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

                            CHAPTER 259-S.F.No. 1279 
                  An act relating to privacy; providing for the 
                  classification of and access to government data; 
                  clarifying data provisions; recodifying statutes on 
                  crime of domestic assault; providing for an 
                  information policy training program; indexing statutes 
                  that restrict data access and are located outside 
                  chapter 13; prescribing penalties; appropriating 
                  money; amending Minnesota Statutes 1994, sections 
                  13.03, subdivision 6; 13.06, subdivision 7; 13.072, 
                  subdivision 1, and by adding a subdivision; 13.10, 
                  subdivision 5; 13.31, subdivision 1; 13.32, 
                  subdivision 2; 13.43, subdivisions 2, 5, and by adding 
                  a subdivision; 13.46, subdivisions 1, 2, and 10; 
                  13.49; 13.50, subdivision 2; 13.551; 13.79; 13.793; 
                  13.82, subdivisions 3a, 5, 6, 10, and by adding 
                  subdivisions; 13.83, subdivision 2; 13.89, subdivision 
                  1; 13.90; 13.99, subdivisions 1, 12, 20, 21a, 42a, 54, 
                  55, 64, 78, 79, 112, and by adding subdivisions; 
                  41B.211; 128C.17; 144.0721, subdivision 2; 144.218, 
                  subdivision 4; 144.225, by adding a subdivision; 
                  144.335, subdivisions 2, and 3a; 144.3351; 148B.68, 
                  subdivision 1; 171.07, subdivision 1a; 171.12, 
                  subdivision 3; 253B.02, subdivision 4a; 259.10; 
                  260.015, subdivision 28; 260.161, subdivision 1b; 
                  268.0122, by adding a subdivision; 268.0124; 270B.02, 
                  subdivision 3; 270B.03, subdivision 1; 270B.12, 
                  subdivision 2; 270B.14, subdivisions 1, as amended, 
                  and 11; 299C.11; 299C.61, subdivision 4; 336.9-407; 
                  336.9-411; 363.061, subdivision 2; 383B.225, 
                  subdivision 6; 388.24, subdivision 4; 401.065, 
                  subdivision 3a; 518B.01, subdivision 14; 609.101, 
                  subdivision 2; 609.131, subdivision 2; 609.135, 
                  subdivisions 2 and 5a; 609.1352, subdivision 3; 
                  609.185; 609.224, subdivisions 2 and 3; 609.268, 
                  subdivision 1; 609.748, subdivision 6; 609.749, 
                  subdivisions 4 and 5; 611A.031; 624.713, subdivision 
                  1; 626.563, subdivision 1; 629.471, subdivision 3; 
                  629.74; 630.36, subdivision 2; and 631.046, 
                  subdivision 1; Laws 1993, chapter 192, section 110; 
                  proposing coding for new law in Minnesota Statutes, 
                  chapters 13; 13B; 181; 270B; 609; and 611A; repealing 
                  Minnesota Statutes 1994, sections 13.06, subdivision 
                  6; 13.38, subdivision 4; 13.69, subdivision 2; 13.71, 
                  subdivisions 9, 10, 11, 12, 13, 14, 15, 16, and 17; 
                  and 13B.04; Laws 1990, chapter 566, section 9, as 
                  amended; and Laws 1994, chapter 618, article 1, 
                  section 47. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
                                   ARTICLE 1
                                 DATA PRACTICES
           Section 1.  Minnesota Statutes 1994, section 13.06, 
        subdivision 7, is amended to read: 
           Subd. 7.  [LEGISLATIVE CONSIDERATION OF TEMPORARY 
        CLASSIFICATIONS; EXPIRATION.] On or before January 15 of each 
        year, the commissioner shall submit all temporary 
        classifications in effect on January 1 in bill form to the 
        legislature.  The temporary classification expires June 1 of the 
        year following its submission to the legislature. 
           Sec. 2.  Minnesota Statutes 1994, section 13.072, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [OPINION; WHEN REQUIRED.] (a) Upon request 
        of a state agency, statewide system, or political subdivision, 
        the commissioner may give a written opinion on any question 
        relating to public access to government data, rights of subjects 
        of data, or classification of data under this chapter or other 
        Minnesota statutes governing government data practices.  Upon 
        request of any person who disagrees with a determination 
        regarding data practices made by a state agency, statewide 
        system, or political subdivision, the commissioner may give a 
        written opinion regarding the person's rights as a subject of 
        government data or right to have access to government data.  If 
        the commissioner determines that no opinion will be issued, the 
        commissioner shall give the state agency, statewide system, 
        political subdivision, or person requesting the opinion notice 
        of the decision not to issue the opinion within five days of 
        receipt of the request.  If this notice is not given, the 
        commissioner shall issue an opinion within 20 days of receipt of 
        the request.  For good cause and upon written notice to the 
        person requesting the opinion, the commissioner may extend this 
        deadline for one additional 30-day period.  The notice must 
        state the reason for extending the deadline.  The state agency, 
        statewide system, or political subdivision must be provided a 
        reasonable opportunity to explain the reasons for its decision 
        regarding the data.  The commissioner or the state agency, 
        statewide system, or political subdivision may choose to give 
        notice to the subject of the data concerning the dispute 
        regarding the data. 
           (b) This section does not apply to a question involving the 
        exercise of a discretionary power specifically granted by 
        statute to a responsible authority to withhold or grant access 
        to government data in a manner different than the data's general 
        statutory classification determination made by the commissioner 
        of health under section 13.38, subdivision 2, paragraph (c), or 
        144.6581. 
           (c) A written opinion issued by the attorney general shall 
        take precedence over an opinion issued by the commissioner under 
        this section. 
           Sec. 3.  Minnesota Statutes 1994, section 13.072, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [DATA SUBMITTED TO COMMISSIONER.] A state agency, 
        statewide system, or political subdivision 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 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.  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. 4.  Minnesota Statutes 1994, section 13.10, 
        subdivision 5, is amended to read: 
           Subd. 5.  [ADOPTION RECORDS.] Notwithstanding any provision 
        of this chapter, adoption records shall be treated as provided 
        in sections 259.21 259.53, 259.61, 259.79, and 259.83 to 259.89. 
           Sec. 5.  Minnesota Statutes 1994, section 13.31, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITION.] As used in this section, 
        "benefit data" means data on individuals collected or created 
        because an individual seeks information about becoming, is, or 
        was an applicant for or a recipient of benefits or services 
        provided under various housing, home ownership, and 
        rehabilitation and community action agency, head start, and food 
        assistance programs administered by state agencies, political 
        subdivisions, or statewide systems.  Benefit data does not 
        include welfare data which shall be administered in accordance 
        with section 13.46. 
           Sec. 6.  Minnesota Statutes 1994, section 13.32, 
        subdivision 2, is amended to read: 
           Subd. 2.  [STUDENT HEALTH AND CENSUS DATA.] (a) Health data 
        concerning students, including but not limited to, data 
        concerning immunizations, notations of special physical or 
        mental problems and records of school nurses; and pupil census 
        data, including but not limited to, emergency information, 
        family information and data concerning parents shall be 
        considered are educational data.  Access by parents to student 
        health data shall be pursuant to section 13.02, subdivision 8.  
           (b) Pupil census data, including emergency information, 
        family information, and data concerning parents are educational 
        data. 
           Sec. 7.  Minnesota Statutes 1994, section 13.43, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PUBLIC DATA.] (a) Except for employees described 
        in subdivision 5, the following personnel data on current and 
        former employees, volunteers, and independent contractors of a 
        state agency, statewide system, or political subdivision and 
        members of advisory boards or commissions is public: 
           (1) name; 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; 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, whether or not 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 the employment relationship; 
           (7) work location; a work telephone number; badge number; 
        and honors and awards received; and 
           (8) payroll time sheets or other comparable data that are 
        only used to account for employee's work time for payroll 
        purposes, except to the extent that release of time sheet data 
        would reveal the employee's reasons for the use of sick or other 
        medical leave or other not public data; and city and county of 
        residence. 
           (b) For purposes of this subdivision, a final disposition 
        occurs when the state agency, statewide system, or political 
        subdivision makes its final decision about the disciplinary 
        action, regardless of the possibility of any later proceedings 
        or court proceedings.  In the case of arbitration proceedings 
        arising under collective bargaining agreements, a final 
        disposition occurs at the conclusion of the arbitration 
        proceedings, or upon the failure of the employee to elect 
        arbitration within the time provided by the collective 
        bargaining agreement.  Final disposition includes a resignation 
        by an individual when the resignation occurs after the final 
        decision of the state agency, statewide system, political 
        subdivision, or arbitrator. 
           (c) The state agency, statewide system, or political 
        subdivision may display a photograph of a current or former 
        employee to a prospective witness as part of the state agency's, 
        statewide system's, or political subdivision's investigation of 
        any complaint or charge against the employee. 
           (d) A complainant has access to a statement provided by the 
        complainant to a state agency, statewide system, or political 
        subdivision in connection with a complaint or charge against an 
        employee. 
           (e) Notwithstanding paragraph (a), clause (5), upon 
        completion of an investigation of a complaint or charge against 
        a public official, or if a public official resigns or is 
        terminated from employment while the complaint or charge is 
        pending, all data relating to the complaint or charge are 
        public, unless access to the data would jeopardize an active 
        investigation or reveal confidential sources.  For purposes of 
        this paragraph, "public official" means the head of a state 
        agency and deputy and assistant state agency heads. 
           Sec. 8.  Minnesota Statutes 1994, section 13.43, 
        subdivision 5, is amended to read: 
           Subd. 5.  [UNDERCOVER LAW ENFORCEMENT OFFICER.] All 
        personnel data maintained by any state agency, statewide system 
        or political subdivision relating to an individual employed as 
        or an applicant for employment as an undercover law enforcement 
        officer is are private data on individuals.  When the individual 
        is no longer assigned to an undercover position, the data 
        described in subdivisions 2 and 3 become public unless the law 
        enforcement agency determines that revealing the data would 
        threaten the personal safety of the officer or jeopardize an 
        active investigation.  
           Sec. 9.  Minnesota Statutes 1994, section 13.43, is amended 
        by adding a subdivision to read: 
           Subd. 9.  [PEER COUNSELING DEBRIEFING DATA.] (a) Data 
        acquired by a peer group member in a public safety peer 
        counseling debriefing is private data on the person being 
        debriefed. 
           (b) For purposes of this subdivision, "public safety peer 
        counseling debriefing" means a group process oriented debriefing 
        session held for peace officers, firefighters, medical emergency 
        persons, dispatchers, or other persons involved with public 
        safety emergency services, that is established by any agency 
        providing public safety emergency services and is designed to 
        help a person who has suffered an occupation-related traumatic 
        event begin the process of healing and effectively dealing with 
        posttraumatic stress. 
           Sec. 10.  Minnesota Statutes 1994, section 13.46, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] As used in this section: 
           (a) "Individual" means an individual pursuant to section 
        13.02, subdivision 8, but does not include a vendor of services. 
           (b) "Program" includes all programs for which authority is 
        vested in a component of the welfare system pursuant to statute 
        or federal law, including, but not limited to, aid to families 
        with dependent children, medical assistance, general assistance, 
        work readiness, and general assistance medical care, and child 
        support collections.  
           (c) "Welfare system" includes the department of human 
        services, local social services agencies, county welfare 
        agencies, the public authority responsible for child support 
        enforcement, human services boards, community mental health 
        center boards, state hospitals, state nursing homes, the 
        ombudsman for mental health and mental retardation, and persons, 
        agencies, institutions, organizations, and other entities under 
        contract to any of the above agencies to the extent specified in 
        the contract. 
           (d) "Mental health data" means data on individual clients 
        and patients of community mental health centers, established 
        under section 245.62, mental health divisions of counties and 
        other providers under contract to deliver mental health 
        services, or the ombudsman for mental health and mental 
        retardation. 
           (e) "Fugitive felon" means a person who has been convicted 
        of a felony and who has escaped from confinement or violated the 
        terms of probation or parole for that offense. 
           Sec. 11.  Minnesota Statutes 1994, section 13.46, 
        subdivision 2, is amended to read: 
           Subd. 2.  [GENERAL.] (a) Unless the data is summary data or 
        a statute specifically provides a different classification, data 
        on individuals collected, maintained, used, or disseminated by 
        the welfare system is private data on individuals, and shall not 
        be disclosed except:  
           (1) pursuant to section 13.05; 
           (2) pursuant to court order; 
           (3) pursuant to a statute specifically authorizing access 
        to the private data; 
           (4) to an agent of the welfare system, including a law 
        enforcement person, attorney, or investigator acting for it in 
        the investigation or prosecution of a criminal or civil 
        proceeding relating to the administration of a program; 
           (5) to personnel of the welfare system who require the data 
        to determine eligibility, amount of assistance, and the need to 
        provide services of additional programs to the individual; 
           (6) to administer federal funds or programs; 
           (7) between personnel of the welfare system working in the 
        same program; 
           (8) the amounts of cash public assistance and relief paid 
        to welfare recipients in this state, including their names and 
        social security numbers, upon request by the department of 
        revenue to administer the property tax refund law, supplemental 
        housing allowance, and the income tax; 
           (9) to the Minnesota department of economic security for 
        the purpose of monitoring the eligibility of the data subject 
        for reemployment insurance, for any employment or training 
        program administered, supervised, or certified by that agency, 
        or for the purpose of administering any rehabilitation program, 
        whether alone or in conjunction with the welfare system, and to 
        verify receipt of energy assistance for the telephone assistance 
        plan; 
           (10) to appropriate parties in connection with an emergency 
        if knowledge of the information is necessary to protect the 
        health or safety of the individual or other individuals or 
        persons; 
           (11) data maintained by residential facilities programs as 
        defined in section 245A.02 may be disclosed to the protection 
        and advocacy system established in this state pursuant to Part C 
        of Public Law Number 98-527 to protect the legal and human 
        rights of persons with mental retardation or other related 
        conditions who live in residential facilities for these persons 
        if the protection and advocacy system receives a complaint by or 
        on behalf of that person and the person does not have a legal 
        guardian or the state or a designee of the state is the legal 
        guardian of the person; 
           (12) to the county medical examiner or the county coroner 
        for identifying or locating relatives or friends of a deceased 
        person; 
           (13) data on a child support obligor who makes payments to 
        the public agency may be disclosed to the higher education 
        coordinating board to the extent necessary to determine 
        eligibility under section 136A.121, subdivision 2, clause (5); 
           (14) participant social security numbers and names 
        collected by the telephone assistance program may be disclosed 
        to the department of revenue to conduct an electronic data match 
        with the property tax refund database to determine eligibility 
        under section 237.70, subdivision 4a; 
           (15) the current address of a recipient of aid to families 
        with dependent children may be disclosed to law enforcement 
        officers who provide the name and social security number of the 
        recipient and satisfactorily demonstrate that:  (i) the 
        recipient is a fugitive felon, including the grounds for this 
        determination; (ii) the location or apprehension of the felon is 
        within the law enforcement officer's official duties; and (iii) 
        the request is made in writing and in the proper exercise of 
        those duties; 
           (16) the current address of a recipient of general 
        assistance, work readiness, or general assistance medical care 
        may be disclosed to probation officers and corrections agents 
        who are supervising the recipient, and to law enforcement 
        officers who are investigating the recipient in connection with 
        a felony level offense; 
           (17) information obtained from food stamp applicant or 
        recipient households may be disclosed to local, state, or 
        federal law enforcement officials, upon their written request, 
        for the purpose of investigating an alleged violation of the 
        food stamp act, in accordance with Code of Federal Regulations, 
        title 7, section 272.1(c); or 
           (18) data on a child support obligor who is in arrears may 
        be disclosed for purposes of publishing the data pursuant to 
        section 518.575; or 
           (19) data on child support payments made by a child support 
        obligor may be disclosed to the obligee. 
           (b) Information on persons who have been treated for drug 
        or alcohol abuse may only be disclosed in accordance with the 
        requirements of Code of Federal Regulations, title 42, sections 
        2.1 to 2.67. 
           (c) Data provided to law enforcement agencies under 
        paragraph (a), clause (15), (16), or (17), or paragraph (b), are 
        investigative data and are confidential or protected nonpublic 
        while the investigation is active.  The data are private after 
        the investigation becomes inactive under section 13.82, 
        subdivision 5, paragraph (a) or (b). 
           (d) Mental health data shall be treated as provided in 
        subdivisions 7, 8, and 9, but is not subject to the access 
        provisions of subdivision 10, paragraph (b). 
           Sec. 12.  Minnesota Statutes 1994, section 13.46, 
        subdivision 10, is amended to read: 
           Subd. 10.  [RESPONSIBLE AUTHORITY.] (a) Notwithstanding any 
        other provision of this chapter to the contrary, the responsible 
        authority for each component of the welfare system listed in 
        subdivision 1, clause (c), shall be as follows:  
           (1) the responsible authority for the department of human 
        services, state hospitals, and nursing homes is the commissioner 
        of the department of human services; 
           (2) the responsible authority of a county welfare agency is 
        the director of the county welfare agency; 
           (3) the responsible authority for a local social services 
        agency, human services board, or community mental health center 
        board is the chair of the board; and 
           (4) the responsible authority of any person, agency, 
        institution, organization, or other entity under contract to any 
        of the components of the welfare system listed in subdivision 1, 
        clause (c), is the person specified in the contract; and 
           (5) the responsible authority of the public authority for 
        child support enforcement is the head of the public authority 
        for child support enforcement.  
           (b) A responsible authority shall allow another responsible 
        authority in the welfare system access to data classified as not 
        public data when access is necessary for the administration and 
        management of programs, or as authorized or required by statute 
        or federal law. 
