposes of this section, 
        "government entity" has the meaning given in section 13.02, 
        subdivision 7a, but does not include the Minnesota state 
        colleges and universities or the University of Minnesota. 
           [EFFECTIVE DATE.] This section is effective July 1, 2007. 
           Sec. 86.  [REPORT TO LEGISLATURE.] 
           By January 15, 2006, the commissioner of public safety must 
        report to the chair of the house Public Safety Policy and 
        Finance Committee and the chair of the senate Crime Prevention 
        and Public Safety Committee and the ranking minority members of 
        those committees and make legislative recommendations on 
        possible use of CIBRS data for background checks required by 
        law, a process for criminal records expungement by the subject 
        of CIBRS data, and retention schedules for CIBRS data. 
           By January 15, 2006, the commissioner of public safety must 
        also report to the chair of the house Committee on Public Safety 
        Policy and Finance and the chair of the senate Committee on 
        Crime Prevention and the ranking minority members of those 
        committees on the advisability of prohibiting the possession or 
        use of devices or chemicals to falsify results of drug and 
        alcohol testing as defined in Minnesota Statutes, section 
        181.95, subdivision 5, or to place false DNA evidence at the 
        scene of a crime. 
           Sec. 87.  [REVIEW OF STATE HANDLING OF GENETIC 
        INFORMATION.] 
           The commissioner of administration shall review the 
        applicable laws, rules, and policies to determine whether the 
        state handles genetic information on individuals in a manner 
        that appropriately takes into account the possible effect of 
        release or nonrelease of that information on the genetic privacy 
        of relatives of the individuals.  The commissioner shall report 
        the results of the review, including any recommendations for 
        legislative changes, to the chairs of the house Civil Law 
        Committee and the senate Judiciary Committee and the ranking 
        minority members of those committees by January 15, 2006. 
           Sec. 88.  [INSTRUCTION TO REVISOR.] 
           The revisor of statutes shall renumber each section of 
        Minnesota Statutes in column A with the number in column B.  The 
        revisor shall also make any necessary cross-reference changes. 
                  Column A                  Column B 
                   170.24           169.09, subdivision 14a 
                   170.54           169.09, subdivision 5a 
           Sec. 89.  [REPEALER.] 
           Minnesota Statutes 2004, sections 13.04, subdivision 5; 
        169.09, subdivision 10; and 170.55, are repealed. 
           Presented to the governor May 31, 2005 
           Signed by the governor June 3, 2005, 10:50 a.m.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569