           Sec. 13.  Minnesota Statutes 1994, section 13.49, is 
        amended to read: 
           13.49 [SOCIAL SECURITY NUMBERS.] 
           Subdivision 1.  [GENERAL.] The social security numbers of 
        individuals collected or maintained by a state agency, statewide 
        system, or political subdivision are private data on 
        individuals, except to the extent that access to the social 
        security number is specifically authorized by law. 
           Subd. 2.  [COUNTY RECORDER OR REGISTRAR OF TITLES.] 
        Subdivision 1 does not apply to social security numbers that 
        appear in documents or records filed or recorded with the county 
        recorder or registrar of titles, other than documents filed 
        under section 600.23. 
           Sec. 14.  Minnesota Statutes 1994, section 13.50, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PUBLIC DATA.] The data made confidential or 
        protected nonpublic by the provisions of subdivision 1 shall 
        become public upon the occurrence of any of the following:  
           (a) The negotiating parties exchange appraisals; 
           (b) The data are submitted to a court appointed 
        condemnation commissioner; 
           (c) The data are presented in court in condemnation 
        proceedings; or 
           (d) The negotiating parties enter into an agreement for the 
        purchase and sale of the property.  
           Sec. 15.  Minnesota Statutes 1994, section 13.551, is 
        amended to read: 
           13.551 [CLASSIFICATION OF SAINT PAUL PORT AUTHORITY DATA.] 
           Subdivision 1.  [SAINT PAUL PORT AUTHORITY.] The following 
        data not on individuals collected and maintained by the Saint 
        Paul port authority are classified as protected nonpublic, until 
        30 days before the date of a hearing on a proposed sale pursuant 
        to section 469.065:  financial studies and reports that are part 
        of appraisers' estimates of value of or concerning projects as 
        defined in chapter 474, prepared by personnel of the port 
        authority or independent accountants, consultants, and 
        appraisers for the purpose of marketing by sale or lease a 
        project which the port authority has acquired or repossessed as 
        the result of the default under and the termination of a revenue 
        agreement as defined in chapter 474. 
           Subd. 2.  [RED WING PORT AUTHORITY.] Data maintained by the 
        Red Wing port authority that pertain to negotiations with 
        property owners regarding the purchase of property are nonpublic 
        data not on individuals.  With the exception of the authority's 
        evaluation of properties not purchased, all other negotiation 
        data become public at the time of the closing of the property 
        sale. 
           Sec. 16.  [13.646] [LEGISLATIVE AND BUDGET PROPOSAL DATA.] 
           Subdivision 1.  [DEFINITION.] As used in this section, 
        "state administration" means the governor's office, the 
        department of finance, and any state agency that is under the 
        direct control of the governor. 
           Subd. 2.  [CLASSIFICATIONS.] Legislative and budget 
        proposals, including preliminary drafts, that are created, 
        collected, or maintained by the state administration are 
        protected nonpublic data.  After the budget is presented to the 
        legislature by the state administration, supporting data, 
        including agency requests, are public data.  Supporting data do 
        not include preliminary drafts.  The state administration may 
        disclose any of the data within the state administration and to 
        the public at any time if disclosure would aid the 
        administration in considering and preparing its proposals. 
           Sec. 17.  Minnesota Statutes 1994, section 13.79, is 
        amended to read: 
           13.79 [DEPARTMENT OF LABOR AND INDUSTRY DATA.] 
           Data that identify complaining employees and that appear on 
        complaint forms received by the department of labor and industry 
        concerning alleged violations of the fair labor standards 
        act or, section 181.75 or 181.9641 are classified as private 
        data.  
           Sec. 18.  Minnesota Statutes 1994, section 13.793, is 
        amended to read: 
           13.793 [NATURAL RESOURCES MINERAL DATA.] 
           Subdivision 1.  [NONPUBLIC DATA.] Except as provided in 
        subdivision 2, the following data received and maintained by the 
        commissioner of natural resources are nonpublic data: 
           (1) a letter or other documentation from a person that is 
        supplied to the commissioner before a public lease sale of 
        metallic or other minerals for the purpose of making suggestions 
        or recommendations about which state lands may be offered for 
        public lease sale; or 
           (2) a written report or other documentation of private 
        analyses of a state-owned or controlled drill core that is 
        public data and is under the custody of the commissioner; or 
           (3) exploration data received by the commissioner under the 
        terms of a state mineral lease. 
           Subd. 2.  [DATA BECOME PUBLIC.] (a) Data under subdivision 
        1, clause (1), become public data three years after the date the 
        lease sale was held or, if not held, within three years after 
        the date the lease sale was scheduled to be held.  Except as 
        provided in paragraph (b), data under subdivision 1, clause (2), 
        become public data one year after receipt by the 
        commissioner.  Except as provided in paragraph (c) or as 
        otherwise provided for by law, data under subdivision 1, clause 
        (3), become public data upon termination of the state mineral 
        lease under which the data were gathered.  
           (b) If data under subdivision 1, clause (2), relate to 
        private land that is under mineral lease to the person 
        submitting the data, and the mineral lease is in force at the 
        time the data are submitted, the data become public data only 
        after the mineral lease is no longer in force.  The person 
        submitting the data that relate to private land that is under 
        mineral lease shall provide to the commissioner at the time the 
        data are submitted and annually thereafter, in a format 
        designated by the commissioner, satisfactory evidence that the 
        mineral lease is in effect.  If, in a given year, satisfactory 
        evidence that the mineral lease is still in effect is not 
        provided to the commissioner before the anniversary date of 
        receipt of the data by the commissioner, the data immediately 
        become public data.  
           (c) If data under subdivision 1, clause (3), are nonpublic 
        data under the provisions of section 103I.605, subdivision 4, 
        clause (c), the data become public data pursuant to the 
        provisions of section 103I.605, subdivision 4, clauses (c) and 
        (d). 
           Sec. 19.  Minnesota Statutes 1994, section 13.82, 
        subdivision 3a, is amended to read: 
           Subd. 3a.  [AUDIO RECORDING OF 911 CALL.] The audio 
        recording of a call placed to a 911 system for the purpose of 
        requesting service from a law enforcement, fire, or medical 
        agency is private data on individuals with respect to the 
        individual making the call, except that a written transcript of 
        the audio recording is public, unless it reveals the identity of 
        an individual otherwise protected under subdivision 10.  A 
        transcript shall be prepared upon request.  The person 
        requesting the transcript shall pay the actual cost of 
        transcribing the call, in addition to any other applicable costs 
        provided under section 13.03, subdivision 3.  The audio 
        recording may be disseminated to law enforcement agencies for 
        investigative purposes.  The audio recording may be used for 
        public safety dispatcher and emergency medical services training 
        purposes. 
           Sec. 20.  Minnesota Statutes 1994, section 13.82, 
        subdivision 5, is amended to read: 
           Subd. 5.  [CRIMINAL INVESTIGATIVE DATA COLLECTION.] Except 
        for the data defined in subdivisions 2, 3, and 4, investigative 
        data collected or created by a law enforcement agency in order 
        to prepare a case against a person, whether known or unknown, 
        for the commission of a crime or civil wrong other offense for 
        which the agency has primary investigative responsibility is 
        confidential or protected nonpublic while the investigation is 
        active.  Inactive investigative data is public unless the 
        release of the data would jeopardize another ongoing 
        investigation or would reveal the identity of individuals 
        protected under subdivision 10.  Photographs which are part of 
        inactive investigative files and which are clearly offensive to 
        common sensibilities are classified as private or nonpublic 
        data, provided that the existence of the photographs shall be 
        disclosed to any person requesting access to the inactive 
        investigative file.  An investigation becomes inactive upon the 
        occurrence of any of the following events:  
           (a) a decision by the agency or appropriate prosecutorial 
        authority not to pursue the case; 
           (b) expiration of the time to bring a charge or file a 
        complaint under the applicable statute of limitations, or 30 
        years after the commission of the offense, whichever comes 
        earliest; or 
           (c) exhaustion of or expiration of all rights of appeal by 
        a person convicted on the basis of the investigative data.  
           Any investigative data presented as evidence in court shall 
        be public.  Data determined to be inactive under clause (a) may 
        become active if the agency or appropriate prosecutorial 
        authority decides to renew the investigation.  
           During the time when an investigation is active, any person 
        may bring an action in the district court located in the county 
        where the data is being maintained to authorize disclosure of 
        investigative data.  The court may order that all or part of the 
        data relating to a particular investigation be released to the 
        public or to the person bringing the action.  In making the 
        determination as to whether investigative data shall be 
        disclosed, the court shall consider whether the benefit to the 
        person bringing the action or to the public outweighs any harm 
        to the public, to the agency or to any person identified in the 
        data.  The data in dispute shall be examined by the court in 
        camera.  
           Sec. 21.  Minnesota Statutes 1994, section 13.82, is 
        amended by adding a subdivision to read: 
           Subd. 5e.  [NAME CHANGE DATA.] Data on court records 
        relating to name changes under section 259.10, subdivision 2, 
        which is held by a law enforcement agency is confidential data 
        on an individual while an investigation is active and is private 
        data on an individual when the investigation becomes inactive. 
           Sec. 22.  Minnesota Statutes 1994, section 13.82, 
        subdivision 10, is amended to read: 
           Subd. 10.  [PROTECTION OF IDENTITIES.] A law enforcement 
        agency or a law enforcement dispatching agency working under 
        direction of a law enforcement agency may shall withhold public 
        access to data on individuals to protect the identity of 
        individuals in the following circumstances: 
           (a) when access to the data would reveal the identity of an 
        undercover law enforcement officer, as provided in section 
        13.43, subdivision 5; 
           (b) when access to the data would reveal the identity of a 
        victim or alleged victim of criminal sexual conduct or of a 
        violation of section 617.246, subdivision 2; 
           (c) when access to the data would reveal the identity of a 
        paid or unpaid informant being used by the agency if the agency 
        reasonably determines that revealing the identity of the 
        informant would threaten the personal safety of the informant; 
           (d) when access to the data would reveal the identity of a 
        victim of or witness to a crime if the victim or witness 
        specifically requests not to be identified publicly, and unless 
        the agency reasonably determines that revealing the identity of 
        the victim or witness would not threaten the personal safety or 
        property of the individual; 
           (e) when access to the data would reveal the identity of a 
        deceased person whose body was unlawfully removed from a 
        cemetery in which it was interred; 
           (f) when access to the data would reveal the identity of a 
        person who placed a call to a 911 system or the identity or 
        telephone number of a service subscriber whose phone is used to 
        place a call to the 911 system and:  (1) the agency determines 
        that revealing the identity may threaten the personal safety or 
        property of any person; or (2) the object of the call is to 
        receive help in a mental health emergency.  For the purposes of 
        this paragraph, a voice recording of a call placed to the 911 
        system is deemed to reveal the identity of the caller; or 
           (g) when access to the data would reveal the identity of a 
        juvenile witness and the agency reasonably determines that the 
        subject matter of the investigation justifies protecting the 
        identity of the witness.  
           Data concerning individuals whose identities are protected 
        by this subdivision are private data about those individuals.  
        Law enforcement agencies shall establish procedures to acquire 
        the data and make the decisions necessary to protect the 
        identity of individuals described in clauses (c), (d), (f), and 
        (g). 
           Sec. 23.  Minnesota Statutes 1994, section 13.82, is 
        amended by adding a subdivision to read: 
           Subd. 17.  [BOOKING PHOTOGRAPHS.] (a) For purposes of this 
        subdivision, "booking photograph" means a photograph or 
        electronically produced image taken by law enforcement for 
        identification purposes in connection with the arrest of a 
        person. 
           (b) Except as otherwise provided in this subdivision, a 
        booking photograph is public data.  A law enforcement agency may 
        temporarily withhold access to a booking photograph if the 
        agency determines that access will adversely affect an active 
        investigation. 
           Sec. 24.  Minnesota Statutes 1994, section 13.83, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PUBLIC DATA.] Unless specifically classified 
        otherwise by state statute or federal law, the following data 
        created or collected by a medical examiner or coroner on a 
        deceased individual is public:  name of the deceased; date of 
        birth; date of death; address; sex; race; citizenship; height; 
        weight; hair color; eye color; build; complexion; age, if known, 
        or approximate age; identifying marks, scars and amputations; a 
        description of the decedent's clothing; marital status; location 
        of death including name of hospital where applicable; name of 
        spouse; whether or not the decedent ever served in the armed 
        forces of the United States; social security number; occupation; 
        business; father's name (also birth name, if different); 
        mother's name (also birth name, if different); birthplace; 
        birthplace of parents; cause of death; causes of cause of death; 
        whether an autopsy was performed and if so, whether it was 
        conclusive; date and place of injury, if applicable, including 
        work place; how injury occurred; whether death was caused by 
        accident, suicide, homicide, or was of undetermined cause; 
        certification of attendance by physician; physician's name and 
        address; certification by coroner or medical examiner; name and 
        signature of coroner or medical examiner; type of disposition of 
        body; burial place name and location, if applicable; date of 
        burial, cremation or removal; funeral home name and address; and 
        name of local register or funeral director.  
           Sec. 25.  Minnesota Statutes 1994, section 13.89, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [MENTAL RETARDATION.] Data on clients and 
        residents of facilities or programs licensed pursuant to 
        sections 144.50 to 144.58, 245A.01 to 245A.16, and 252.28, 
        subdivision 2, may be disseminated to the protection and 
        advocacy system established in this state pursuant to Part C of 
        Public Law Number 98-527 to protect the legal and human rights 
        of persons with mental retardation or other related conditions 
        who live in residential facilities or programs for these persons 
        if: 
           (1) the protection and advocacy system receives a complaint 
        by or on behalf of that person; and 
           (2) the person does not have a legal guardian or the state 
        or a designee of the state is the legal guardian of the person. 
           Sec. 26.  Minnesota Statutes 1994, section 13.90, is 
        amended to read: 
           13.90 [GOVERNMENT DATA PRACTICES JUDICIARY EXEMPT.] 
           Subdivision 1.  [DEFINITION.] For purposes of this section, 
        "judiciary" means any office, officer, department, division, 
        board, commission, committee, or agency of the courts of this 
        state, whether or not of record, including but not limited to 
        the board of law examiners, the lawyer's professional 
        responsibility board, the board of judicial standards, the 
        lawyer's trust account board, the state law library, the state 
        court administrator's office, the district court administrator's 
        office, and the office of the court administrator. 
           Subd. 2.  [APPLICATION EXEMPTION.] The judiciary shall be 
        governed by this chapter until August 1, 1987, or until the 
        implementation of rules adopted by the supreme court regarding 
        access to data, whichever comes first.  Any data made a part of 
        a criminal or civil case shall not be governed by this chapter 
        at any time.  The judiciary is not governed by this chapter.  
        Access to data of the judiciary is governed by rules adopted by 
        the supreme court. 
           Sec. 27.  Minnesota Statutes 1994, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 76a.  [NAME CHANGES OF PROTECTED WITNESSES AND 
        VICTIMS.] Court records of name changes of participants in a 
        witness and victim protection program are governed by section 
        259.10, subdivision 2. 
           Sec. 28.  [13B.05] [REMEDIES.] 
           The remedies and penalties in sections 13.08 and 13.09 
        apply to this chapter. 
           Sec. 29.  Minnesota Statutes 1994, section 41B.211, is 
        amended to read: 
           41B.211 [DATA PRIVACY.] 
           Subdivision 1.  [DATA ON INDIVIDUALS.] Financial 
        information, including credit reports, financial statements, and 
        net worth calculations, received or prepared by the authority 
        regarding any authority loan and the name of each individual who 
        is the recipient of a loan are private data on individuals, 
        under chapter 13, except that information obtained under the 
        agricultural development bond program in sections 41C.01 to 
        41C.13 may be released as required by federal tax law. 
           Subd. 2.  [DATA NOT ON INDIVIDUALS.] The following data 
        submitted to the authority by businesses that are requesting 
        financial assistance are nonpublic data as defined in section 
        13.02:  financial information about the applicant, including 
        credit reports, financial statements, net worth calculations, 
        business plans, income and expense projections, customer lists, 
        market and feasibility studies not paid for with public funds, 
        tax returns, and financial reports provided to the authority 
        after closing of the financial assistance. 
           Sec. 30.  Minnesota Statutes 1994, section 128C.17, is 
        amended to read: 
           128C.17 [LEAGUE IS SUBJECT TO DATA PRACTICES ACT.] 
           The collection, creation, receipt, maintenance, 
        dissemination, or use of information by the state high school 
        league is subject to chapter 13.  The league must make data 
        relating to its eligibility determinations available to the 
        public in the form of summary data, with all personal 
        identifiers removed. 
           Sec. 31.  Minnesota Statutes 1994, section 144.0721, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ACCESS TO DATA.] With the exception of summary 
        data, data on individuals that is collected, maintained, used, 
        or disseminated by the commissioner of health under subdivision 
        1 is private data on individuals and shall not be disclosed to 
        others except:  
           (1) under section 13.05; 
           (2) under a valid court order; 
           (3) to the nursing home or boarding care home in which the 
        individual resided at the time the assessment was completed; or 
           (4) to the commissioner of human services; or 
           (5) to county home care staff for the purpose of assisting 
        the individual to be discharged from a nursing home or boarding 
        care home and returned to the community.  
           Sec. 32.  Minnesota Statutes 1994, section 144.218, 
        subdivision 4, is amended to read: 
           Subd. 4.  [INCOMPLETE AND, INCORRECT, AND MODIFIED 
        CERTIFICATES.] If a court finds that a birth certificate is 
        incomplete, inaccurate or false, or if it is being issued 
        pursuant to section 259.10, subdivision 2, it may order the 
        registration of a new certificate, and shall, if necessary, set 
        forth the correct information in the order.  Upon receipt of the 
        order the state registrar shall register a new certificate 
        containing the findings of the court, and the prior certificate 
        shall be confidential pursuant to section 13.02, subdivision 3, 
        and shall not be disclosed except pursuant to court order. 
           Sec. 33.  Minnesota Statutes 1994, section 144.225, is 
        amended by adding a subdivision to read: 
           Subd. 2a.  [HEALTH DATA ASSOCIATED WITH BIRTH 
        REGISTRATION.] Information from which an identification of risk 
        for disease, disability, or developmental delay in a mother or 
        child can be made, that is collected in conjunction with birth 
        registration or fetal death reporting, is private data as 
        defined in section 13.02, subdivision 12.  The commissioner may 
        disclose to a local board of health, as defined in section 
        145A.02, subdivision 2, health data associated with birth 
        registration which identifies a mother or child at high risk for 
        serious disease, disability, or developmental delay in order to 
        assure access to appropriate health, social, or educational 
        services. 
           Sec. 34.  Minnesota Statutes 1994, section 144.335, 
        subdivision 3a, is amended to read: 
           Subd. 3a.  [PATIENT CONSENT TO RELEASE OF RECORDS; 
        LIABILITY.] (a) A provider, or a person who receives health 
        records from a provider, may not release a patient's health 
        records to a person without a signed and dated consent from the 
        patient or the patient's legally authorized representative 
        authorizing the release, unless the release is specifically 
        authorized by law.  Except as provided in paragraph (c), a 
        consent is valid for one year or for a lesser period specified 
        in the consent or for a different period provided by law.  
           (b) This subdivision does not prohibit the release of 
        health records: 
           (1) for a medical emergency when the provider is unable to 
        obtain the patient's consent due to the patient's condition or 
        the nature of the medical emergency; or 
           (2) to other providers within related health care entities 
        when necessary for the current treatment of the patient. 
           (c) Notwithstanding paragraph (a), if a patient explicitly 
        gives informed consent to the release of health records for the 
        purposes and pursuant to the restrictions in clauses (1) and 
        (2), the consent does not expire after one year for: 
           (1) the release of health records to a provider who is 
        being advised or consulted with in connection with the current 
        treatment of the patient; 
           (2) the release of health records to an accident and health 
        insurer, health service plan corporation, health maintenance 
        organization, or third-party administrator for purposes of 
        payment of claims, fraud investigation, or quality of care 
        review and studies, provided that: 
           (i) the use or release of the records complies with 
        sections 72A.49 to 72A.505; 
           (ii) further use or release of the records in individually 
        identifiable form to a person other than the patient without the 
        patient's consent is prohibited; and 
           (iii) the recipient establishes adequate safeguards to 
        protect the records from unauthorized disclosure, including a 
        procedure for removal or destruction of information that 
        identifies the patient. 
           (d) Until June 1, 1996, paragraph (a) does not prohibit the 
        release of health records to qualified personnel solely for 
        purposes of medical or scientific research, if the patient has 
        not objected to a release for research purposes and the provider 
        who releases the records makes a reasonable effort to determine 
        that: 
           (i) the use or disclosure does not violate any limitations 
        under which the record was collected; 
           (ii) the use or disclosure in individually identifiable 
        form is necessary to accomplish the research or statistical 
        purpose for which the use or disclosure is to be made; 
           (iii) the recipient has established and maintains adequate 
        safeguards to protect the records from unauthorized disclosure, 
        including a procedure for removal or destruction of information 
        that identifies the patient; and 
           (iv) further use or release of the records in individually 
        identifiable form to a person other than the patient without the 
        patient's consent is prohibited. 
           (e) A person who negligently or intentionally releases a 
        health record in violation of this subdivision, or who forges a 
        signature on a consent form, or who obtains under false 
        pretenses the consent form or health records of another person, 
        or who, without the person's consent, alters a consent form, is 
        liable to the patient for compensatory damages caused by an 
        unauthorized release, plus costs and reasonable attorney's fees. 
           (f) Upon the written request of a spouse, parent, child, or 
        sibling of a patient being evaluated for or diagnosed with 
        mental illness, a provider shall inquire of a patient whether 
        the patient wishes to authorize a specific individual to receive 
        information regarding the patient's current and proposed course 
        of treatment.  If the patient so authorizes, the provider shall 
        communicate to the designated individual the patient's current 
        and proposed course of treatment.  Paragraph (a) applies to 
        consents given under this paragraph. 
           Sec. 35.  Minnesota Statutes 1994, section 144.3351, is 
        amended to read: 
           144.3351 [IMMUNIZATION DATA.] 
           Providers as defined in section 144.335, subdivision 1, 
        group purchasers as defined in section 62J.03, subdivision 6, 
        elementary or secondary schools or child care facilities as 
        defined in section 123.70, subdivision 9, public or private 
        post-secondary educational institutions as defined in section 
        135A.14, subdivision 1, paragraph (b), a board of health as 
        defined in section 145A.02, subdivision 2, community action 
        agencies as defined in section 268.53, subdivision 1, and the 
        commissioner of health may exchange immunization data with one 
        another, without the patient's consent, on the date and type of 
        immunizations administered to a patient, regardless of the date 
        of immunization, if the person requesting access provides 
        services on behalf of the patient.  For purposes of this section 
        immunization data includes:  
           (1) patient's name, address, date of birth, gender, parent 
        or guardian's name; and 
           (2) date vaccine was received, vaccine type, lot number, 
        and manufacturer of all immunizations received by the patient, 
        and whether there is a contraindication or an adverse reaction 
        indication. 
           This section applies to all immunization data, regardless 
        of when the immunization occurred. 
           Sec. 36.  Minnesota Statutes 1994, section 171.07, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [FILING PHOTOGRAPHS OR IMAGES; DATA 
        CLASSIFICATION.] The department shall file, or contract to file, 
        all photographs or electronically produced images obtained in 
        the process of issuing driver licenses or Minnesota 
        identification cards.  The photographs or electronically 
        produced images shall be private data pursuant to section 13.02, 
        subdivision 12.  Notwithstanding section 13.04, subdivision 3, 
        the department shall not be required to provide copies of 
        photographs or electronically produced images to data subjects.  
        The use of the files is restricted: 
           (1) to the issuance and control of driver licenses; 
           (2) for law enforcement purposes in the investigation and 
        prosecution of felonies and violations of section 169.09; 
        169.121; 169.123; 169.129; 171.22; 171.24; 171.30; 609.41; 
        609.487, subdivision 3; 609.631, subdivision 4, clause (3); 
        609.821, subdivision 3, clauses (1), item (iv), and (3); or 
        617.23 crimes; and 
           (3) for child support enforcement purposes under section 
        256.978. 
           Sec. 37.  Minnesota Statutes 1994, section 171.12, 
        subdivision 3, is amended to read: 
           Subd. 3.  [APPLICATIONS AND RECORDS, WHEN DESTROYED.] The 
        department may cause applications for drivers' licenses and 
        instruction permits, and related records, to be destroyed 
        immediately after the period for which issued, except that: 
           (1) the driver's record pertaining to revocations, 
        suspensions, cancellations, disqualifications, convictions, and 
        accidents shall be cumulative and kept for a period of at least 
        five years; and 
           (2) the driver's record pertaining to the alcohol-related 
        offenses and licensing actions listed in section 169.121, 
        subdivision 3, and to violations of sections 169.1211 and 
        171.24, subdivision 5, shall be cumulative and kept for a period 
        of at least 15 years. 
           Sec. 38.  [181.973] [EMPLOYEE PEER COUNSELING DEBRIEFING.] 
           A person engaged in a public safety peer counseling 
        debriefing shall not, without the permission of the person being 
        debriefed, be allowed to disclose any information or opinion 
        which the peer group member has acquired during the debriefing.  
        However, this does not prohibit a peer counselor from disclosing 
        information the peer counselor reasonably believes indicates 
        that the person may be a danger to self or others, if the 
        information is used only for the purpose of eliminating the 
        danger to the person or others.  Any information or opinion 
        disclosed in violation of this paragraph is not admissible as 
        evidence in any personnel or occupational licensing matter 
        involving the person being debriefed.  
           For purposes of this paragraph, "public safety peer 
        counseling debriefing" means a group process oriented debriefing 
        session held for peace officers, firefighters, medical emergency 
        persons, dispatchers, or other persons involved with public 
        safety emergency services, that is established by any agency 
        providing public safety emergency services and is designed to 
        help a person who has suffered an occupation-related traumatic 
        event begin the process of healing and effectively dealing with 
        posttraumatic stress. 
           Sec. 39.  Minnesota Statutes 1994, section 259.10, is 
        amended to read: 
           259.10 [PROCEDURE GENERAL REQUIREMENTS.] 
           Subdivision 1.  [PROCEDURE.] A person who shall have 
        resided in this state for six months may apply to the district 
        court in the county where the person resides to change the 
        person's name, the names of minor children, if any, and the name 
        of a spouse, if the spouse joins in the application, in the 
        manner herein specified.  The person shall state in the 
        application the name and age of the spouse and each of the 
        children, if any, and shall describe all lands in the state in 
        or upon which the person, the children and the spouse if their 
        names are also to be changed by the application, claim any 
        interest or lien, and shall appear personally before the court 
        and prove identity by at least two witnesses.  If the person be 
        a minor, the application shall be made by the person's guardian 
        or next of kin.  The court shall accept the certificate of 
        dissolution prepared pursuant to section 518.148 as conclusive 
        evidence of the facts recited in the certificate and may not 
        require the person to provide the court a copy of the judgment 
        and decree of dissolution.  Every person who, with intent to 
        defraud, shall make a false statement in any such application 
        shall be guilty of a misdemeanor provided, however, that no 
        minor child's name may be changed without both parents having 
        notice of the pending of the application for change of name, 
        whenever practicable, as determined by the court. 
           Subd. 2.  [WITNESS AND VICTIM PROTECTION NAME CHANGES; 
        PRIVATE DATA.] If the court determines that the name change for 
        an individual is made in connection with the individual's 
        participation in a witness and victim protection program, the 
        court shall order that the court records of the name change are 
        not accessible to the public; except that they may be released, 
        upon request, to a law enforcement agency, probation officer, or 
        corrections agent conducting a lawful investigation.  The 
        existence of an application for a name change described in this 
        subdivision may not be disclosed except to a law enforcement 
        agency conducting a lawful investigation. 
           Sec. 40.  Minnesota Statutes 1994, section 268.0122, is 
        amended by adding a subdivision to read: 
           Subd. 7.  [CLASSIFICATION OF DATA ON INDIVIDUALS.] Data 
        collected on individuals pursuant to a program operated by the 
        commissioner are private data on individuals as defined in 
        section 13.02, subdivision 12, unless more restrictively 
        classified by law. 
           Sec. 41.  Minnesota Statutes 1994, section 268.0124, is 
        amended to read: 
           268.0124 [PLAIN LANGUAGE IN WRITTEN MATERIALS.] 
           (a) To the extent reasonable and consistent with the goals 
        of providing easily understandable and readable materials and 
        complying with federal and state laws governing the programs, 
        all written materials relating to services and determinations of 
        eligibility for or amounts of benefits that will be given to 
        applicants for or recipients of assistance under a program 
        administered or supervised by the commissioner of economic 
        security must be understandable to a person who reads at the 
        seventh-grade level, using the Flesch scale analysis readability 
        score as determined under section 72C.09 of average intelligence 
        and education. 
           (b) All written materials relating to determinations of 
        eligibility for or amounts of benefits that will be given to 
        applicants for or recipients of assistance under programs 
        administered or supervised by the commissioner of economic 
        security must be developed to satisfy the plain language 
        requirements of the plain language contract act under sections 
        325G.29 to 325G.36.  Materials may be submitted to the attorney 
        general for review and certification.  Notwithstanding section 
        325G.35, subdivision 1, the attorney general shall review 
        submitted materials to determine whether they comply with the 
        requirements of section 325G.31.  The remedies available 
        pursuant to sections 8.31 and 325G.33 to 325G.36 do not apply to 
        these materials.  Failure to comply with this section does not 
        provide a basis for suspending the implementation or operation 
        of other laws governing programs administered by the 
        commissioner. 
           (c) The requirements of this section apply to all materials 
        modified or developed by the commissioner on or after July 1, 
        1988.  The requirements of this section do not apply to 
        materials that must be submitted to a federal agency for 
        approval, to the extent that application of the requirements 
        prevents federal approval. 
           (d) Nothing in this section may be construed to prohibit a 
        lawsuit brought to require the commissioner to comply with this 
        section or to affect individual appeal rights granted pursuant 
        to section 268.10. 
           (e) The commissioner shall report annually to the chairs of 
        the health and human services divisions of the senate finance 
        committee and the house of representatives appropriations 
        committee on the number and outcome of cases that raise the 
        issue of the commissioner's compliance with this section. 
           Sec. 42.  Minnesota Statutes 1994, section 270B.02, 
        subdivision 3, is amended to read: 
           Subd. 3.  [CONFIDENTIAL DATA ON INDIVIDUALS; PROTECTED 
        NONPUBLIC DATA.] (a) Except as provided in paragraph (b), 
        names the name or existence of informers an informer, informer 
        letters, and other unsolicited data, in whatever form, given to 
        the department of revenue by a person, other than the data 
        subject, who informs that a specific taxpayer is not or may not 
        be in compliance with tax laws, or nontax laws administered by 
        the department of revenue, are confidential data on individuals 
        or protected nonpublic data as defined in section 13.02, 
        subdivisions 3 and 13. 
           (b) Data under paragraph (a) may be disclosed with the 
        consent of the informer or upon a written finding by a court 
        that the information provided by the informer was false and that 
        there is evidence that the information was provided in bad 
        faith.  This subdivision does not alter disclosure 
        responsibilities or obligations under the rules of criminal 
        procedure. 
           Sec. 43.  Minnesota Statutes 1994, section 270B.03, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [WHO MAY INSPECT.] Returns and return 
        information must, on written request, be made open to inspection 
        by or disclosure to 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; 
           (5) in the case of an estate return: 
           (i) the personal representative or trustee of the estate; 
        and 
           (ii) any heir at law, next of kin, or beneficiary of the 
        estate, but only if the commissioner finds that the heir at law, 
        next of kin, or beneficiary has a material interest that will be 
        affected by information contained in the return; 
           (6) in the case of a trust return: 
           (i) the trustee or trustees, jointly or separately; and 
           (ii) any beneficiary of the trust, but only if the 
        commissioner finds that the beneficiary has a material interest 
        that will be affected by information contained in the return; 
           (7) 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; and 
           (8) 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) 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. 44.  [270B.085] [DISCLOSURES IN COLLECTION ACTIONS.] 
           Subdivision 1.  [SEIZURE INFORMATION.] Following the 
        execution of a writ of entry under section 270.70, the 
        commissioner may disclose information identifying the individual 
        or business subject to the writ, the basis for the writ, and the 
        results of the execution, including lists of property seized. 
           Subd. 2.  [LIEN PAYOFF INFORMATION.] The commissioner may 
        disclose the outstanding obligation secured by a lien filed 
        under section 270.69, subdivision 2. 
           Sec. 45.  Minnesota Statutes 1994, section 270B.12, 
        subdivision 2, is amended to read: 
           Subd. 2.  [MUNICIPALITIES LOCAL UNITS OF GOVERNMENT.] Sales 
        and or use tax returns and return information are open to 
        inspection by or disclosure to the taxing officials of 
        any municipality local unit of government of the state of 
        Minnesota that has a local sales or use tax, for the purpose of 
        and to the extent necessary for the administration of the local 
        sales and or use tax. 
           Sec. 46.  Minnesota Statutes 1994, section 270B.14, 
        subdivision 1, as amended by Laws 1995, chapter 38, section 1, 
        is amended to read: 
           Subdivision 1.  [DISCLOSURE TO COMMISSIONER OF HUMAN 
        SERVICES.] (a) On the request of the commissioner of human 
        services, the commissioner shall disclose return information 
        regarding taxes imposed by chapter 290, and claims for refunds 
        under chapter 290A, to the extent provided in paragraph (b) and 
        for the purposes set forth in paragraph (c). 
           (b) Data that may be disclosed are limited to data relating 
        to the identity, whereabouts, employment, income, and property 
        of a person owing or alleged to be owing an obligation of child 
        support. 
           (c) The commissioner of human services may request data 
        only for the purposes of carrying out the child support 
        enforcement program and to assist in the location of parents who 
        have, or appear to have, deserted their children.  Data received 
        may be used only as set forth in section 256.978. 
           (d) The commissioner shall provide the records and 
        information necessary to administer the supplemental housing 
        allowance to the commissioner of human services.  
           (e) At the request of the commissioner of human services, 
        the commissioner of revenue shall electronically match the 
        social security numbers and names of participants in the 
        telephone assistance plan operated under sections 237.69 to 
        237.711, with those of property tax refund filers, and determine 
        whether each participant's household income is within the 
        eligibility standards for the telephone assistance plan. 
           (f) The commissioner may provide records and information 
        collected under sections 295.50 to 295.59 to the commissioner of 
        human services for purposes of the Medicaid Voluntary 
        Contribution and Provider-Specific Tax Amendments of 1991, 
        Public Law Number 102-234.  Upon the written agreement by the 
        United States Department of Health and Human Services to 
        maintain the confidentiality of the data, the commissioner may 
        provide records and information collected under sections 295.50 
        to 295.59 to the Health Care Financing Administration section of 
        the United States Department of Health and Human Services for 
        purposes of meeting federal reporting requirements.  
           (g) The commissioner may provide records and information to 
        the commissioner of human services as necessary to administer 
        the early refund of refundable tax credits. 
           Sec. 47.  Minnesota Statutes 1994, section 270B.14, 
        subdivision 11, is amended to read: 
           Subd. 11.  [DISCLOSURE TO COMMISSIONER OF HEALTH.] (a) On 
        the request of the commissioner of health, the commissioner may 
        disclose return information to the extent provided in paragraph 
        (b) and for the purposes provided in paragraph (c). 
           (b) Data that may be disclosed are limited to the 
        taxpayer's identity, as defined in section 270B.01, subdivision 
        5. 
           (c) The commissioner of health may request data only for 
        the purposes of carrying out epidemiologic investigations, which 
        includes conducting occupational health and safety surveillance, 
        and locating and notifying individuals exposed to health hazards 
        as a result of employment.  Requests for data by the 
        commissioner of health must be in writing and state the purpose 
        of the request.  Data received may be used only for the purposes 
        of section 144.0525. 
           (d) The commissioner may disclose health care service 
        revenue data to the commissioner of health as provided by 
        section 62J.41, subdivision 2. 
           Sec. 48.  [270B.161] [DATA AND INFORMATION ON MINE VALUE OF 
        ORE.] 
           Data collected from taxpayers and maintained by the 
        commissioner for the purpose of determining the mine value of 
        ore under section 298.01 are nonpublic data as defined in 
        section 13.02, subdivision 9.  
           Sec. 49.  Minnesota Statutes 1994, section 299C.11, is 
        amended to read: 
           299C.11 [IDENTIFICATION DATA FURNISHED TO BUREAU.] 
           The sheriff of each county and the chief of police of each 
        city of the first, second, and third classes shall furnish the 
        bureau, upon such form as the superintendent shall prescribe, 
        with such finger and thumb prints, photographs, distinctive 
        physical mark identification data, and other identification data 
        as may be requested or required by the superintendent of the 
        bureau, which may be taken under the provisions of section 
        299C.10, of persons who shall be convicted of a felony, gross 
        misdemeanor, or who shall be found to have been convicted of a 
        felony or gross misdemeanor, within ten years next preceding 
        their arrest.  Upon the determination of all pending criminal 
        actions or proceedings in favor of the arrested person, the 
        arrested person shall, upon demand, have all such finger and 
        thumb prints, photographs, distinctive physical mark 
        identification data, and other identification data, and all 
        copies and duplicates thereof, returned, provided it is not 
        established that the arrested person has been convicted of any 
        felony, either within or without the state, within the period of 
        ten years immediately preceding such determination.  
           For purposes of this section, "determination of all pending 
        criminal actions or proceedings in favor of the arrested person" 
        does not include: 
           (1) the sealing of a criminal record pursuant to section 
        152.18, subdivision 1, 242.31, or 609.168; or 
           (2) the arrested person's successful completion of a 
        diversion program. 
           Sec. 50.  Minnesota Statutes 1994, section 336.9-407, is 
        amended to read: 
           336.9-407 [INFORMATION FROM FILING OFFICER.] 
           (1) If the person filing any financing statement, 
        termination statement, statement of assignment, or statement of 
        release, furnishes the filing officer a copy thereof, the filing 
        officer shall upon request note upon the copy the file number 
        and date and hour of the filing of the original and deliver or 
        send the copy to such person. 
           (2) Upon request of any person, the filing officer shall 
        conduct a search of the statewide computerized uniform 
        commercial code database for any active financing statements 
        naming a particular debtor.  The filing officer shall report the 
        findings as of the date and hour of the search by issuing:  
           (a) a certificate listing the file number, date, and hour 
        of each filing and the names and addresses of each secured 
        party; 
           (b) photocopies of those original documents on file and 
        located in the office of the filing officer; or 
           (c) upon request, both the certificate and the photocopies 
        referred to in (b).  
           The uniform fee for conducting the search and for preparing 
        a certificate shall be $15 if the request is in the standard 
        form prescribed by the secretary of state.  This uniform fee 
        shall include up to ten photocopies of original documents.  If 
        the request for information is made on a form other than the 
        standard form prescribed by the secretary of state, the fee 
        shall be $20 and shall include up to ten photocopies of original 
        documents. 
           Another fee, at the same rate, shall also be charged for 
        conducting a search and preparing a certificate showing federal 
        and state tax liens on file with the filing officer naming a 
        particular debtor.  
           There shall be an additional fee of $1 per page for a 
        photocopy of each financing statement or tax lien prepared in 
        excess of the first ten.  
           Notwithstanding the fees set in this section, a natural 
        person who is the subject of data must, upon the person's 
        request, be shown the data without charge, and upon request be 
        provided with photocopies of the data upon payment of no more 
        than the actual cost of making the copies. 
           Notwithstanding section 13.49, a filing officer may include 
        social security number information in a report of the findings 
        following a search of the statewide computerized uniform 
        commercial code database or the state and federal tax liens on 
        file with the filing officer.  A filing officer may also include 
        social security number information on a photocopy of an original 
        document on file whether provided in response to a request for 
        information or in response to a request made pursuant to section 
        13.03. 
           Sec. 51.  Minnesota Statutes 1994, section 336.9-411, is 
        amended to read: 
           336.9-411 [COMPUTERIZED FILING SYSTEM.] 
           (a) The secretary of state shall develop and implement a 
        statewide computerized filing system to accumulate and 
        disseminate information relative to lien statements, financing 
        statements, state and federal tax lien notices, and other 
        uniform commercial code documents.  The computerized filing 
        system must allow information to be entered and retrieved from 
        the computerized filing system by county recorders, the 
        department of revenue, the department of economic security, and 
        the Internal Revenue Service.  
           (b) County recorders shall enter information relative to 
        lien statements, financing statements, state and federal tax 
        lien notices, and other uniform commercial code documents filed 
        in their offices into a central database maintained by the 
        secretary of state.  The information must be entered under the 
        rules of the secretary of state.  This requirement does not 
        apply to tax lien notices filed under sections 268.161, 
        subdivision 1, paragraph (b), clause (2); 270.69, subdivision 2, 
        paragraph (b), clause (2); and 272.488, subdivision 1, but does 
        apply to entry of the date and time of receipt and county 
        recorder's file number of those notices.  
           (c) The secretary of state may allow private parties to 
        have electronic-view-only access to the computerized filing 
        system and to other computerized records maintained by the 
        secretary of state on a fee basis, except that visual access to 
        electronic display terminals at the public counters at the 
        secretary of state's office will be without charge and available 
        during public counter hours.  If the computerized filing system 
        allows a form of electronic access to information regarding the 
        obligations of debtors, the access must be available 24 hours a 
        day, every day of the year. 
           Notwithstanding section 13.49, private parties who have 
        electronic-view-only access to computerized records may view the 
        social security number information about a debtor that is of 
        record. 
           (d) The secretary of state shall adopt rules to implement 
        the computerized filing system.  The secretary of state may 
        adopt permanent and emergency rules.  The rules must:  
           (1) allow filings to be made at the offices of all county 
        recorders and the secretary of state's office as required by 
        section 336.9-401; 
           (2) establish a central database for all information 
        relating to liens and security interests that are filed at the 
        offices of county recorders and the secretary of state; 
           (3) provide procedures for entering data into a central 
        database; 
           (4) allow the offices of all county recorders and the 
        secretary of state's office to add, modify, and delete 
        information in the central database as required by the uniform 
        commercial code; 
           (5) allow the offices of all county recorders and the 
        secretary of state's office to have access to the central 
        database for review and search capabilities; 
           (6) allow the offices of all county recorders to have 
        electronic-view-only access to the computerized business 
        information records on file with the secretary of state; 
           (7) require the secretary of state to maintain the central 
        database; 
           (8) provide security and protection of all information in 
        the central database and monitor the central database to ensure 
        that unauthorized entry is not allowed; 
           (9) require standardized information for entry into the 
        central database; 
           (10) prescribe an identification procedure for debtors and 
        secured parties that will enhance lien and financing statement 
        searches; and 
           (11) prescribe a procedure for phasing-in or converting 
        from the existing filing system to a computerized filing system. 
           (e) The secretary of state, county recorders, and their 
        employees and agents shall not be liable for any loss or damages 
        arising from errors in or omissions from information entered 
        into the computerized filing system as a result of the 
        electronic transmission of tax lien notices under sections 
        268.161, subdivision 1, paragraph (b), clause (2); 270.69, 
        subdivision 2, paragraph (b), clause (2); 272.483; and 272.488, 
        subdivision subdivisions 1 and 3. 
           Sec. 52.  Minnesota Statutes 1994, section 363.061, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ACCESS TO OPEN FILES.] (a) Human rights 
        investigative data on an individual, with the exception of the 
        name and address of the charging party and respondent, factual 
        basis of the allegations, and the statute under which the action 
        is brought, contained in an open case file is classified as 
        confidential.  The name and address of the charging party and 
        respondent, factual basis of the allegations, and the statute 
        under which the action is brought are classified as private data 
        until seven working days after the commissioner has mailed a 
        copy of the charge to the respondent, at which time the data 
        become public data, unless the commissioner determines that 
        release of the data would be detrimental to the investigative 
        and enforcement process. 
           (b) Human rights investigative data not on an individual 
        contained in an open case file is classified as protected 
        nonpublic data. 
           (c) Notwithstanding this subdivision, the commissioner may 
        make human rights investigative data contained in an open case 
        file accessible to a person, government agency, or the public if 
        access will aid the investigative and enforcement process. 
           Sec. 53.  Minnesota Statutes 1994, section 383B.225, 
        subdivision 6, is amended to read: 
           Subd. 6.  [INVESTIGATION PROCEDURE.] (a) Upon notification 
        of the death of any person, as provided in subdivision 5, the 
        county medical examiner or a designee may proceed to the body, 
        take charge of it, and order, when necessary, that there be no 
        interference with the body or the scene of death.  Any person 
        violating the order of the examiner is guilty of a misdemeanor.  
        The examiner or the examiner's designee shall make inquiry 
        regarding the cause and manner of death and prepare written 
        findings together with the report of death and its 
        circumstances, which shall be filed in the office of the 
        examiner.  When it appears that death may have resulted from a 
        criminal act and that further investigation is advisable, a copy 
        of the report shall be transmitted to the county attorney.  The 
        examiner may take possession of all property of the deceased, 
        mark it for identification, and make an inventory.  The examiner 
        shall take possession of all articles useful in establishing the 
        cause of death, mark them for identification and retain them 
        securely until they are no longer needed for evidence or 
        investigation.  The examiner shall release any property or 
        articles needed for any criminal investigation to law 
        enforcement officers conducting the investigation.  When a 
        reasonable basis exists for not releasing property or articles 
        to law enforcement officers, the examiner shall consult with the 
        county attorney.  If the county attorney determines that a 
        reasonable basis exists for not releasing the property or 
        articles, the examiner may retain them.  The property or 
        articles shall be returned immediately upon completion of the 
        investigation.  When the property or articles are no longer 
        needed for the investigation or as evidence, the examiner shall 
        release the property or articles to the person or persons 
        entitled to them.  Notwithstanding any other law to the 
        contrary, when personal property of a decedent has come into the 
        possession of the examiner, and is not used for a criminal 
        investigation or as evidence, and has not been otherwise 
        released as provided in this subdivision, the name of the 
        decedent shall be filed with the probate court, together with a 
        copy of the inventory of the decedent's property.  At that time, 
        an examination of the records of the probate court shall be made 
        to determine whether a will has been admitted to probate or an 
        administration has been commenced.  Property of a nominal value, 
        including wearing apparel, may be released to the spouse or any 
        blood relative of the decedent or to the person accepting 
        financial responsibility for burial of the decedent.  If 
        property has not been released by the examiner and no will has 
        been admitted to probate or administration commenced within six 
        months after death, the examiner shall sell the property at a 
        public auction upon notice and in a manner as the probate court 
        may direct; except that the examiner shall cause to be destroyed 
        any firearm or other weapon that is not released to or claimed 
        by a decedent's spouse or blood relative.  If the name of the 
        decedent is not known, the examiner shall inventory the property 
        of the decedent and after six months may sell the property at a 
        public auction.  The examiner shall be allowed reasonable 
        expenses for the care and sale of the property and shall deposit 
        the net proceeds of the sale with the county administrator, or 
        the administrator's designee, in the name of the decedent, if 
        known.  If the decedent is not known, the examiner shall 
        establish a means of identifying the property of the decedent 
        with the unknown decedent and shall deposit the net proceeds of 
        the sale with the county administrator, or a designee, so, that, 
        if the unknown decedent's identity is established within six 
        years, the proceeds can be properly distributed.  In either 
        case, duplicate receipts shall be provided to the examiner, one 
        of which shall be filed with the court, the other of which shall 
        be retained in the office of the examiner.  If a representative 
        shall qualify within six years from the time of deposit, the 
        county administrator, or a designee, shall pay the amount of the 
        deposit to the representative upon order of the court.  If no 
        order is made within six years, the proceeds of the sale shall 
        become a part of the general revenue of the county. 
           (b) For the purposes of this section, health-related 
        records or data on a decedent, except health data defined in 
        section 13.38, whose death is being investigated under this 
        section, whether the records or data are recorded or unrecorded, 
        including but not limited to those concerning medical, surgical, 
        psychiatric, psychological, or any other consultation, 
        diagnosis, or treatment, including medical imaging, shall be 
        made promptly available to the medical examiner, upon the 
        medical examiner's written request, by a person having custody 
        of, possession of, access to, or knowledge of the records or 
        data.  In cases involving a stillborn infant or the death of a 
        fetus or an infant less than one year of age, the records on the 
        decedent's mother shall also be made promptly available to the 
        medical examiner.  The medical examiner shall pay the reasonable 
        costs of copies of records or data provided to the medical 
        examiner under this section.  Data collected or created pursuant 
        to this subdivision relating to any psychiatric, psychological, 
        or mental health consultation with, diagnosis of, or treatment 
        of the decedent whose death is being investigated shall remain 
        confidential or protected nonpublic data, except that the 
        medical examiner's report may contain a summary of such data. 
           Sec. 54.  Minnesota Statutes 1994, section 388.24, 
        subdivision 4, is amended to read: 
           Subd. 4.  [REPORTING OF DATA TO CRIMINAL JUSTICE 
        INFORMATION SYSTEM (CJIS).] Effective August 1, 1997, every 
        county attorney who establishes a diversion program under this 
        section shall report the following information to the bureau of 
        criminal apprehension: 
           (1) the name and date of birth of each diversion program 
        participant and any other identifying information the 
        superintendent considers necessary; 
           (2) the date on which the individual began to participate 
        in the diversion program; 
           (3) the date on which the individual is expected to 
        complete the diversion program; 
           (4) the date on which the individual successfully completed 
        the diversion program, where applicable; and 
           (5) the date on which the individual was removed from the 
        diversion program for failure to successfully complete the 
        individual's goals, where applicable. 
           The superintendent shall cause the information described in 
        this subdivision to be entered into and maintained in the 
        criminal history file of the Minnesota criminal justice 
        information system. 
           Sec. 55.  Minnesota Statutes 1994, section 401.065, 
        subdivision 3a, is amended to read: 
           Subd. 3a.  [REPORTING OF DATA TO CRIMINAL JUSTICE 
        INFORMATION SYSTEM (CJIS).] (a) Every county attorney who 
        establishes a diversion program under this section shall report 
        the following information to the bureau of criminal apprehension:
           (1) the name and date of birth of each diversion program 
        participant and any other identifying information the 
        superintendent considers necessary; 
           (2) the date on which the individual began to participate 
        in the diversion program; 
           (3) the date on which the individual is expected to 
        complete the diversion program; 
           (4) the date on which the individual successfully completed 
        the diversion program, where applicable; and 
           (5) the date on which the individual was removed from the 
        diversion program for failure to successfully complete the 
        individual's goals, where applicable. 
           The superintendent shall cause the information described in 
        this subdivision to be entered into and maintained in the 
        criminal history file of the Minnesota criminal justice 
        information system. 
           (b) Effective August 1, 1997, the reporting requirements of 
        this subdivision shall apply to misdemeanor offenses. 
           Sec. 56.  Laws 1993, chapter 192, section 110, is amended 
        to read: 
           Sec. 110.  [REPEALER.] 
           (a) Minnesota Statutes 1992, section 309.502, is repealed.  
           (b) Minnesota Statutes 1992, sections 16A.095, subdivision 
        3; 16A.123; 16A.128; 16A.1281; 16A.35; 16A.45, subdivisions 2 
        and 3; 16A.80; and 290A.24, are repealed. 
           (c) Minnesota Statutes 1992, section 13.072, is repealed 
        effective August 1, 1995. 
           Sec. 57.  [CRIMINAL AND JUVENILE INFORMATION POLICY GROUP 
        REPORT.] 
           By January 15, 1996, the criminal and juvenile information 
        policy group shall report to the chairs of the senate crime 
        prevention committee and house of representatives judiciary 
        committee on recommendations for additional offenses to be 
        subject to identification reporting requirements of Minnesota 
        Statutes, section 299C.10, subdivision 1, and on processes for 
        expungement, correction of inaccurate records, destruction of 
        records, and other matters relating to the privacy interests of 
        individuals as they relate to the development of the juvenile 
        criminal history system, the statewide misdemeanor system, and 
        the tracking system for domestic abuse orders for protection. 
           Sec. 58.  [13.385] [HUNTINGTON'S DISEASE DATA.] 
           All data created, collected, received, or maintained by the 
        commissioner of health on individuals relating to genetic 
        counseling services for Huntington's Disease provided by the 
        department of health is private data on individuals.  The data 
        may be permanently transferred from the department to the 
        Hennepin county medical center, and once transferred, shall 
        continue to be classified as private data on individuals. 
           Sec. 59.  [PROCESS FOR RESOLVING DATA DISPUTES.] 
           The commissioner of administration in consultation with the 
        commissioner of human services, county attorneys, legal 
        services, local social service agencies, community agencies, and 
        interested citizens shall develop a process for resolving 
        disputes about the accuracy and completeness of data on 
        individuals at the point where the disputed data is held and for 
        the lowest possible cost.  If the process requires legislation 
        to implement, the commissioner of administration shall propose 
        such legislation by February 1, 1996. 
           Sec. 60.  [REPORT.] 
           (a) The government information access council shall report 
        recommendations regarding state and local government 
        intellectual property to the legislature by January 15, 1996. 
           (b) To the extent feasible, the government information 
        access council shall prepare an inventory of state intellectual 
        property and a report on the inventory to the legislature by 
        January 15, 1996.  
           Sec. 61. [FINANCIAL ASSISTANCE DATA POLICY.] 
           The data practices subcommittees of the house of 
        representatives and the senate shall study and recommend a 
        uniform statutory policy for the treatment of financial 
        assistance data.  The subcommittees, in cooperation with 
        appropriate state agencies, statewide systems, and political 
        subdivisions, shall develop legislative recommendations by 
        January 15, 1996, based on information regarding: 
           (1) the purpose of the various kinds of financial 
        assistance available to businesses and individuals, and the 
        types of projects supported by the financial assistance; 
           (2) current practice regarding the kinds of data collected 
        from applicants for and recipients of financial assistance, and 
        how the data are collected; 
           (3) types of financial information and any other 
        information collected in order to make award determinations; 
           (4) the proprietary value of data collected from applicants 
        and recipients, including whether any data involve trade 
        secrets; and 
           (5) at what point in the application or award process 
        various kinds of data are collected and when, if ever, the 
        various kinds of data should not become public. 
           Sec. 62.  [REPEALER.] 
           Minnesota Statutes 1994, sections 13.06, subdivision 6; 
        13.38, subdivision 4; 13.69, subdivision 2; 13.71, subdivisions 
        9, 10, 11, 12, 13, 14, 15, 16, and 17; 13B.04; and Laws 1990, 
        chapter 566, section 9, as amended by Laws 1992, chapter 569, 
        section 36, and Laws 1994, chapter 618, article 1, section 47, 
        are repealed. 
           Sec. 63.  [EFFECTIVE DATE.] 
           Sections 2, 3, 42, 44, 46, 49, 50, 51, and 56 are effective 
        the day following final enactment.  Section 36 is effective July 
        1, 1998. 
                                   ARTICLE 2
                      INFORMATION POLICY TRAINING PROGRAM
           Section 1.  [13.073] [PUBLIC INFORMATION POLICY TRAINING 
        PROGRAM.] 
           Subdivision 1.  [ESTABLISHMENT.] The commissioner may 
        establish a program for training state and local government 
        officials and employees on public information policy, including 
        government data practices laws and official records and records 
        management statutes.  The program may provide for the 
        development of broad-based expertise within state and local 
        government entities.  The program components may include basic 
        training, specific training for specialized service sectors, and 
        policy analysis and support. 
           Subd. 2.  [GENERAL PROVISIONS.] The commissioner may 
        publicize the development and implementation of the training 
        program under this section and seek input from state and local 
        government entities.  The commissioner may prepare a training 
        guide that includes an overview of the training program and its 
        components. 
           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 in developing 
        training expertise within their own agencies and offer 
        assistance for periodic training sessions for this purpose. 
           Subd. 4.  [SECTOR-SPECIFIC TRAINING.] (a) The 
        sector-specific training component should be designed to provide 
        for the development of specific expertise needed to deal with 
        information policy issues within a particular service area.  
        Service areas may include government entities such as state 
        agencies, counties, cities, or school districts, or functional 
        areas such as education, human services, child protection, or 
        law enforcement.  This component should focus on training 
        individuals who implement or administer data practices and other 
        information policy laws within their government entity. 
           (b) The commissioner may provide technical assistance and 
        support and help coordinate efforts to develop sector-specific 
        training within different sectors.  Elements of sector-specific 
        training should include: 
           (1) designation, training, and coordination of data 
        practices specialists with responsibility for clarification and 
        resolution of sector-specific information policy issues; 
           (2) development of telephone hot lines within different 
        sectors for handling information policy inquiries; 
           (3) development of forums under which individuals with 
        ongoing information policy administrative responsibilities may 
        meet to discuss issues arising within their sectors; 
           (4) availability of expertise for coaching and consultation 
        on specific issues; and 
           (5) preparation of publications, including reference guides 
        to materials and resource persons. 
           Subd. 5.  [POLICY ANALYSIS AND SUPPORT.] The policy 
        analysis and support component should be designed to address 
        information policy issues at the policy level and to provide 
        ongoing consultation and support regarding major areas of 
        concern with a goal of developing a coherent and coordinated 
        approach to information policy within the state.  The 
        commissioner may assist in the development and implementation of 
        information policy and provide a clearinghouse for ideas, 
        information, and resources.  The commissioner may review public 
        information policy and identify how that policy can be updated, 
        simplified, and made consistent. 
           Sec. 2.  [REPORT.] 
           By January 15, 1996, the commissioner of administration 
        shall report to the legislature on progress in implementing the 
        training program under section 1.  The report must include 
        recommendations and cost estimates for accelerated 
        implementation of the training plan. 
                                   ARTICLE 3
                    TECHNICAL CHANGES DOMESTIC ASSAULT CRIME 
           Section 1.  Minnesota Statutes 1994, section 148B.68, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PROHIBITED CONDUCT.] The commissioner may 
        impose disciplinary action as described in section 148B.69 
        against any unlicensed mental health practitioner.  The 
        following conduct is prohibited and is grounds for disciplinary 
        action: 
           (a) Conviction of a crime, including a finding or verdict 
        of guilt, an admission of guilt, or a no contest plea, in any 
        court in Minnesota or any other jurisdiction in the United 
        States, reasonably related to the provision of mental health 
        services.  Conviction, as used in this subdivision, includes a 
        conviction of an offense which, if committed in this state, 
        would be deemed a felony or gross misdemeanor without regard to 
        its designation elsewhere, or a criminal proceeding where a 
        finding or verdict of guilty is made or returned but the 
        adjudication of guilt is either withheld or not entered. 
           (b) Conviction of crimes against persons.  For purposes of 
        this chapter, a crime against a person means violations of the 
        following:  sections 609.185; 609.19; 609.195; 609.20; 609.205; 
        609.21; 609.215; 609.221; 609.222; 609.223; 609.224; 609.2242; 
        609.23; 609.231; 609.235; 609.24; 609.245; 609.25; 609.255; 
        609.26, subdivision 1, clause (1) or (2); 609.265; 609.342; 
        609.343; 609.344; 609.345; 609.365; 609.498, subdivision 1; 
        609.50, clause (1); 609.561; 609.562; and 609.595. 
           (c) Failure to comply with the self-reporting requirements 
        of section 148B.63, subdivision 6. 
           (d) Engaging in sexual contact with a client or former 
        client as defined in section 148A.01, or engaging in contact 
        that may be reasonably interpreted by a client as sexual, or 
        engaging in any verbal behavior that is seductive or sexually 
        demeaning to the patient, or engaging in sexual exploitation of 
        a client or former client. 
           (e) Advertising that is false, fraudulent, deceptive, or 
        misleading. 
           (f) Conduct likely to deceive, defraud, or harm the public; 
        or demonstrating a willful or careless disregard for the health, 
        welfare, or safety of a client; or any other practice that may 
        create unnecessary danger to any client's life, health, or 
        safety, in any of which cases, proof of actual injury need not 
        be established. 
           (g) Adjudication as mentally incompetent, or as a person 
        who is dangerous to self, or adjudication pursuant to chapter 
        253B, as chemically dependent, mentally ill, mentally retarded, 
        mentally ill and dangerous to the public, or as a sexual 
        psychopathic personality or sexually dangerous person. 
           (h) Inability to provide mental health services with 
        reasonable safety to clients. 
           (i) The habitual overindulgence in the use of or the 
        dependence on intoxicating liquors. 
           (j) Improper or unauthorized personal or other use of any 
        legend drugs as defined in chapter 151, any chemicals as defined 
        in chapter 151, or any controlled substance as defined in 
        chapter 152. 
           (k) Revealing a communication from, or relating to, a 
        client except when otherwise required or permitted by law. 
           (l) Failure to comply with a client's request made under 
        section 144.335, or to furnish a client record or report 
        required by law. 
           (m) Splitting fees or promising to pay a portion of a fee 
        to any other professional other than for services rendered by 
        the other professional to the client. 
           (n) Engaging in abusive or fraudulent billing practices, 
        including violations of the federal Medicare and Medicaid laws 
        or state medical assistance laws. 
           (o) Failure to make reports as required by section 148B.63, 
        or cooperate with an investigation of the office. 
           (p) Obtaining money, property, or services from a client, 
        other than reasonable fees for services provided to the client, 
        through the use of undue influence, harassment, duress, 
        deception, or fraud. 
           (q) Undertaking or continuing a professional relationship 
        with a client in which the objectivity of the professional would 
        be impaired. 
           (r) Failure to provide the client with a copy of the client 
        bill of rights or violation of any provision of the client bill 
        of rights. 
           (s) Violating any order issued by the commissioner. 
           (t) Failure to comply with sections 148B.60 to 148B.71, and 
        the rules adopted under those sections. 
           (u) Failure to comply with any additional disciplinary 
        grounds established by the commissioner by rule. 
           Sec. 2.  Minnesota Statutes 1994, section 253B.02, 
        subdivision 4a, is amended to read: 
           Subd. 4a.  [CRIME AGAINST THE PERSON.] "Crime against the 
        person" means a violation of or attempt to violate any of the 
        following provisions:  sections 609.185; 609.19; 609.195; 
        609.20; 609.205; 609.21; 609.215; 609.221; 609.222; 609.223; 
        609.224; 609.2242; 609.23; 609.231; 609.235; 609.24; 609.245; 
        609.25; 609.255; 609.265; 609.27, subdivision 1, clause (1) or 
        (2); 609.28 if violence or threats of violence were used; 
        609.322, subdivision 1, clause (2); 609.342; 609.343; 609.344; 
        609.345; 609.365; 609.498, subdivision 1; 609.50, clause (1); 
        609.561; 609.562; and 609.595. 
           Sec. 3.  Minnesota Statutes 1994, section 260.015, 
        subdivision 28, is amended to read: 
           Subd. 28.  [CHILD ABUSE.] "Child abuse" means an act that 
        involves a minor victim and that constitutes a violation of 
        section 609.221, 609.222, 609.223, 609.224, 609.2242, 609.322, 
        609.323, 609.324, 609.342, 609.343, 609.344, 609.345, 609.377, 
        609.378, or 617.246. 
           Sec. 4.  Minnesota Statutes 1994, section 260.161, 
        subdivision 1b, is amended to read: 
           Subd. 1b.  [DISPOSITION ORDER; COPY TO SCHOOL.] (a) If a 
        juvenile is enrolled in school, the juvenile's probation officer 
        shall transmit a copy of the court's disposition order to the 
        principal or chief administrative officer of the juvenile's 
        school if the juvenile has been adjudicated delinquent for 
        committing an act on the school's property or an act: 
           (1) that would be a violation of section 609.185 
        (first-degree murder); 609.19 (second-degree murder); 609.195 
        (third-degree murder); 609.20 (first-degree manslaughter); 
        609.205 (second-degree manslaughter); 609.21 (criminal vehicular 
        homicide and injury); 609.221 (first-degree assault); 609.222 
        (second-degree assault); 609.223 (third-degree assault); 
        609.2231 (fourth-degree assault); 609.224 (fifth-degree 
        assault); 609.2242 (domestic assault); 609.24 (simple robbery); 
        609.245 (aggravated robbery); 609.25 (kidnapping); 609.255 
        (false imprisonment); 609.342 (first-degree criminal sexual 
        conduct); 609.343 (second-degree criminal sexual conduct); 
        609.344 (third-degree criminal sexual conduct); 609.345 
        (fourth-degree criminal sexual conduct); 609.3451 (fifth-degree 
        criminal sexual conduct); 609.498 (tampering with a witness); 
        609.561 (first-degree arson); 609.582, subdivision 1 or 2 
        (burglary); 609.713 (terroristic threats); or 609.749 
        (harassment and stalking), if committed by an adult; 
           (2) that would be a violation of section 152.021 
        (first-degree controlled substance crime); 152.022 
        (second-degree controlled substance crime); 152.023 
        (third-degree controlled substance crime); 152.024 
        (fourth-degree controlled substance crime); 152.025 
        (fifth-degree controlled substance crime); 152.0261 (importing a 
        controlled substance); or 152.027 (other controlled substance 
        offenses), if committed by an adult; or 
           (3) that involved the possession or use of a dangerous 
        weapon as defined in section 609.02, subdivision 6. 
           When a disposition order is transmitted under this 
        paragraph, the probation officer shall notify the juvenile's 
        parent or legal guardian that the disposition order has been 
        shared with the juvenile's school. 
           (b) The disposition order must be accompanied by a notice 
        to the school that the school may obtain additional information 
        from the juvenile's probation officer with the consent of the 
        juvenile or the juvenile's parents, as applicable.  The 
        disposition order must be maintained in the student's permanent 
        education record but may not be released outside of the school 
        district or educational entity, other than to another school 
        district or educational entity to which the juvenile is 
        transferring.  Notwithstanding section 138.17, the disposition 
        order must be destroyed when the juvenile graduates from the 
        school or at the end of the academic year when the juvenile 
        reaches age 23, whichever date is earlier. 
           (c) The juvenile's probation officer shall maintain a 
        record of disposition orders released under this subdivision and 
        the basis for the release. 
           (d) The criminal and juvenile justice information policy 
        group, in consultation with representatives of probation 
        officers and educators, shall prepare standard forms for use by 
        juvenile probation officers in forwarding information to schools 
        under this subdivision and in maintaining a record of the 
        information that is released.  
           (e) As used in this subdivision, "school" means a public or 
        private elementary, middle, or secondary school. 
           Sec. 5.  Minnesota Statutes 1994, section 299C.61, 
        subdivision 4, is amended to read: 
           Subd. 4.  [CHILD ABUSE CRIME.] "Child abuse crime" means:  
           (1) an act committed against a minor victim that 
        constitutes a violation of section 609.185, clause (5); 609.221; 
        609.222; 609.223; 609.224; 609.2242; 609.322; 609.323; 609.324; 
        609.342; 609.343; 609.344; 609.345; 609.352; 609.377; or 
        609.378; or 
           (2) a violation of section 152.021, subdivision 1, clause 
        (4); 152.022, subdivision 1, clause (5) or (6); 152.023, 
        subdivision 1, clause (3) or (4); 152.023, subdivision 2, clause 
        (4) or (6); or 152.024, subdivision 1, clause (2), (3), or (4). 
           Sec. 6.  Minnesota Statutes 1994, section 518B.01, 
        subdivision 14, is amended to read: 
           Subd. 14.  [VIOLATION OF AN ORDER FOR PROTECTION.] (a) 
        Whenever an order for protection is granted pursuant to this 
        section, and the respondent or person to be restrained knows of 
        the order, violation of the order for protection is a 
        misdemeanor.  Upon conviction, the defendant must be sentenced 
        to a minimum of three days imprisonment and must be ordered to 
        participate in counseling or other appropriate programs selected 
        by the court.  If the court stays imposition or execution of the 
        jail sentence and the defendant refuses or fails to comply with 
        the court's treatment order, the court must impose and execute 
        the stayed jail sentence.  A person is guilty of a gross 
        misdemeanor who violates this paragraph during the time period 
        between a previous conviction under this paragraph; sections 
        609.221 to 609.224; 609.2242; 609.713, subdivision 1 or 3; 
        609.748, subdivision 6; 609.749; or a similar law of another 
        state and the end of the five years following discharge from 
        sentence for that conviction.  Upon conviction, the defendant 
        must be sentenced to a minimum of ten days imprisonment and must 
        be ordered to participate in counseling or other appropriate 
        programs selected by the court.  Notwithstanding section 
        609.135, the court must impose and execute the minimum sentence 
        provided in this paragraph for gross misdemeanor convictions. 
           (b) A peace officer shall arrest without a warrant and take 
        into custody a person whom the peace officer has probable cause 
        to believe has violated an order granted pursuant to this 
        section restraining the person or excluding the person from the 
        residence or the petitioner's place of employment, even if the 
        violation of the order did not take place in the presence of the 
        peace officer, if the existence of the order can be verified by 
        the officer.  The person shall be held in custody for at least 
        36 hours, excluding the day of arrest, Sundays, and holidays, 
        unless the person is released earlier by a judge or judicial 
        officer.  A peace officer acting in good faith and exercising 
        due care in making an arrest pursuant to this paragraph is 
        immune from civil liability that might result from the officer's 
        actions. 
           (c) A violation of an order for protection shall also 
        constitute contempt of court and be subject to the penalties 
        therefor.  
           (d) If the court finds that the respondent has violated an 
        order for protection and that there is reason to believe that 
        the respondent will commit a further violation of the provisions 
        of the order restraining the respondent from committing acts of 
        domestic abuse or excluding the respondent from the petitioner's 
        residence, the court may require the respondent to acknowledge 
        an obligation to comply with the order on the record.  The court 
        may require a bond sufficient to deter the respondent from 
        committing further violations of the order for protection, 
        considering the financial resources of the respondent, and not 
        to exceed $10,000.  If the respondent refuses to comply with an 
        order to acknowledge the obligation or post a bond under this 
        paragraph, the court shall commit the respondent to the county 
        jail during the term of the order for protection or until the 
        respondent complies with the order under this paragraph.  The 
        warrant must state the cause of commitment, with the sum and 
        time for which any bond is required.  If an order is issued 
        under this paragraph, the court may order the costs of the 
        contempt action, or any part of them, to be paid by the 
        respondent.  An order under this paragraph is appealable.  
           (e) Upon the filing of an affidavit by the petitioner, any 
        peace officer, or an interested party designated by the court, 
        alleging that the respondent has violated any order for 
        protection granted pursuant to this section, the court may issue 
        an order to the respondent, requiring the respondent to appear 
        and show cause within 14 days why the respondent should not be 
        found in contempt of court and punished therefor.  The hearing 
        may be held by the court in any county in which the petitioner 
        or respondent temporarily or permanently resides at the time of 
        the alleged violation.  The court also shall refer the violation 
        of the order for protection to the appropriate prosecuting 
        authority for possible prosecution under paragraph (a). 
           (f) If it is alleged that the respondent has violated an 
        order for protection issued under subdivision 6 and the court 
        finds that the order has expired between the time of the alleged 
        violation and the court's hearing on the violation, the court 
        may grant a new order for protection under subdivision 6 based 
        solely on the respondent's alleged violation of the prior order, 
        to be effective until the hearing on the alleged violation of 
        the prior order.  If the court finds that the respondent has 
        violated the prior order, the relief granted in the new order 
        for protection shall be extended for a fixed period, not to 
        exceed one year. 
           (g) The admittance into petitioner's dwelling of an abusing 
        party excluded from the dwelling under an order for protection 
        is not a violation by the petitioner of the order for protection.
           A peace officer is not liable under section 609.43, clause 
        (1), for a failure to perform a duty required by paragraph (b). 
           Sec. 7.  Minnesota Statutes 1994, section 609.101, 
        subdivision 2, is amended to read: 
           Subd. 2.  [MINIMUM FINES.] Notwithstanding any other law:  
           (1) when a court sentences a person convicted of violating 
        section 609.221, 609.267, or 609.342, it must impose a fine of 
        not less than $500 nor more than the maximum fine authorized by 
        law; 
           (2) when a court sentences a person convicted of violating 
        section 609.222, 609.223, 609.2671, 609.343, 609.344, or 
        609.345, it must impose a fine of not less than $300 nor more 
        than the maximum fine authorized by law; and 
           (3) when a court sentences a person convicted of violating 
        section 609.2231, 609.224, 609.2242, or 609.2672, it must impose 
        a fine of not less than $100 nor more than the maximum fine 
        authorized by law.  
           The court shall collect the portion of the fine mandated by 
        this subdivision and forward 70 percent of it to a local victim 
        assistance program that provides services locally in the county 
        in which the crime was committed.  The court shall forward the 
        remaining 30 percent to the commissioner of finance to be 
        credited to the general fund.  If more than one victim 
        assistance program serves the county in which the crime was 
        committed, the court may designate on a case-by-case basis which 
        program will receive the fine proceeds, giving consideration to 
        the nature of the crime committed, the types of victims served 
        by the program, and the funding needs of the program.  If no 
        victim assistance program serves that county, the court shall 
        forward 100 percent of the fine proceeds to the commissioner of 
        finance to be credited to the general fund.  Fine proceeds 
        received by a local victim assistance program must be used to 
        provide direct services to crime victims.  
           The minimum fine required by this subdivision is in 
        addition to the surcharge or assessment required by subdivision 
        1 and is in addition to any sentence of imprisonment or 
        restitution imposed or ordered by the court. 
           As used in this subdivision, "victim assistance program" 
        means victim witness programs within county attorney offices or 
        any of the following programs:  crime victim crisis centers, 
        victim-witness programs, battered women shelters and nonshelter 
        programs, and sexual assault programs. 
           Sec. 8.  Minnesota Statutes 1994, section 609.131, 
        subdivision 2, is amended to read: 
           Subd. 2.  [CERTAIN VIOLATIONS EXCEPTED.] Subdivision 1 does 
        not apply to a misdemeanor violation of section 169.121; 
        609.224; 609.2242; 609.226; 609.324, subdivision 3; 609.52; or 
        617.23, or an ordinance that conforms in substantial part to any 
        of those sections.  A violation described in this subdivision 
        must be treated as a misdemeanor unless the defendant consents 
        to the certification of the violation as a petty misdemeanor. 
           Sec. 9.  Minnesota Statutes 1994, section 609.135, 
        subdivision 2, is amended to read: 
           Subd. 2.  (a) If the conviction is for a felony the stay 
        shall be for not more than four years or the maximum period for 
        which the sentence of imprisonment might have been imposed, 
        whichever is longer. 
           (b) If the conviction is for a gross misdemeanor violation 
        of section 169.121 or 169.129, the stay shall be for not more 
        than four years.  The court shall provide for unsupervised 
        probation for the last one year of the stay unless the court 
        finds that the defendant needs supervised probation for all or 
        part of the last one year. 
           (c) If the conviction is for a gross misdemeanor not 
        specified in paragraph (b), the stay shall be for not more than 
        two years. 
           (d) If the conviction is for any misdemeanor under section 
        169.121; 609.746, subdivision 1; 609.79; or 617.23; or for a 
        misdemeanor under section 609.2242 or 609.224, subdivision 1, in 
        which the victim of the crime was a family or household member 
        as defined in section 518B.01, the stay shall be for not more 
        than two years.  The court shall provide for unsupervised 
        probation for the second year of the stay unless the court finds 
        that the defendant needs supervised probation for all or part of 
        the second year. 
           (e) If the conviction is for a misdemeanor not specified in 
        paragraph (d), the stay shall be for not more than one year.  
           (f) The defendant shall be discharged six months after the 
        term of the stay expires, unless the stay has been revoked or 
        extended under paragraph (g), or the defendant has already been 
        discharged. 
           (g) Notwithstanding the maximum periods specified for stays 
        of sentences under paragraphs (a) to (f), a court may extend a 
        defendant's term of probation for up to one year if it finds, at 
        a hearing conducted under subdivision 1a, that: 
           (1) the defendant has not paid court-ordered restitution or 
        a fine in accordance with the payment schedule or structure; and 
           (2) the defendant is likely to not pay the restitution or 
        fine the defendant owes before the term of probation expires.  
        This one-year extension of probation for failure to pay 
        restitution or a fine may be extended by the court for up to one 
        additional year if the court finds, at another hearing conducted 
        under subdivision 1a, that the defendant still has not paid the 
        court-ordered restitution or fine that the defendant owes. 
           Sec. 10.  Minnesota Statutes 1994, section 609.135, 
        subdivision 5a, is amended to read: 
           Subd. 5a.  [DOMESTIC ABUSE VICTIMS; ELECTRONIC MONITORING.] 
        (a) Until the commissioner of corrections has adopted standards 
        governing electronic monitoring devices used to protect victims 
        of domestic abuse, the court, as a condition of a stay of 
        imposition or execution of a sentence, may not order an offender 
        convicted of a crime described in paragraph (b) to use an 
        electronic monitoring device to protect a victim's safety.  
           (b) This subdivision applies to the following crimes, if 
        committed by the defendant against a family or household member 
        as defined in section 518B.01, subdivision 2: 
           (1) violations of orders for protection issued under 
        chapter 518B; 
           (2) assault in the first, second, third, or fifth degree 
        under section 609.221, 609.222, 609.223, or 609.224; or domestic 
        assault under section 609.2242; 
           (3) criminal damage to property under section 609.595; 
           (4) disorderly conduct under section 609.72; 
           (5) harassing telephone calls under section 609.79; 
           (6) burglary under section 609.582; 
           (7) trespass under section 609.605; 
           (8) criminal sexual conduct in the first, second, third, 
        fourth, or fifth degree under section 609.342, 609.343, 609.344, 
        609.345, or 609.3451; and 
           (9) terroristic threats under section 609.713. 
           (c) Notwithstanding paragraph (a), the judges in the tenth 
        judicial district may order, as a condition of a stay of 
        imposition or execution of a sentence, a defendant convicted of 
        a crime described in paragraph (b), to use an electronic 
        monitoring device to protect the victim's safety.  The judges 
        shall make data on the use of electronic monitoring devices to 
        protect a victim's safety in the tenth judicial district 
        available to the commissioner of corrections to evaluate and to 
        aid in development of standards for the use of devices to 
        protect victims of domestic abuse.  
           Sec. 11.  Minnesota Statutes 1994, section 609.1352, 
        subdivision 3, is amended to read: 
           Subd. 3.  [DANGER TO PUBLIC SAFETY.] The court shall base 
        its finding that the offender is a danger to public safety on 
        either of the following factors: 
           (1) the crime involved an aggravating factor that would 
        justify a durational departure from the presumptive sentence 
        under the sentencing guidelines; or 
           (2) the offender previously committed or attempted to 
        commit a predatory crime or a violation of section 609.224 or 
        609.2242, including an offense committed as a juvenile that 
        would have been a predatory crime or a violation of section 
        609.224 or 609.2242 if committed by an adult. 
           Sec. 12.  Minnesota Statutes 1994, section 609.185, is 
        amended to read: 
           609.185 [MURDER IN THE FIRST DEGREE.] 
           Whoever does any of the following is guilty of murder in 
        the first degree and shall be sentenced to imprisonment for life:
           (1) causes the death of a human being with premeditation 
        and with intent to effect the death of the person or of another; 
           (2) causes the death of a human being while committing or 
        attempting to commit criminal sexual conduct in the first or 
        second degree with force or violence, either upon or affecting 
        the person or another; 
           (3) causes the death of a human being with intent to effect 
        the death of the person or another, while committing or 
        attempting to commit burglary, aggravated robbery, kidnapping, 
        arson in the first or second degree, tampering with a witness in 
        the first degree, escape from custody, or any felony violation 
        of chapter 152 involving the unlawful sale of a controlled 
        substance; 
           (4) causes the death of a peace officer or a guard employed 
        at a Minnesota state or local correctional facility, with intent 
        to effect the death of that person or another, while the peace 
        officer or guard is engaged in the performance of official 
        duties; 
           (5) causes the death of a minor under circumstances other 
        than those described in clause (1) or (2) while committing child 
        abuse, when the perpetrator has engaged in a past pattern of 
        child abuse upon the child and the death occurs under 
        circumstances manifesting an extreme indifference to human life; 
        or 
           (6) causes the death of a human being under circumstances 
        other than those described in clause (1), (2), or (5) while 
        committing domestic abuse, when the perpetrator has engaged in a 
        past pattern of domestic abuse upon the victim and the death 
        occurs under circumstances manifesting an extreme indifference 
        to human life. 
           For purposes of clause (5), "child abuse" means an act 
        committed against a minor victim that constitutes a violation of 
        the following laws of this state or any similar laws of the 
        United States or any other state:  section 609.221; 609.222; 
        609.223; 609.224; 609.2242; 609.342; 609.343; 609.344; 609.345; 
        609.377; 609.378; or 609.713. 
           For purposes of clause (6), "domestic abuse" means an act 
        that: 
           (1) constitutes a violation of section 609.221, 609.222, 
        609.223, 609.224, 609.2242, 609.342, 609.343, 609.344, 609.345, 
        609.713, or any similar laws of the United States or any other 
        state; and 
           (2) is committed against the victim who is a family or 
        household member as defined in section 518B.01, subdivision 2, 
        paragraph (b). 
           Sec. 13.  Minnesota Statutes 1994, section 609.224, 
        subdivision 2, is amended to read: 
           Subd. 2.  [GROSS MISDEMEANOR.] (a) Whoever violates the 
        provisions of subdivision 1 against the same victim during the 
        time period between a previous conviction under this section, 
        sections 609.221 to 609.2231, 609.342 to 609.345, or 609.713, or 
        any similar law of another state, and the end of the five years 
        following discharge from sentence for that conviction, is guilty 
        of a gross misdemeanor and 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.  Whoever violates the provisions of subdivision 
        1 against a family or household member as defined in section 
        518B.01, subdivision 2, during the time period between a 
        previous conviction under this section or sections 609.221 to 
        609.2231, 609.342 to 609.345, or 609.713 against a family or 
        household member, and the end of the five years following 
        discharge from sentence for that conviction is guilty of a gross 
        misdemeanor and 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) Whoever violates the provisions of subdivision 1 within 
        two years of a previous conviction under this section or 
        sections 609.221 to 609.2231 or 609.713 is guilty of a gross 
        misdemeanor and 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. 
           Sec. 14.  Minnesota Statutes 1994, section 609.224, 
        subdivision 3, is amended to read: 
           Subd. 3.  [DOMESTIC ASSAULTS; FIREARMS.] (a) When a person 
        is convicted of a violation of this section or section 609.221, 
        609.222, or 609.223, the court shall determine and make written 
        findings on the record as to whether: 
           (1) the assault was committed against a family or household 
        member, as defined in section 518B.01, subdivision 2; 
           (2) the defendant owns or possesses a firearm; and 
           (3) (2) the firearm was used in any way during the 
        commission of the assault. 
           (b) If the court determines that the assault was of a 
        family or household member, and that the offender owns or 
        possesses a firearm and used it in any way during the commission 
        of the assault, it shall order that the firearm be summarily 
        forfeited under section 609.5316, subdivision 3. 
           (c) When a person is convicted of assaulting a family or 
        household member and is determined by the court to have used a 
        firearm in any way during commission of the assault the court 
        may order that the person is prohibited from possessing any type 
        of firearm for any period longer than three years or for the 
        remainder of the person's life.  A person who violates this 
        firearm possession prohibition is guilty of a gross 
        misdemeanor.  At the time of the conviction, the court shall 
        inform the defendant whether and for how long the defendant is 
        prohibited from possessing a firearm and that it is a gross 
        misdemeanor to violate this prohibition.  The failure of the 
        court to provide this information to a defendant does not affect 
        the applicability of the firearm possession prohibition or the 
        gross misdemeanor penalty to that defendant. 
           (d) Except as otherwise provided in paragraph (c), when a 
        person is convicted of a violation of this section and the court 
        determines that the victim was a family or household member, the 
        court shall inform the defendant that the defendant is 
        prohibited from possessing a pistol for a period of three years 
        from the date of conviction and that it is a gross misdemeanor 
        offense to violate this prohibition.  The failure of the court 
        to provide this information to a defendant does not affect the 
        applicability of the pistol possession prohibition or the gross 
        misdemeanor penalty to that defendant. 
           (e) (b) Except as otherwise provided in paragraph (c) 
        section 609.2242, subdivision 3, paragraph (c), a person is not 
        entitled to possess a pistol if: 
           (1) the person has been convicted after August 1, 1992, of 
        assault in the fifth degree if the offense was committed within 
        three years of a previous conviction under sections 609.221 to 
        609.224; or 
           (2) the person has been convicted after August 1, 1992, of 
        assault in the fifth degree under section 609.224 and the 
        assault victim was a family or household member as defined in 
        section 518B.01, subdivision 2, unless three years have elapsed 
        from the date of conviction and, during that time, the person 
        has not been convicted of any other violation of section 
        609.224.  Property rights may not be abated but access may be 
        restricted by the courts.  A person who possesses a pistol in 
        violation of this paragraph is guilty of a gross misdemeanor. 
           Sec. 15.  [609.2242] [DOMESTIC ASSAULT.] 
           Subdivision 1.  [MISDEMEANOR.] Whoever does any of the 
        following against a family or household member as defined in 
        section 518B.01, subdivision 2, commits an assault and is guilty 
        of a misdemeanor: 
           (1) commits an act with intent to cause fear in another of 
        immediate bodily harm or death; or 
           (2) intentionally inflicts or attempts to inflict bodily 
        harm upon another. 
           Subd. 2.  [GROSS MISDEMEANOR.] Whoever violates subdivision 
        1 during the time period between a previous conviction under 
        this section or sections 609.221 to 609.2231, 609.224, 609.342 
        to 609.345, or 609.713 against a family or household member as 
        defined in section 518B.01, subdivision 2, and the end of the 
        five years following discharge from sentence for that conviction 
        is guilty of a gross misdemeanor and 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. 
           Subd. 3.  [DOMESTIC ASSAULTS; FIREARMS.] (a) When a person 
        is convicted of a violation of section 609.221, 609.222, 
        609.223, 609.224, or 609.2242, the court shall determine and 
        make written findings on the record as to whether: 
           (1) the assault was committed against a family or household 
        member, as defined in section 518B.01, subdivision 2; 
           (2) the defendant owns or possesses a firearm; and 
           (3) the firearm was used in any way during the commission 
        of the assault. 
           (b) If the court determines that the assault was of a 
        family or household member, and that the offender owns or 
        possesses a firearm and used it in any way during the commission 
        of the assault, it shall order that the firearm be summarily 
        forfeited under section 609.5316, subdivision 3. 
           (c) When a person is convicted of assaulting a family or 
        household member and is determined by the court to have used a 
        firearm in any way during commission of the assault, the court 
        may order that the person is prohibited from possessing any type 
        of firearm for any period longer than three years or for the 
        remainder of the person's life.  A person who violates this 
        paragraph is guilty of a gross misdemeanor.  At the time of the 
        conviction, the court shall inform the defendant whether and for 
        how long the defendant is prohibited from possessing a firearm 
        and that it is a gross misdemeanor to violate this paragraph.  
        The failure of the court to provide this information to a 
        defendant does not affect the applicability of the firearm 
        possession prohibition or the gross misdemeanor penalty to that 
        defendant. 
           (d) Except as otherwise provided in paragraph (c), when a 
        person is convicted of a violation of section 609.224 or 
        609.2242 and the court determines that the victim was a family 
        or household member, the court shall inform the defendant that 
        the defendant is prohibited from possessing a pistol for three 
        years from the date of conviction and that it is a gross 
        misdemeanor offense to violate this prohibition.  The failure of 
        the court to provide this information to a defendant does not 
        affect the applicability of the pistol possession prohibition or 
        the gross misdemeanor penalty to that defendant. 
           (e) Except as otherwise provided in paragraph (c), a person 
        is not entitled to possess a pistol if the person has been 
        convicted after August 1, 1992, of domestic assault under 
        609.2242 or assault in the fifth degree under section 609.224 
        and the assault victim was a family or household member as 
        defined in section 518B.01, subdivision 2, unless three years 
        have elapsed from the date of conviction and, during that time, 
        the person has not been convicted of any other violation of 
        section 609.224 or 609.2242.  Property rights may not be abated 
        but access may be restricted by the courts.  A person who 
        possesses a pistol in violation of this paragraph is guilty of a 
        gross misdemeanor.  
           Subd. 4.  [FELONY.] Whoever violates the provisions of 
        section 609.224, subdivision 1, or 609.2242, against the same 
        victim during the time period between the first of two or more 
        previous convictions under this section or sections 609.221 to 
        609.2231, 609.224, 609.342 to 609.345, or 609.713, and the end 
        of the five years following discharge from sentence for that 
        conviction is guilty of a felony and may be sentenced to 
        imprisonment for not more than five years or payment of a fine 
        of not more than $10,000, or both. 
           Sec. 16.  Minnesota Statutes 1994, section 609.268, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEATH OF AN UNBORN CHILD.] Whoever, in the 
        commission of a felony or in a violation of section 609.224, 
        609.2242, 609.23, or 609.231, causes the death of an unborn 
        child is guilty of a felony and may be sentenced to imprisonment 
        for not more than 15 years or to payment of a fine not more than 
        $30,000, or both.  As used in this subdivision, "felony" does 
        not include a violation of sections 609.185 to 609.21, 609.221 
        to 609.2231, or 609.2661 to 609.2665. 
           Sec. 17.  Minnesota Statutes 1994, section 609.748, 
        subdivision 6, is amended to read: 
           Subd. 6.  [VIOLATION OF RESTRAINING ORDER.] (a) When a 
        temporary restraining order or a restraining order is granted 
        under this section and the respondent knows of the order, 
        violation of the order is a misdemeanor.  A person is guilty of 
        a gross misdemeanor who knowingly violates the order during the 
        time period between a previous conviction under this 
        subdivision; sections 609.221 to 609.224 609.2242; 518B.01, 
        subdivision 14; 609.713, subdivisions 1 or 3; or 609.749; and 
        the end of the five years following discharge from sentence for 
        that conviction. 
           (b) A peace officer shall arrest without a warrant and take 
        into custody a person whom the peace officer has probable cause 
        to believe has violated an order issued under subdivision 4 or 5 
        if the existence of the order can be verified by the officer.  
           (c) A violation of a temporary restraining order or 
        restraining order shall also constitute contempt of court. 
           (d) Upon the filing of an affidavit by the petitioner, any 
        peace officer, or an interested party designated by the court, 
        alleging that the respondent has violated an order issued under 
        subdivision 4 or 5, the court may issue an order to the 
        respondent requiring the respondent to appear within 14 days and 
        show cause why the respondent should not be held in contempt of 
        court.  The court also shall refer the violation of the order to 
        the appropriate prosecuting authority for possible prosecution 
        under paragraph (a). 
           Sec. 18.  Minnesota Statutes 1994, section 609.749, 
        subdivision 4, is amended to read: 
           Subd. 4.  [SECOND OR SUBSEQUENT VIOLATIONS; FELONY.] A 
        person is guilty of a felony who violates any provision of 
        subdivision 2 during the time period between a previous 
        conviction under this section; sections 609.221 to 609.224 
        609.2242; 518B.01, subdivision 14; 609.748, subdivision 6; or 
        609.713, subdivision 1 or 3; and the end of the ten years 
        following discharge from sentence for that conviction. 
           Sec. 19.  Minnesota Statutes 1994, section 609.749, 
        subdivision 5, is amended to read: 
           Subd. 5.  [PATTERN OF HARASSING CONDUCT.] (a) A person who 
        engages in a pattern of harassing conduct with respect to a 
        single victim or one or more members of a single household in a 
        manner that would cause a reasonable person under the 
        circumstances to feel terrorized or to fear bodily harm and that 
        does cause this reaction on the part of the victim, is guilty of 
        a felony and may be sentenced to imprisonment for not more than 
        ten years or to payment of a fine of not more than $20,000, or 
        both. 
           (b) For purposes of this subdivision, a "pattern of 
        harassing conduct" means two or more acts within a five-year 
        period that violate the provisions of any of the following: 
           (1) this section; 
           (2) section 609.713; 
           (3) section 609.224; 
           (4) section 609.2242; 
           (5) section 518B.01, subdivision 14; 
           (5) (6) section 609.748, subdivision 6; 
           (6) (7) section 609.605, subdivision 1, paragraph (b), 
        clause (7); 
           (7) (8) section 609.79; or 
           (8) (9) section 609.795. 
           Sec. 20.  Minnesota Statutes 1994, section 611A.031, is 
        amended to read: 
           611A.031 [VICTIM INPUT REGARDING PRETRIAL DIVERSION.] 
           A prosecutor shall make every reasonable effort to notify 
        and seek input from the victim prior to referring a person into 
        a pretrial diversion program in lieu of prosecution for a 
        violation of sections 609.185, 609.19, 609.195, 609.20, 609.205, 
        609.221, 609.222, 609.223, 609.224, 609.2242, 609.24, 609.245, 
        609.25, 609.255, 609.342, 609.343, 609.344, 609.345, 609.365, 
        609.498, 609.561, 609.582, subdivision 1, 609.687, 609.713, and 
        609.749. 
           Sec. 21.  Minnesota Statutes 1994, section 624.713, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [INELIGIBLE PERSONS.] The following persons 
        shall not be entitled to possess a pistol or semiautomatic 
        military-style assault weapon or, except for paragraph (a), any 
        other firearm: 
           (a) a person under the age of 18 years except that a person 
        under 18 may carry or possess a pistol or semiautomatic 
        military-style assault weapon (i) in the actual presence or 
        under the direct supervision of the person's parent or guardian, 
        (ii) for the purpose of military drill under the auspices of a 
        legally recognized military organization and under competent 
        supervision, (iii) for the purpose of instruction, competition, 
        or target practice on a firing range approved by the chief of 
        police or county sheriff in whose jurisdiction the range is 
        located and under direct supervision; or (iv) if the person has 
        successfully completed a course designed to teach marksmanship 
        and safety with a pistol or semiautomatic military-style assault 
        weapon and approved by the commissioner of natural resources; 
           (b) except as otherwise provided in clause (i), a person 
        who has been convicted of, or adjudicated delinquent or 
        convicted as an extended jurisdiction juvenile for committing, 
        in this state or elsewhere, a crime of violence unless ten years 
        have elapsed since the person has been restored to civil rights 
        or the sentence or disposition has expired, whichever occurs 
        first, and during that time the person has not been convicted of 
        or adjudicated for any other crime of violence.  For purposes of 
        this section, crime of violence includes crimes in other states 
        or jurisdictions which would have been crimes of violence as 
        herein defined if they had been committed in this state; 
           (c) a person who is or has ever been confined in Minnesota 
        or elsewhere as a "mentally ill," "mentally retarded," or 
        "mentally ill and dangerous to the public" person as defined in 
        section 253B.02, to a treatment facility, or who has ever been 
        found incompetent to stand trial or not guilty by reason of 
        mental illness, unless the person possesses a certificate of a 
        medical doctor or psychiatrist licensed in Minnesota, or other 
        satisfactory proof that the person is no longer suffering from 
        this disability; 
           (d) a person who has been convicted in Minnesota or 
        elsewhere of a misdemeanor or gross misdemeanor violation of 
        chapter 152, or a person who is or has ever been hospitalized or 
        committed for treatment for the habitual use of a controlled 
        substance or marijuana, as defined in sections 152.01 and 
        152.02, unless the person possesses a certificate of a medical 
        doctor or psychiatrist licensed in Minnesota, or other 
        satisfactory proof, that the person has not abused a controlled 
        substance or marijuana during the previous two years; 
           (e) a person who has been confined or committed to a 
        treatment facility in Minnesota or elsewhere as "chemically 
        dependent" as defined in section 253B.02, unless the person has 
        completed treatment.  Property rights may not be abated but 
        access may be restricted by the courts; 
           (f) a peace officer who is informally admitted to a 
        treatment facility pursuant to section 253B.04 for chemical 
        dependency, unless the officer possesses a certificate from the 
        head of the treatment facility discharging or provisionally 
        discharging the officer from the treatment facility.  Property 
        rights may not be abated but access may be restricted by the 
        courts; 
           (g) a person, including a person under the jurisdiction of 
        the juvenile court, who has been charged with committing a crime 
        of violence and has been placed in a pretrial diversion program 
        by the court before disposition, until the person has completed 
        the diversion program and the charge of committing the crime of 
        violence has been dismissed; 
           (h) except as otherwise provided in clause (i), a person 
        who has been convicted in another state of committing an offense 
        similar to the offense described in section 609.224, subdivision 
        3, against a family or household member or section 609.2242, 
        subdivision 3, unless three years have elapsed since the date of 
        conviction and, during that time, the person has not been 
        convicted of any other violation of section 609.224, subdivision 
        3, or 609.2242, subdivision 3, or a similar law of another 
        state; 
           (i) a person who has been convicted in this state or 
        elsewhere of assaulting a family or household member and who was 
        found by the court to have used a firearm in any way during 
        commission of the assault is prohibited from possessing any type 
        of firearm for the period determined by the sentencing court; or 
           (j) a person who: 
           (1) has been convicted in any court of a crime punishable 
        by imprisonment for a term exceeding one year; 
           (2) is a fugitive from justice as a result of having fled 
        from any state to avoid prosecution for a crime or to avoid 
        giving testimony in any criminal proceeding; 
           (3) is an unlawful user of any controlled substance as 
        defined in chapter 152; 
           (4) has been judicially committed to a treatment facility 
        in Minnesota or elsewhere as a "mentally ill," "mentally 
        retarded," or "mentally ill and dangerous to the public" person 
        as defined in section 253B.02; 
           (5) is an alien who is illegally or unlawfully in the 
        United States; 
           (6) has been discharged from the armed forces of the United 
        States under dishonorable conditions; or 
           (7) has renounced the person's citizenship having been a 
        citizen of the United States. 
           A person who issues a certificate pursuant to this 
        subdivision in good faith is not liable for damages resulting or 
        arising from the actions or misconduct with a firearm committed 
        by the individual who is the subject of the certificate. 
           The prohibition in this subdivision relating to the 
        possession of firearms other than pistols and semiautomatic 
        military-style assault weapons does not apply retroactively to 
        persons who are prohibited from possessing a pistol or 
        semiautomatic military-style assault weapon under this 
        subdivision before August 1, 1994. 
           Sec. 22.  Minnesota Statutes 1994, section 626.563, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] The definitions in this 
        subdivision apply to this section. 
           (a) "Child abuse" means any act which involves a minor 
        victim and which constitutes a violation of section 609.221, 
        609.222, 609.223, 609.224, 609.2242, 609.255, 609.342, 609.343, 
        609.344, 609.345, 609.377, or 609.378. 
           (b) "Significant relationship" means a relationship as 
        defined by section 609.341, subdivision 15. 
           (c) "Child" means a person under the age of 18 who is the 
        alleged victim of child abuse perpetrated by an adult who has a 
        significant relationship with the child victim. 
           Sec. 23.  Minnesota Statutes 1994, section 629.471, 
        subdivision 3, is amended to read: 
           Subd. 3.  [SIX TIMES THE FINE.] For offenses under sections 
        518B.01 and, 609.224, and 609.2242, the maximum cash bail that 
        may be required for a person charged with a misdemeanor or gross 
        misdemeanor violation is six times the highest cash fine that 
        may be imposed for the offense. 
           Sec. 24.  Minnesota Statutes 1994, section 629.74, is 
        amended to read: 
           629.74 [PRETRIAL BAIL EVALUATION.] 
           The local corrections department or its designee shall 
        conduct a pretrial bail evaluation of each defendant arrested 
        and detained for committing a crime of violence as defined in 
        section 624.712, subdivision 5, a gross misdemeanor violation of 
        section 609.224 or 609.2242, or a nonfelony violation of section 
        518B.01, 609.2231, 609.3451, 609.748, or 609.749.  In cases 
        where the defendant requests appointed counsel, the evaluation 
        shall include completion of the financial statement required by 
        section 611.17.  The local corrections department shall be 
        reimbursed $25 by the department of corrections for each 
        evaluation performed.  The conference of chief judges, in 
        consultation with the department of corrections, shall approve 
        the pretrial evaluation form to be used in each county. 
           Sec. 25.  Minnesota Statutes 1994, section 630.36, 
        subdivision 2, is amended to read: 
           Subd. 2.  [CHILD ABUSE DEFINED.] As used in subdivision 1, 
        "child abuse" means any act which involves a minor victim and 
        which constitutes a violation of section 609.221, 609.222, 
        609.223, 609.2231, 609.2242, 609.255, 609.321, 609.322, 609.323, 
        609.324, 609.342, 609.343, 609.344, 609.345, 609.377, 609.378, 
        617.246, or 609.224 if the minor victim is a family or household 
        member of the defendant. 
           Sec. 26.  Minnesota Statutes 1994, section 631.046, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CHILD ABUSE AND VIOLENT CRIME CASES.] 
        Notwithstanding any other law, a prosecuting witness under 18 
        years of age in a case involving child abuse as defined in 
        section 630.36, subdivision 2, a crime of violence, as defined 
        in section 624.712, subdivision 5, or an assault under section 
        609.224 or 609.2242, may choose to have in attendance or be 
        accompanied by a parent, guardian, or other supportive person, 
        whether or not a witness, at the omnibus hearing or at the 
        trial, during testimony of the prosecuting witness.  If the 
        person so chosen is also a prosecuting witness, the prosecution 
        shall present on noticed motion, evidence that the person's 
        attendance is both desired by the prosecuting witness for 
        support and will be helpful to the prosecuting witness.  Upon 
        that showing the court shall grant the request unless 
        information presented by the defendant or noticed by the court 
        establishes that the support person's attendance during the 
        testimony of the prosecuting witness would pose a substantial 
        risk of influencing or affecting the content of that testimony. 
           Sec. 27.  [EFFECTIVE DATE.] 
           Sections 1 to 26, are effective August 1, 1995, and apply 
        to prosecutions commenced on or after that date. 
                                   ARTICLE 4
                         CHILD ABUSE VICTIM VIDEOTAPES
           Section 1.  Minnesota Statutes 1994, 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 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 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. 2.  [13.391] [VIDEOTAPES OF CHILD ABUSE VICTIMS.] 
           (a) Notwithstanding section 13.04, subdivision 3, an 
        individual subject of data may not obtain a copy of a videotape 
        in which a child victim or alleged victim is alleging, 
        explaining, denying, or describing an act of physical or sexual 
        abuse without a court order under section 13.03, subdivision 6, 
        or 611A.90.  The definitions of physical abuse and sexual abuse 
        in section 626.556, subdivision 2, apply to this section, except 
        that abuse is not limited to acts by a person responsible for 
        the child's care or in a significant relationship with the child 
        or position of authority. 
           (b) This section does not limit other rights of access to 
        data by an individual under section 13.04, subdivision 3, other 
        than the right to obtain a copy of the videotape, nor limit 
        rights of access pursuant to discovery in a court proceeding. 
           Sec. 3.  Minnesota Statutes 1994, section 13.82, 
        subdivision 6, is amended to read: 
           Subd. 6.  [ACCESS TO DATA FOR CRIME VICTIMS.] On receipt of 
        a written request, the prosecuting authority shall release 
        investigative data collected by a law enforcement agency to the 
        victim of a criminal act or alleged criminal act or to the 
        victim's legal representative unless the release to the 
        individual subject of the data would be prohibited under section 
        13.391 or the prosecuting authority reasonably believes:  
           (a) that the release of that data will interfere with the 
        investigation; or 
           (b) that the request is prompted by a desire on the part of 
        the requester to engage in unlawful activities.  
           Sec. 4.  Minnesota Statutes 1994, section 13.99, is amended 
        by adding a subdivision to read: 
           Subd. 110.  [CHILD ABUSE VIDEO TAPES.] Access to child 
        abuse video tapes prepared as part of an investigation or 
        evaluation is governed by sections 13.391 and 611A.90. 
           Sec. 5.  Minnesota Statutes 1994, section 144.335, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PATIENT ACCESS.] (a) Upon request, a provider 
        shall supply to a patient complete and current information 
        possessed by that provider concerning any diagnosis, treatment 
        and prognosis of the patient in terms and language the patient 
        can reasonably be expected to understand. 
           (b) Except as provided in paragraph (e), upon a patient's 
        written request, a provider, at a reasonable cost to the 
        patient, shall promptly furnish to the patient (1) copies of the 
        patient's health record, including but not limited to laboratory 
        reports, X-rays, prescriptions, and other technical information 
        used in assessing the patient's health condition, or (2) the 
        pertinent portion of the record relating to a condition 
        specified by the patient.  With the consent of the patient, the 
        provider may instead furnish only a summary of the record.  The 
        provider may exclude from the health record written speculations 
        about the patient's health condition, except that all 
        information necessary for the patient's informed consent must be 
        provided. 
           (c) If a provider, as defined in subdivision 1, clause 
        (b)(1), reasonably determines that the information is 
        detrimental to the physical or mental health of the patient, or 
        is likely to cause the patient to inflict self harm, or to harm 
        another, the provider may withhold the information from the 
        patient and may supply the information to an appropriate third 
        party or to another provider, as defined in subdivision 1, 
        clause (b)(1).  The other provider or third party may release 
        the information to the patient. 
           (d) A provider as defined in subdivision 1, clause (b)(3), 
        shall release information upon written request unless, prior to 
        the request, a provider as defined in subdivision 1, clause 
        (b)(1), has designated and described a specific basis for 
        withholding the information as authorized by paragraph (c). 
           (e) A provider may not release a copy of a videotape of a 
        child victim or alleged victim of physical or sexual abuse 
        without a court order under section 13.03, subdivision 6, or as 
        provided in section 611A.90.  This paragraph does not limit the 
        right of a patient to view the videotape. 
           Sec. 6.  [611A.90] [RELEASE OF VIDEOTAPES OF CHILD ABUSE 
        VICTIMS.] 
           Subdivision 1.  [DEFINITION.] For purposes of this section, 
        "physical abuse" and "sexual abuse" have the meanings given in 
        section 626.556, subdivision 2, except that abuse is not limited 
        to acts by a person responsible for the child's care or in a 
        significant relationship with the child or position of authority.
           Subd. 2.  [COURT ORDER REQUIRED.] (a) A custodian of a 
        videotape of a child victim or alleged victim alleging, 
        explaining, denying, or describing an act of physical or sexual 
        abuse as part of an investigation or evaluation of the abuse may 
        not release a copy of the videotape without a court order, 
        notwithstanding that the subject has consented to the release of 
        the videotape or that the release is authorized under law. 
           (b) The court order may govern the purposes for which the 
        videotape may be used, reproduction, release to other persons, 
        retention and return of copies, and other requirements 
        reasonably necessary for protection of the privacy and best 
        interests of the child. 
           Subd. 3.  [PETITION.] An individual subject of data, as 
        defined in section 13.02, or a patient, as defined in section 
        144.335, who is seeking a copy of a videotape governed by this 
        section may petition the district court in the county where the 
        alleged abuse took place or where the custodian of the videotape 
        resides for an order releasing a copy of the videotape under 
        subdivision 2.  Nothing in this section establishes a right to 
        obtain access to a videotape by any other person nor limits a 
        right of a person to obtain access if access is otherwise 
        authorized by law or pursuant to discovery in a court proceeding.
                                   ARTICLE 5
                 INDEX OF CLASSIFICATIONS OUTSIDE OF CHAPTER 13
           Section 1.  Minnesota Statutes 1994, section 13.99, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PROVISIONS CODED IN OTHER CHAPTERS.] The 
        laws enumerated in this section are codified outside of this 
        chapter and classify government data as other than public or 
        place restrictions on access to government data.  Except for 
        records of the judiciary, the definitions and general provisions 
        in sections 13.01 to 13.07 and the remedies and penalties 
        provided in sections 13.08 and 13.09 also apply to data and 
        records listed in this section and to other provisions of 
        statute that provide access to government data and records or 
        rights regarding government data similar to those established by 
        section 13.04. 
           Sec. 2.  Minnesota Statutes 1994, section 13.99, is amended 
        by adding a subdivision to read: 
           Subd. 5a.  [ETHICAL PRACTICES BOARD OPINIONS.] A request 
        for an ethical practices board advisory opinion and the opinion 
        itself are classified under section 10A.02, subdivision 12. 
           Sec. 3.  Minnesota Statutes 1994, section 13.99, is amended 
        by adding a subdivision to read: 
           Subd. 6d.  [AGRICULTURAL COMMODITY HANDLERS.] Access to 
        data filed with the commissioner of agriculture by agricultural 
        commodity handlers is governed by section 17.694, subdivision 1. 
           Sec. 4.  Minnesota Statutes 1994, section 13.99, is amended 
        by adding a subdivision to read: 
           Subd. 11a.  [CERTAIN DATA RECEIVED BY COMMISSIONER OF 
        COMMERCE.] Certain data received because of the participation of 
        the commissioner of commerce in various organizations are 
        classified under section 45.012. 
           Sec. 5.  Minnesota Statutes 1994, section 13.99, is amended 
        by adding a subdivision to read: 
           Subd. 11b.  [BANK INCORPORATORS DATA.] Financial data on 
        individuals submitted by incorporators proposing to organize a 
        bank are classified under section 46.041, subdivision 1. 
           Sec. 6.  Minnesota Statutes 1994, section 13.99, 
        subdivision 12, is amended to read: 
           Subd. 12.  [COMMERCE DEPARTMENT DATA ON FINANCIAL 
        INSTITUTIONS.] The disclosure by the commissioner of commerce of 
        facts and information obtained in the course of examining 
        financial institutions and in relation to complaints filed with 
        the commissioner is governed by section 46.07, subdivision 
        subdivisions 2 and 3. 
           Sec. 7.  Minnesota Statutes 1994, section 13.99, is amended 
        by adding a subdivision to read: 
           Subd. 12a.  [ELECTRONIC FINANCIAL TERMINAL DATA.] 
        Information obtained by the commissioner of commerce in the 
        course of verifying electronic financial terminal equipment is 
        classified under section 47.66. 
           Sec. 8.  Minnesota Statutes 1994, section 13.99, is amended 
        by adding a subdivision to read: 
           Subd. 14a.  [SURPLUS LINES INSURER DATA.] Reports and 
        recommendations on the financial condition of eligible surplus 
        lines insurers submitted to the commissioner of commerce are 
        classified under section 60A.208, subdivision 7. 
           Sec. 9.  Minnesota Statutes 1994, section 13.99, is amended 
        by adding a subdivision to read: 
           Subd. 17b.  [INSURER FINANCIAL CONDITION DATA.] 
        Recommendations on the financial condition of an insurer 
        submitted to the commissioner of commerce by the insurance 
        guaranty association are classified under section 60C.15. 
           Sec. 10.  Minnesota Statutes 1994, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 18a.  [INSURER SUPERVISION DATA.] Data on insurers 
        supervised by the commissioner of commerce under chapter 60G are 
        classified under section 60G.03, subdivision 1. 
           Sec. 11.  Minnesota Statutes 1994, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 18b.  [INSURANCE AGENT TERMINATION.] Access to data 
        on insurance agent terminations held by the commissioner of 
        commerce is governed by section 60K.10. 
           Sec. 12.  Minnesota Statutes 1994, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 18c.  [ASSOCIATION DATA.] Certain data submitted to 
        the commissioner of commerce by a life and health guaranty 
        association are classified under section 61B.28, subdivision 2. 
           Sec. 13.  Minnesota Statutes 1994, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 18d.  [SOLICITOR OR AGENT DATA.] Data relating to 
        suspension or revocation of a solicitor's or agent's license are 
        classified under section 62C.17, subdivision 4. 
           Sec. 14.  Minnesota Statutes 1994, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 19f.  [LEGAL SERVICE PLAN SOLICITOR OR AGENT 
        DATA.] Information contained in a request by a legal service 
        plan for termination of a solicitor's or agent's license is 
        classified under section 62G.20, subdivision 3. 
           Sec. 15.  Minnesota Statutes 1994, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 19g.  [ANTITRUST EXEMPTION.] Trade secret data 
        submitted in an application for exemption from antitrust laws by 
        health care entities are classified under section 62J.2914, 
        subdivision 5. 
           Sec. 16.  Minnesota Statutes 1994, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 19h.  [HEALTH CARE COST CONTAINMENT.] Data required 
        to be submitted under health care cost containment provisions 
        are classified by sections 62J.35, subdivision 3, and 62J.45, 
        subdivision 4a. 
           Sec. 17.  Minnesota Statutes 1994, section 13.99, 
        subdivision 20, is amended to read: 
           Subd. 20.  [AUTO THEFT DATA.] The sharing of data on auto 
        thefts between law enforcement and prosecutors and insurers is 
        governed by section 65B.81 65B.82. 
           Sec. 18.  Minnesota Statutes 1994, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 20a.  [INSURANCE CONTRACT DATA.] Certain insurance 
        contract data held by the commissioner of commerce are 
        classified under section 72A.20, subdivision 15. 
           Sec. 19.  Minnesota Statutes 1994, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 20b.  [HEALTH CLAIMS APPEALS.] Documents that are 
        part of an appeal from denial of health care coverage for 
        experimental treatment are classified under section 72A.327. 
           Sec. 20.  Minnesota Statutes 1994, section 13.99, 
        subdivision 21a, is amended to read: 
           Subd. 21a.  [MINERAL DEPOSIT EVALUATION DATA.] Data 
        submitted in applying for a permit for mineral deposit 
        evaluation and as a result of exploration are classified under 
        section 103I.605, subdivision subdivisions 2 and 4. 
           Sec. 21.  Minnesota Statutes 1994, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 21d.  [WASTE MANAGEMENT HAULER DATA.] Data on waste 
        management haulers inspected under section 115A.47 are 
        classified under section 115A.47, subdivision 5. 
           Sec. 22.  Minnesota Statutes 1994, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 24a.  [VOLUNTARY BUY-OUT DATA.] Data obtained by the 
        commissioner of commerce from insurers under the voluntary 
        buy-out law are classified under section 115B.46, subdivision 6. 
           Sec. 23.  Minnesota Statutes 1994, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 24b.  [PETROLEUM TANK RELEASE.] Certain data in 
        connection with a petroleum tank release are classified under 
        section 115C.03, subdivision 8. 
           Sec. 24.  Minnesota Statutes 1994, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 24c.  [TOXIC POLLUTION PREVENTION PLANS.] Toxic 
        pollution prevention plans are classified under section 115D.09. 
           Sec. 25.  Minnesota Statutes 1994, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 27e.  [DEVELOPMENTAL SCREENING.] Data collected in 
        early childhood developmental screening programs are classified 
        under section 123.704. 
           Sec. 26.  Minnesota Statutes 1994, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 27f.  [TEACHER LICENSE REPORTING.] Data on certain 
        teacher discharges and resignations reported under section 
        125.09 are classified under that section. 
           Sec. 27.  Minnesota Statutes 1994, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 28a.  [HIGHER EDUCATION COORDINATING BOARD.] 
        Financial records submitted by schools registering with the 
        higher education coordinating board are classified under section 
        136A.64. 
           Sec. 28.  Minnesota Statutes 1994, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 29b.  [PUBLIC HEALTH STUDIES.] Data held by the 
        commissioner of health in connection with public health studies 
        are classified under section 144.053. 
           Sec. 29.  Minnesota Statutes 1994, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 29c.  [RURAL HOSPITAL GRANTS.] Financial data on 
        individual hospitals under the rural hospital grant program are 
        classified under section 144.147, subdivision 5. 
           Sec. 30.  Minnesota Statutes 1994, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 35c.  [TRAUMATIC INJURY DATA.] Data on individuals 
        with a brain or spinal injury collected by the commissioner of 
        health are classified under section 144.665. 
           Sec. 31.  Minnesota Statutes 1994, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 38b.  [LEAD EXPOSURE DATA.] Data on individuals 
        exposed to lead in their residences are classified under section 
        144.874, subdivision 1. 
           Sec. 32.  Minnesota Statutes 1994, section 13.99, 
        subdivision 42a, is amended to read: 
           Subd. 42a.  [PHYSICIAN HEALTH DATA BOARD OF MEDICAL 
        PRACTICE.] Physician health data obtained by the licensing board 
        in connection with a disciplinary action are classified under 
        section 147.091, subdivision 6 Data held by the board of medical 
        practice in connection with disciplinary matters are classified 
        under sections 147.01, subdivision 4, and 147.091, subdivision 6.
           Sec. 33.  Minnesota Statutes 1994, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 52b.  [UNLICENSED MENTAL HEALTH PRACTITIONERS.] 
        Certain data in connection with the investigation of an 
        unlicensed mental health practitioner are classified under 
        section 148B.66, subdivision 2. 
           Sec. 34.  Minnesota Statutes 1994, section 13.99, 
        subdivision 54, is amended to read: 
           Subd. 54.  [MOTOR VEHICLE REGISTRATION.] The residence 
        address of certain individuals provided to the commissioner of 
        public safety for Various data on motor vehicle registrations is 
        are classified under section sections 168.345 and 168.346. 
           Sec. 35.  Minnesota Statutes 1994, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 54b.  [DRIVERS' LICENSE CANCELLATIONS.] Access to 
        data on individuals whose driver's licenses have been canceled 
        is governed by section 171.043. 
           Sec. 36.  Minnesota Statutes 1994, section 13.99, 
        subdivision 55, is amended to read: 
           Subd. 55.  [DRIVERS' LICENSE PHOTOGRAPHS AND IMAGES.] 
        Photographs or electronically produced images taken by the 
        commissioner of public safety for drivers' licenses are 
        classified under section 171.07, subdivision 1a. 
           Sec. 37.  Minnesota Statutes 1994, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 56a.  [DRIVERS' LICENSE CANCELLATION DUE TO 
        BLINDNESS.] Data on a visual examination performed for purposes 
        of drivers' license cancellation are classified under section 
        171.32, subdivision 3. 
           Sec. 38.  Minnesota Statutes 1994, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 58b.  [WORKERS' COMPENSATION COVERAGE.] Access to the 
        identity of anyone reporting that an employer may not have 
        workers' compensation insurance is governed by section 176.184, 
        subdivision 5. 
           Sec. 39.  Minnesota Statutes 1994, section 13.99, 
        subdivision 64, is amended to read: 
           Subd. 64.  [HEALTH LICENSING BOARDS.] Data received held by 
        health licensing boards from the commissioner of human services 
        are classified under section sections 214.10, subdivision 8, and 
        214.25, subdivision 1. 
           Sec. 40.  Minnesota Statutes 1994, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 64a.  [COMBINED BOARDS DATA.] Data held by licensing 
        boards participating in a health professional services program 
        are classified under sections 214.34 and 214.35. 
           Sec. 41.  Minnesota Statutes 1994, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 74c.  [OMBUDSMAN ON AGING.] Data held by the 
        ombudsman on aging are classified under section 256.9744. 
           Sec. 42.  Minnesota Statutes 1994, section 13.99, 
        subdivision 78, is amended to read: 
           Subd. 78.  [ADOPTEE'S ORIGINAL BIRTH CERTIFICATE ADOPTION 
        RECORDS.] Various adoption records are classified under section 
        259.53, subdivision 1.  Access to the original birth certificate 
        of a person who has been adopted is governed by section 259.89. 
           Sec. 43.  Minnesota Statutes 1994, section 13.99, 
        subdivision 79, is amended to read: 
           Subd. 79.  [PEACE OFFICERS, COURT SERVICES, AND CORRECTIONS 
        RECORDS OF JUVENILES.] Inspection and maintenance of juvenile 
        records held by police and the commissioner of corrections are 
        governed by section 260.161, subdivision 3. and disclosure to 
        school officials of court services data on juveniles adjudicated 
        delinquent is are governed by section 260.161, subdivision 1b. 
           Sec. 44.  Minnesota Statutes 1994, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 81b.  [MINNESOTA YOUTH PROGRAM.] Data on individuals 
        under the Minnesota youth program are classified under section 
        268.561, subdivision 7. 
           Sec. 45.  Minnesota Statutes 1994, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 90a.  [CRIMINAL JUSTICE INFORMATION NETWORK.] Data 
        collected by the criminal justice data communications network 
        are classified under section 299C.46, subdivision 5. 
           Sec. 46.  Minnesota Statutes 1994, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 92e.  [PROFESSIONAL CORPORATIONS.] Access to records 
        of a professional corporation held by a licensing board under 
        section 319A.17 is governed by that section. 
           Sec. 47.  Minnesota Statutes 1994, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 92f.  [PRIVATE DETECTIVE LICENSE.] Certain data on 
        applicants for licensure as private detectives are classified 
        under section 326.3382, subdivision 3. 
           Sec. 48.  Minnesota Statutes 1994, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 98a.  [ARENA ACQUISITION.] Certain data in connection 
        with a decision whether to acquire a sports arena are classified 
        under section 473.598, subdivision 4. 
           Sec. 49.  Minnesota Statutes 1994, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 98b.  [METROPOLITAN AIRPORTS COMMISSION.] Certain 
        airline data submitted to the metropolitan airports commission 
        in connection with the issuance of revenue bonds are classified 
        under section 473.6671, subdivision 3. 
           Sec. 50.  Minnesota Statutes 1994, section 13.99, 
        subdivision 112, is amended to read: 
           Subd. 112.  [CHILD ABUSE REPORT RECORDS.] Data contained in 
        child abuse report records are classified under section 626.556, 
        subdivisions 11 and 11b. 
           Sec. 51.  Minnesota Statutes 1994, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 113a.  [CHILD PROTECTION TEAM.] Data acquired by a 
        case consultation committee or subcommittee of a child 
        protection team are classified by section 626.558, subdivision 3.
           Presented to the governor May 30, 1995 
           Signed by the governor June 1, 1995, 11:44 a.m.

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